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Re: clueless24 UE Diary
Should I send the the threat by creditor to commence action template? All help as always is greatly appreciated.
Originally posted by clueless24
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Lloyds TSB
Credit Card
Commenced approx 2006
Approx balance £8k
Date last paid in full 1-3-10 (token £1 03/10 until 09/2010)
Arrangement £1 per month ceased 09/2010
Status Default
Owner Lloyds TSB
3-2-11 Sent CCA request
4-2-11 Delivered
18-2-11 Recieved CCA
24-2-11 E-mailed Niddy the CCA
26-2-11 NIDDY SAYS UE WHOOO HOO!!!! Have sent CCA query copy doc supplied letter
12-3-11 Recieved response from LTSB have recieved my complaint and have sent it to Brighton Card Customer relations dept, may take 4 weeks to respond..
9-4-11 Letter from SCM Solicitors I am required to pay balance in full within 7 days from the date of the letter (6-4-11) to avoid court proceedings being issued against me. Call them to arrange amicable agreement to pay off debt without the need to instigate etc etc.
10-4-11 Send Threat by lender/DCA to commence litigation letter, will send special delivery as advised
12-5-11 Received letter from SCM enclosing another CCA with some additional paperwork. In response to my letter of the 10-4-11 as above Will e-mail Niddy for advise
16-5-11 Niddy advises sending Enough is Enough letter
30-5-11 Recieved response from SCM Solicitors to enough is enough template. Say's please find enclosed a re-constituted credit agreement together with 2 amendments to the T&C. Please forward your repayment proposals to this office for consideration.
20-6-11 Niddy says in breach ignore for time being
22-7-11 Letter from Rob Way. Our client has authorised us to recover the full amount you owe, please pay the full amount you owe without delay or call us directly to agree an affordable payment plan. We may advise our client to start court action etc.
Ignore for now
1-8-11 Letter recieved today dated 1-8-11 from Rob Way. SECURITY TELEMESSAGE Recent actions on your account are giving cause for concern please contact us immediately. Please do not delay
I2D ignore for now
12-8-11 Letter received from Rob Way IMMEDIATE ACTION REQUIRED This is notice about your unpaid account which our client has instructed us to recover.ACT NOW call us without delay, if you fail to pay and neglect to deal with this account further action may be taken.
13-8-11 Niddy says send Final Responce UE
10-9-11 Letter from LTSB advising they have have complied with CCA and will not correspond further regarding the provision of copy agreements. We have enclosed with this letter a copy of the reconstituted version of your executed agreement and a signed statement of your account. We have satified under section 78 etc. There is no requirment under the CCA to provide you with a copy of the original signed agreement, but not withstanding that fact enclosed a copy of the front page of the original agreement proving your signature the PT would have been validly incorporated into the agreement on the reverse of the enclosed sheet or a seperate sheet. Goes on to quote Ray Watson and debt is enforceable pay up.
10-9-11 I2D says ignore for now.
19-9-11 Letter from Rob Way.
We refer to your recent letter in which you claim this account is not enforceable. We are satisfied that the documentation provided is sufficient to demonstarate liability and we will not enter into repetetive correspondence regarding this.
Your data will continue to be processed in line with the principles of the DPA 1998 and the account will continue to be reported to CRA's where appropriate. If you neglect to make payment to us, further action may be taken against you.We require your payment proposals within 14 days.
19-9-11 Niddy says ignore for now
29-9-11 Letter from Rob Way immediate action required, until it is paid your account will not be closed but may stay registered as an unpaid debt in your name. We urge you to settle your account now and clear this up once and for all. Ring us today.
I2D ignore for now
12-10-11 2 letters today 1 from Rob Way dated 10/10/11 IMMEDIATE ACTION REQUIRED NOTICE OF INTENDED LEGAL ACTION. Your account is still unpaid in spite of previous letters and calls and may now be passed to our solicitor for legal action to be taken. You have 10 days to pay.
1 letter from Lloyds TSB dated 7-10-11 If you do not pay off the full amount outstanding we will allocate your payment to the outstanding balance in specific order. Since no interest or charges are being applied to your account, your payment will be used to pay off your outstanding balance. it lists 2 payments £1.00 on the 15-10-10 & £4.00 on the 9-11-10. I was going into hospital and paid £4 for the next 4 months. I had an arrangement of £1pm (ceased payments in Nov 2010) Goes on to say if I have a problem with my aggrement please try to settle it with them first.
