liandconsmum's UE Diary

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Okay, thank you! I wasn't really sure. They bought the debt off Virgin and said that since Virgin would have to reimburse me directly as it was closed on their end, they said it was two separate issues.

Ah... the complications. I will send them the "enough is enough" letter as well then?

Technically they are right but as you're disputing the actual balance as a whole, then you shouldn't pay them just yet as usually any PPi gets refunded to the debt so imagine if you paid the dca for Virgin to pay the PPi refund into the debt as well, the DCA would have YOUR money and you think it'd be easy to get back? I don't!!

Thus no, do not pay the DCA just yet as the whole balance is disputed....

No, do not send them the enough is enough template - send them nothing! Wait and see what they come back with before responding to this.

[liandconsmum]

Re: liandconsmum's UE Diary

Ok. Sent the "enough is enough" letter and received a response today.

Basically they've said "we are not acting for MBNA in this matter. They have sold the debt and therefore it cannot simply be passed back to them, even should we wish to do so. Whilst we note your comments, we do not believe that the agreement is unenforceable and therefore collections activity, including legal action if necessary, will continue. You should note that even should the agreement prove to be unenforceable, the debt will not be written off and will remain due and registered against you..."

Hmmm.... so they don't believe it's UE, but even if it is they have a plan...so obviously they're kinda acknowledgeing the possibility that it's UE, eh?

I honestly think I need a drink at this point. LOL Talk about going in circles.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Ok. Sent the "enough is enough" letter and received a response today.

Basically they've said "we are not acting for MBNA in this matter. They have sold the debt and therefore it cannot simply be passed back to them, even should we wish to do so. Whilst we note your comments, we do not believe that the agreement is unenforceable and therefore collections activity, including legal action if necessary, will continue. You should note that even should the agreement prove to be unenforceable, the debt will not be written off and will remain due and registered against you..."

Hmmm.... so they don't believe it's UE, but even if it is they have a plan...so obviously they're kinda acknowledgeing the possibility that it's UE, eh?

I honestly think I need a drink at this point. LOL Talk about going in circles.

Send something like this back... short & sweet:

Dear Idiots,

Ref: XXXXX

I write with reference to your previous correspondence, the content of which has been digested and ignored as the nonsense it is. I suggest you start reading and paying attention to my correspondence, as you're not going to receive much more from me until you do start to acknowledge the content in a professional manner.

For the record, each subsequent response to you will now be invoiced, in arrears, at £15 per letter billed on the last day of the previous month so I suggest you start to pay attention before you end up having my DCA chasing you!

Ok, back to the matter in hand, you previously stated that it is not your concern whether I was mis-sold PPI and that I ought to go back to Virgin and pay you in the interim. This is utter nonsense and a blatant lie. We both know full well that if an account is disputed, especially due to mis-sold insurance, then I have every right to cease repayment whilst it is investigated and dealt with - also, have you considered what if the refund exceeds the alleged debt? For clarity, I've sent a copy of this letter with a formal complaint to the Ministry of Justice and the Financial Ombudsman to see what they have to say about your actions.

Anyway, regards to your current letter, how dare you threaten me with action when you know full well you have no legal grounds on which to do so? I have told you on numerous occasion now that there were missing prescribed terms and until this is rectified any action taken by you will be met with a full defence and counter claim against you for abusing the court process, it'll also be defended as unlawful and vexatious as you have no legal grounds to take any action.

I strongly suggest you sort yourselves out and do it soon because failure will result in more formal action being taken against you.

Kind regards


Sign digitally

That ought to make them sit-up and pay attention!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

sorry the above was done in like 3 minutes, you'll need to spell check it etc.....

[liandconsmum]

Re: liandconsmum's UE Diary

We received a letter from Robinson Way Limited today regarding the Tesco account. Interestingly enough, they are saying we haven't responded to their previous letter (which we did, informing them that it is UE). They're basically saying pay up in 10 days or they will arrange for their local representative to call at our home... blah blah blah....

