Digby's ue Diary

[Digby]

Re: Digby's ue Diary

Thanks Pixie, I'm so sorry, I can't seem to find the Demand of Signature letter, could someone link please?

[Digby]

Re: Digby's ue Diary

S'ok! Ignore ignore, got it now

[Digby]

Re: Digby's ue Diary

Capital One
Type of account - Credit card
Date commenced - 1998
Approx balance - £10,800
Date last paid – October 2014
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – 28.8.2014 Default Notice
Account owner – Capital One or Cougar Collections, not sure at this time.
History – Capital One from date of agreement but may now be with Cougar Collections.

23.10.2014
Had an automated call this morning, a google search tells me it’s from Cougar Financial Services / CFS which suggests it concerns my Capital One credit card (they are the only company from a total of 12 who haven’t accepted my DMP proposal). We’ve not received any letters from Capital One to say that they’ve passed the debt on to this collection agency but I have to assume that is what they have done. This credit card account was opened prior to 2007 and I intend to send a CCA request using your template with a £1 postal order via recorded delivery. I am wondering should I send it to Capital One or to the Collection Agency or to both? I assume we’ll be receiving a letter from them in the next few days to confirm the debt has been passed over but I’m pretty sure it’s Capital One. I can block any calls from Cougar and I’ll await a letter from them but I’m wondering how things might progress from here.
27.10.2014 Now confirmed as passed to Cougar.
Have today sent request for CCA using your template, recorded and tracked delivery.
12.11.2014 Copy of CCA received from Capital One
14.11.2014 CCA uploaded
21.11.2014 Niddy advised temporarily UE as no PTs, advised to send follow-up letter.
5.12.2014 Letter from Capital One advising passed to Frederickson International followed by call from Fredericksons which I blocked.
19.12.2014 Follow up letter “CCA Query Missing Prescribed Terms” sent to Fredriksons
15.4.2015 Letter from Credit Solutions saying passed to them from Capital One and requesting arrangement for payment.
30.4.2015 Follow up letter “CCA Query Missing Prescribed Terms” sent to Credit Solutions
16.06.2015 Letter from Credit Solutions stating that unless I make contact the account will be referrred back to Capital One. Ignored.
Received a letter from Credit Solutions headed 'Final Notice' and stating that 'if you fail to make contact with us your account will be referred back to our client [and] they may consider selling [it]. Once sold, you will no longer deal with Capital One Bank '.
22.7.2015 Letter from Capital One advising no longer being managed by debt collection agency and now back with Capital One so please make payments to them etc.
14.10.2015 Letter from Cap1 saying account sold to Cabot on 24.9.2015 and all contact should now be with them

14.10.2015 Letter from Cabot inviting me to get in touch, ignored.

21.10.2015 Another letter from Cabot inviting me to get in touch, ignored.
04.11.2015 Letter from Cabot saying they’ll continue to try to contact me. Ignored.
12.11.2015 Sent 'missing prescribed terms' template letter to cabot
10.12.2015 Letter from Cabot dated 02.12.2015 saying that I must contact them within 10 days to prevent legal action occurring.
17.01.2016 Letter from Cabot stating account referred to Restons
21.01.2016 Letter from Restons saying I must pay in full by Feb 1st or they have instruction from Cabot to issue a claim against me, client may be prepared to accept payment by instalments or a reduced settlement figure.

I take it this latest letter is one I shouldn't ignore?

[Never-In-Doubt]

Re: Digby's ue Diary

Marbles/Beneficial/HSBC
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.

Capital One
21.01.2016 Letter from Restons saying I must pay in full by Feb 1st or they have instruction from Cabot to issue a claim against me, client may be prepared to accept payment by instalments or a reduced settlement figure.

Hi regards the two accounts above - now with Restons, I would suggest you send one letter that will apply to both....

Copy the below and add both account numbers to it, send it recorded so you get proof of delivery and do not sign it - you are fine signing digitally.

------------------------------------------------------------

Dear Restons,

Ref 1: xxxxxxxxxx
Ref 2: xxxxxxxxxx

I acknowledge receipt of your letters regarding the above two accounts and can confirm that at present I intend to defend any claim that may be issued in this matter.

Notwithstanding the above, you have been in communication with me (after instigating communication in 2015) and writing to the same person at the same address as you originally wrote to, I must remind you that your attempts to return letters that are unsigned will fall on deaf ears. There are no guidelines, legislation or case law that confirms your stance and therefore even though you may return unsigned letters, I am treating them as fully received and your actions will be used in any defence I may make as well as within my formal complaint to the Financial Ombudsman Service.

Back to your threats. As a consequence of the content of your letters, I am treating them as Letter's Before Action and I therefore request in accordance with the Pre-Action Protocol Practice Direction 1 6(c) that you provide me with disclosure of the following key documents central to any claim your client may intend making:

1. Credit agreement

2. Deed of Assignment

3. Notice of Assignment

4. Default Notice

5. Termination Notice

6. Statement of Account

I look forward to receiving the documentation requested for both accounts as per the reference numbers at the top of this letter, prior to any claim(s) being received.

Yours faithfully,


Sign Digitally

[Digby]

Re: Digby's ue Diary

Thanks so much for that Niddy, and for the super-quick response.

I'll get that one off right away

[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.
21.1.2016 Letter sent to Restons as advised by Niddy.
12.2.2016 Letter from Restons saying they cannot deal with my letter as it is unsigned. They enclosed a photocopy of the letter I sent to them (requesting all of the docs Niddy suggested and saying there is no legal requirement for letters to be signed etc). They have obviously kept a copy of the letter on file. So, it seems that they are refusing to acknowledge the letter saying I don’t have to provide a signature, because it doesn’t have a signature.

Seems like a bit of an impasse?

