Digby's ue Diary

[Digby]

Re: Digby's ue Diary

Ok, having given this quite a bit of thought this is what I’m thinking of doing;


Write with an offer of £1 pm and advise that I am fully confident that with my level of debt and virtually no income I believe taking me to court will not result in a higher amount being awarded, (this is actually all I could realistically pay).

Then tweak your ‘settlement offer’ template and attach it offering 10% settlement (paid by a relative) as an alternative and see what happens. I guess there is a possibility they will reject either idea but as I said there is nothing much in the pot anyway so it seems worth a try.

What d’you think?

[Never-In-Doubt]

Re: Digby's ue Diary

Go for it. Good idea - nothing to lose

[PlanB]

Re: Digby's ue Diary

26.10.2015 Letter from Lowell's saying now passed to "Lowells Solicitors" (in house I guess) and all correspondence should now be to them. Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting" saying they have been instructed by Lowell's and I must contact them to make arrangements to pay or advise of a valid reason for withholding payment. Said could pay by instalments and will not be asked to pay more than I can afford.

30.10.2015 Lowells Solicitors "letter of claim" (think it might be an lba?) dated 28.10.2015 giving 14 days to pay or court action.

They've asked you to make them an offer so why not make them an offer

I would do it sooner rather than later since the LBA has given you 14 days notice of their intention to issue proceedings which expires on 11th November (i.e. next week).

If you don't get a rapid response from them to your offer then you will need to reply to that LBA within the deadline.

Plan B x

[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 – 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”.
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."

[Deepie]

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 – 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”.
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."

If it were me I'd let Restons know the account is in dispute .... as they may not know ....

[PlanB]

Re: Digby's ue Diary

Marbles/Beneficial/HSBC
Type of account - Credit card
Date commenced – March 2003
Approx balance - £6,800

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.

I agree with Deepie, send the SWID template letter asap.

Could that Restons' letter be a formal LBA? Would you like to email a copy of it to me using planb@all-about-debt.co.uk and Niddy using webmaster@all-about-debt.co.uk. Don't blank anything out.

Restons can be hasty to issue proceedings so let's head this off at the pass.

Send the SWID letter now, and if that doesn't work you may need to send another letter after that.

You needn't overworry since this debt is currently unenforceable.

Plan B x

[Digby]

Re: Digby's ue Diary

Thanks Deepie and Plan B. Will get the swid off tomorrow and email the letter as soon as poss for you to have a look at. I don't think they do know it's in dispute as I never actually responded to hsbc regaring the blank app they sent claiming to be a cca.

[PlanB]

Re: Digby's ue Diary

Will get the swid off tomorrow . . .. I don't think they do know it's in dispute as I never actually responded to hsbc regarding the blank app they sent claiming to be a cca.

Ah, I see. If you didn't tell HSBC that they'd sent you rubbish purporting to be a CCA in response to your s.78 request in April then they, and therefore Restons, could be forgiven for not knowing that since they're not psychic.

You would normally be told to send the MPT template but that somehow didn't happen. Or did it?

Your SWID letter to Restons won't make much sense to them if you've not raised a dispute with HSBC.

Let me see if someone can pop in and suggest how to tidy this situation up for you.

Plan B x

[Never-In-Doubt]

Re: Digby's ue Diary

What I'd be doing is NOT sending a SWID template as Restons don't actually know it is in dispute, but for the same respect you don't want to tell them what is wrong.

I would therefore send a response like this to Restons.....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx and have noted the content within.

Around February 2015 I sent a formal CCA Request in line with s.78 to HSBC and to date they have not fulfilled their obligations and until such time they do, this account remains in dispute. As you know, whilst the account is in dispute (pertaining to s.78 queries) you are forbidden from trying to enforce the agreement and any such attempt to do so will result in a claim for costs being made, due to your unreasonable behaviour.

I suggest that you therefore speak to your client and request that they comply with my outstanding request from February 2015.

Yours faithfully,


Sign Digitally

[Never-In-Doubt]

Re: Digby's ue Diary

Ah, I see. If you didn't tell HSBC that they'd sent you rubbish purporting to be a CCA in response to your s.78 request in April then they, and therefore Restons, could be forgiven for not knowing that since they're not psychic.

But they are both in breach because these errors should be established long before any threat of legal action is made. It isn't for a debtor to tell a creditor that they're in default / in breach - it is for the creditor to understand their own regulated policies and do things right so in the grand scheme of things the OP would not be judged (if it went to court) based on the fact he chose to ignore everything since April; as the OC have not sent suitable documents and thus remain in default of the original s.78 request.

It depends which side of the fence you sit - some prefer to be cautious whilst others prefer to to be gobby - either way, neither is wrong and neither is right - it's just personal preference. If ot was me I'd ignore Restons - but it isn't so I won't suggest others do it, but I wouldn't even waste a stamp if it was me (i'm clearly the gobby side of the fence)

[PlanB]

Re: Digby's ue Diary

It depends which side of the fence you sit - some prefer to be cautious whilst others prefer to to be gobby - either way, neither is wrong and neither is right - it's just personal preference. If ot was me I'd ignore Restons - but it isn't so I won't suggest others do it, but I wouldn't even waste a stamp if it was me (i'm clearly the gobby side of the fence)

I can be gobby too (as you know ) but I also know that Restons will issue legal proceedings against the OP if ignored so being my natural gobby self isn't an option when it impacts on someone else's life.

Maybe I'm cautious because I haven't seen the recon that HSBC have sent in response to his CCA request and/or whether they'll be able to come up with a better version in future.

So that makes me on both sides of the fence

Plan B x

[Never-In-Doubt]

Re: Digby's ue Diary

Oh I agree. Totally.

The recon was a blank form with HSBC staff handwriting (aka fraud - not a recon)!

[Digby]

Re: Digby's ue Diary

I agree with Deepie, send the SWID template letter asap.

Could that Restons' letter be a formal LBA? Would you like to email a copy of it to me using planb@all-about-debt.co.uk and Niddy using webmaster@all-about-debt.co.uk. Don't blank anything out.

Restons can be hasty to issue proceedings so let's head this off at the pass.

Send the SWID letter now, and if that doesn't work you may need to send another letter after that.

You needn't overworry since this debt is currently unenforceable.

Plan B x

Have emailed, thank you

[Never-In-Doubt]

Re: Digby's ue Diary

In the meantime send this to cover your ass

What I'd be doing is NOT sending a SWID template as Restons don't actually know it is in dispute, but for the same respect you don't want to tell them what is wrong.

I would therefore send a response like this to Restons.....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx and have noted the content within.

Around February 2015 I sent a formal CCA Request in line with s.78 to HSBC and to date they have not fulfilled their obligations and until such time they do, this account remains in dispute. As you know, whilst the account is in dispute (pertaining to s.78 queries) you are forbidden from trying to enforce the agreement and any such attempt to do so will result in a claim for costs being made, due to your unreasonable behaviour.

I suggest that you therefore speak to your client and request that they comply with my outstanding request from February 2015.

Yours faithfully,


Sign Digitally

[Digby]

Re: Digby's ue Diary

In the meantime send this to cover your ass

Thank you, yes, will do.