Woodgate's UE Diary

[Spud]

Re: Woodgate's UE Diary

Update

I have received a reply from Barclaycard to the cca query letter above.

It runs to three pages, roughly..

blah, blah, blah, blah-blah, Carey, blah, blah, blahdy blah, Carey, blah, blah, our response meets the requirements of the Act, blah, we're right, give us your money,
we don't class the account as in dispute, blah.

Any thoughts on what to do next would be greatly appreciated.

They never do class it as in dispute......Why would they? From their point of view they will not just roll over and say oh ok then!

I would wait a while now, Start playing "The game" string it out and see what they send next ect. When you get another letter, lets see what they say and go from there.........You don't want to hurry things along by getting straight back to them
Depending what they come back with, Perhaps just a simple "one liner" referring them to your CCA query letter dated xxxxxx. (As nothing has changed) but you don't want to spell that out to them !!!

[Woodgate]

Re: Woodgate's UE Diary

They never do class it as in dispute......Why would they? From their point of view they will not just roll over and say oh ok then!

I would wait a while now, Start playing "The game" string it out and see what they send next ect. When you get another letter, lets see what they say and go from there.........You don't want to hurry things along by getting straight back to them
Depending what they come back with, Perhaps just a simple "one liner" referring them to your CCA query letter dated xxxxxx. (As nothing has changed) but you don't want to spell that out to them !!!

Thanks Spud

[Woodgate]

Re: Woodgate's UE Diary

3) Debenhams

• Type of account - Credit card (previously a charge card)
• Date commenced - Before May 2002
• Approx balance - £5,500
• Date last paid - tbc
• Are you on arrangement or not paying - Not paying
• Status - Not on credit report, defaulted?
• Account owner - Drydensfairfax (for Hoist Portfolio Holding 2 Ltd)
• History - Originally with GE Capital Bank, taken over by Santander. Sold to Hoist Portfolio via New Day.

11/10/14 - Sent CCA request to Drydensfairfax
31/10/14 - Reply from Drydensfairfax, '..this account is now closed with ourselves. Any future correspondence to Hoist Portfolio.' Postal Order returned.
12/11/14 - Statement and Subsequent Notice of Arrears received from Hoist Portfolio. 'We encourage you to contact us immediately to discuss the state of this account with us..'
28/01/15 - Letter from Drudensfairfax -'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt.
...Unless we receive payment we hold instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement...... no further notice will be provided...'
30/01/15 - LBA sent to Drydensfairfax
12/03/15 - Letter from Drydensfairfax - We hereby notify you that the above matter has been transferred to ourselves and that a County Court Claim has been issued against you in
accordance with instructions received from our client. You will shortly receive the Claim served by the County Court showing an amount due of £6.5k.

Update



Letter received from drydens...

We hereby notify you that the above matter has been transferred to ourselves and that a County Court Claim has been issued against you in
accordance with instructions received from our client. You will shortly receive the Claim served by the County Court showing an amount due of £6.5k
If you are in a position to settle the debt in full please contact this office immediately. This may avoid further costs etc.....


I still haven't received a CCA on this account, should I send another request? I'll have to check they received my LBA, they didn't return the postal order..
Is there anything I should do while I'm waiting for the claim to arrive?

Thanks

[Never-In-Doubt]

Re: Woodgate's UE Diary

I'd wait. If they've issued a claim then pointless replying with anything. If they're in breach of s.78 then great.

[Never-In-Doubt]

Re: Woodgate's UE Diary

Reading the above you'll have a good argument. Drydens are saying they aren't owners in Oct 2014 yet 3 months later write to you again all the while refusing your cca request.

Tut tut. Naughty

however after drydens returned your cca request in oct 2014; have you resent it? If not post it back to them. It's still valid (date wise)......post it yesterday ie asap.

[Woodgate]

Re: Woodgate's UE Diary

Reading the above you'll have a good argument. Drydens are saying they aren't owners in Oct 2014 yet 3 months later write to you again all the while refusing your cca request.

