carol01 UE Diary

[Undercover Elsa]

Re: carol01 UE Diary

Hi Carol,
Sorry you've not had a response...the pre Christmas quiet time is upon us! Yeah good idea for you to send that letter for now.
Niddy's been humungously busy so if you've not had a response to sending him your agreement I would send him a pm to remind him.
Keep a close eye on what they send next and let us know...

Elsa x

[carol01]

Re: carol01 UE Diary

Hi Carol,
Sorry you've not had a response...the pre Christmas quiet time is upon us! Yeah good idea for you to send that letter for now.
Niddy's been humungously busy so if you've not had a response to sending him your agreement I would send him a pm to remind him.
Keep a close eye on what they send next and let us know...

Elsa x

thanks elsa i know he is busy and seems as though i am 3 years into u.e i should by now know what letters to send lol so i have sent missing prescibed terms letter and if its the wrong letter they can have the right one next time lol

[Deepie]

Re: carol01 UE Diary

thanks elsa i know he is busy and seems as though i am 3 years into u.e i should by now know what letters to send lol so i have sent missing prescibed terms letter and if its the wrong letter they can have the right one next time lol

That's the one I would have sent........

[carol01]

Re: carol01 UE Diary

That's the one I would have sent........

see getting the hang of it now thanks

[Never-In-Doubt]

Re: carol01 UE Diary

hi nid
just wondered if you have had time to look at the cca and letter i recieved that i sent to you the other night
thanks carol01

Sorry for the delay. It's

I'd send missing PT's....

[Never-In-Doubt]

Re: carol01 UE Diary

update only...

i have sent to argos CCA Query - Missing Prescribed Terms i think this is the best letter to send
thanks carol01

Ooops just seen this. Yep well done

[carol01]

Re: carol01 UE Diary

Sorry for the delay. It's

I'd send missing PT's....

hi all
i sent the missing pt's letter to hamptons solicitors ref my agos account and have recieved today a letter from lowell saying ....
we are now preparing to instruct a solicitor ???
We have tried to resolve this matter with you without success. We have now reviewed the imformation contained on your credit file and based on the way you are conducting other finances, we believe that you are in a position to start repaying this account.
you have failed to repay this debt, or provide a genunie reason why it should not or cannot be paid, we are now preparing to instruct drydensfairfax solicitors a law firm that specialises in recivering unpaid debts,to manage your case.

any thoughts i don't think they liked the last letter although they don't seem to have mentioned it but at least hamptons have passed it back to lowell is there any i should send to lowell or just file and ignore for now thanks carol01

[Deepie]

Re: carol01 UE Diary

hi all
i sent the missing pt's letter to hamptons solicitors ref my agos account and have recieved today a letter from lowell saying ....
we are now preparing to instruct a solicitor ???
We have tried to resolve this matter with you without success. We have now reviewed the imformation contained on your credit file and based on the way you are conducting other finances, we believe that you are in a position to start repaying this account.
you have failed to repay this debt, or provide a genunie reason why it should not or cannot be paid, we are now preparing to instruct drydensfairfax solicitors a law firm that specialises in recivering unpaid debts,to manage your case.

any thoughts i don't think they liked the last letter although they don't seem to have mentioned it but at least hamptons have passed it back to lowell is there any i should send to lowell or just file and ignore for now thanks carol01

I would send this if it were me--->Threat by Creditor - Threat-o-Gram Letter Before Action

[carol01]

Re: carol01 UE Diary

I would send this if it were me--->Threat by Creditor - Threat-o-Gram Letter Before Action

thanks in 2 deep will send it today

[carol01]

Re: carol01 UE Diary

I would send this if it were me--->Threat by Creditor - Threat-o-Gram Letter Before Action

hi again sorry
this letter goes on about the....

"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)"

my copy is quite easy to read will they not just come back with this sorry for being a pain just want to know whether to take this part out
thanks carol01

[Deepie]

Re: carol01 UE Diary

hi again sorry
this letter goes on about the....

"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)"

my copy is quite easy to read will they not just come back with this sorry for being a pain just want to know whether to take this part out
thanks carol01

Just edit to suit your situation ........

[carol01]

Re: carol01 UE Diary

Just edit to suit your situation ........

ok thanks

[carol01]

Re: carol01 UE Diary

Ok, you don't have to increase anything, at the end of the day we can get them on the trigger figures (financial hardship) if necessary - so sign it and add text at the bottom of the signature saying "I do not agree to increase payments at this stage, £66 per month was agreed and this will remain until my financial position changes - I do not agree to an increment in 6mths so refute this condition and my signature assumes omission of such point"

That will sort that - photocopy it then keep that copy and send the original back to them. Can you afford £66 p/m? Did they ever get a CCJ or just threaten you (sorry am slightly behind so please remind me).....

i have stopped paying my overdraft back due to being made redundant so this is the first month i have not paid, i have been paying 66.00 per month since may 2011 but now i can not afford it.
should i send them a letter or wait till they contact me the balance was 3400.00 but with my payments and ppi it should only be around 700.00 left to pay is there a letter to send to expain my situation
thanks inadvance carol01

[Undercover Elsa]

Re: carol01 UE Diary

i have stopped paying my overdraft back due to being made redundant so this is the first month i have not paid, i have been paying 66.00 per month since may 2011 but now i can not afford it.
should i send them a letter or wait till they contact me the balance was 3400.00 but with my payments and ppi it should only be around 700.00 left to pay is there a letter to send to expain my situation
thanks inadvance carol01

Hi Carol
There's no template as such as at this stage it's down to personal circumstances, but I can help you with the letter if you wish.
I've had a quick read through your thread re this account, just need some more info.

Are you now on benefits?
Do you own your own home?
Do you have any health issues?
Did you send them a Common Financial Statement when you set up the payment plan? (They have no legal right to one, but if it helps your situation then it's OK to send one).
In the light of your reduced circumstances it might be an idea to complete one yourself before they send their own intrusive version.
The Nedcab version is excellent, and has built in trigger figures. It's an industry standard and they should accept it.
When you complete it don't make yourself short, you have a right to live a normal life.
You can access it here, complete it online completely confidentially and print out the result: North East Derbyshire Citizens Advice Bureau

Once we have the figures to work with we can write with a token offer.
In the meantime to preempt any nasty letters when they realise your payment hasn't gone through, just send them something on these lines:

Re Account Number:
Your Ref:

Dear Sirs,
I write with reference to the payment arrangement for the above account which I have been paying at £66 per month since xxxx
I promised to inform you if my circumstances changed, and unfortunately having recently lost my job I am now in financial hardship and therefore unable to maintain the payment at the present level.

I am currently seeking advice and will be completing a C.A.B Common Financial Statement. I therefore ask that you put this account on hold for a minimum of 30 days to allow me time to sort this out.

In the meantime I would be most grateful if you would provide a full statement of account detailing my payments to date and the balance owed.
yours faithfully,


That's what I'd do, but see what others say too

[Undercover Elsa]

Re: carol01 UE Diary

PS: Just for your reference, the OFT guidelines state:


Where a customer can demonstrate to a subscriber that they are making a genuine effort to develop a repayment plan, using either a debt advice agency or a self-help tool, the subscriber should suspend collections activity related to the customer’s current account, credit card and/or unsecured personal loan while discussions continue, for a period of 30 days.