As this is the one that delayed for almost a year (demanding a signature before they would send it - although they for some reason eventually sent it as we refused to give them another signature) before sending us a CCA that had incorrect figures on it (and was obviously something they knocked together from god knows what AND was UE as well!), I'm obviously not going to blithely send them a cheque. Mulling over letters, but was thinking of the "enough is enough" letter combined with the "no doorstop callers" letter, so make sure they are clear.

Just nuts, they are. Really.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

We received a letter from Robinson Way Limited today regarding the Tesco account. Interestingly enough, they are saying we haven't responded to their previous letter (which we did, informing them that it is UE). They're basically saying pay up in 10 days or they will arrange for their local representative to call at our home... blah blah blah....

As this is the one that delayed for almost a year (demanding a signature before they would send it - although they for some reason eventually sent it as we refused to give them another signature) before sending us a CCA that had incorrect figures on it (and was obviously something they knocked together from god knows what AND was UE as well!), I'm obviously not going to blithely send them a cheque. Mulling over letters, but was thinking of the "enough is enough" letter combined with the "no doorstop callers" letter, so make sure they are clear.

Just nuts, they are. Really.

Send this: ---> Final Response (No CCA) & Refusal of Doorstep Visit

[liandconsmum]

Re: liandconsmum's UE Diary

sigh... Paypal Santander is at it again... just for background, this is the previous:

Okay. Upon reading through the Paypal Santander debt, it is completely puzzling. This is basically what's happened with it:

Nov 2009 - sent them letter stating in financial difficulty with £1 token payment
Dec 2009 - sent them follow up letter again stating financial difficulty with £1 token payment
Dec 2009 - received default notice from them
Jan 2010 - June 2010 - paid them by standing order approx £7 per month, including sending them incomings/outgoings letter which they quibbled about as they said they wanted proof of everything (bank statement, statements of other debts, proof of income, everything basically and we refused).
April 2010 - they "transferred" our debt to Viking Collections (which I suspect is their in-house DCA) - we got 2 letters from them, then never heard from Viking again
July 2010 - received another default notice from them
July 2010 - requested CCA (and stopped monthly payments)
August 2010 - received CCA from them, enforceable per Niddy, began paying them £14 per month by standing order.
October 2010 - received ANOTHER default notice from them (this is now the third we've received from them)

After looking through the actual statements, it appears they have only been charging us interest each month. For some reason, since December 2010, they are suddenly charging us this monthly:
£12.00 over limit fee
£20.04 transf balance int charge
£12.00 late payment fee
£61.69 interest

So...I'm baffled why suddenly we are being charged the extra interest (the £20.04 transf balance int charge) and the fees (the over limit and late payment fees) when for over a year they didn't charge us for them. And not sure what to do about it, as I don't understand how they can now incorporate these fees and extra interest when they weren't charging them for the last year. Is there any way to address this and have the extra interest and fees removed and stopped?

And why 3 default notices?? I've noticed that on any of our Santander accounts, they seem to send numerous default notices at varying times (one Santander account had over 15 default notices sent to us!). I thought they could only do it once. I have noticed the defaults technically seem to state the arrears amount. Does that mean that they can put more than one default on the account if it's just covering arrears? sigh. So confused now. (Have I mentioned that I hate Santander? They are the ONLY creditors that do this - all others have been very straight forward.)

Niddy, if you recall, we posted back and forth on this default notice thing previously (see from roughly post #93 on for a few posts) and you stated that them sending 3 default notices was not on.

And the most recent activity since the 3rd default notice of 15/10/2010:

31/10/10 - notice of sums in arrears

23/11/10 - received letter stating "are you experiencing financial difficulty?"

06/11/10 - monthly statement with interest of £83.20

06/12/10 - notice of default sums with overlimit fee of £12 and late payment fee of £12

06/12/10 - monthly statement with interest of £61.69 interest (why lower interest fee than previous month though balance is higher??), transf balance int charge £20.04, and above mentioned overlimit fee and late payment fee £24.00 total.... so basically they've added £105.73 in interest and charges

23/12/10 - received letter stating we've gone over our credit limit (apparently by £900+, which, since we were paying approximately £15 per month up until then, I'd say we went over quite some time ago, eh?)

