enoughisenough's UE Diary

[enoughisenough]

THE LATEST...

1. Natwest 1 - Loan £3500 - this one was originally a business loan account, however a few years ago we couldn't pay it and they changed it into a joint personal loan... can't remember having signed anything for this, although it's probably post 2007 anyway! Last paid in July - letter sent asking them to accept £1.
17/08/10 - Didn't send CCA Request yet - not sure about this account - have to deal directly with the Business Centre for the Loan, although they call it a Personal Term Loan.
13/06/11 - Finally seems to have been passed to DCA - Wescot. Received final notice letter today.
08/08/11 - Sent CCA Request via Wescot
22/03/12 - Sent DSAR again

2. Natwest 2 - credit card - £2100 - taken out in about 2003 i think. Last paid in July - letter sent asking them to accept £1.
17/08/10 - CCA Request Sent
23/08/10 - Received Default Notice
11/09/10 - Received copy agreement from them
14/09/10 - Sent CCA Query Copy Document Sent Letter
16/12/10 - Received letter from Triton - taken over the account asking me to pay or call
20/01/11 - Sent letter - threat by lender/dca to commence litigation
27/01/11 - Letter received from Green and Co Solicitors saying we have one final opportunity to pay and 7 days before they will probably commence court proceedings.
28/01/11 - Letter received from Triton - acknowledgement of letter dated 14th September 2010! Passed letter to NatWest who will be in touch.
01/02/11 - Sent letter threat by lender to commence litigation to Green and Co.
21/02/11 - Received letter from green and co saying they've referred it back to Triton.
17/03/11 - Received letter from MoorCroft saying pay up or court proceedings in 7 days.
18/03/11 - Sent letter to MoorCroft - threat by lender/dca to commence litigation
28/03/11 - Received letter saying they're looking into it and account on hold
21/05/11 - Received letter saying possible litigation.
21/07/11 - Had a few of these letters, sent back the threat by lender/dca to commence litigation letter... again.

3. Cahoot 1 - Loan - now with Apex - £5200 - started in about 2002
17/08/10 - CCA Request Sent
20/08/10 - Received letter stating they will contact abbey and account is on hold
04/11/10 - Received letter stating that the account is UE and outlining what they are and are not allowed to do
01/04/11 - Received a CCA! After they didn't have one...
11/04/11 - Send letter CCA Query - Missing Prescribed Terms
18/04/11 - Received letter from Apex saying they are disappointed - mentioning National Australia Group/Yorkshire Bank... erm no!

4. HFC Bank Credit Card - now with Robinson Way - £6200 - started in about 2002
17/08/10 - CCA Request Sent
21/08/10 - Received Blank CCA
23/08/10 - Received letter stating they are requesting copy of agreement/statement dated same day as blank cca letter.
02/10/10 - Received letter asking me to call
21/10/10 - Received Formal notice of intended court action
26/10/10 - Sent threat-o-gram received letter
04/11/10 - Received letter stating they are satisfied that the documentation (eh?) they have sent is sufficient to demonstrate my liability... account on hold for 4 weeks
17/12/10 - Received letter - appointment for home visit
18/12/10 - Sent letter - threat of home visit
21/01/11 - Received letter - threat of litigation... again - first one on 21/10/10
21/01/11 - Sent letter - threat of lender/dca to commence litigation
10/02/11 - Received letter from solicitors saying that they haven't got an agreement. UE!!!
11/03/11 - Received letter from solicitors saying that they may start proceedings...
15/03/11 - Sent letter CCA Query - letter previously confirming no CCA
29/03/11 - Received letter saying that they are entitled to pursue the debt even if UE

5. HSBC 1 - Overdraft/Loan/MIX? - now with CL Finance - £713 - started in about 1998
17/08/10 - CCA Request Sent
26/08/10 - Received letter stating they are trying to obtain a cca
03/02/11 - Received letter confirming these are 2 overdrafts amalgamated into 1 - enforceable
03/03/11 - sent letter offering a F&F
03/03/11 - Received letter from solicitors - notice of pending legal action
Now into negotiations of F&F...
18/06/11 - Received letter from solicitors - pay within 7 days or else

