Digby's ue Diary

[Never-In-Doubt]

Re: Digby's ue Diary

10.12.2015 Letter from Cabot dated 02.12.2015 saying that I must contact them within 10 days to prevent legal action occurring.

I get the feeling this latest letter is one I shouldn't ignore? Any advice welcome please.

Have you not read this?

--> http://forums.all-about-debt.co.uk/s...hp?18936-Cabot

I suggest you do as suggested here (ie nothing) -> http://forums.all-about-debt.co.uk/s...l=1#post541854

[Digby]

Re: Digby's ue Diary

Oh my! I have a lot of catching up to do!

Thanks so much Niddy, I think I'm going to enjoy reading that.

[Never-In-Doubt]

Re: Digby's ue Diary

Oh my! I have a lot of catching up to do!

Thanks so much Niddy, I think I'm going to enjoy reading that.

I am awaiting a reply to my email as well.....

[Digby]

Re: Digby's ue Diary

Oops, no time for reading!

Have replied now.

[Digby]

Re: Digby's ue Diary

Have sent email with more info as requested

[Digby]

Re: Digby's ue Diary

Marbles/Beneficial/HSBC
Type of account - Credit card
Date commenced – March 2003
Approx balance - £6,800
Date last paid – 28.1.2015
Are you on arrangement or not paying – Not paying
Status – Default Notice 9.6.2014
Account owner – HSBC
History – Marbles, then Beneficial, then HSBC
3.2.2015 HSBC advised sent to their Recoveries Section, asked me to telephone them to discuss existing payment arrangement. I didn’t.
11.2.2015 CCA request sent to HSBC .
14.4.2015
Letter received from HSBC says have been “unable to provide a copy of the original agreement so have provided a reconstituted copy that does not include information which it is permitted to exclude such as signatures and signature box”.
This is a blank copy of an application form in which they have handwritten my name and address with no other details. They say that the account was opened in 2003 and that they also hold details at the time of application such as d.o.b. and employment details, although they have not included this info within the paperwork they sent.
There is also a photocopy of the Beneficial Terms & Conditions with none of my details. I think Beneficial were the previous owners although not the original one as it started out as a Marbles card.
Further states that “payments received have been submitted by yourself and account has been conducted in a way that suggests a relationship with the bank and in view of this HSBC considers you liable for payment of the outstanding balance”.
This one was declared ue by Niddy on the 17.4.2015 as it's just a blank application form
28.10.2015 HSBC advised being referred to Restons Solicitors.
4.11.2015 Letter from Restons advising full balance to be paid by 16.11.2015 or client has instructed them to issue a ccj. Says client may be prepared to accept instalments and enclosed i.e forms. Says client also wishes us to know that they would accept a specially discounted settlement "which could represent a substantial saving."
5.11.2015 Sent letter (as per Niddy above) saying HSBC have not complied with cca request.
11.11.2015 Letter from Restons saying thank you for my letter, they are now seeking client's instructions and account has been placed on hold.
18.12.2015 Letter from Restons saying their client complied with cca request on the 10.4.2015 and enclosing a staggeringly unreadable photocopy of the doc they sent before (the one where HSBC had handwritten some of my details on a blank application form). This time also enclosed a micrcoscopically small badly photocopied set of terms and conditions with no obvious connection to me. Says I must contact them with a completed financial statement form by 6th January 2016 or may result in legal proceedings being commenced.
Any advice please?

[Deepie]

Re: Digby's ue Diary

I'd send Illegible Document Received

[Digby]

Re: Digby's ue Diary

Thanks Deepie, does it matter that the copy we received in the first instance (from HSBC) was legible?

