liandconsmum's UE Diary

[liandconsmum]

Re: liandconsmum's UE Diary

Alrighty. A bit flurried lately, so doing an overall update, so I know where I am.

Tesco/Robinson Way - Most recent letter from Robinson Way saying they believe it is enforceable (it isn't) and "will not enter into repetitive correspondence regarding this." Okay. I will ignore them at present, as obviously they don't want to discuss that it's UE. They are demanding a payment proposal within the next week, but am ignoring it for the moment. They don't want to hear that it's UE, and that's really the main thing they need to be told. So we're waiting...

Additions - UE. Getting regular statements, which I'm filing away. They are still adding on interest, late payment fees, blah blah blah... nearly doubled the amount now. But again, UE.

Virgin/ExpertoCrediteCMC - Sent a "hello, pay me back my PPI, I've waited long enough" letter to Virgin a month ago. I have just sent them another letter insisting on an update. Most recent correspondence from ExpCredCMC (DCA that has bought the debt) is an offer to accept £10 per month, no interest. So we'll take them up on that, set it up standing order, and then after Christmas look into full and final. By that time, hopefully Virgin will have paid us the PPI reimbursement. Experto Credite has purchased the debt, and have already told us in writing that any PPI reimbursement should be paid directly by Virgin to us, not to them. Since Virgin has sold the debt to Experto Credite, they have no business sending the PPI reimbursement anywhere but directly to us. This one is enforceable, so we're going to have to pay on it at some point. The £10 per month, no interest, is affordable. As much as I'd like to wait until the PPI comes through, as it's enforceable, I don't want to push it too far.

Halifax - sending the "threat of legal action - cca request in default" letter to the solicitors. It's UE. (for further, see post #161) Funnily enough, I sent this same letter to these solicitors in April 2011, and they sent it back to the DCA. Wonder if they'll recognise it? Feel like I'm going around in circles with Halifax, I really do. What a waste of postage, paper, and ink. (Edited to add: Ignoring per Niddy. I suppose it's only correct, after all, as we notified the same solicitors in writing in April that this account was in dispute. I would think it would be their responsibility to check that this had been resolved before taking any further action on the account.)

Paypal Santander - as soon as I sort my evil scanner, I will hopefully get this looked into more re the multiple default notices. Other than that, it's in a holding pattern.

Santander OD - happily paying monthly to the DCA who accepted our offer of monthly payment without interest or fees.

MBNA Santander/ExpertoCrediteCMC - most recent letter from CMC stating they will take £10 per month, no interest or fees. However, it's UE, so will not be taking that offer. Ignoring also, for the moment, as we've advised them it's UE. Since their recent letter also says the next step is litigation, I'm thinking of sending the "threat of legal action - cca request in default" letter to them as well.

And there we are. That's where I'm sitting.

[caspar]

Re: liandconsmum's UE Diary

You are likely to go round in circles with Halifax - they are terrible to deal with!

In response to a few threads ago, make sure you head each letter I do not acknowledge this debt just to ensure that you are not starting the clock ticking over and over again.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Along with the question re Halifax from my post on the 10th, I have another question ... well, asking an opinion really.

We're debating offering a full and final on our Virgin account to the DCA. It's enforceable, and we're still waiting for the PPI from the MBNA Virgin. But the DCA has just sent us a letter saying they're offering 50% off the total balance to clear the debt. I'm sorely tempted to send them a letter offering 20% of the total (because a relative has offered to give us the money provided it covers the debt in full ), and point out that (as they have mentioned numerous times) the PPI stuff is not down to them, it's with MBNA Virgin. And since we have no guarantee how long it will take for us to be reimbursed, it's either take this offer or they'll simply have to wait and see if we get reimbursed and then haggle from there. And it could take a very very long time..... I figured that since they're sending us "offers", they may be at a point where they're willing to deal low just to clear the debt.

You think they'll take 20%? It's not a huge bill - just over £2000. I thought it was a reasonable percentage.

*******ETA: further info on this account further down, so will most likely not be doing F&F at this time. Good grief things have been up in the air lately!

Hiya - don't take that offer, wait until PPi is sorted, as you have a valid claim in place they cannot enforce this - or if they tried they'd be getting a wee spanking...

Await details of the PPi reclaim as it may clear the debt in totality, we don't know yet!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Halifax again causing issues. Brief history just over last couple months:

today we receive yet ANOTHER letter from Wescot's solicitors (same ones as from April).

Do we again send the "threat of legal action - cca request in default letter"? I know the pattern for Halifax now, which means even if it goes back to them it'll then get shipped to yet another DCA. I'm curious... does all this communication by letter mean that the 6 years keeps getting pushed back as we are communicating with them?

