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  • Re: My Journey with DMP's CCA's and PPI's

    In my opinion it's time to send the SWID even though Barclaycard haven't fully complied with your CCA request.
    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.

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    • Re: My Journey with DMP's CCA's and PPI's

      Originally posted by Pixie View Post
      In my opinion it's time to send the SWID even though Barclaycard haven't fully complied with your CCA request.
      Thanks Pixie.

      i received a response from barclaycard, but is mentioned my request for an SAR (which I didn't send). The only info they sent was an application form for some other cards and nothing relating to the barclaycard CCA request. I'll post one out today.

      Comment


      • Re: My Journey with DMP's CCA's and PPI's

        Originally posted by JLC View Post
        Thanks Pixie.

        i received a response from barclaycard, but is mentioned my request for an SAR (which I didn't send). The only info they sent was an application form for some other cards and nothing relating to the barclaycard CCA request. I'll post one out today.
        In that case I'd hold fire on the SWID for now as you don't want them getting back to Barclaycard and getting hold of the cca. As it stands it's UE. I'll check with Niddy to be certain.
        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: My Journey with DMP's CCA's and PPI's

          I don't think this one started out as a barclaycard. The application form they sent me was for a Morgan Stanley.

          Comment


          • Re: My Journey with DMP's CCA's and PPI's

            You should be corresponding with whoever is writing to you, doesn't really matter who the OC is in the great scheme of things

            Comment


            • Re: My Journey with DMP's CCA's and PPI's

              Originally posted by MrsD View Post
              You should be corresponding with whoever is writing to you, doesn't really matter who the OC is in the great scheme of things
              i haven't corresponded with them since I sent the CCA request. They replied in response to my SAR request (which I didn't send) which contained a couple of application forms.

              Comment


              • Re: My Journey with DMP's CCA's and PPI's

                Originally posted by JLC View Post
                I don't think this one started out as a barclaycard. The application form they sent me was for a Morgan Stanley.
                If you've had a CCA response; then I'd be inclined to ignore them unless they start legal threats. A SAR doesn't mean anything in respect of s.78.

                They're in default
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                • Re: My Journey with DMP's CCA's and PPI's

                  Originally posted by Never-In-Doubt View Post
                  If you've had a CCA response; then I'd be inclined to ignore them unless they start legal threats. A SAR doesn't mean anything in respect of s.78.

                  They're in default
                  thanks Niddy. I'll wait and see what they do next.

                  Comment


                  • Re: My Journey with DMP's CCA's and PPI's

                    Originally posted by JLC View Post
                    HSBC credit card


                    • Type of account Credit Card
                    • Date commenced (ideally before Apr 2007) Dec 04
                    • Approx balance £5167.36 (I have paid £3845.66)
                    • Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
                    • Are you on arrangement or not paying not paid since Jan 16
                    • Status (default/in arrears/up-to-date) in default since 2011
                    • Account owner (who is writing to you, a DCA or the lender) Moorgate



                    Requested CCA 1st Feb 16 - Response on 8th Feb 16 (date 4th Feb) saying they will get one withing 12 working days. Again letter signed for on the 2nd Feb 2016

                    22/2/16 - letter received dated 19/2/16 from Idem Servicing (though this is a Moorgate debt) relating to this account stating that they are unable to supply a copy of the credit agreement and acknowledge that until they do the agreement cannot be enforced
                    . However, the balance of the account is still outstanding and we will continue to persue this debt which will include registering any arrears and defaults with the CRAs. The balance on your account is £5092.21 remains due and payable and we will continue to contact you to discuss your repayment proposals. You are free to take whatever action you consider appropriate, but we will not be releasing you from any obligation under the agreement. Yours sincerely Ian Folley Case Handler/Conciliator

                    The above letter came from Idem, but this account is supposed to be managed by Moorgate. I think Ian has got himself a bit confused!

                    12/3/16 - letter received from Moorgate dated 9/3/16

                    There is currently no agreed payment arrangement in place for your account. Unless we are able to rectify this within the next seven days, your account will be reviewed for further action, which could result in either:

                    a) Your account being placed with our internal Recoveries Department, or

                    b) Your account being placed with an external debt collection agency for recovery activity.