[Digby]

Re: Digby's ue Diary

Marbles/Beneficial/HSBC
Type of account - Credit card
Date commenced – March 2003
Approx balance - £6,800
Date last paid – 28.1.2015
Are you on arrangement or not paying – Not paying
Status – Default Notice 9.6.2014
Account owner – HSBC
History – Marbles, then Beneficial, then HSBC
3.2.2015 HSBC advised sent to their Recoveries Section, asked me to telephone them to discuss existing payment arrangement. I didn’t.
11.2.2015 CCA request sent to HSBC .
14.4.2015
Letter received from HSBC says have been “unable to provide a copy of the original agreement so have provided a reconstituted copy that does not include information which it is permitted to exclude such as signatures and signature box”.
This is a blank copy of an application form in which they have handwritten my name and address with no other details. They say that the account was opened in 2003 and that they also hold details at the time of application such as d.o.b. and employment details, although they have not included this info within the paperwork they sent.
There is also a photocopy of the Beneficial Terms & Conditions with none of my details. I think Beneficial were the previous owners although not the original one as it started out as a Marbles card.
Further states that “payments received have been submitted by yourself and account has been conducted in a way that suggests a relationship with the bank and in view of this HSBC considers you liable for payment of the outstanding balance”.
This one was declared ue by Niddy on the 17.4.2015 as it's just a blank application form
28.10.2015 HSBC advised being referred to Restons Solicitors.
4.11.2015 Letter from Restons advising full balance to be paid by 16.11.2015 or client has instructed them to issue a ccj. Says client may be prepared to accept instalments and enclosed i.e forms. Says client also wishes us to know that they would accept a specially discounted settlement "which could represent a substantial saving."
5.11.2015 Sent letter (as per Niddy above) saying HSBC have not complied with cca request.
11.11.2015 Letter from Restons saying thank you for my letter, they are now seeking client's instructions and account has been placed on hold.
18.12.2015 Letter from Restons saying their client complied with cca request on the 10.4.2015 and enclosing a staggeringly unreadable photocopy of the doc they sent before (the one where HSBC had handwritten some of my details on a blank application form). This time also enclosed a micrcoscopically small badly photocopied set of terms and conditions with no obvious connection to me. Says I must contact them with a completed financial statement form by 6th January 2016 or may result in legal proceedings being commenced.

I'm not sure what to do here. The stuff Reston's have sent is just a very poor photocopy of what HSBC sent, which was a blank application form (in which someone, not me, had hand-written my name and address). Niddy has previously confirmed it's ue and I have sent a letter to Reston's saying HSBC haven't complied, but I didn't ever send a 'missing prescribed terms' to HSBC. Does that matter? Do I need to respond to this latest threat or should I ignore?

[commit2change]

Re: Digby's ue Diary

HI

Did you send the letter that Deepie recommended? As the first app was clearly UE then I'd ignore it and focus on this one and send the illegible document received letter as that is what they sent.

[Digby]

Re: Digby's ue Diary

Marbles/Beneficial/HSBC
Type of account - Credit card
Date commenced – March 2003
Approx balance - £6,800
Date last paid – 28.1.2015
Are you on arrangement or not paying – Not paying
Status – Default Notice 9.6.2014
Account owner – HSBC
History – Marbles, then Beneficial, then HSBC
3.2.2015 HSBC advised sent to their Recoveries Section, asked me to telephone them to discuss existing payment arrangement. I didn’t.
11.2.2015 CCA request sent to HSBC .
14.4.2015
Letter received from HSBC says have been “unable to provide a copy of the original agreement so have provided a reconstituted copy that does not include information which it is permitted to exclude such as signatures and signature box”.
This is a blank copy of an application form in which they have handwritten my name and address with no other details. They say that the account was opened in 2003 and that they also hold details at the time of application such as d.o.b. and employment details, although they have not included this info within the paperwork they sent.
There is also a photocopy of the Beneficial Terms & Conditions with none of my details. I think Beneficial were the previous owners although not the original one as it started out as a Marbles card.
Further states that “payments received have been submitted by yourself and account has been conducted in a way that suggests a relationship with the bank and in view of this HSBC considers you liable for payment of the outstanding balance”.
This one was declared ue by Niddy on the 17.4.2015 as it's just a blank application form
28.10.2015 HSBC advised being referred to Restons Solicitors.
4.11.2015 Letter from Restons advising full balance to be paid by 16.11.2015 or client has instructed them to issue a ccj. Says client may be prepared to accept instalments and enclosed i.e forms. Says client also wishes us to know that they would accept a specially discounted settlement "which could represent a substantial saving."
5.11.2015 Sent letter (as per Niddy above) saying HSBC have not complied with cca request.
11.11.2015 Letter from Restons saying thank you for my letter, they are now seeking client's instructions and account has been placed on hold.
18.12.2015 Letter from Restons saying their client complied with cca request on the 10.4.2015 and enclosing a staggeringly unreadable photocopy of the doc they sent before (the one where HSBC had handwritten some of my details on a blank application form). This time also enclosed a micrcoscopically small badly photocopied set of terms and conditions with no obvious connection to me. Says I must contact them with a completed financial statement form by 6th January 2016 or may result in legal proceedings being commenced.
05.01.2016 Sent 'illegible document received' letter to Restons

