What2donext / UE Diary

[Deepie]

Re: What2donext / UE Diary

As this is enforceable do we continue to ignore thanks

Yes ....it's just your D N......

[what2donext]

Re: What2donext / UE Diary

Yes ignore and just wait and see who they pass it on to.

Yes ....it's just your D N......

Cheers Pixie & In2deep for the speedy replies 2 Ignores from 2 today will do me fine

[what2donext]

Re: What2donext / UE Diary

Mint Credit Card (Mrs)
Date Commenced - 29.10.03
Approx. Balance - £3399
Last Full Payment paid - 6.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
14/07/11 Received letter stating "I have received a letter regarding your account. The letter was not signed and as a result I am unable to undertake the action requested. Please sign the letter in space or call us etc." Ignoring for now until further advice is given

30/07/11 CCA received - Email sent to Niddy
03/08/11 Niddy says
04/08/11 Blagging it for now Sent CCA Query - Missing Prescribed Terms by recorded delivery
27/08/11 Received letter in reply to CCA Query - Missing Prescribed Terms
01/09/11 Received Default Notice stating" Please read the Default Notice carefully and ensure payment of £*** is credited to your account within 17 days etc etc"
28/09/11 Received Account termination letter stating - A Default Notice was recently served against you. As the amount requested in the Default Notice has not been received, your account has been terminated.
We now require full repayment of the outstanding debt within 14 of the date of this letter. If you do not comply, or fail to subit proposals for repayment that are satisfactory to us,your account will be passed over to our Debt Recovery Office etc etc.
19/10/11 Received letter from TRITON - We have been formally instructed by The Royal Bank of Scotland plc in respect of the above unpaid debt that despite reminders, you have failed to settle or to make mutually acceptable repayment arrangements .We must inform you that unless you telephone RBS immediately the debt will be referred to us or an equivalent debt recovery agent for collection.
03/3/11 Received today another letter from Triton asking for immediate payment if for any reason you are unable to make this payment by return you must telephone this office immediately
19/11/11 Received another letter from Triton - URGENT ACTION REQUIRED etc It may be appropriate that a debt recovery agent call on you to discuss and agree proposals for repayment.We would prefer not to take this action etc.
30/11/11 Received letter from Triton -NOTICE OF LEGAL PROCEEDINGS

Good morning everyone received letter below today from Triton as this is enforceable do we need to respond with anything. thanks

[Pixie]

Re: What2donext / UE Diary

Do you want to continue blagging it?

If so, send Threat-O-Gram Letter Before Action

If you don't want to continue blagging it, you'll either have to make a F&F offer or come to a repayment arrangement.However, the letter is still saying 'may' etc. Blagging it a little longer could possibly give you time to get some money together.

[Pixie]

Re: What2donext / UE Diary

I had a very similar letter from Triton last year, the only difference being that mine was headed 'Notice of debt recovery action' whereas What2donext's is headed 'Notice of legal proceedings.' Every other word is exactly the same!

My debt that they were dealing with (but are no longer) is UE.

[Never-In-Doubt]

Re: What2donext / UE Diary

Good morning everyone received letter below today from Triton as this is enforceable do we need to respond with anything. thanks

I would sit tight and see what actually happens, pointless sending the threat of legal template as they're gonna do it regardless - by the sounds of their letter

Lets just see shall we..... Try-it-On don't start action themselves, they usually rely on the OC to do it and I can't see RBS trying court right now - but could be wrong, however I'd sit and see for the moment - if they do issue court papers, simply come to an agreement (ie monthly repayment) as it is after all, enforceable.

[what2donext]

Re: What2donext / UE Diary

Do you want to continue blagging it?

If so, send Threat-O-Gram Letter Before Action

If you don't want to continue blagging it, you'll either have to make a F&F offer or come to a repayment arrangement.However, the letter is still saying 'may' etc. Blagging it a little longer could possibly give you time to get some money together.

I would sit tight and see what actually happens, pointless sending the threat of legal template as they're gonna do it regardless - by the sounds of their letter

Lets just see shall we..... Try-it-On don't start action themselves, they usually rely on the OC to do it and I can't see RBS trying court right now - but could be wrong, however I'd sit and see for the moment - if they do issue court papers, simply come to an agreement (ie monthly repayment) as it is after all, enforceable.

