df1day UE Diary

[Never-In-Doubt]

Re: df1day UE Diary

A recent case in Scotland where it appears the judge found in favour of the bank - Duff v Raphael & Sons. Can anyone comment on that decision and how it could be used against us.

I'm looking into this - bear with me....

Sorry for the delay

[df1day]

Re: df1day UE Diary

Best of luck - glad the court were half accommodating!

Please keep us posted

Court date on the horizon - 10 May. Their solicitor sent me details of the cases they would be referring to. Usual suspects with one new addition. A recent case in Scotland where it appears the judge found in favour of the bank - Duff v Raphael & Sons.

Can anyone comment on that decision and how it could be used against us.

[Never-In-Doubt]

Re: df1day UE Diary

Update at 18 March

Barclaycard 1 (£6600) Unenforcable

18 Mar Wescot now trying their luck. Will send of “account in dispute” letter to them and see what develops.

Yep - send that and see what happens next! Keep us updated

[df1day]

Re: df1day UE Diary

Update at 18 March

Barclaycard 1 (£6600) Unenforcable
21 April CCA requested
23 April Terms and Conditions received
11 May CCA reminder sent
2 June Debtors final response sent to Barclaycard
Passed to Credit Solutions
11 June Formal Demand for payment from Credit Solutions
Power2 Collect also become involved
27 June Refusal to accept unenforcability sent to Credit Solutions

2 July Nonsense letter, spouting ill-informed rubbish, from Credit Solutions
13 July Generous offer” letter from Credit Solutions. “Contact Deal Maker”
This followed a series of nonsense letters from both Credit Solutions and Power2Contact. Sent Account sold template
7 Sep Letter from Credit Solutions. Referred back to Barclaycard
28 Sep Moorcroft now involved. Formal demand etc
20 Nov Moorcroft - Old T&C letter from BC enclosed.....14 days to pay...further action....
04 Jan Midas Legal Services threatening legal action

Both Moorcroft and Midas seen off with “account in dispute” letter. Moorcroft sent usual threats culminating with a 30% discount offer – duly ignored.

18 Mar Wescot now trying their luck. Will send of “account in dispute” letter to them and see what develops.

[df1day]

Re: df1day UE Diary

Thanks for the replies, Swanfan and Niddy.

Regarding the phonecalls, I don't engage in conversation. However, I do obviously have to answer the phone. The only "conversation" I had was to simply ask who was calling. When they said it was the Halifax I told them I only dealt with them in writing. It was when they responded with "we are phoning about a letter you sent...". Since I hadn't sent anything to the Halifax I realised it was my response to Iqor they were referring to. Anyway, the conversation ended there. Just couldn't understand why Halifax would be phoning me when Iqor were writing to me. Great to be popular.

Niddy, I'll take your advice on board and see what develops. I'll keep you informed.

[Never-In-Doubt]

Re: df1day UE Diary

Pretty much as Swanny states above, each account is to be treated individually. I've seen someone get a CCJ for £1000 and others walk away from over £25,000 - so it really depends.

You need to decide what you want to do, however IF I was in your position, i'd just ignore the lot of them and see what action they decided to take, if they issued court papers then you can easily haggle more then, to stop action, or at least make monthly payments.....

The decision really is yours, comparison to other lenders/situations won't work and I never do that anyway, cos then people in threads start the same and before long we have 50 people all thinking and expecting the same outcome - something that never happens really.....

As for phone calls, follow this process by sending template 1 through to 3 (over the weeks):

1. Harassment by Telephone Template

2. Harassment by Telephone Follow-Up Template

3. Harassment by Telephone Threat of Legal Action Template

[swanfan]

Re: df1day UE Diary

Point taken, Niddy. I know the decision is mine but your input is invaluable.

I suppose I'm trying to work out how these DCAs operate and want to know how far I can push this before they do take court action. From your experience, do you know if Iqor are different from the other DCAs who have been involved previously? Each time I have made an offer it gets knocked back, court threatened, then returned to HBOS.

Could Iqor be instructed to try a different tact?

Would any decision now be down to Iqor or would they still have to refer back to HBOS before, say, court action?

Is it worthwhile raising my offer again and see what happens? Or could I say that was my final offer and any regular payments I could afford would take 100 years to repay the debt.

As this debt is enforcable would they ever consider selling it which would make my offer more reasonable?

So many questions which I know you may not be able to unequivocably answer. However with your knowledge of how banks and DCAs operate hopefully you can maybe point out the pitfalls.

Finally, I am receiving daily phonecalls from the Halifax - or that's who they say they are. I didn't engage in conversation with them but when answering the first call - and I asked who I was speaking to - I ascertained that they were phoning about my last letter, which was to Iqor. I then told them I'd deal with anything in writing only but did wonder if there was any significance in the Halifax following up a letter from Iqor.

Each account with a DCA/Bank are dealt with indivdually.

Whilst circumstances may seem similar the action taken by them can be completely different.

You should also not engage in phone calls with them, you've told them you want to deal in writing so either ignore the call or fail their security questions.

[df1day]

Re: df1day UE Diary

What do you want to do...?

Point taken, Niddy. I know the decision is mine but your input is invaluable.

I suppose I'm trying to work out how these DCAs operate and want to know how far I can push this before they do take court action. From your experience, do you know if Iqor are different from the other DCAs who have been involved previously? Each time I have made an offer it gets knocked back, court threatened, then returned to HBOS.

Could Iqor be instructed to try a different tact?

Would any decision now be down to Iqor or would they still have to refer back to HBOS before, say, court action?

