Roger UE Diary

[Never-In-Doubt]

Re: Roger UE Diary

Hi Niddy
I have never myself asked for s.78.
May 2014 Halifax ".. By providing the documents attached to this letter, we have satisfied our obligation our provide a copy of the executed agreement under Section78.."
I will send you copy of this.

No - mate, they cannot be in default of s.78 if you never requested it and paid the fee. You must instigate it so you must send a formal s.78 request for any credit accounts that you have other than those that Jo is dealing with.

It is upon the request being received that gives you rights. Whether they cash the payment or send it back matters little. The fact is you must make a valid request before they can be in breach so if they volunteer a s.78 then it is the same as if you never applied so send one asap.

I don't need to see the old one as it is quite irrelevant and should be ignored for now.

[Roger]

Re: Roger UE Diary

No - mate, they cannot be in default of s.78 if you never requested it and paid the fee. You must instigate it so you must send a formal s.78 request for any credit accounts that you have other than those that Jo is dealing with.

It is upon the request being received that gives you rights. Whether they cash the payment or send it back matters little. The fact is you must make a valid request before they can be in breach so if they volunteer a s.78 then it is the same as if you never applied so send one asap.

I don't need to see the old one as it is quite irrelevant and should be ignored for now.

Right and AAD would want me to do this for All pre 2007 in my Diary using AAD template?

[Never-In-Doubt]

Re: Roger UE Diary

Right and AAD would want me to do this for All pre 2007 in my Diary using AAD template?

Yes otherwise we cannot hit them with s.78 breaches if a claim is issued and it will delay things and could result in a loss.

I would definitely CCA all pre-2007 accounts, yes mate.

Template --> http://forums.all-about-debt.co.uk/s...l=1#post495038

[Never-In-Doubt]

Re: Roger UE Diary

Wescott letter received Intelligent Finance (Halifax)
"We have written to you on several occasions asking you to contact us, however to date we have not received a response. In an attempt to close thios matter our client has agreed we can offer you a discount to settle this account .." ".. We have previously outlined the benefits of contacting us, however should you choose not to our client has instructed us to continue seeking recovery of the full balance"
I presume DON'T reply!
Have added to the Diary entry !

Send Wescott a CCA Request --> http://forums.all-about-debt.co.uk/s...l=1#post495038

[Roger]

Re: Roger UE Diary

Yes otherwise we cannot hit them with s.78 breaches if a claim is issued and it will delay things and could result in a loss.

I would definitely CCA all pre-2007 accounts, yes mate.

Template --> http://forums.all-about-debt.co.uk/s...l=1#post495038

With Halifax in this case or Westcot?
Idiot you have already answered THAT!!!!
Right will do !!

[Never-In-Doubt]

Re: Roger UE Diary

With Halifax in this case or Westcot?

Wescott.

Send Wescott a CCA Request --> http://forums.all-about-debt.co.uk/s...l=1#post495038

They refer to IF as their client hence they must be dealing so they should forward the request to IF - however you want to make Wescott aware of the request so send it to Wescott payable to Wescott (the £1 fee).

[Never-In-Doubt]

Re: Roger UE Diary

Regards other accounts that you have not sent a CCA request to yet, you must send it to the DCA who is writing to you - not to the original creditor. The only exception would be a solicitor firm, you never CCA the solicitor - you CCA their client who will again, be the DCA.

At no point would you CCA the Original Creditor - it'd be way too early - we only send CCA when it's been sold to a DCA as that is when things go missing and mistakes occur.

Make sense? Questions - ask away

[Roger]

Re: Roger UE Diary

Regards other accounts that you have not sent a CCA request to yet, you must send it to the DCA who is writing to you - not to the original creditor. The only exception would be a solicitor firm, you never CCA the solicitor - you CCA their client who will again, be the DCA.

At no point would you CCA the Original Creditor - it'd be way too early - we only send CCA when it's been sold to a DCA as that is when things go missing and mistakes occur.

Make sense? Questions - ask away

Thank you for sharing that Niddy
Right will follow this through but for the moment exclude post 2007 and as you say those where dealing with OS.

[Roger]

Re: Roger UE Diary

Niddy
Intelligent Finance (IF) ARE HALIFAX.
Wescot are acting for HALIFAX. The Account is still with the OC. Should I still send s.78 to Wescot?

I have three others which are now with DCA's where I have never asked myself for s.78 and would therefor be vulnerable!

1/ Sainsbury's DCA is Global Arrow (last letter was from RESTONS acting for Global Arrow they sent s.78 but not requested by me). Nothing since April 2015.

2/ M&S DCA 1st Credit
AAD advice “That letter does not ask you to do anything, so don't. That letter does not threaten you with anything. So wait to see what they say next.”

3/ Debenhams DCA Lowells Last letter from Lowell dated July 2014 “.. I would assure you that the account will be placed on hold,and we will stop all collections activity whilst dealing with your complaint..”

My other one pre - 2007 is Amexco (British Airways Card is AMEXCO ) so still with OC ( NCO Resolve are part of AMEXCO)
Last letter from NCO Resolve dated Dec 2014 “.. rebranding RMA to NCO.. ..you don’t need to do anything at all..”

[Never-In-Doubt]

Re: Roger UE Diary

Yes send to wescott.

As said on email - wait till the others make contact if you prefer but you need a s.78 doing as soon as they do write again.

[Roger]

Re: Roger UE Diary

Yes send to wescott.

As said on email - wait till the others make contact if you prefer but you need a s.78 doing as soon as they do write again.

Enough said and Big Thanks to Niddy!

[Roger]

Re: Roger UE Diary

Intelligent Finance (Halifax)

Recorded Delivery s.78 Request sent today to Wescot with PO. Have receipt for PO with its unique PO ID No!
Also will prepare s.78 Requests for Global Arrow (Sainsbury's) 1st Credit (M&S) Lowell (Debenhams) I have 3 PO's with receipts(with unique PO ID Nos) Good to go when needed!

[Roger]

Re: Roger UE Diary

HSBC Type of account : Personal Loan
DEC 15 Letter from Moorcroft Debt Recovery Limited "Your account details have been passed to us by BANK PLC to act as a collection agent
and we will now be dealing with your account"
Do I ignore this for the moment or send s.77/78?

[Deepie]

Re: Roger UE Diary

HSBC Type of account : Personal Loan
DEC 15 Letter from Moorcroft Debt Recovery Limited "Your account details have been passed to us by BANK PLC to act as a collection agent
and we will now be dealing with your account"
Do I ignore this for the moment or send s.77/78?

I'd see what they send next if it were me .....

[Roger]

Re: Roger UE Diary

I'd see what they send next if it were me .....

Thank you Deepie!
Letter Today from HSBC " confirming Moorcroft "
So we wait!!