12-10-11 I2D says ignore the one from Lloyds send Threat by creditor to commence litigation to Rob Way.
24-10-11 Letter from Rob Way We refer to your letter in which I claim this account is UE, they are satisfied they have provided docs to demonstrate liability and will not enter into repetitive correspondence. We require your payment proposals within 14 days or else!!!!
P277 Swanfan says ignore for now.
12-11-11 Letter from Horwich Farrelly we may advise our client to commence court action against you as a result of your failure to settle this account. Even at this late stage you can avoid court action by making a payment to us or by making a proposal that you can afford.
If I wish to make a proposal please set out a simple statement of your means and any circumstances you wish us to consider. Any queries please call us or our client Robinson Way.
P290 I2D ignore for now
9-12-11 Letter from Credit Security Ltd, Debt Enforcement Office, The Old Courthouse, Whitchurch. We have been instructed by our client to recover the o/s debt. Unless there is a valid reason for non payment settlement is required within 7 days.
Garlock. send account sold in dispute
24-12-11 Letter from Credit Security Ltd. We acknowledge receipt of your template letter dated the 9/12/11 and would advise you that sending one letter dated 6/12/11 does not amount to continual harassment. In order that we may request a copy Credit Agreement we would appreciate receiving a payment for the sum of £1 payable to LTSB. When repling will you kindly provide full details of your dispute and reason for non payment in order that this matter be resolved without further delay.
Niddy. ignore for now
20-6-12 (p389) Letter from Lloyds. As we haven't been able to agree a suitable repayment plan we've transfered your Lloyds TSB debt to debt collection agency MOORCROFT group plc. We've instructed Moorcroft to arrange collection of the outstanding amount. please call Moorcroft now to pay.
I2D p390 agrees with my thinking and will ignore for now
25-6-12 Letter from Moorcroft. It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirment even if it is not actually read by you.Payment should be submitted in full within 7 days or contact made with this office immediately. Both our client and we do not wish to take this action but if agreement cannot be reached by the 27/6/12 a claim may be issued by solicitors instructed to act on behalf of our client without further notice. We would draw to your attention that if judgement and an order for repayment in full is obtained and remains unpaid, a range of court enforcement options are available to our client and an application for one of these may be considered. Call us today.
p396 Send Threat by creditor to commence actions
27-6-12 Sent Telephone Harrassment letter to Moorcroft
3-7-12 Letter from Moorcroft. Account on hold whilst they refer to their client
6-7-12 Letter from Moorcroft Compliance Department. Quite a long and what would seem quite a personalised letter regarding the two letters I sent as above on the 25-6 & 27-6-12. First part asks me to prove that I have asked them not to contact me by phone. Second part confirms that account is on hold and even if they havn't complied with the CCA doesnt mean I don't owe it and refer me to a recent OFT press release 'Consumers warned on 'unenforcable debt' claims'. Then quotes S77,78,79 of the CCA1974.
With the above in mind we would ask that you provide specific details of any reason why you believe you are not liable for this debt. Account will remain on hold and this will remain the position to allow you the opportunity to respond to this letter, our request for specific information regarding your liability and for us to revert back to you with our clients response. If not happy FOS leaflet enclosed.
p407 I2D send Final response UE CCA received.
12-7-12 Letter from Lloyds TSB in response to letter sent 25-6-12 to Moorcroft. Sorry you had to complain, We have provided you with a copy that complies with the requirements of the CCA 1974 and the Consumer credit (cancellation notice and copies of documents) regulations 1983, SI 1983/1557 (the regulations). We do not have to produce an actual copy of the document signed the purpose is to allow debtors access to their terms and conditions of their CA and providing the debtor with a true copy of the t&c of the agreement we have complied with s78, blah, blah, blah. Turning to your allegations of harassment it is the banks obligation as a responsible lender to advise customers as soon as reasonable that they are in arrears. The bank will give no undertaking not to contact you to ask for payment particularly as your alleged dispute is unfounded. Then quotes Carey. This is our final response you can now go to the FOS.
2-8-12 Letter from Moorcroft account on hold whilst we refer to our client.
