Digby's ue Diary

[MrsD]

Re: Digby's ue Diary

I'd wait and see what comes next, at the moment, that's a load of old tosh and they know it.

[Pixie]

Re: Digby's ue Diary

I must admit I hadn’t had the time to read through that info before but I can now see the relevance of the 2007 changes. Having checked unfortunately it is correct that this account was from 2009 but on the plus side I think it’s probably the only one I have that is post 2007. I understand that each case needs to be looked at individually and I'm now wondering what kind of thing to look for on the "agreement" they've sent.

Upload the CCA they've sent here for Niddy to check. He's very busy at the moment so give him a couple of weeks. There's no rush with the UE journey but if they send anything else in the meantime then let us know. As the agreement is post 2007 you'll have to "blag" it and act as if it's pre 2007.

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 – Reduced payment under arranged dmp
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”.

Are you still apying this under the DMP? If so, I would suggest that you stop. You can upload the CCA as above but if you're certain it's just an application form then you'd need to send the "Application Form Received" template which you'll find in this section To access these templates you now need to join AAD+, see here and here

[Digby]

Re: Digby's ue Diary

Thank you so much, I’ll upload the Asda one and double check that the HSBC one is an application form. All payments for these have now been stopped. I’m incredibly grateful for your help with all of this, it’s so reassuring to be able to come on here and get such quick responses when you’re not sure which direction to take.

[Digby]

Re: Digby's ue Diary

Have uploaded both the Asda and HSBC 'agreements'.

Also happy to have joined up as a fully-fledged AAD+ member!

[Never-In-Doubt]

Re: Digby's ue Diary

Have replied to upload section.....

Asda - enforceable (sorry)
Marbles - unenforceable as it's a blank application form!

[Digby]

Re: Digby's ue Diary

Good news on the HSBC/Marbles, thanks for that.

I've decided to try for a F&F settlement on the Asda, I've come across two template letters here on the site and I'm unsure which to use? The account is with a DCA.

[Pixie]

Re: Digby's ue Diary

Hi Digby, I would use the one here. You can tweak it to suit your personal situation.

[Never-In-Doubt]

Re: Digby's ue Diary

Good news on the HSBC/Marbles, thanks for that.

I've decided to try for a F&F settlement on the Asda, I've come across two template letters here on the site and I'm unsure which to use? The account is with a DCA.

How much do you owe and how much can you afford? Who is the DCA? When did you last pay into the account?

The above will help....

[Digby]

Re: Digby's ue Diary

My balance is £2,300 and the DCA is Lowell. I last paid into the account a £3 dmp payment in January when it was with Niceday and since then they've sold it on and we haven't paid any more. I was thinking of offering 10%.


My other half, Mr Digby, also has £2,200 with Lowell (Asda/Niceday again) and although we haven’t uploaded Mr Digby’s cca it is from almost exactly the same time (i.e. 2009) and appears pretty much exactly the same as mine, which you kindly looked at this week, and so I’m reasonanly sure it will also not be ue.

These are probably the only ones we have post 2007 which is why we are looking at settlement as an option.

Do you think Mr Digby should start a new diary (as there are going to be others to add soon) or just keep his as part of my diary?
Thanks for all of your help.

[Digby]

Re: Digby's ue Diary

Would consider blagging it though. What's a good starting blag?

[Pixie]

Re: Digby's ue Diary

Do you think Mr Digby should start a new diary (as there are going to be others to add soon) or just keep his as part of my diary?
Thanks for all of your help.

I think it would be easier if you start a new diary, especially as there are debts with the same creditors though others have incorprated OH's debts into their diaries.

Would consider blagging it though. What's a good starting blag?

If you're going to blag you treat it as if it were UE so sending the Missing Prescribed Terms template is a good start. You'll find it here in Section2.

[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

[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 – stopped paying March 2015
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 withno 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”.

I uploaded the documents for Niddy to view and he says it is just a blank application form and has advised that I send ‘missing prescribed terms letter’ in response, should I do that now or wait to hear from them first to help use up a bit more time?

[Never-In-Doubt]

Re: Digby's ue Diary

Hi

Any reason you tried to re-register?

** The duplicate account is now deleted.

[Never-In-Doubt]

Re: Digby's ue Diary

I uploaded the documents for Niddy to view and he says it is just a blank application form and has advised that I send ‘missing prescribed terms letter’ in response, should I do that now or wait to hear from them first to help use up a bit more time?

Wait till whoever next writes to you