Digby's ue Diary

[Never-In-Doubt]

Re: Digby's ue Diary

They may write back saying sign or they won't answer you then issue a claim. They did that recently to a member here - slickfm.

Link -> http://forums.all-about-debt.co.uk/s...l=1#post530884

Restons play dirty but don't worry - we're too good to let them play dirty with our members. If they issue a claim let us know immediately so we can get you speaking to our solicitor.

Good luck

[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 Niddy letter as 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.

[Deepie]

Re: Digby's ue Diary

Hopefully it will be on hold for a very long time ......

[Digby]

Re: Digby's ue Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200
Date last paid – 19/01/2015
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – Default Notice 30.9.2014
Account owner – Lowell
History – Asda, then Santander, then Niceday
5.6.2014 Niceday agreed payment plan.
15.1.2015 Niceday advised sold to Lowell’s
10.2.2015 CCA request sent
19/02/2015 Letter from Lowell’s advising they may not be able to get documents within 12 days as requested.
3.3.2015 Letter from Lowell’s advising Newday “still trying to retrieve it from their archives” and account has been put on hold until they receive further info from Newday.
27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised not ue
30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%
16.6.2015Sent 'missing prescribed terms' letter
19.6.2015 Letter from Lowell's stating that Newday have supplied them with a true copy of the credit agreement and although the copy credit agreement supplied did not include my signature they feel it satisfies their obligation. Also says that Newday would not have allowed credit facility to be opened or utilised without a signed application so say it satisfies their obligations under the consumer credit cat 1974. Asks me to contact within 30 days with payment proposals.
20.7.2015 Letter from Lowell's inviting me to get in touch. Ignored.
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.
4.11.2015 Sent template letter to Lowell's solicitors offering £1 per month or £200 F&F.
27.11 2015 Claim form received from County Court Business Centre.

[PlanB]

Re: Digby's ue Diary

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200

27.11 2015 Claim form received from County Court Business Centre.

I'm sorry to see this but don't worry we'll do what we can to help you.

Can you email me the claim form (N1) using planb@all-about-debt.co.uk with a copy to Niddy using webmaster@all-about-debt.co.uk. Don't blank anything out, it's a perfectly secure email address.

I see you say the account was opened "around 2007". Can you check that asap because it may be pivotal to the way this claim progresses.

If you've previously sent a CCA request can you email that too. Don't send a new one unless we tell you to.

What is the date on the claim form?

Please will you start a new thread in the Legal Claim section here > http://forums.all-about-debt.co.uk/s...l=1#post461134

Plan B x

[Digby]

Re: Digby's ue Diary

I see you say the account was opened "around 2007". Can you check that asap because it may be pivotal to the way this claim progresses.

If you've previously sent a CCA request can you email that too. Don't send a new one unless we tell you to.

What is the date on the claim form?


Plan B x

I've emailed the claim form, I've previously uploaded the CCA, would you like me to email that too?

The account was opened Spring 2009, I'm almost certain via online bit I can't be 100% on that.

Date on the claim form is 25th November.

Thanks for your help and reassurance, much appreciated as I quietly panic!

[PlanB]

Re: Digby's ue Diary

I've emailed the claim form, I've previously uploaded the CCA, would you like me to email that too?

Date on the claim form is 25th November.

Yes, please email me the CCA response you got with the covering letter if possible i.e. not just the agreement.

I've received your claim form.

Now there are some things to do.

Go to MCOL and file your Acknowledgement of Service stating you intend to Defend all of the claim.

Send a CPR 31.14 request to Lowells Solicitors. The letter requires you to input the date the Defence is due so enter 33 days from 25th November which was the issue date --> CLICK TO DOWNLOAD TEMPLATE

Plan B x

[PlanB]

Re: Digby's ue Diary

Digby's new claim thread is here > http://forums.all-about-debt.co.uk/s...l=1#post539504

Plan B x

[Digby]

Re: Digby's ue Diary

MBNA
Type of account - Credit card
Date commenced – Pre 2007 will need to check
Approx balance - £500
Date last paid – 18.2.2015
Are you on arrangement or not paying – Was making reduced payment to MBNA but have now stopped
Status – 1.10.2014 Default Notice
Account owner – Link
History – MBNA

16.2.2015 Letter received from Link advising sold to them
16.2.2015 CCA request sent
21.2.2015 Letter from Link suggesting may take up to 30 days to provide cca.
24.6.2015 Copy of CCA received, uploaded for Niddy to view
17.7.2015 Letter from Link "Please call us, ignoring this notice will not make it go away" and would like to discuss options for payment.
17.7.2015 Niddy advised PT's are not present nor are they legible
22.7.2015 Letter from Link advising as have been unable to reach an agreement with me they will accept £5.00 per month by direct debit.
29.7.2015 Sent missing prescribed terms letter to link.
4.12.2015 Letter from Link saying their previous documentation fulfilled obligation under section 77/78 and also included an executed agreement.
Niddy confirmed this one is ue and I have already sent the missing prescribed terms letter. Should I send it again, or something diffent this time?
Don't know why I'm so popular this month, any help greatly appreciated

[nightwatch]

Re: Digby's ue Diary

Hi Digby, you are popular because it's December. all the DCA's put pressure on at Christmas ,as they must get a bonus for any one they can get to pay up.
I would wait and see what comes next,
Hubby has one with link that had been quiet for ages, then this year they sent a letter in Jan, then nothing till yesterday, I have filed it away and will see what comes next

Nightwatch xx

[Digby]

Re: Digby's ue Diary

Barclaycard


Type of account - Credit card
Date commenced – Pre-2007

Approx balance – 8000

Date last paid – 20.07.2015
Are you on arrangement or not paying – Was making reduced payment to Barclaycard but have now stopped
Status – 14.09.2014 Default Notice
Account owner – PRA Group
History –Barclaycard


13.03.2015 Letter received ‘Formal Demand for Payment’, ignored

04.09.2015 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 stating that a ‘reduced settlement figure’ may be available, ‘...if contact is not made by 04/11/2015 this opportunity may end.’

06.11.2015 CCA request sent

13.11.2015 Letters 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 Letter from PRA saying documentation enclosed and awaiting more.

02.12.2015 Letter from PRA saying documents enclosed as requested.

Have uploaded 'CCA' for Niddy to view please.

Many Thanks.

[Digby]

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 letters 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

Have uploaded CCA for assessment please.

Many Thanks

[Never-In-Doubt]

Re: Digby's ue Diary

Have uploaded CCA for assessment please.

Please can you email me a pdf of it - as I'm on my phone and it's tiny in the upload section here

[Digby]

Re: Digby's ue Diary

Please can you email me a pdf of it - as I'm on my phone and it's tiny in the upload section here

Have done that now

[Digby]

Re: Digby's ue Diary

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.

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