1-9-12 Letter from Moorcroft. Our client has instructed us to continue to assist in the recovery of this account. Not aware of any dispute, TSB have complied with CCA enclosed a copy of TSB response from 9-7-12. Set up a payment arrangement asap, I&E forms enclosed, Should you believe you are not liable for this account please provide us with specific reasons without this we can't help you and account becomes live again. Account on hold for 14 days till I respond.
p432 I shall ignore for now
22-9-12 Letter from Moorcroft. You have not responded to our previous correspondence you now have 28 days to respond if you do not we shall close our file and return the account to Lloyds
5-11-12 Letter from Lloyds we are changing how we pay things (if you have any ppi we will pay it to your account to clear debt first)
3-1-13 Text from IQor asking me to contact them urgently on an important business matter. Ignored
9-1-13 Letter from LTSB we have transferred your account to a DCA IQor to arrange collection of the outstanding amount. Contact them asap to arrange repayment. I shall ignore for now and await contact from Iqor.
11-1-13 Letter from IQor. Your debt has been passed to us for collection. Resolve immediately or we may commence legal action in the county court. We may also instruct a doorstep collector to visit your home.
p459 Account sold in dispute letter sent.
23-1-13 Letter from Iqor. Further to your request under the CCA 1974 sec77/78 for a copy of your original agreement we note that we have not recieved the £1 fee and for that reason we have not progressed your request further. Should you wish to continue with this request, please forward us the prescribed fee of £1 and your request in writing.
p478 Sent letter saying read my last letter I don't need to send £1.
30-3-13 Letter from LTSB We have recieved a copy of correspondence you have sent to IQOR regarding the account.I have not seen the documentation that has passed between you it is clear they believe you feel the account is in dispute/UE. We have complied on 16-2-2011 and final response issued on 9-7-2012. We believe this debt is enforcable and will continue to contact you about repayments using collection agents please speak to them to arrange repayment. We will not respond to you directly again.
p515 Wait and see what comes next
18-4-13 Constant phone calls day and night from Iqor, will send telephone harassment letter.
Letter from Iqor It is critical that you ring us immediately as we may be able to offer you a substantial discount if you settle your account now. To avoid any further action we urge you to act now.
10-5-13 Letter from GBP Solicitors, we have been contacted by Iqor in relation to monies owed to Ltsb, if full payment, or your proposals for payment are not received by Iqor within 10 days from the date of this letter (6-5-13) it is likely that we will be instructed to commence legal proceedings against you. Any legal action will include a claim for legal costs and interest that may accrue.
Please note we are instructed NOT to enter into correspondence with you at this stage but to refer the matter to our client Iqor. Please contact them directly to avoid the necessity of such action.
Credit Card
Commenced approx 2006
Approx balance £8k
Date last paid in full 1-3-10 (token £1 03/10 until 09/2010)
Arrangement £1 per month ceased 09/2010
Status Default
Owner Lloyds TSB
3-2-11 Sent CCA request
4-2-11 Delivered
18-2-11 Recieved CCA
24-2-11 E-mailed Niddy the CCA
26-2-11 NIDDY SAYS UE WHOOO HOO!!!! Have sent CCA query copy doc supplied letter
12-3-11 Recieved response from LTSB have recieved my complaint and have sent it to Brighton Card Customer relations dept, may take 4 weeks to respond..
9-4-11 Letter from SCM Solicitors I am required to pay balance in full within 7 days from the date of the letter (6-4-11) to avoid court proceedings being issued against me. Call them to arrange amicable agreement to pay off debt without the need to instigate etc etc.
10-4-11 Send Threat by lender/DCA to commence litigation letter, will send special delivery as advised
12-5-11 Received letter from SCM enclosing another CCA with some additional paperwork. In response to my letter of the 10-4-11 as above Will e-mail Niddy for advise
16-5-11 Niddy advises sending Enough is Enough letter
30-5-11 Recieved response from SCM Solicitors to enough is enough template. Say's please find enclosed a re-constituted credit agreement together with 2 amendments to the T&C. Please forward your repayment proposals to this office for consideration.
20-6-11 Niddy says in breach ignore for time being
22-7-11 Letter from Rob Way. Our client has authorised us to recover the full amount you owe, please pay the full amount you owe without delay or call us directly to agree an affordable payment plan. We may advise our client to start court action etc.
Ignore for now
1-8-11 Letter recieved today dated 1-8-11 from Rob Way. SECURITY TELEMESSAGE Recent actions on your account are giving cause for concern please contact us immediately. Please do not delay
I2D ignore for now
12-8-11 Letter received from Rob Way IMMEDIATE ACTION REQUIRED This is notice about your unpaid account which our client has instructed us to recover.ACT NOW call us without delay, if you fail to pay and neglect to deal with this account further action may be taken.