Ignore em - they will eventually start to read what you send them!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Paypal Santander :

One of the DCAs (I suspect I know which one it is - the DCA for Paypal Santander that JUST sent us that red letter that we received on 2 June) sent us a yellow slip of paper that has our name and address on one side, and "please telephone xxxxxxxx it is very IMPORTANT" on the other. No indication of what debt or anything. The DCA name is written in teeeeeeny tiny letters on the bottom corner. I HATE this type of thing. I will not be calling them.

Tesco/Robinson Way:

The DCA has sent us a letter basically saying "We refer to your recent correspondence in which you claim this account is not enforceable. We are satisfied that the documentation provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this." Okey dokey then. I'll just IGNORE it.... no repetitive correspondence. Duly noted. grrrrrrrrrrr (note that Tesco is the company that sent us banged up documents with the wrong figures on them and claimed it was the original CCA) .... just nuts, they are....

Ignore both for now!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Interesting. Here we were, planning carefully on how to offer F&F to our Virgin account, when the DCA sends us a letter today saying that they will be happy to take £10 per month, interest free. Very cool! So now we can happily be paying on that one (it's enforceable) without throwing our budget completely off, and focus on one of our accounts that is still charging interest instead! Brilliant! Saves us money all the way around. And then when we've taken care of some other stuff, we can then come back and do the F&F offer to the Virgin account when we're in a better position financially.

So rare to get good news. I'm happy to see some for a change!!

Nice one, that's one sorted then!

18-06-11 update: same DCA sent us letter which we received today regarding a separate account, also offering £10 per month, interest free. That account, however, is UE, so we will not take up that offer for the UE account.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

I think that's you now up to date - if not let me know what I have missed and I will respond later!

[liandconsmum]

Re: liandconsmum's UE Diary

I was going to send Halifax the "threat of legal action - cca in dispute" letter, but I will ignore as per Niddy. I see the point, really. As I advised the same solicitors in April 2011 that the account was in dispute (and they in turn sent it back to the DCA), then I would think that if the account came to them a mere few months later, it would be their responsibility to verify that the dispute had been resolved before taking any further action. To do anything else would be irresponsible and reflect poorly in court, would it not?

So.... they are being ignored for now. Saves on postage, so I'm not about to argue with that.

Edited to add: argh... new Halifax nonsense on next post.....

[liandconsmum]

Re: liandconsmum's UE Diary

Paypal Santander - we've gotten a letter from the solicitors associated with the DCA re this account today. It says "notice of pending legal action" and states "we have been instructed to prepare court papers for issue against you for non-payment of the above debt."

As I am trying to sort out the query regarding the default notices, do I put together a letter stating that we are currently reviewing the file and will re-contact them in a few weeks? I will go make DH figure out the blasted scanner so I can get those statements emailed to Paul today as well. I'm tired of kicking the scanner to make it work. For some reason, Santander has sent a statement to us as well regarding this account - on Santander headings, which is completely different from the usual Paypal headings. Not sure why the change, or why the sudden statement at the same time as the letter from solicitors. ?

Re; Halifax
Wescot have now sent us a "doorstep collection notice". It states "as we know of no genuine reason why you have failed to repay the outstanding balance, instructions will now be provided to our agent to make an appointment with you to visit your home address." Which will be interesting, as they don't have our phone number. They can't come to the house without contacting us first, I didn't think. So I guess any appointments would either be in the post, or they would show up on our doorstep and try to blag it and be threatening. Again . Will have to send them the doorstep collection letter....off to find it... grrrrrrrrr The letter I sent them in April specifically told them and had the "no doorstep collection" bits in it... the whole paragraph of it. I am going to send them a copy of the letter, highlight that paragraph, and then put a very short letter in with it, basically saying "Please see attached copy of letter previously sent in April to your business, particularly the outlined portion regarding door step collection. Kindly make note of it." Subtle enough, you think? And on a side note, they know very well why we have failed to pay the balance - because it's UE!

[liandconsmum]

Re: liandconsmum's UE Diary

In the end, I decided to go non-subtle with Halifax/Wescot. I simply sent them a photocopy of the letter I sent them in April, highlighted the area about "no door step collections" (the entire paragraph) and then wrote across the top of the letter "Copy of previous letter. Please note information re door step collections." And posted it.

And now we wait to see if it was clear enough for them.....

[Never-In-Doubt]

Re: liandconsmum's UE Diary

In the end, I decided to go non-subtle with Halifax/Wescot. I simply sent them a photocopy of the letter I sent them in April, highlighted the area about "no door step collections" (the entire paragraph) and then wrote across the top of the letter "Copy of previous letter. Please note information re door step collections." And posted it.

And now we wait to see if it was clear enough for them.....