                    We want to work with you to secure a long term, mutually acceptable payment arrangement, therefore please contact our office on blah blah blah

                    the letter goes on, but its just a load of crap


                    Letter dated 29th March 2016 received from Moorgate stating they have been instructed to make contact with me to agree a solution regarding 'my' outstanding balance.

                    4/5/16 - letter received from Moorgate dated 11 May 2016.
                    We recently wrote to you to advise that your account is being managed within our recoveries department and that it was important for you to make contact with our office. As yet we still have not been able to speak with you to discuss your circumstances and establish an ongoing arrangement for your account. This matter is now urgent. Please contact our office on 0800375797 and our experienced staff will be happy to discuss this with you. Blah blah blah


                    9/6/16 - letter received from Moorgate dated 6th June 2016
                    We are increasingly concerned that we have not been able to speak to you about your account.

                    We are keen to speak to you in order to understand your situation, so that we can place you on the most appropriate payment arrangement.

                    Failure to make contact with us may result in the following;
                    1) a representative may be instructed to visit your property
                    2) your account may be placed with an external DCA

                    Please contact us as a matter of urgency on 0800 375 796 and our experienced team will be happy to help you. blah blah blah


                    27/6/16 - letter received from Moorcroft in response to my CCA request. It's a reconstituted copy of my CCA. It's 46 pages of illegible credit card terms (10 pages taken from a leaflet), important changes to your agreement (16 pages), HSBC bank credit card agreement terms (12 pages - dated 18/4/2011), computer printout and a pre approved credit card form signed by me dated 20/10/2004), another printout with my details on then two statement for May and June 2016 which I have not received.

                    niddy confirmed its
                    .

                    16/7/2016 - letter from Moorgate dated 13 July 2016

                    We have attempted to contact you on a number of occasions to discuss the outstanding balance on your account. Please contact us on 0800 375 797 within seven days of the date of this letter. Our office hours are (blah blah). In the event that we do not receive contact from you we will appoint and external company, fidelite credit management ltd, to visit your property. The purpose of the visit is to regain contact with you so we can discuss your current financial situation and agree and appropriate payment plan, in accordance with your ability to pay. IF you are experiencing any difficulties there are a number of organisations who can help you (blah blah).

                    30/7/16 - letter from Fidelite Credit Management dated 27/7/16. Account been passed to them. If I do not contact moorgate, it may result in a visit. Blah Blah Blah

                    7/10/16 - letter received from Moorgate informing me that I haven't returned an income and expenditure form.

                    7/11/16 - letter from Moorgate received dated 2/11/16. The letter is offering me 25% of the current balance.
                    Letter received. Will file away.

                    Comment


                    • Re: My Journey with DMP's CCA's and PPI's

                      Originally posted by JLC View Post
                      Virgin MBNA

                      • Type of account Credit Card
                      • Date commenced (ideally before Apr 2007) Feb 07
                      • Approx balance £1859.47 (I have paid £1396.38)
                      • Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
                      • Are you on arrangement or not paying not paying since Jan 16
                      • Status (default/in arrears/up-to-date) in default since 2011
                      • Account owner (who is writing to you, a DCA or the lender) Moorgate



                      CCA's on 1st Feb to DCA and PPI to MBNA on same date. No response yet.

                      22/2/16 - response from Moorgate dated 19/2/16. Lots of crappy paperwork. Looking at it, I don't think its enforceable (not sure I should say why on here), but have uploaded it to get it checked in the private area.
                      23/2/16 - Niddy confirms irredeemably as all MBNA Virgin cards pre 04/07 are. Just snuck in with this one! Sit tight and wait for next letter then use missing PT's letter.

                      14/3/16 letter dated 9/3/16 received from Moorgate (pretty much the same as Saturdays ones)

                      There is currently no agreed payment arrangement in place for your account. Unless we are able to rectify this within the next seven days, your account will be reviewed for further action, which could result in either:

                      a) Your account being placed with our internal Recoveries Department, or

                      b) Your account being placed with an external debt collection agency for recovery activity.