13-8-11 Niddy says send Final Responce UE
10-9-11 Letter from LTSB advising they have have complied with CCA and will not correspond further regarding the provision of copy agreements. We have enclosed with this letter a copy of the reconstituted version of your executed agreement and a signed statement of your account. We have satified under section 78 etc. There is no requirment under the CCA to provide you with a copy of the original signed agreement, but not withstanding that fact enclosed a copy of the front page of the original agreement proving your signature the PT would have been validly incorporated into the agreement on the reverse of the enclosed sheet or a seperate sheet. Goes on to quote Ray Watson and debt is enforceable pay up.
10-9-11 I2D says ignore for now.
19-9-11 Letter from Rob Way.
We refer to your recent letter in which you claim this account is not enforceable. We are satisfied that the documentation provided is sufficient to demonstarate liability and we will not enter into repetetive correspondence regarding this.
Your data will continue to be processed in line with the principles of the DPA 1998 and the account will continue to be reported to CRA's where appropriate. If you neglect to make payment to us, further action may be taken against you.We require your payment proposals within 14 days.
19-9-11 Niddy says ignore for now
29-9-11 Letter from Rob Way immediate action required, until it is paid your account will not be closed but may stay registered as an unpaid debt in your name. We urge you to settle your account now and clear this up once and for all. Ring us today.
I2D ignore for now
12-10-11 2 letters today 1 from Rob Way dated 10/10/11 IMMEDIATE ACTION REQUIRED NOTICE OF INTENDED LEGAL ACTION. Your account is still unpaid in spite of previous letters and calls and may now be passed to our solicitor for legal action to be taken. You have 10 days to pay.
1 letter from Lloyds TSB dated 7-10-11 If you do not pay off the full amount outstanding we will allocate your payment to the outstanding balance in specific order. Since no interest or charges are being applied to your account, your payment will be used to pay off your outstanding balance. it lists 2 payments £1.00 on the 15-10-10 & £4.00 on the 9-11-10. I was going into hospital and paid £4 for the next 4 months. I had an arrangement of £1pm (ceased payments in Nov 2010) Goes on to say if I have a problem with my aggrement please try to settle it with them first.
12-10-11 I2D says ignore the one from Lloyds send Threat by creditor to commence litigation to Rob Way.
24-10-11 Letter from Rob Way We refer to your letter in which I claim this account is UE, they are satisfied they have provided docs to demonstrate liability and will not enter into repetitive correspondence. We require your payment proposals within 14 days or else!!!!
P277 Swanfan says ignore for now.
12-11-11 Letter from Horwich Farrelly we may advise our client to commence court action against you as a result of your failure to settle this account. Even at this late stage you can avoid court action by making a payment to us or by making a proposal that you can afford.
If I wish to make a proposal please set out a simple statement of your means and any circumstances you wish us to consider. Any queries please call us or our client Robinson Way.
P290 I2D ignore for now
9-12-11 Letter from Credit Security Ltd, Debt Enforcement Office, The Old Courthouse, Whitchurch. We have been instructed by our client to recover the o/s debt. Unless there is a valid reason for non payment settlement is required within 7 days.
Garlock. send account sold in dispute
24-12-11 Letter from Credit Security Ltd. We acknowledge receipt of your template letter dated the 9/12/11 and would advise you that sending one letter dated 6/12/11 does not amount to continual harassment. In order that we may request a copy Credit Agreement we would appreciate receiving a payment for the sum of £1 payable to LTSB. When repling will you kindly provide full details of your dispute and reason for non payment in order that this matter be resolved without further delay.
Niddy. ignore for now
20-6-12 (p389) Letter from Lloyds. As we haven't been able to agree a suitable repayment plan we've transfered your Lloyds TSB debt to debt collection agency MOORCROFT group plc. We've instructed Moorcroft to arrange collection of the outstanding amount. please call Moorcroft now to pay.
I2D p390 agrees with my thinking and will ignore for now
25-6-12 Letter from Moorcroft. It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirment even if it is not actually read by you.Payment should be submitted in full within 7 days or contact made with this office immediately. Both our client and we do not wish to take this action but if agreement cannot be reached by the 27/6/12 a claim may be issued by solicitors instructed to act on behalf of our client without further notice. We would draw to your attention that if judgement and an order for repayment in full is obtained and remains unpaid, a range of court enforcement options are available to our client and an application for one of these may be considered. Call us today.
p396 Send Threat by creditor to commence actions
27-6-12 Sent Telephone Harrassment letter to Moorcroft
3-7-12 Letter from Moorcroft. Account on hold whilst they refer to their client
6-7-12 Letter from Moorcroft Compliance Department. Quite a long and what would seem quite a personalised letter regarding the two letters I sent as above on the 25-6 & 27-6-12. First part asks me to prove that I have asked them not to contact me by phone. Second part confirms that account is on hold and even if they havn't complied with the CCA doesnt mean I don't owe it and refer me to a recent OFT press release 'Consumers warned on 'unenforcable debt' claims'. Then quotes S77,78,79 of the CCA1974.