Well done, clever move

[liandconsmum]

Re: liandconsmum's UE Diary

Just a brief update for the Tesco account, via solicitors to DCA - letter from solicitors saying we may advise our client to commence Court action against you as a result of your failure to settle this account. blah blah blah... the solicitors have (funny enough) the same address as the DCA. LOL

Account is not only UE, but to top it off, this is the account that demanded for 10 months that we send a signature before they would send the CCA requested. (I strongly suspect they have lost the original papers, as when I called to speak to them a couple years ago regarding the PPI, they couldn't find the original paperwork, but ASSURED me it wouldn't have been mis-sold. yeesh) Then, after 10 months, suddenly (even though we didn't send them a signature), they managed to produce a CCA - which was not only fraudulent, as it had incorrect information on it, but was UE as well.

So I suppose since they insisted they HAD to have a signature and then suddenly sent it without one, they can choose which route they want to be presented in - either they were being obstructive when they were demanding a signature or they were lying when they said they needed one. More likely both.

I am flabbergasted at their cheek, I really am.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Just a brief update for the Tesco account, via solicitors to DCA - letter from solicitors saying we may advise our client to commence Court action against you as a result of your failure to settle this account. blah blah blah... the solicitors have (funny enough) the same address as the DCA. LOL

Account is not only UE, but to top it off, this is the account that demanded for 10 months that we send a signature before they would send the CCA requested. (I strongly suspect they have lost the original papers, as when I called to speak to them a couple years ago regarding the PPI, they couldn't find the original paperwork, but ASSURED me it wouldn't have been mis-sold. yeesh) Then, after 10 months, suddenly (even though we didn't send them a signature), they managed to produce a CCA - which was not only fraudulent, as it had incorrect information on it, but was UE as well.

So I suppose since they insisted they HAD to have a signature and then suddenly sent it without one, they can choose which route they want to be presented in - either they were being obstructive when they were demanding a signature or they were lying when they said they needed one. More likely both.

I am flabbergasted at their cheek, I really am.

Yep so for the moment send this back: Final Response - Unenforceability (CCA Received)

[liandconsmum]

Re: liandconsmum's UE Diary

Received an interesting letter from MBNA Virgin today regarding our PPI reimbursement request (due to mis-selling as didn't cover pre-existing conditions, which DH had and which they didn't tell us about). They have stated that they need us to send proof of his pre-existing conditions that cover the date of the policy for them to "consider" before they make a decision.. ????

I understand their thinking, but it aggravates me that a- if we knew we needed proof, we would have put aside specific paperwork, and b- why should we have to send confidential information to them re medical problems when they should have told us about it regardless?!? And when they say they will use the information to "consider" it further... ridiculous!! Are they going to say "oh well, this is unlikely to cause him time off work so it wouldn't affect it" ?!?

This would be from approximately 10 years ago... I honestly don't even know if we HAVE the paperwork now. And we live in a different area now, so would have to possibly get a letter from GP (and pay for it as it would need to be researched a bit as this happened in Devon). Not to mention that they told us months ago that it would be completed, and they are STILL dragging this out....

grrrrrrrrrrrrrr

(also posted this on my PPI thread)

[liandconsmum]

Re: liandconsmum's UE Diary

Virgin PPI - lovely woman at surgery has copied a few pages of DH's medical records for us that show most of the information needed to provide evidence for pre-existing conditions. So all I need to do is simply put together a letter tying it all up and spelling it all out clearly, and then attaching copies (keeping copies for ourselves as well of course) as evidence. Hopefully that should sort it.

Halifax - Received a letter from Iqor today. Halifax's bouncing ball of DCAs has bounced back to Iqor now. I'll dig out the standard letter we always send (although I'm considering simply a very short letter basically stating "As you have been advised previously, this account is in dispute. Please return it to the original creditor." And leaving it at that. I see no point in printing off long letters that they're already received. The Halifax account is UE.

MBNA Santander - Letter from Experto Credite/Credit Management Consultants. Another offer to settle at 50%, which we couldn't afford anyway. But this account is UE as well. Mulling over precisely how to respond, but considering sending the same letter as above (see Halifax). Although I believe Exp Cred have actually purchased the debt from MBNA Sant, whereas Iqor is simply acting for Halifax.

Paypal Santander - Still not sure how to respond on this. I've been advised that there is an issue with the DNs and also with the lack of complete terms and conditions with the CCA, however, that it is not enough for it to be set aside in court. I am considering going the defence route noting these two issues, if nothing just to force them to put it right. And then see where it goes from there. I assume that if the court orders a ridiculously high repayment amount, that we can appeal that? I have a few more days leeway before responding, however, it just seems so confusing and nervewracking. Not to mention it's DH's account, and while I can give him the information, it's ultimately his decision which way to go. And he's dealing with depression, so not coping well with it (they've upped his meds, but takes weeks to take effect).

Anyway, that's where we are right now.