6. Egg 1 - Loan - now with Wescot Credit Services - £9000 - started in about 2002
17/08/10 - CCA Request Sent

Proof of delivery obtained - therefore they are in breach of my request.
16/01/2011 - Letter received saying I'm not paying my arranged amount.
22/03/2012 - Letter received from ARC saying this has been bought by Britannica Recoveries S.A.R.L - Arrow - Replied with Account Sold Whilst in Dispute Template

7. Capital One - £310 - started in about 2003
17/08/10 - CCA Request Sent
24/08/10 - Received letter saying they are looking into request and will respond within 4 weeks
03/09/10 - Reconstituted agreement received
06/09/10 - Sent CCA Query - Missing Prescribed Terms Letter
08/09/10 - Sent CCA Query - Copy Document Supplied (Nid says this one is better!!!)
10/09/10 - Letter received - looking into my account
17/09/10 - Letter received - final response from them
Niddy says... :UE
09/10/10 - Letter received from Frederickson International - Please contact us
14/10/10 - Sent Account Sold in Dispute to Frederickson
26/10/10 - Received letter from Frederickson - they are talking to CapOne account on hold
06/11/10 - Received letter from CapOne - not changing position
28/01/11 - After many unanswered phone calls... Frederickson Int have sent a Letter before Action - 7 days otherwise immediate action.
01/02/11 - Sent letter Threat by lender to commence litigation
07/02/11 - Card received - Confirmed Resident - your account will be passed to a solicitor if you do not call to arrange payment (dated 2nd Feb so may have crossed in post).
22/02/11 - Letter received - This debt will not go away...
15/03/11 - Received letter - CapOne now dealing with this account again - Freders are off the case

8. MBNA (Virgin) Credit Card - now with Link Financial - £5700 - started in about 2003
17/08/10 - CCA Request Sent
01/09/10 - Letter received saying they will request it from MBNA (Debt bought in April 2004)
14/09/10 - Call from Link saying they are still waiting and to keep paying - no security info asked for
30/09/10 - Letter received dated 18th September ;EEK saying that my repayment plan is terminated and I must call them as a matter of priority
08/10/10 - Personal Budget Plan form received
04/11/10 - Received letter saying "your failure to respond to our phone calls and messages leaves us with very few options at this stage"
11/03/11 - Received letter saying "we might start court proceedings, or pass to our internal asset team, or get a DCA to contact me"
15/03/11 - Sent letter - Threat of legal action - CCA request in default
28/03/11 - Received letter acknowledging my complaint - they are looking into it.
18/04/11 - Received a letter with an attached CCA


9. HSBC 2 - Overdraft/Loan/MIX - now with Rockwell - £12500 - started in about 1998
17/08/10 - CCA Request Sent
21/08/10 - Received letter stating that the account is a current account and not covered under cca
23/08/10 - Sent letter stating that it is not and they must provide cca
27/08/10 - Letter received asking for documentary evidence to support my claim that this is more than an account
03/09/10 - Letter sent with documentary evidence
10/09/10 - 2 letters received - one saying yes it's unenforceable and the other saying we're talking with our client.
Niddy says... :UE
04/10/10 - Letter saying I have 10 days to cough up or they will take action... probably they'll phone me more than once a day.

10. MBNA Credit Card - now with Direct Legal - £4665 - started in about 2002
17/08/10 - CCA Request Sent
Proof of delivery obtained - therefore they are in breach of my request.
08/09/10 - Received letter from Hillesden - waiting for agreement...
11/09/10 - Received letter from Alpins Solicitors - we have been instructed to take steps to recover...
14/09/10 - Sent letter to Alpins - Threat o gram letter before action letter
29/09/10 - Received letter from Hillesden saying they are following up their request to MBNA for the docs
16/02/11 - Received CCA Copy of agreement
16/02/11 - Sent copy document supplied letter
25/02/11 - Received letter from Hillesden saying it satisfies the request

11. Egg 2 - Credit Card - £3346 - started in about 2002
17/08/10 - CCA Request Sent
31/08/10 - CCA Received
03/09/10 - Pondering next move - wait for judgement on the eggy smell case...

