Start of my diary

[nightwatch]

Re: Start of my diary

it's in AAD+ templates

[Strepsi]

Re: Start of my diary

Does it have a heading or in a particular section as I am struggling to find it.

[nanna58]

Re: Start of my diary

In AAD+ I'll have a look.

Section 3 requests to comply x

[Strepsi]

Re: Start of my diary

In AAD+ I'll have a look.

Section 3 requests to comply x

Found it! Thanks

[nanna58]

Re: Start of my diary

No problem good luckx

[Strepsi]

Re: Start of my diary

No problem good luckx

Unless I have missed something in this thread, what is the purpose of send a SWID?

Cheers

[nightwatch]

Re: Start of my diary

you send it to baffle and bewilder, they don't know what you have received, so they have to second guess. xx
it buys you time xx

[Never-In-Doubt]

Re: Start of my diary

Unless I have missed something in this thread, what is the purpose of send a SWID?

Cheers

Because by just ignoring them they *could* start proceedings. However, under the Act (CCA1974) if they're in default of a valid & lawful s.77-79 request (ie you paid the £1 statutory fee whilst making a formal request) the Judge is not entitled by the Act to enforce the agreement so by sending the AAD version of Sold in Dispute / Missing PT's templates, you're informing the current owner / new owner (DCA) that there's a problem, that they're in default & best - that whilst they remain in default you consider the agreement unenforceable.

What you aren't doing is telling them what is wrong, so they remedy the breach and fulfil the request bringing it out of a default position. Never give up your ace card if you have one. If you're blagging it for SB then sit tight, the more it moves around the more risk of things going missing.

In essence this paper trail would assist you if a claim were to be issued.

[Never-In-Doubt]

Re: CCA Reply received Bank of Scotland

Well done!
I surmise you sent Niddy that copy of credit agreement received in May and that He said was Enforceable. However what matters here is that outstanding S.78 sent to CSL!

CSL Letter of 4th October confirms £1 fee and that they received your s.78 request.
That letter is very important because it means you have an outstanding s.78 request and whilst this is outstanding that Debt is UE.

PRA have therefor brought a Debt with an outstanding s.78 request!!
PRA are litigatious and could I suspect easily produce an Enforceable Agreement (if they knew there was a s.78 outstanding) SO DON'T TELL THEM.

Hence sending a SWID (Sold Whilst In Dispute) letter to PRA. This should keep them and BoS busy for some time!

Others may have other suggestions.

EXACTLY

[Strepsi]

Re: Start of my diary

Received from Cabot Financial.

Original Creditor - Next Mail Order/ Current Creditor Cabot Financial UK Ltd.

Outstanding Balance 4036.51 Dated 6th April 2017

Dear Mrs,

At the moment we don't have any payments being received on your account or a commitment to a repayment plan.

As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action.

You need to contact us within 28 days so we can prevent this from happening.

We can help you avoid this

There are a number of flexible solutions that you can choose from such as:

We can help you work out a budget etc etc...

I have been advised from Niddy that this is UE as NEXT weren't able to find agreement and we're unable to determine when it was opened.

Do I send SWID?
Cheers

[Roger]

Re: Start of my diary

Originally Posted by Strepsi
My debtor's:
Mbna (Link) 19/07/2013 2497
Tesco 19/07/2013 4488
Sainsbury Westcot 11/09/2013 2735
Creation 2/12/2013 4630
Santander 15/01/21014 451
Natwest 22/8/2013 4418
B of S 29/10/2013 1128
Hsbc Flexi loan 31/05/2006 4863
B Card 7/09/2004 7166
Halifax 05/11/2008 5118
Tsb 09/06/2005 4146
Barclay Partner 23/12/2013 1077
Creation consumer finance 29/11/2013 854
Santander 09/05/2008 743
Hsbc 21/09/1998 1831
Hsbc 11/6/2007 977



Originally Posted by Strepsi This part of the diary includes my wife's

Halifax O/D - 7/9/2004 - £2040
Halifax CC 1/11/2013 - £2369
Tesco CC 17/10/2013 - £4315
Natwest CC 18/9/2013 - £4386
MBNA CC 6/9/2005 - £3216 Appears to be owned by Arrow - but receive letter from Capquest (Letter CCA sent 2nd Feb, nothing back yet)
Ikiano Loan 5/8/2013 - £2232

B'Card 14/11/2013 - £4990 UE according to Niddy
Next Direct 6/5/2008 - £4427 UE according to Niddy

You need to make a separate post for each one of these debts. I'm afraid that's going to mean 25 separate posts but that's the only way we can help you effectively

If you simply make random posts when you get a letter without us knowing the history which has gone before, there's room for error.

Use this format for each debt:

Type of account (credit card/loan)
Date commenced (ideally before April 2007)
Approx balance
Date last paid (approximate date you last made a FULL payment)
Are you on arrangement or not paying
Status (default/in arrears/up-to-date)
Account owner (who is writing to you, a DCA or the lender)

Received from Cabot Financial.