Thanks for the replies Pixie - Niddy we will just wait and see what their next course of action is and then hopefully after xmas we could try them with a low F&F and if they refuse then it will be £1 per month token payment as due to our income I dont think a court would ask us to pay anymore.

[Never-In-Doubt]

Re: What2donext / UE Diary

Thanks for the replies Pixie - Niddy we will just wait and see what their next course of action is and then hopefully after xmas we could try them with a low F&F and if they refuse then it will be £1 per month token payment as due to our income I dont think a court would ask us to pay anymore.

Yep, good plan - see what happens and enjoy your Christmas etc first.....

[what2donext]

Re: What2donext / UE Diary

Barclaycard Credit Card (Mrs)
Dated Commenced - 14.6.99
Approx. Balance - £3138
Last Full Payment Paid - 19.5.11
DMP Payment Paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
25/08/11 Letter received stating "We are concerned you are still behind with your payments etc also we may have no alternative but to instruct Mercers Debt Collection Ltd to send you a default notice etc"

26/08/11 Letter from Mercers stating - IMPORTANT - YOU SHOULD READ THIS VERY CAREFULLY Default Notice served under section 87(i) of the Consumer Credit Act 1974
We act as agents for Barclays PLC trading as Barclaycard
Despite a recent letter from Barclaycard you are still behind with your payments etc etc.
06/09/11 Received letter from Mercers see below
07/09/11 Account Sold whilst in Dispute letter sent via recorded delivery
14/09/11 Received letter from Barclaycard customer relations stating - "sorry you had to contact us regarding your Section 78 request. Thank you for taking time and trouble to do so. I am looking into your concerns and will let you have a response or update as quickly as I can but no later than 07 October 2011. In the meantime if you need to speak to me please call on the above number. I have enclosed a leaflet explaining how Barclaycard works to resolve complaints. I hope you find this helpful. Thankyou for bringing this to my attention".
01/10/11 Received another letter from Mercers - Fantastic Offer to help you . Make 2 of the missing payments & we will credit your account with the other 2 payments .

31/10/11 Received letter from Mercers stating you must contact us etcetc.
24/11/11 Received Default Notice from Mercers
01/12/11 Received letter from CALDER FINANCIAL headed A FINAL OFFER OF HELP - Your account with Barclaycard has been referred to us for collection for continued non payment of your account arrears.
However,Barclaycard have agreed we may offer you a repayment opportunity to avoid the need for further recovery action.
1-Our clients are prepared to accept 60% of your outstanding balance in full & final settlement
2-Our clients will allow us to offer you arrange of reduced payment options please call us etc etc.

Good afternoon everyone received the above today do we continue to ignore as Barclaycard still hav'nt sent a CCA the last communication we received about it was on the 14/09/11 when they were looking into it and would contact us by 07/10/11 but never have .thanks

[Never-In-Doubt]

Re: What2donext / UE Diary

Good afternoon everyone received the above today do we continue to ignore as Barclaycard still hav'nt sent a CCA the last communication we received about it was on the 14/09/11 when they were looking into it and would contact us by 07/10/11 but never have .thanks

Yep see what happens, ignore this for now

[what2donext]

Re: What2donext / UE Diary

Asda Card Santander Credit Card (Mrs)
Date Commenced - 23/11/06
Approx. Balance - £976
Last Full Payment paid - 17.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
28/07/11 Received CCA also received in seperate envelope addressed to Mrs but has different client name & account number stating
"you have requested information pursuant to the Consumer Credit Act 1974. Please note that as the account is closed and there is no balance required or due in the future, we are no longer obliged to provide this information, therefore, I am returning your cheque" Already emailed it all to Niddy
29/07/11 Niddy says
29/07/11 Blagging it for now Sent CCA Query - Missing Prescribed Terms by recorded delivery
18/08/11 Received letter stating "That the copy of the agreement we supplied in response to to your request for information under the CCA 1974
was a true copy of the agreement signed by you saying it is enforceable,also containing another larger copy of what they originally sent.