With the above in mind we would ask that you provide specific details of any reason why you believe you are not liable for this debt. Account will remain on hold and this will remain the position to allow you the opportunity to respond to this letter, our request for specific information regarding your liability and for us to revert back to you with our clients response. If not happy FOS leaflet enclosed.
p407 I2D send Final response UE CCA received.
12-7-12 Letter from Lloyds TSB in response to letter sent 25-6-12 to Moorcroft. Sorry you had to complain, We have provided you with a copy that complies with the requirements of the CCA 1974 and the Consumer credit (cancellation notice and copies of documents) regulations 1983, SI 1983/1557 (the regulations). We do not have to produce an actual copy of the document signed the purpose is to allow debtors access to their terms and conditions of their CA and providing the debtor with a true copy of the t&c of the agreement we have complied with s78, blah, blah, blah. Turning to your allegations of harassment it is the banks obligation as a responsible lender to advise customers as soon as reasonable that they are in arrears. The bank will give no undertaking not to contact you to ask for payment particularly as your alleged dispute is unfounded. Then quotes Carey. This is our final response you can now go to the FOS.
2-8-12 Letter from Moorcroft account on hold whilst we refer to our client.
1-9-12 Letter from Moorcroft. Our client has instructed us to continue to assist in the recovery of this account. Not aware of any dispute, TSB have complied with CCA enclosed a copy of TSB response from 9-7-12. Set up a payment arrangement asap, I&E forms enclosed, Should you believe you are not liable for this account please provide us with specific reasons without this we can't help you and account becomes live again. Account on hold for 14 days till I respond.
p432 I shall ignore for now
22-9-12 Letter from Moorcroft. You have not responded to our previous correspondence you now have 28 days to respond if you do not we shall close our file and return the account to Lloyds
5-11-12 Letter from Lloyds we are changing how we pay things (if you have any ppi we will pay it to your account to clear debt first)
3-1-13 Text from IQor asking me to contact them urgently on an important business matter. Ignored
9-1-13 Letter from LTSB we have transferred your account to a DCA IQor to arrange collection of the outstanding amount. Contact them asap to arrange repayment. I shall ignore for now and await contact from Iqor.
11-1-13 Letter from IQor. Your debt has been passed to us for collection. Resolve immediately or we may commence legal action in the county court. We may also instruct a doorstep collector to visit your home.
p459 Account sold in dispute letter sent.
23-1-13 Letter from Iqor. Further to your request under the CCA 1974 sec77/78 for a copy of your original agreement we note that we have not recieved the £1 fee and for that reason we have not progressed your request further. Should you wish to continue with this request, please forward us the prescribed fee of £1 and your request in writing.
p478 Sent letter saying read my last letter I don't need to send £1.
30-3-13 Letter from LTSB We have recieved a copy of correspondence you have sent to IQOR regarding the account.I have not seen the documentation that has passed between you it is clear they believe you feel the account is in dispute/UE. We have complied on 16-2-2011 and final response issued on 9-7-2012. We believe this debt is enforcable and will continue to contact you about repayments using collection agents please speak to them to arrange repayment. We will not respond to you directly again.
p515 Wait and see what comes next
18-4-13 Constant phone calls day and night from Iqor, will send telephone harassment letter.
Letter from Iqor It is critical that you ring us immediately as we may be able to offer you a substantial discount if you settle your account now. To avoid any further action we urge you to act now.
10-5-13 Letter from GBP Solicitors, we have been contacted by Iqor in relation to monies owed to Ltsb, if full payment, or your proposals for payment are not received by Iqor within 10 days from the date of this letter (6-5-13) it is likely that we will be instructed to commence legal proceedings against you. Any legal action will include a claim for legal costs and interest that may accrue.
Please note we are instructed NOT to enter into correspondence with you at this stage but to refer the matter to our client Iqor. Please contact them directly to avoid the necessity of such action.
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