[Digby]

Re: Digby's ue Diary

Marbles/Beneficial/HSBC
Type of account - Credit card
Date commenced – March 2003
Approx balance - £6,800
Date last paid – 28.1.2015
Are you on arrangement or not paying – Not paying
Status – Default Notice 9.6.2014
Account owner – HSBC
History – Marbles, then Beneficial, then HSBC
3.2.2015 HSBC advised sent to their Recoveries Section, asked me to telephone them to discuss existing payment arrangement. I didn’t.
11.2.2015 CCA request sent to HSBC .
14.4.2015
Letter received from HSBC says have been “unable to provide a copy of the original agreement so have provided a reconstituted copy that does not include information which it is permitted to exclude such as signatures and signature box”.
This is a blank copy of an application form in which they have handwritten my name and address with no other details. They say that the account was opened in 2003 and that they also hold details at the time of application such as d.o.b. and employment details, although they have not included this info within the paperwork they sent.
There is also a photocopy of the Beneficial Terms & Conditions with none of my details. I think Beneficial were the previous owners although not the original one as it started out as a Marbles card.
Further states that “payments received have been submitted by yourself and account has been conducted in a way that suggests a relationship with the bank and in view of this HSBC considers you liable for payment of the outstanding balance”.
This one was declared ue by Niddy on the 17.4.2015 as it's just a blank application form
28.10.2015 HSBC advised being referred to Restons Solicitors.
4.11.2015 Letter from Restons advising full balance to be paid by 16.11.2015 or client has instructed them to issue a ccj. Says client may be prepared to accept instalments and enclosed i.e forms. Says client also wishes us to know that they would accept a specially discounted settlement "which could represent a substantial saving."
5.11.2015 Sent letter (as per Niddy above) saying HSBC have not complied with cca request.
11.11.2015 Letter from Restons saying thank you for my letter, they are now seeking client's instructions and account has been placed on hold.
18.12.2015 Letter from Restons saying their client complied with cca request on the 10.4.2015 and enclosing a staggeringly unreadable photocopy of the doc they sent before (the one where HSBC had handwritten some of my details on a blank application form). This time also enclosed a micrcoscopically small badly photocopied set of terms and conditions with no obvious connection to me. Says I must contact them with a completed financial statement form by 6th January 2016 or may result in legal proceedings being commenced.
05.01.2016 Sent 'illegible document received' letter to Restons
07.01.2016 Letter from Restons returning my letter and stating that it was unsigned, any future unsigned documentation will not be acknowledged by them and they will not reply.

Any advice on what to do next please?

[Pixie]

Re: Digby's ue Diary

So Restons are starting to play that silly game are they? Did you sign digitally or sign over the AAD tamper strip?

[Digby]

Re: Digby's ue Diary

I signed digitally Pixie

[Pixie]

Re: Digby's ue Diary

Thanks Digby.

You can either re-send the Illegible Document Received letter with your signature (though it doesn't need to be your usual signature ) over the anti tamper strip or send the Demand of Signature letter which you'll find in the AAD+ templates letter section (Unenforceablility -> Receiving Replies)