12. Cahoot 2 - Credit Card - now with Robinson Way - £5000 - started in about 2002
17/08/10 - CCA Request Sent
22/08/10 - Received letter stating they are asking for a copy of the cca
26/11/12 - Received letter with agreement forms for flexiloan and credit card.

13. Internet advertising! - old business bill - £2150 - called and advised them that I could no longer pay and was looking at bankruptcy - they said they were happy to call the amount I had paid as full and final settlement. They did mention that they couldn't mark the County Court Judgement as satisfied, although there is no County Court Judgement on my credit file anyway... keeping quiet about that. A NICE MINI-SUCCESS!!

14. HSBC 3 - Overdraft/Loan/MIX - £865 - should be with a Debt Collection Agency, however they claim to have never heard of it. Phoned Metropolitan Collection (HSBC) and they said it had definitely been sold to the Debt Collection Agency... leaving this one now.
20/08/10 - Letter from Debt Collection Agency stating that the only account they have is the other one (no. 5 above).

15. NatWest 3 - Overdraft - 2k - unfortunately this is an overdraft! Currently this account is still open and attached to Natwest 1 and 2...
17/09/10 - Received first letter on this account... been a long time coming... apparently it's going to be passed to the business collections team... it's a personal account! Will be making some kind of offer to pay soon... but enjoying the peace and quiet at the moment.

[enoughisenough]

Re: enoughisenough's UE Diary

Ok so, no.9 HSBC 2 (which is my largest single debt)...

I received a letter yesterday (27th August) saying that I had to prove that this debt is not all from a bank account. Who the heck is allowed a £13000 overdraft???? They also stated that if it did turn out to be from regulated products, then these agreements no longer existed. I'm thinking - nice!

Anyway, being self-employed, I keep my accounts and haven't yet gone through the process of shredding and disposing of the documents that I no longer need to keep... so I thought, maybe I'll find an old bank, loan or card statement and then I'll be able to send them that. To cut a long story short, I've managed to dig out a letter from HSBC dated 1/03/2004 which demands immediate payment of £12693.46 for this account. It then goes on to say that this amount is made up of the following:

Bank Account (including interest and charges to date) - £35.15
Managed Loan Account (including interest and charges to date) - £12,658.31

So Niddy, what to do next??? I'm presuming there's a letter I can send them with a copy of my old HSBC letter?

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Hiya

That is music to my ears - I knew my last letter would work, idiots - what do they think, that they are dealing with amateurs here? Tsk, shame on them!!

Seriously though, leave it with me and i'll sort you a reply when I get a chance - you've bagged it, that is all you needed to do and you've got it - well done. However, the next option would have been to SAR them - that would then have proved it; if they falsified documents to suggest it was all one o/d then they'd have to create a false document for the same respect. As there is a risk you'd find an old statement (like you have) they would never risk such action ergo the SAR would have won it for you, idiots - they make me mad (and for the record it is NOT for you to prove anything, it is for them to disprove it!)

God they make me mad and my letter to them will suggest so as well, wait and see.... will update over the next few days ok? Bit busy right now.

[enoughisenough]

Re: enoughisenough's UE Diary

Thanks for your reply. I know you've lots and lots of stuff to do that is far more important than this! Take your time with the info - a few more days won't be of any consequence to anyone!

Cheers - I hope you get some good news soon.

[enoughisenough]

Re: enoughisenough's UE Diary

Letter from Egg today regarding my Egg 2 account number 11 on my list. They've sent me a credit agreement (impressive as it's from over 10 years ago!) - looks to me like it's the original - signed and dated etc. Does anyone have a link to information on the prescribed terms? I can't seem to find them here or on the last site!

[enoughisenough]

Re: enoughisenough's UE Diary

Ok, so done a little digging of my own re: prescribed terms - I'm thinking that the bit about the credit limit means that there should be a number on the agreement...

Egg have put: We will tell you from time to time the Approved Limit we have set and, if different, the Individual Limit which you have chosen for the Account.