                      We want to work with you to secure a long term, mutually acceptable payment arrangement, therefore please contact our office on blah blah blah

                      the letter goes on, but its just a load of crap


                      4/5/16 - letter received from Moorgate dated 11 May 2016.
                      We recently wrote to you to advise that your account is being managed within our recoveries department and that it was important for you to make contact with our office. As yet we still have not been able to speak with you to discuss your circumstances and establish an ongoing arrangement for your account. This matter is now urgent. Please contact our office on 0800375797 and our experienced staff will be happy to discuss this with you. Blah blah blah

                      9/6/16 - letter received from Moorgate dated 6th June 2016
                      We are increasingly concerned that we have not been able to speak to you about your account.

                      We are keen to speak to you in order to understand your situation, so that we can place you on the most appropriate payment arrangement.

                      Failure to make contact with us may result in the following;
                      1) a representative may be instructed to visit your property
                      2) your account may be placed with an external DCA
                      3) our litigation department may instigate court proceedings

                      Please contact us as a matter of urgency on 0800 375 796 and our experienced team will be happy to help you. blah blah blah

                      16/7/2016 - letter from Moorgate dated 13 July 2016

                      We have attempted to contact you on a number of occasions to discuss the outstanding balance on your account. Please contact us on 0800 375 797 within seven days of the date of this letter. Our office hours are (blah blah). In the event that we do not receive contact from you we will appoint and external company, fidelite credit management ltd, to visit your property. The purpose of the visit is to regain contact with you so we can discuss your current financial situation and agree and appropriate payment plan, in accordance with your ability to pay. IF you are experiencing any difficulties there are a number of organisations who can help you (blah blah).

                      30/7/16 - letter from Fidelite Credit Management dated 27/7/16. Account been passed to them. If I do not contact Idem, it may result in a visit. Blah Blah Blah

                      7/10/16 - letter from Moorgate informing me that they still haven't received my income and expenditure form.

                      21/10/17 - letter received from Moorgate telling me they still haven't heard from me.

                      31/10/16 - letter received from moorgate dated 27th October 2016.

                      Despite our numerous attempts to contact you we have not had a response from you or an indication of willingness from you to resolve this matter.
                      Further to our last correspondence we have reviewed your account and determined that further action is necessary. Therefore, we are instructing our litigation department to begin legal proceedings, to obtain a monetary judgement.
                      This course of action could also lead to the following enforcement options being initiated
                      *obtaining and attachment/arrestment of earnings order
                      *obtaining a charging/inhibition order against your property (where you are a homeowner)
                      The litigation department will be in with you in due course to advise you of the next steps. All costs incurred following the commencement of successful litigation action will be payable by you.
                      We can withdraw this instruction if you contact our offices within five days of the date of this letter and make satisfactory arrangements regarding your account.
                      Blah blah blah

                      12/11/16 - letter received from Moorgate dated 9/11/16
                      You were recently issued a letter advising that we will be instructing our litigation department to commence legal proceedings in order to obtain a monetary judgement.

                      upon further review of your account we have decided that this action will not be undertaken at this time, however we would encourage you to contact us to agree an ongoing solution.
                      Post updated. Letter made me giggle!

                      Comment


                      • Re: My Journey with DMP's CCA's and PPI's

                        Rough translation, we tried to scare you but since its an old MBNA/Virgin card and you do not seem scared we will keep chasing but not waste money on court because you would win
                        When you have nothing you have nothing to lose

                        Comment


                        • Re: My Journey with DMP's CCA's and PPI's

                          Originally posted by JLC View Post
                          Barclaycard





                          • Type of account Credit Card
                          • Date commenced (ideally before Apr 2007) 2006
                          • Approx balance £3268.75 (I have paid £2440.78)
                          • Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
                          • Are you on arrangement or not paying - not paid since Jan 16
                          • Status (default/in arrears/up-to-date) in default since 2011
                          • Account owner (who is writing to you, a DCA or the lender) Barclaycard


                          I haven't CCA'd Barclaycard yet. I PPI's them, but have no PPI with them.

                          10/2/16 - CCA request posted.

                          29/3/16 - CCA received, sent to Niddy to look at.