Is it worthwhile raising my offer again and see what happens? Or could I say that was my final offer and any regular payments I could afford would take 100 years to repay the debt.

As this debt is enforcable would they ever consider selling it which would make my offer more reasonable?

So many questions which I know you may not be able to unequivocably answer. However with your knowledge of how banks and DCAs operate hopefully you can maybe point out the pitfalls.

Finally, I am receiving daily phonecalls from the Halifax - or that's who they say they are. I didn't engage in conversation with them but when answering the first call - and I asked who I was speaking to - I ascertained that they were phoning about my last letter, which was to Iqor. I then told them I'd deal with anything in writing only but did wonder if there was any significance in the Halifax following up a letter from Iqor.

[Never-In-Doubt]

Re: df1day UE Diary

HBOS £4700 (enforcable)

Got a reply from IQOR today re my F&F offer.

The minimun they will accept is 75%. My last increased offer was 28%. I could manage to go slightly higher but I have others I'll need to keep "my" money for.

I have been asked to provide an I&E breakdown for them to "determine a suitable monthly repayment in order to discharge this debt".

However there is no way I could make anything more than token payments. To this end, I'm happy to provide them with payslips to confirm my meagre income but don't wish to get in too deep with them if I can avoid it.

Further suggestions?

What do you want to do...?

[df1day]

Re: df1day UE Diary

HBOS £4700 (enforcable)

Got a reply from IQOR today re my F&F offer.

The minimun they will accept is 75%. My last increased offer was 28%. I could manage to go slightly higher but I have others I'll need to keep "my" money for.

I have been asked to provide an I&E breakdown for them to "determine a suitable monthly repayment in order to discharge this debt".

However there is no way I could make anything more than token payments. To this end, I'm happy to provide them with payslips to confirm my meagre income but don't wish to get in too deep with them if I can avoid it.

Further suggestions?

[Never-In-Doubt]

Re: df1day UE Diary

Latest update

HBOS (enforcable) £4700

Seems I now have IQOR to contend with.

To recap briefly, since last April I have had:

Blair Oliver Scott
Wescot
Nelson Scott sols
Robinson Way
Horwich Farrelly sols

all chasing me to repay the above debt. It is enforcable so I have been negotiating a F&F offer with each of them but without success. Every time they threaten court action but have always backed down and passed it on. Niddy has told me that I am making a reasonable offers and their unreasonable "negotiations" may look unfavourably on them if it goes to court.

Now it is with yet another DCA, how do you suggest I respond to IQOR?

Will they be aware that all the others have been through the motions and been unsuccesful? Would HBOS have told them of the history before passing it on? Presumably because HBOS don't want to accept 15% of the debt.

To avoid the inevitable letter tennis and repeating myself to a new DCA is there any benefit in saying at the outset that all the others have tried so don't waste your time unless you can persuade HBOS to accept 15% (or thereabouts).

I'm prepared, as usual, to go through the motions if that is what it takes but am thinking that if IQOR realise that I have been through it all before and am not intimidated by the various threats, how do they think they will be succesful. OK, I don't want to say "accept my offer or take me to court", I just want it settled.

You need to treat iQor the same and go through the motions, starting with a simple letter explaining that you're disputing the account and have made a full and final offer, which stands - you cannot afford anything else. Tell them the amount of offer, and try again (just edit the last letter you sent with an offer on it)....

[Never-In-Doubt]

Re: df1day UE Diary

Interesting development.

Got a reply on Saturday from Horwich stating my f&f offer had not been accepted and I had to pay the full amount within 10 days.

Today, I got another letter from Horwich stating "the account had been returned to the creditor as they are no longer acting in the matter"

I suppose I wait further developments but thought I'd update you and let others who may be dealing with Robinson Way/Horwich Farrelly what they can expect.

Jesus they really don't have a clue! Keep us updated....

[Never-In-Doubt]

Re: df1day UE Diary

Yes, 3 Feb.

And do I want to pay?. Let me think about that.....

[df1day]

Re: df1day UE Diary

Latest update

HBOS (enforcable) £4700

Seems I now have IQOR to contend with.

To recap briefly, since last April I have had:

Blair Oliver Scott
Wescot
Nelson Scott sols
Robinson Way
Horwich Farrelly sols

all chasing me to repay the above debt. It is enforcable so I have been negotiating a F&F offer with each of them but without success. Every time they threaten court action but have always backed down and passed it on. Niddy has told me that I am making a reasonable offers and their unreasonable "negotiations" may look unfavourably on them if it goes to court.

Now it is with yet another DCA, how do you suggest I respond to IQOR?

Will they be aware that all the others have been through the motions and been unsuccesful? Would HBOS have told them of the history before passing it on? Presumably because HBOS don't want to accept 15% of the debt.

To avoid the inevitable letter tennis and repeating myself to a new DCA is there any benefit in saying at the outset that all the others have tried so don't waste your time unless you can persuade HBOS to accept 15% (or thereabouts).

I'm prepared, as usual, to go through the motions if that is what it takes but am thinking that if IQOR realise that I have been through it all before and am not intimidated by the various threats, how do they think they will be succesful. OK, I don't want to say "accept my offer or take me to court", I just want it settled.

[df1day]

Re: df1day UE Diary

Interesting development.

Got a reply on Saturday from Horwich stating my f&f offer had not been accepted and I had to pay the full amount within 10 days.

Today, I got another letter from Horwich stating "the account had been returned to the creditor as they are no longer acting in the matter"

I suppose I wait further developments but thought I'd update you and let others who may be dealing with Robinson Way/Horwich Farrelly what they can expect.