[Never-In-Doubt]

Re: Digby's ue Diary

Fine. Let them issue a claim. Really, they cannot behave like this. Can you please scan and send me the letter. I'll run it past solicitor.

[Digby]

Re: Digby's ue Diary

Thank you Niddy, I'll scan and send it later today.

[Digby]

Re: Digby's ue Diary

OK, have emailed that now, thanks Niddy

[Never-In-Doubt]

Re: Digby's ue Diary

OK, have emailed that now, thanks Niddy

thanks. I've sent to solicitor to check because it's likely Restons will issue a claim so I'm waiting to see what Jo suggests.

I think Restons are playing with fire doing this. I'll be notifying the FCA but will email you regards that at a later date

[Never-In-Doubt]

Re: Digby's ue Diary

Can you write back to Restons with a simple one liner saying:


Dear Sirs

Ref 1 & 2

Thanks for your letter dated xx February 2016 the content having been noted.

My letter to you dated 22 January 2016 was indeed signed. Therefore my last request remains outstanding.

Yours faithfully


Sign Digitally (again)

[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.
21.1.2016 Letter sent to Restons as advised by Niddy.
12.2.2016 Letter from Restons saying they cannot deal with my letter as it is unsigned. They enclosed a photocopy of the letter I sent to them (requesting all of the docs Niddy suggested and saying there is no legal requirement for letters to be signed etc). They have obviously kept a copy of the letter on file. So, it seems that they are refusing to acknowledge the letter saying I don’t have to provide a signature, because it doesn’t have a signature.
16.2.2016 Letter from Restons referring to my letter of 14.1.2016 says the doc supplied bt Restons 16.12.2016 was a copy of the one supplied by their client 10.4.2016 and suggests I refer back to these copies.Says legal proceedings will now be issued against me.

Should I still send letter suggested by Niddy 16.2.2016 shown above?

[Never-In-Doubt]

Re: Digby's ue Diary

16.2.2016 Letter from Restons referring to my letter of 14.1.2016 says the doc supplied bt Restons 16.12.2016 was a copy of the one supplied by their client 10.4.2016 and suggests I refer back to these copies.Says legal proceedings will now be issued against me.

Should I still send letter suggested by Niddy 16.2.2016 shown above?

You can do a new CCA Request each month, so long as 30 days have passed. So yes, send my letter as above, technically you're sending that prior to receiving the reply you got today. It just crossed in the post kinda thing.

[Digby]

Re: Digby's ue Diary

Thanks Niddy, have done that now.

[Digby]

Re: Digby's ue Diary

Capital One
Type of account - Credit card
Date commenced - 1998
Approx balance - £10,800
Date last paid – October 2014
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – 28.8.2014 Default Notice
Account owner – Capital One or Cougar Collections, not sure at this time.
History – Capital One from date of agreement but may now be with Cougar Collections.

23.10.2014
Had an automated call this morning, a google search tells me it’s from Cougar Financial Services / CFS which suggests it concerns my Capital One credit card (they are the only company from a total of 12 who haven’t accepted my DMP proposal). We’ve not received any letters from Capital One to say that they’ve passed the debt on to this collection agency but I have to assume that is what they have done. This credit card account was opened prior to 2007 and I intend to send a CCA request using your template with a £1 postal order via recorded delivery. I am wondering should I send it to Capital One or to the Collection Agency or to both? I assume we’ll be receiving a letter from them in the next few days to confirm the debt has been passed over but I’m pretty sure it’s Capital One. I can block any calls from Cougar and I’ll await a letter from them but I’m wondering how things might progress from here.
27.10.2014 Now confirmed as passed to Cougar.
Have today sent request for CCA using your template, recorded and tracked delivery.
12.11.2014 Copy of CCA received from Capital One
14.11.2014 CCA uploaded
21.11.2014 Niddy advised temporarily UE as no PTs, advised to send follow-up letter.
5.12.2014 Letter from Capital One advising passed to Frederickson International followed by call from Fredericksons which I blocked.
19.12.2014 Follow up letter “CCA Query Missing Prescribed Terms” sent to Fredriksons
15.4.2015 Letter from Credit Solutions saying passed to them from Capital One and requesting arrangement for payment.
30.4.2015 Follow up letter “CCA Query Missing Prescribed Terms” sent to Credit Solutions
16.06.2015 Letter from Credit Solutions stating that unless I make contact the account will be referrred back to Capital One. Ignored.
Received a letter from Credit Solutions headed 'Final Notice' and stating that 'if you fail to make contact with us your account will be referred back to our client [and] they may consider selling [it]. Once sold, you will no longer deal with Capital One Bank '.
22.7.2015 Letter from Capital One advising no longer being managed by debt collection agency and now back with Capital One so please make payments to them etc.
14.10.2015 Letter from Cap1 saying account sold to Cabot on 24.9.2015 and all contact should now be with them

14.10.2015 Letter from Cabot inviting me to get in touch, ignored.

21.10.2015 Another letter from Cabot inviting me to get in touch, ignored.
04.11.2015 Letter from Cabot saying they’ll continue to try to contact me. Ignored.
12.11.2015 Sent 'missing prescribed terms' template letter to cabot
10.12.2015 Letter from Cabot dated 02.12.2015 saying that I must contact them within 10 days to prevent legal action occurring.
17.01.2016 Letter from Cabot stating account referred to Restons
21.01.2016 Letter from Restons saying I must pay in full by Feb 1st or they have instruction from Cabot to issue a claim against me, client may be prepared to accept payment by instalments or a reduced settlement figure.
22.01.2016 Letter to Restons as per Niddy's advice above
17.02.2016 Claim issued by Restons

This is just me keeping the diary up to date, have previously uploaded copy of claim to AAD+ legal Claim Portal.