Now today we have received a red paper from a DCA that we've never even heard of saying "Final demand" and demanding that we pay in full by 3rd of June 2011 (tomorrow). I hardly think that's appropriate notice, considering we just received it today (was dated 27 May). Again, followed by the usual threats of court and/or debt collector coming to the home.

Ignore? Laugh maniacally? Not sure what to do with this one now....

----------------------------------------------------
Secondary to that, letter received regarding the Santander MBNA credit card from DCA again. That one was UE, and I'm thinking of just sending them the Final Response (No CCA) & Refusal of Doorstep Visit that I sent to the other account as well. I am tired of playing postal tag with them, to be honest. Perhaps that will make it clear.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

sigh... Paypal Santander is at it again... just for background, this is the previous:



Niddy, if you recall, we posted back and forth on this default notice thing previously (see from roughly post #93 on for a few posts) and you stated that them sending 3 default notices was not on.

And the most recent activity since the 3rd default notice of 15/10/2010:

31/10/10 - notice of sums in arrears

23/11/10 - received letter stating "are you experiencing financial difficulty?"

06/11/10 - monthly statement with interest of £83.20

06/12/10 - notice of default sums with overlimit fee of £12 and late payment fee of £12

06/12/10 - monthly statement with interest of £61.69 interest (why lower interest fee than previous month though balance is higher??), transf balance int charge £20.04, and above mentioned overlimit fee and late payment fee £24.00 total.... so basically they've added £105.73 in interest and charges

23/12/10 - received letter stating we've gone over our credit limit (apparently by £900+, which, since we were paying approximately £15 per month up until then, I'd say we went over quite some time ago, eh?)

Now today we have received a red paper from a DCA that we've never even heard of saying "Final demand" and demanding that we pay in full by 3rd of June 2011 (tomorrow). I hardly think that's appropriate notice, considering we just received it today (was dated 27 May). Again, followed by the usual threats of court and/or debt collector coming to the home.

Ignore? Laugh maniacally? Not sure what to do with this one now....

----------------------------------------------------
Secondary to that, letter received regarding the Santander MBNA credit card from DCA again. That one was UE, and I'm thinking of just sending them the Final Response (No CCA) & Refusal of Doorstep Visit that I sent to the other account as well. I am tired of playing postal tag with them, to be honest. Perhaps that will make it clear.

Hiya

Can you please do me a favour and create one post (copy and paste elements from here if you can) over here: ---> Defaults

With everything about the defaults added to the account, and then i'll ask Paul to take a look as he is the legal expert of the forums - thing is they can remedy an error and re-issue a default so that is where one debt = one default comes from; just cos they re-issue it doesn't mean much, however it depends on the actual termination - so if you can start one post with all the details about the default (only) then i'll ask Paul to come check it over.....

Similarly, if you've got details of others that have done this then start a new thread about them as well.

I'd ignore for now, until you do the above, and Paul (or someone) takes a look.....

Thanks

[liandconsmum]

Re: liandconsmum's UE Diary

Okay. I've updated my thread in Defaults with the info and images of the DNs. Having a bit of a mental meltdown over the attachment stuff - I followed the directions, but still looks different. It does, however, bring up the page, so I'm not sure what's up.

General updates:

Tesco/Robinson Way - sent Final Response (No CCA) and refusal of doorstep visit letter, as it is UE.

Virgin MBNA - sent "hello? why haven't you paid me yet for my PPI that was mis-sold" letter. Ignoring the DCA at the moment and awaiting further nonsense from them, as they are beginning to do my head in.

Halifax - waiting to see what comes next. UE

Paypal Santander - checking into default notice issues (as noted above)

MBNA cc - received letter from "growly section" of DCA stating it has been "escalated" to them. I can't even remember if I've answered this one or not. It's UE.

Everything else is rather situated at present, either making small payments (OD) or ignoring completely and filing the statements (Additions). I just need to go through and file a bunch away so I don't misplace anything, as the paperwork has piled up on me again.