                          Letter received from Barclaycard dated 29/3/16. We have been trying to contact you for several months, but haven't been able to reach a suitable repayment arrangement with you. As your account it still overdue, we need to let you know what will happen if you don't make a payment or get in touch with us. It then goes on about issuing a default notice.

                          Spoke to Plan B today about this account and there are a few discrepancies on both the forms supplied and credit file. Still waiting for Niddy to return, but pretty much look unenforceable. Also missing Conditions.

                          22/4/16 - statement received from barclaycard. £45.60 interest and £12 'other charge' added.

                          11/5/16 - default notice received from barclaycard dated 5 May 2016.

                          23/5/16 - statement received from barclaycard. £42.04 interest added.

                          8/6/16 - letter received from barclaycard dated 2/6/16.

                          A default has been registered on your account - you now need to pay your balance in full (it's basically telling me that my account is with the recoveries team and may be passed to a DCA - it's a side and a half of a page)!

                          15/9/16 - letter received from barclaycard dated 10/9/16. I am writing to notify you that the above account was assigned and transferred by Barclaycard to Hoist Portfolio Holding 2 Limited (HPH2 LTD) on 22/8/16. This means that the effective owners of the above account are now Hoist Portfolio Holding 2 Ltd. HPH2 Ltd has appointed Robinson Way Limited as their servicing agent to manage your account on their behalf. All contact regarding this account should now be directed to Robinson Way. With effect from the date of receipt of this notice all payments due to barclaycard shall be paid to HPH2 Ltd via Robinson Way.

                          16/9/16 - two letters received in the same envelope from HPH2 ltd and Robinson Way

                          28/9/16 - letter from Robinson way dated 22/9/16 offering me four payment options with a weekly payment

                          10/10/16 - letter received from Robinson way.

                          it is important that you get in touch with us to tell us about your situation. If we don't hear from you, we will have to make a decision on what happens next to the balance you owe.

                          options we have to consider are

                          * whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action against you; or
                          * further collection activity, letters and calls

                          We would prefer to agree an affordable arrangement and it's not too late for this.

                          alternatively, our client has confirmed they are willing to accept a single payment of £2,490.63 to clear this balance in one payment

                          please contact us .................blah

                          4/11/16 - letter received from Robinson Way dated 31/10/16

                          Pre-Legal Assessment
                          your account remains unpaid despite previous attempts to contact you.
                          we have assessed your account and established that it meets our initial criteria to be considered for legal action. We now need to understand your individual circumstances to determine the most appropriate action to be taken for your account.
                          The best way for us to understand your circumstances is for you to contact us. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you.

                          what this means for you

                          *Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without further notice.
                          *If your account is transferred to Howard Cohen & Co Solicitors and court action is taken they will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request then the amount you owe will increase.

                          its not too late to agree and affordable payment plan:

                          *if you would rather agree and affordable payment plan directly with us to prevent us considering passing your account to Howard Cohen & Co or if you believe you have a valid dispute relating to this account please call us before 11/11/16.

                          *if you prefer you can deal with your account online ......blah

                          24/11/16 - letter received from Robinson Way dated 19/11/16 - Another Pre Legal Assessment letter the same as the one above giving me until 30/1/16 to contact them.
                          Another pre legal assessment letter received from Robinson Way.

                          Comment


                          • Re: My Journey with DMP's CCA's and PPI's

                            Originally posted by JLC View Post
                            HSBC credit card


                            • Type of account Credit Card
                            • Date commenced (ideally before Apr 2007) Dec 04
                            • Approx balance £5167.36 (I have paid £3845.66)
                            • Date last paid (approximate date you last made a FULL payment) last Full payment made in 2011,
                            • Are you on arrangement or not paying not paid since Jan 16
                            • Status (default/in arrears/up-to-date) in default since 2011
                            • Account owner (who is writing to you, a DCA or the lender) Moorgate



                            Requested CCA 1st Feb 16 - Response on 8th Feb 16 (date 4th Feb) saying they will get one withing 12 working days. Again letter signed for on the 2nd Feb 2016

                            22/2/16 - letter received dated 19/2/16 from Idem Servicing (though this is a Moorgate debt) relating to this account stating that they are unable to supply a copy of the credit agreement and acknowledge that until they do the agreement cannot be enforced
                            . However, the balance of the account is still outstanding and we will continue to persue this debt which will include registering any arrears and defaults with the CRAs. The balance on your account is £5092.21 remains due and payable and we will continue to contact you to discuss your repayment proposals. You are free to take whatever action you consider appropriate, but we will not be releasing you from any obligation under the agreement. Yours sincerely Ian Folley Case Handler/Conciliator

                            The above letter came from Idem, but this account is supposed to be managed by Moorgate. I think Ian has got himself a bit confused!