16/09/11 Received letter stating -"Despite previously issuing a Default Notice,your account remains overdue. If you fail to make the necessary
payment we will pass this account to Viking Collection Services Limited.To avoid this action you need to make an immediate payment.

21/09/11 Received letter stating "Thank you for sending us the information to enable us to assess your financial situation we appreciate that this may be a difficult time for you. Now we have assessed your information we are pleased to confirm that we have accepted your offer £1.00 and have placed you on reduced payment arrangement interest and charges have now been suspended.After a minimum period of 6 months we may contact you again for an update, etc .
03/11/11 Received today letter asking us to make token payments or if we do not hear from you and we do not receive the agreed payment unfortunately the reduced payment arrangement will lapse and we may have to return your account to our collections department.
29/11/11 Received Default Notice .
01/12/11 Received letter from Santander -This letter serves you with notice of our intention to register default information with CRA's etc etc
01/12/11 Received letter from VIKING -Your account has been transferred to Viking Collection Services etc etc.

Do we continue to ignore as it is an enforceable debt thanks

[Never-In-Doubt]

Re: What2donext / UE Diary

Do we continue to ignore as it is an enforceable debt thanks

Yep, Viking are just a normal DCA - nothing much doing, see what happens next yea?

[what2donext]

Re: What2donext / UE Diary

Sygma/Creation Credit Card (Mrs)
Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)

07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.

10/09/11 Received letter stating : you have failed to maintain your temporary repayment arrangement with us,which was agreed to assist you, if we do not receive a payment within 7 days ,we will have no option but to assume you are unwilling to pay,your account will return to standard inteest rate and we will resume collections activity.This could include, The issue of a court summons etc etc. We have attempted to support you etc but without your cooperation we canot continue to do so.
16/11/11 Received general arrears letter
23/11/11 Received another general arrears letter
01/12/11 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc

Do we need to respond as they have refused to send a CCA without a signature and have sent back all the letters & P.O we sent.thanks

[Never-In-Doubt]

Re: What2donext / UE Diary

Hiya

Send this back; Its a new Niddy Special - but spell check it cos it's a quick job to try and sort this for you so haven't spell checked it yet!

Dear Sirs,

Ref: XXXXXXXX

I write with reference to previous communication that has been ongoing for several months now, and your clear lack of diligence in dealing with matters that are not only heavily regulated, but also very basic to grasp in both content and form.

You're saying that you appreciate that the Consumer Credit Act (1974) does not require my signature for s.78 requests but you're hiding behind the Data Protection Act (1998) which says you need to ensure you're communicating with the actual person that you hold data about. So, my rather simple question to you is why do you seem to think that the Data Protection Act supersedes the Consumer Credit Act, which lets not forget is an act of Parliament and is the underlying body here for which I am requesting information.

The DPA does not come into this whatsoever, I am specifically requesting information via the Consumer Credit Act, however if you'd rather then I could always look at obtaining the same information via CPR which similarly, does not require my signature? You have happily been communicating with me for some years at this address and we both know that you know I am the person in question and that you're playing silly-buggers. You realise that no matter what your stance, now you've refused me access to "my data", ie the copy of the agreement, quoting the Data Protection Act, I will now use this against you as I now want to know what checks you put in place when you started hassling me to repay, what checks you put in place before sending statements and what steps you took to ensure you sent the actual account card to the right person? Did I have to sign each time you sent any of this information? I do not think so and so I therefore put to you that you've broken DPA several hundred times over the years - so come on, what is it to be then?

I am sick of these games now and therefore you leave me no option but to take matters further. I have now formally complained about your behaviour to the ICO and FOS as you're abusing your position somewhat and this type of behaviour will not be tolerated any longer.

I expect the information requested within the next 7 days or this account will be deemed unenforceable until such time you do respond. Any claim attempt against me will be vehemently defended with a counter-claim forthcoming citing your abuse of process and vexatious.

Yours faithfully,

[Never-In-Doubt]

Re: What2donext / UE Diary

^^^^^^^^

Obviously at this stage do not complain to the ICO/FOS - I suspect they'll send the info this time and if not then you should complain....

Also resend the cheque and CCA Request with the letter...... send it recorded