Original Creditor - Next Mail Order/ Current Creditor Cabot Financial UK Ltd.
Outstanding Balance 4036.51 Dated 6th April 2017
Dear Mrs,
At the moment we don't have any payments being received on your account or a commitment to a repayment plan.
As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action.
You need to contact us within 28 days so we can prevent this from happening.
We can help you avoid this
There are a number of flexible solutions that you can choose from such as:
We can help you work out a budget etc etc...

I have been advised from Niddy that this is UE as NEXT weren't able to find agreement and we're unable to determine when it was opened.

Do I send SWID?
Cheers

Cabot's have given you 28 days so there isn't an immediate need to respond. They are however considering legal action

But here is the problem as already pointed out by Plan B "..If you simply make random posts when you get a letter without us knowing the history which has gone before, there's room for error. .."
We need you to provide a more detailed history here.
Because we do not want any errors do we?

[Susie]

Re: Start of my diary

Strepsi, what you need to do to make everything clear, is to do a separate post for each debt. So for the one you have said about above you would have a post saying

• Type of account (Next Maill order)
• Date commenced (2008)
• Approx balance £4400
• Date last paid (22/06/2012)
• Are you on arrangement or not paying?
• Status (defaulted/not defaulted, )
• Account owner (Cabot)

dd/mm/yy CCA request sent
dd/mm/yy CCA received and sent to Niddy
dd/mm/yy Niddy sayes UE
15/04/17 Letter from Cabot etc etc etc



Then you would edit the post to type underneath it the date and what letter was received or sent on that date, and quote it (click on reply with quote) That way people can easily see the history for each individual debt and can give better ideas as to what the next step would be

[Strepsi]

Re: Start of my diary

Next Original Lender Cabot Financial Uk Ltd Current Creditor.

Only just now sorted through all my letter...please put up with me, will get there!

I will get on top within the next week or so, lots of debtor's!

First letter (that I can find) dated 29th Jan 2017.

Dear Mrs

We would like to help you clear your account.

Your balance of £4036.51 still needs to be paid. We have lots of options available such as:

Pay in full and clear this account!
Offer a lump sum to clear your account.
Set up a personal payment plan.

Your Credit File can affect your future.

This account may be appearing on your credit file. Having an unpaid default on your credit file could affect your ability to get credit in the future...

When you've repaid your account we will update your credit file to reflect this.

[Strepsi]

Re: Start of my diary

Next Original Lender Cabot Financial Uk Ltd Current Creditor.

Only just now sorted through all my letter...please put up with me, will get there!

I will get on top within the next week or so, lots of debtor's!

First letter (that I can find) dated 29th Jan 2017.

Dear Mrs

We would like to help you clear your account.

Your balance of £4036.51 still needs to be paid. We have lots of options available such as:

Pay in full and clear this account!
Offer a lump sum to clear your account.
Set up a personal payment plan.

Your Credit File can affect your future.

This account may be appearing on your credit file. Having an unpaid default on your credit file could affect your ability to get credit in the future...

When you've repaid your account we will update your credit file to reflect this.

Next and Cabot 7th March 2017

Redeem your voucher!
We would like to give you the opportunity to clear your balance with a discount.

Save £1614 on your account and pay £2421.91. With a one off payment or a few payments you could be free of your account.

Once you have paid off your account we will send you a letter to let you know your account is closed.

Limited time offer - 21 days to call!

Get in touch within 21 days to talk to one of our customer consultants about the best way this offer can work for you.

When you call,please quote the reference number shown in your voucher at the bottom of this letter.

If this offer is not right for you at this time,we can talk to you about one of our personal payment plans.

We look forward to hearing from you!

[Strepsi]

Re: Start of my diary

Next and Cabot

Redeem your voucher!
We would like to give you the opportunity to clear your balance with a discount.

Save £1614 on your account and pay £2421.91. With a one off payment or a few payments you could be free of your account.

Once you have paid off your account we will send you a letter to let you know your account is closed.

Limited time offer - 21 days to call!

Get in touch within 21 days to talk to one of our customer consultants about the best way this offer can work for you.

When you call,please quote the reference number shown in your voucher at the bottom of this letter.

If this offer is not right for you at this time,we can talk to you about one of our personal payment plans.

We look forward to hearing from you!

Original Creditor - Next Mail Order/ Current Creditor Cabot Financial UK Ltd.

Outstanding Balance 4036.51 Dated 6th April 2017

Dear Mrs,

At the moment we don't have any payments being received on your account or a commitment to a repayment plan.

As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action.

You need to contact us within 28 days so we can prevent this from happening.

We can help you avoid this

There are a number of flexible solutions that you can choose from such as:

We can help you work out a budget etc etc...

I have been advised from Niddy that this is UE as NEXT weren't able to find agreement and we're unable to determine when it was opened.

Do I send SWID?

Cheers stress this account is in default and was originally passed to Debt Managers (Services) Ltd a CCA request was sent and received back from Next, Niddy has confirmed that it is UE.

I do remember receiving some correspondence regarding transferring the debt but can't seem to find that at present!