Now, I'm not disputing the wording here, I'm just asking if they should have put the amount of credit/approved limit on the agreement?

I know Nid is busy (there's no problem having to wait - they take bloomin' ages to send any info anyway!!!) so if anyone else has any clues their comments would be most welcome!!!

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Does anyone have a link to information on the prescribed terms? I can't seem to find them here or on the last site!

---> viewtopic.php?p=2321#p2321

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Ok, so done a little digging of my own re: prescribed terms - I'm thinking that the bit about the credit limit means that there should be a number on the agreement...

Egg have put: We will tell you from time to time the Approved Limit we have set and, if different, the Individual Limit which you have chosen for the Account.

Now, I'm not disputing the wording here, I'm just asking if they should have put the amount of credit/approved limit on the agreement?

I know Nid is busy (there's no problem having to wait - they take bloomin' ages to send any info anyway!!!) so if anyone else has any clues their comments would be most welcome!!!

Oh deary me - not this old chestnut again lol. There is an impending court case about this, i've posted it on this forum hang on while I find it:

---> viewtopic.php?f=13&t=91

Look at my post at the bottom, prior to my locking the thread. Unfortunately I do not have the time to get drawn into the egg fiasco, I started a thread on mse about it but then referred people to CAG who were actively following it - I was too busy with UE so let it go.

There is a pending high court ruling, see cag for details.....

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Ok so, no.9 HSBC 2 --- So Niddy, what to do next??? I'm presuming there's a letter I can send them with a copy of my old HSBC letter?

Hiya

send this - see how they like that! lol ;LOL ;LOL

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write with reference to previous correspondence regarding two accounts from HSBC that were merged into one unregulated account, a severe breach of varying legislation as i'm sure you're aware?
  
  You mention in your letter you'd like me to prove that these were separate regulated products, now normally i'd demand that you seek this information from the bank being all i'd do is send a SAR request to them, yet you'd be able to get the exact same proof that I would if you asked, a lot faster. I am under no legal right to provide you with proof on a debt I dispute, it is for you to prove to me that I am indeed liable; in case you forgot the law? I know, a novel idea - lets stop with the nonsense and look to strike a balance to sort this fiasco once and for all, ok?
  
  You go on, in your letter, to state that if I can prove that the products were indeed regulated then you'd agree the agreements no longer existed, put simply i'd be protected under s.127 (CCA1974). Which I knew already, however for ease and to speed things up I attach a copy of a letter to me from HSBC dated 01 March 2004 that confirms:
  
  • Bank Account (including interest and charges to date) - £35.15
  • Managed Loan Account (including interest and charges to date) - £12,658.31[/\*]
  
  
  Therefore, please deal as necessary. I look forward to hearing from you within the next 14 days.
  
  Yours sincerely,
  
  
  Sign digitally[/\*]

[enoughisenough]

Re: enoughisenough's UE Diary

Thanks for this... I'll send the HSBC letter today and hold fire on the Egg until there is some concrete information out there!

[enoughisenough]

Re: enoughisenough's UE Diary

New letter - Hooray!

From Capital One - no. 7 in my list...

It's a reconstituted copy of my original agreement including a scanned copy of the signed signature page of the original.

If you've time, I can scan it and send it over to you, otherwise I'll wait for a bit!

[enoughisenough]

Re: enoughisenough's UE Diary

I'll send it through anyway and you can answer when you're ready!

[Never-In-Doubt]

Re: enoughisenough's UE Diary

New letter - Hooray!

From Capital One - no. 7 in my list...

It's a reconstituted copy of my original agreement including a scanned copy of the signed signature page of the original.

If you've time, I can scan it and send it over to you, otherwise I'll wait for a bit!

Hiya

If it is the same as everyone else gets (by the sounds of it, it is) then respond with this - simply: ---> viewtopic.php?p=1503#p1503

No need for me to see it.... ;Hmm

[enoughisenough]

Re: enoughisenough's UE Diary

Just to clarify... this is the CCA Query - Missing Prescribed Terms letter?? Thanks Nid!

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Yep - isn't the link working?