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  • 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.
    16.02.2016Letter sent as per Niddy above #161
    17.02.2016 Claim issued by Restons

    Just updating the diary, have previously uploaded copy of claim to AAD+ Legal Claim Portal
    Last edited by Digby; 25 February 2016, 14:34.

    Comment


    • Re: Digby's ue Diary

      Originally posted by Digby View Post
      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

      . . . .

      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.
      16.02.2016Letter sent as per Niddy above #161
      17.02.2016 Claim issued by Restons

      Just updating the diary, have previously uploaded copy of claim to AAD+ Legal Claim Portal
      Digby's HSBC claim thread can be found here in AAD+ > http://forums.all-about-debt.co.uk/s...l=1#post553864

      Plan B x

      Comment


      • Re: Digby's ue Diary

        Originally posted by Digby View Post
        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.

        . . . .

        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.

        Digby's Cabot claim thread can be found here in AAD+ > http://forums.all-about-debt.co.uk/s...l=1#post553892

        Plan B x

        Comment


        • Re: Digby's ue Diary

          Just a quick update for anyone who may be browsing the diaries - I've spoken on the 'phone with Plan B about my 2 recent claims (#167 & #168 above) and the support and advice I'm receiving from her and others via the forum is just brilliant. The panic has subsided for now and I think I can do this!

          Comment


          • Re: Digby's ue Diary

            Originally posted by Digby View Post
            Just a quick update for anyone who may be browsing the diaries - I've spoken on the 'phone with Plan B about my 2 recent claims (#167 & #168 above) and the support and advice I'm receiving from her and others via the forum is just brilliant. The panic has subsided for now and I think I can do this!
            Great news Digby! You KNOW you can do this, just needed a little support to give you the confidence you need.
            "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

            The consumer is that sleeping giant.!!



            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • Re: Digby's ue Diary

              Having had her own major panic attacks planb is brilliant at explaining and putting everything in to perspective and calming people down!
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • Re: Digby's ue Diary

                Originally posted by cymruambyth View Post
                Having had her own major panic attacks planb is . . . .
                You can say that again

                Plan B x

                Comment


                • Re: Digby's ue Diary

                  Originally posted by Digby View Post
                  Just a quick update for anyone who may be browsing the diaries - I've spoken on the 'phone with Plan B about my 2 recent claims (#167 & #168 above) and the support and advice I'm receiving from her and others via the forum is just brilliant. The panic has subsided for now and I think I can do this!
                  Of course you can Digby! xx
                  Let your smile change the world but don't let the world change your smile


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • Re: Digby's ue Diary

                    Originally posted by Digby View Post
                    and I think I can do this!
                    Of course you can do this


                    Plan B xx

                    Comment


                    • Re: Digby's ue Diary

                      You can double do this xx
                      if you do it today and you like it you can always do it again tomorrow


                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Re: Digby's ue Diary

                        Egg (Barclaycard)


                        Type of account - Credit card
                        Date commenced – Pre-2007 I think, no paper statements so difficult to check
                        Approx balance – 12,200
                        Date last paid – 20.07.2015
                        Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
                        Status
                        – 12.09.2014 Default Notice

                        Account owner – PRA Group
                        History – Egg, Barclaycard


                        02.03.2015
                        Letter received ‘Formal Demand for Payment’, ignored

                        08.09.2015
                        Letter received from Barclaycard advising account has been closed and transferred to PRA Group and that I should make payments to them. Enclosed in the same envelope is a letter from PRA Group advising that the ‘benefits, rights, title and interest in the debt are assigned to us’ and saying that they’ll be in touch. Ignored.

                        14.10 2015
                        Letter from PRA saying a settlement figure may be available, file will show ‘settled’ as opposed to ‘satisfied’ and if contact is not made by 4/11/2015 this opportunity may end.

                        06.11.2015
                        CCA request sent

                        13.11.2015
                        Undated l
                        etters from PRA saying action on hold as they have requested the required info from their client. Enclosed a standard printed form saying what they can and can't do if they are unable to come up with cca, also returned £1 postal order.
                        30.11.2015 ‘CCA’ received from PRA, uploaded, Niddy says UE

                        25.02.2016 Letter from PRA stating they’ve purchased debt from Barclays, I must get in touch within 14 days or they will be forced to undertake further investigations. Ignored

                        17 03 2016
                        Letter from PRA giving notice of PRA’s intention to issue court proceedings

                        LBA received today, have emailed to Niddy for advice as there's a bit I don't understand!

                        Comment


                        • Re: Digby's ue Diary

                          If that letter is from PRA it won't be a LBA.

                          PRA will instruct solicitors (typically Chivers or J&P) who would send you the LBA.

                          If you're worried about this latest letter then contact Jo who's dealing with your claims at the moment

                          Plan B x

                          Comment


                          • Re: Digby's ue Diary

                            I've said similar to planB in my reply to your email, ie ask Jo
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • Re: Digby's ue Diary

                              Originally posted by PlanB View Post
                              If that letter is from PRA it won't be a LBA.

                              PRA will instruct solicitors (typically Chivers or J&P) who would send you the LBA.

                              If you're worried about this latest letter then contact Jo who's dealing with your claims at the moment

                              Plan B x
                              Thanks Plan B and Niddy, I think I'll just ignore it then.

                              They refer to the letter themselves as a "letter before claim", and they say I must respond to it by the end of this month, let's see what happens.

                              Comment


                              • Re: Digby's ue Diary

                                Originally posted by Digby View Post
                                Egg (Barclaycard)


                                Type of account - Credit card
                                Date commenced – Pre-2007 I think, no paper statements so difficult to check
                                Approx balance – 12,200
                                Date last paid – 20.07.2015
                                Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
                                Status
                                – 12.09.2014 Default Notice

                                Account owner – PRA Group
                                History – Egg, Barclaycard

                                17 03 2016 Letter from PRA giving notice of PRA’s intention to issue court proceedings

                                LBA received today

                                Originally posted by PlanB View Post
                                If that letter is from PRA it won't be a LBA.

                                PRA will instruct solicitors (typically Chivers or J&P) who would send you the LBA.
                                I have to eat my words now that I've seen that letter.

                                It is indeed a LBA from PRA and not from one of their chosen solicitors.

                                Maybe this explains why it says you opened an account with Barclays, defaulted on it, and had it assigned to PRA all on the same day last month Perhaps that was three separate typos but it's a LBA so it shouldn't be sloppy.

                                There's time to assess what you should or shouldn't reply with.

                                Can you email the CCA response you got from PRA and their covering letter which came with it. It's been deemed UE (highly likely with an old Barclaycard) but it would be good to see whether there is any potential for them to remedy that if they were to be determined since this would be a Fast Track claim if it went ahead.

                                If you have any DN or NOA from Barclaycard email that too.

                                Plan B x

                                Comment

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