I am struggling a bit with the paperwork right now. I've reached overload, I think. So many are switching DCAs regularly or have similar creditors (couple MBNA, couple Santander) that I get muddled. Add in a mammoth number of appointments for our 4yo who is disabled, paperwork for his school statement that we are in the process of (with any luck at all) finalising after 8 months of paperwork all over the place, as well as numerous other pressing things, death of my father 2 months ago, DH on meds for depression, and a 1yo and 4yo who think nighttime is playtime.... well, I'm surprised at this point that I can spell my own name!

So apologies in advance if I'm seeming particularly spaced, distracted, or simply not getting it. My brain has a little sign over it right now saying "Danger - overload!!" I really do appreciate all the assistance and support here. I'm pretty sure it keeps me sane! (well, at least what passes for sane, anyway!)

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Okay. I've updated my thread in Defaults with the info and images of the DNs. Having a bit of a mental meltdown over the attachment stuff - I followed the directions, but still looks different. It does, however, bring up the page, so I'm not sure what's up.

Its fine, i've added a post to your thread - all uploads were perfect

I am struggling a bit with the paperwork right now. I've reached overload, I think. So many are switching DCAs regularly or have similar creditors (couple MBNA, couple Santander) that I get muddled. Add in a mammoth number of appointments for our 4yo who is disabled, paperwork for his school statement that we are in the process of (with any luck at all) finalising after 8 months of paperwork all over the place, as well as numerous other pressing things, death of my father 2 months ago, DH on meds for depression, and a 1yo and 4yo who think nighttime is playtime.... well, I'm surprised at this point that I can spell my own name!

So apologies in advance if I'm seeming particularly spaced, distracted, or simply not getting it. My brain has a little sign over it right now saying "Danger - overload!!" I really do appreciate all the assistance and support here. I'm pretty sure it keeps me sane! (well, at least what passes for sane, anyway!)

Aaaaw, i'm sure things will calm down eventually.....

You know we do have a section for you to upload documents that only you and I can see, if you wanted to start a new thread in there with all your debt stuff loaded into, then you can do so - basically an online diary system, means its stored here and you download and print as and when you need things!

Anyway, the offer is there - alternatively, do similar on your home PC - just upload / scan all letters and drag/drop into the relevant folder in a main debt folder on your desktop or whatever! Lots of various ways of dealing with this, but don't stress - seriously, it'll get better

[liandconsmum]

Re: liandconsmum's UE Diary

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

Jan 2011 - account is with Iqor, but CCA is UE, we advised them of this in writing (although have been haggling with Halifax and various DCAs over this since September 2010)

Jan 2011 - letter received from solicitors (through Iqor)

Feb 2011 - letter sent to solicitors advising account is in dispute (threat of legal action - cca request in default letter)

Feb 2011 - letter received from Iqor saying they are putting account on hold for 2 wks to see how we intend to progress this matter (?) saying that Halifax has told them that it is enforceable and if we disagree we need to notify their customer relations department for them to investigate and respond

March 2011 - letter sent to Iqor pointing out that we have notified both them and Halifax on numerous occasions that the account is in dispute and demanding they return the account to Halifax

March 2011 - letter received from Wescot basically saying pay up now

March 2011 - another letter from Wescot stating final notice and threatening doorstep collection and courts

April 2011 - letter sent to Wescot pointing out that account is still in dispute

April 2011 - letter from solicitors (through Wescot)

April 2011 - letter sent to solicitors indicating account is in dispute (threat of legal action - cca request in default letter)

April 2011 - odd computer printed cca with no signature, incorrect information (current address instead of address we were living at time of account being opened) received with letter from Wescot saying "enclose copy statements as requested" basically now pay up.

Basically ignored that. We've told them it's disputed. Again and again. And yet...

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?

[MrsD]

Re: liandconsmum's UE Diary

no, six years (5 in Scotland) starts from the last payment to the debt

agree Westcot are ridiculous, obbviously unable or unwilling to actually read anything you send them!

[liandconsmum]

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!

[liandconsmum]

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....

[liandconsmum]

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!!

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.