Tut tut. Naughty

however after drydens returned your cca request in oct 2014; have you resent it? If not post it back to them. It's still valid (date wise)......post it yesterday ie asap.

I relied on the following paragraph in the LBA-

'You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply
documents which is imposed by the Consumer Credit Act 1974 ("CCA 1974"). A request was made under sections 77-79
on the 11 October 2014 and this has not been complied with. The agreement is therefore rendered unenforceable
whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and
would be met by an application by me to strike out the claim as having no prospect of success. Upon receipt of the documents
requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.'

I sent the postal order back to them with the LBA. Should I send a CCA with another postal order now?

Thanks

[Never-In-Doubt]

Re: Woodgate's UE Diary

No. Don't resend if you've already done it.

Nice one. Sit & wait now then......

[The Tech Clerk]

Re: Woodgate's UE Diary

just sit & wait for any further move by them

[CleverClogs (RIP)]

Re: Woodgate's UE Diary

Should I send a CCA with another postal order now?

It might be useful to learn if the Postal Order has been cashed.

[CleverClogs (RIP)]

Re: Woodgate's UE Diary

just sit & wait for the arrogant numpties to discontinue when they see your s78(6) defence.

I've fixed your post for you! blank

[Woodgate]

Re: Woodgate's UE Diary

3) Debenhams

• Type of account - Credit card (previously a charge card)
• Date commenced - Before May 2002
• Approx balance - £5,500
• Date last paid - tbc
• Are you on arrangement or not paying - Not paying
• Status - Not on credit report, defaulted?
• Account owner - Drydensfairfax (for Hoist Portfolio Holding 2 Ltd)
• History - Originally with GE Capital Bank, taken over by Santander. Sold to Hoist Portfolio via New Day.

11/10/14 - Sent CCA request to Drydensfairfax
31/10/14 - Reply from Drydensfairfax, '..this account is now closed with ourselves. Any future correspondence to Hoist Portfolio.' Postal Order returned.
12/11/14 - Statement and Subsequent Notice of Arrears received from Hoist Portfolio. 'We encourage you to contact us immediately to discuss the state of this account with us..'
28/01/15 - Letter from Drudensfairfax -'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt.
...Unless we receive payment we hold instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement...... no further notice will be provided...'
30/01/15 - LBA sent to Drydensfairfax
12/03/15 - Letter from Drydensfairfax - We hereby notify you that the above matter has been transferred to ourselves and that a County Court Claim has been issued against
you in accordance with instructions received from our client. You will shortly receive the Claim served by the County Court showing an amount due of £6.5k.
14/03/15- County Court Claim Form received

Update

As promised by Drydens, the County Court Claim Form arrived in today's post.

[CleverClogs (RIP)]

Re: Woodgate's UE Diary

"Hoist Portfolio Holding 2 Ltd" seems to suggest that they are storing turds. (Holding number 2s - geddit?)

[Never-In-Doubt]

Re: Woodgate's UE Diary

Can you login using the details on the N1 and complete the AoS only (ie +14 days) - DO NOT complete a defence at this stage.

Also so email me the claim, cca info & default notice if you've ever had one please.

Also please complete the claim process -> http://forums.all-about-debt.co.uk/s...rom-a-Creditor

[Woodgate]

Re: Woodgate's UE Diary

"Hoist Portfolio Holding 2 Ltd" seems to suggest that they are storing turds. (Holding number 2s - geddit?)

Thanks CC. If I don't come up with a better defence, I'll go with that

[Woodgate]

Re: Woodgate's UE Diary

Can you login using the details on the N1 and complete the AoS only (ie +14 days) - DO NOT complete a defence at this stage.

Also so email me the claim, cca info & default notice if you've ever had one please.

Also please complete the claim process -> http://forums.all-about-debt.co.uk/s...rom-a-Creditor

Thanks, I'll dig out the paperwork & email it over.