liandconsmum's UE Diary

[liandconsmum]

Re: liandconsmum's UE Diary

Okay. Letters all put together and will be posted today. Thank you.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Sigh. Another letter from Wescot DCA re Halifax, stating "final notice" and the nonsense about "our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous correspondence." Basically stating pay in full within the next 10 days or further collection activity will be taken, including legal action and a door step collection agency. Still ignore? Or remind that this is UE and insist they return this to Halifax as we did with the last DCA?

Just send this back: ---> Final Response (No CCA) & Refusal of Doorstep Visit

Also... finally received the CCA response from Tesco (after them demanding signature since July 2010), and I have sent it to your email. A bit puzzling in part (noted on email to you) but there it is. Fingers crossed on it. DCA says they've got it on hold at present until they get the statement from Tesco. Thank you for your help with this!

See above post (ooops)

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Just a brief update.
Tesco - the DCA for this one sent us a letter (recvd today) stating that they are chasing down Tesco to find out why they still haven't responded to the request for a CCA and will get back with us once it's been obtained. ....

I guess this is in relation to your email earlier?

Well it's unenforceable as it does not comply with s.18 CCA1974 - see here for details: ---> Multiple Agreements Also, see these examples and you'll see why the agreement they sent you is not enforceable (ie by the other examples) ---> Example Agreements

Another point to query, the date stamp as you mention is before the actual agreement, plus the PPI is quite old and may not even be relevant, however as a last resort you could reclaim PPi if all else fails...

So, you respond to Tesco/DCA with the following: ---> CCA Query - Missing Prescribed Terms

[liandconsmum]

Re: liandconsmum's UE Diary

Oh, sorry. I thought he was back yesterday, which is why I waited until then to post. Thanks.

[MrsD]

Re: liandconsmum's UE Diary

Niddy is still on holiday. I would send the doorstep letter and wait and see what happens.

[liandconsmum]

Re: liandconsmum's UE Diary

Sigh. Another letter from Wescot DCA re Halifax, stating "final notice" and the nonsense about "our latest enquiries have now confirmed that you are still resident at this address but we have not received a reply to our previous correspondence." Basically stating pay in full within the next 10 days or further collection activity will be taken, including legal action and a door step collection agency. Still ignore? Or remind that this is UE and insist they return this to Halifax as we did with the last DCA?

Also... finally received the CCA response from Tesco (after them demanding signature since July 2010), and I have sent it to your email. A bit puzzling in part (noted on email to you) but there it is. Fingers crossed on it. DCA says they've got it on hold at present until they get the statement from Tesco.

Thank you for your help with this!

[liandconsmum]

Re: liandconsmum's UE Diary

Okay, thanks. Will do. Have a nice holiday.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Just ignore all 3 of them.

[liandconsmum]

Re: liandconsmum's UE Diary

Updates:

MBNA credit card - DCA sent a letter entitled "settlement offer".. the usual blah blah blah. Ignore? Or send a reminder that it's UE? Never quite sure when to ignore and when not to. We haven't heard from them in months, so this was a bit out of the blue.

Halifax - they've apparently sent it to a different DCA (Wescot), who are now sending us letters. We sent our response to last DCA on 8th March, and this letter is dated 8th March. I feel like they are rapidly shifting here and there to keep us on the back foot. Just verifying, but I figured I needed to send the "debt sold while account is in dispute" letter... again?? I'm getting rather irritated, as I didn't even really have time to respond to Iqor and they've sent it to another DCA. This is just ridiculous.

Virgin MBNA - we've requested PPI reimbursement on this account. We got a letter today from DCA saying "we are aware that you have an ongoing dispute with MBNA regarding the sale of PPI, however whilst that may be connected to this account, the result of your dispute will have no bearing on this debt, given that any settlement that may be agreed would be paid to you, rather than used to offset this debt. In the circumstances, we do require payment from you towards this debt...." What to say to this??

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Okay.

RE: Halifax account.

Letter sent to IQor stating that both they and Halifax have been aware of the dispute for months and telling IQor to return the account to Halifax.

Just a question on that. Since that last letter from DCA Iqor stated that Halifax is saying I need to send a letter outlining dispute to their collections customer service, and I haven't written to them (as obviously they are fully aware it's in dispute re the CCA being UE), that doesn't make me look as if I am being uncooperative or deliberately delaying things, does it? I'm rather leaning towards the idea that they should be handling that internally - I've advised them numerous times, it's not MY fault that they can't sort it internally. This is the first time they've mentioned anything about advising someone else in their company about the dispute - and they've known about it for ages.


RE: OD

It's been defaulted already, so we've sent a payment plan in to them for small monthly payments, which we think is reasonable. We can't afford to pay it off right now, but are hoping that by Christmas we will be able to offer them a full and final and get that one done.

No new developments on anything else. (No news is good news, right? LOL)

Hiya

No need to respond, as for your question - you're pretty much sitting tight after originally telling them it is non compliant (ie UE) - and that's all you do need to do. Its not for you to prove it is enforceable, its for them to prove to you that it is not unenforceable.

[liandconsmum]

Re: liandconsmum's UE Diary

Okay.

RE: Halifax account.

Letter sent to IQor stating that both they and Halifax have been aware of the dispute for months and telling IQor to return the account to Halifax.

Just a question on that. Since that last letter from DCA Iqor stated that Halifax is saying I need to send a letter outlining dispute to their collections customer service, and I haven't written to them (as obviously they are fully aware it's in dispute re the CCA being UE), that doesn't make me look as if I am being uncooperative or deliberately delaying things, does it? I'm rather leaning towards the idea that they should be handling that internally - I've advised them numerous times, it's not MY fault that they can't sort it internally. This is the first time they've mentioned anything about advising someone else in their company about the dispute - and they've known about it for ages.


RE: OD

It's been defaulted already, so we've sent a payment plan in to them for small monthly payments, which we think is reasonable. We can't afford to pay it off right now, but are hoping that by Christmas we will be able to offer them a full and final and get that one done.

No new developments on anything else. (No news is good news, right? LOL)

[liandconsmum]

Re: liandconsmum's UE Diary

Alright. I will put that together and send it. Was photocopying some other stuff anyway, so what's a few more things, eh? LOL I think that copier/printer/scanner has pretty much paid for itself by now. I'm sure it's feeling a bit abused and overworked!!

Thank you so much!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Okay. I've sent letters to Halifax/HBOS stating that it's not compliant and they need to send me one that is. I've sent letters to Iqor saying it's not compliant and they need to send one that is. (well, over the last year) Now apparently they were not aware of this and I need to put it down in writing AGAIN and send it somewhere else?? Isn't this customer relations department in the same company?!? Do they not communicate internally there?

Hiya

Ok having read this in more detail, what you need to do is send a copy of the last couple of letters to iQor and do a one liner pretty much saying "read the attached - return this account to HBOS as it is in dispute".

As for HBOS themselves, don't waste your time writing to them right now.

I was going to write, but all i'd be doing is saying the same as what you've already said so it makes better sense to just re-send a copy of the most recent letters to iQor and see what happens.

[liandconsmum]

Re: liandconsmum's UE Diary

Just sent it to you Niddy. Thank you.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

can you email me their letter...?