                            12/3/16 - letter received from Moorgate dated 9/3/16

                            There is currently no agreed payment arrangement in place for your account. Unless we are able to rectify this within the next seven days, your account will be reviewed for further action, which could result in either:

                            a) Your account being placed with our internal Recoveries Department, or

                            b) Your account being placed with an external debt collection agency for recovery activity.

                            We want to work with you to secure a long term, mutually acceptable payment arrangement, therefore please contact our office on blah blah blah

                            the letter goes on, but its just a load of crap


                            Letter dated 29th March 2016 received from Moorgate stating they have been instructed to make contact with me to agree a solution regarding 'my' outstanding balance.

                            4/5/16 - letter received from Moorgate dated 11 May 2016.
                            We recently wrote to you to advise that your account is being managed within our recoveries department and that it was important for you to make contact with our office. As yet we still have not been able to speak with you to discuss your circumstances and establish an ongoing arrangement for your account. This matter is now urgent. Please contact our office on 0800375797 and our experienced staff will be happy to discuss this with you. Blah blah blah


                            9/6/16 - letter received from Moorgate dated 6th June 2016
                            We are increasingly concerned that we have not been able to speak to you about your account.

                            We are keen to speak to you in order to understand your situation, so that we can place you on the most appropriate payment arrangement.

                            Failure to make contact with us may result in the following;
                            1) a representative may be instructed to visit your property
                            2) your account may be placed with an external DCA

                            Please contact us as a matter of urgency on 0800 375 796 and our experienced team will be happy to help you. blah blah blah


                            27/6/16 - letter received from Moorcroft in response to my CCA request. It's a reconstituted copy of my CCA. It's 46 pages of illegible credit card terms (10 pages taken from a leaflet), important changes to your agreement (16 pages), HSBC bank credit card agreement terms (12 pages - dated 18/4/2011), computer printout and a pre approved credit card form signed by me dated 20/10/2004), another printout with my details on then two statement for May and June 2016 which I have not received.

                            niddy confirmed its
                            .

                            16/7/2016 - letter from Moorgate dated 13 July 2016

                            We have attempted to contact you on a number of occasions to discuss the outstanding balance on your account. Please contact us on 0800 375 797 within seven days of the date of this letter. Our office hours are (blah blah). In the event that we do not receive contact from you we will appoint and external company, fidelite credit management ltd, to visit your property. The purpose of the visit is to regain contact with you so we can discuss your current financial situation and agree and appropriate payment plan, in accordance with your ability to pay. IF you are experiencing any difficulties there are a number of organisations who can help you (blah blah).

                            30/7/16 - letter from Fidelite Credit Management dated 27/7/16. Account been passed to them. If I do not contact moorgate, it may result in a visit. Blah Blah Blah

                            7/10/16 - letter received from Moorgate informing me that I haven't returned an income and expenditure form.

                            7/11/16 - letter from Moorgate received dated 2/11/16. The letter is offering me 25% of the current balance.

                            28/11/16 - letter from Idem Servicing dated 22/11/16 informing me my account has been sold to Cabot Credit Management Group

                            Post update. How can Idem Servicing sell my account when it's owned by moorcroft? I know they are the same company, but isnt this a bit of a cock up? Should I send a SWID letter or wait and see what comes next?

                            Comment


                            • Re: My Journey with DMP's CCA's and PPI's

                              Looks like idem are moving accounts on as I got same one today

                              Comment


                              • Re: My Journey with DMP's CCA's and PPI's

                                wait and see, just wait and see, the norm is a cockup for these guys

                                Comment

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