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  • Re: What2donext / UE Diary

    Originally posted by in 2 deep View Post
    Originally posted by in 2 deep View Post
    Are they the same ones they sent on the 24/07/11 ? They are exactly the same as they sent 14/06/12
    if they are send this------>CCA Query - Missing Prescribed Terms
    Thanks In2deep we will send both letters you suggest, I have just looked back through the diary and found that Niddy still deemed the account UE back in June
    Cheers

    Comment


    • Re: What2donext / UE Diary

      Originally posted by what2donext View Post
      MBNA Credit Card 2 (Mrs)
      Date Commenced - 9/3/01
      Approx. Balance - £5036
      Last Full Payment paid - 6/6/11
      DMP Payment paid - 28/6/11 (no more payments being made)

      07/07/11 CCA request sent
      21/07/11 Received letter requesting additional info and IE form to be completed and signed guessing we ignore again
      22/07/11 Received CCA will email to Niddy to look at thankyou
      24/07/11 Niddy says
      25/07/11 CCA Query missing prescribed terms letter sent recorded delivery

      07/11/11Received letter stating - Thank you for your letter dated 29th July 2011 in res[ect pf the agreement referred to above. In your letter you claim that we have not supplied a true copy of your original credit agreement. To confirm, the document enclosed with our recent letter is a copy of the executed agreement that you signed when you decided to take out a credit card with MBNA Europe Bank. You have been provided with a true copy of your credit agreement. Furthermore the "Financial and Related Conditions" set out on the credit agreement are the key terms which, under Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, were prescribed to be included int he credit agreement that you signed. These key terms set out how your credit limit is decided, your minimum payment obligation and your interest rates. When you were sent your credit agreement for signature, these key terms were also repeated in a full set of the Terms and Conditions of your credit agreement which were conveniently set out separately in a document for you to keep. A copy of these terms was enclosed in our previous response. In your letter you state that the copy of the agreement we provided is illegible. We can confirm that we are satisfied that the copy of the agreement we provided is legible. MBNA are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, we shall continue to administer this account as normal. We also expect you to continue to make payments to us as they fall due, if you fail to do so, please note that any arrears will be reported to the Credit Reference Agency.
      12/12/11 Received Default Notice
      15/02/12 Received letter - Your credit agreement has been terminated you will no longer receive statements and we have registered a default at the CRA .It then goes on to what recovery action they may take -Sale of Debt - Placement of Debt -Litigation You will be kept informed of any further action.
      15/03/12 Received letter from MBNA - We are taking further action to recover your debt.We have decided that we will take the action of selling your debt to another company.We will be transfering ownership to Hillsden Securities Limited.
      26/06/12 Received a letter from - dlc -We hearby give notice that this debt has been assigned to Hillsden Securities Ltd, trading as direct legal & collections
      This means that MBNA no longer own your account and your account is now owned by dlc.etc etc
      16/04/12 Received a letter from dlc-As you have failed to maintain acceptable payment installments on your account, we have made enquiries with the locl land registry and have received formal confirmation that you are a home owner. It is now our intention to commence legal proceedings against you for non payment of this account. Once a County Court Judgement has been obtained, a further application will be made to secure this debt against your financial interest in your property by the way of a Charging Order.
      We would like to resolve this matter without the need for legal proceedings etc etc.
      16/04/12 Sent Threat to Commence Litigation letter to dlc.
      21/04/12 Received letter from Hillsden/dlc -Thank you for your recent letter. I acknowledge receipt of your complaintand will respond within 5 days etc etc
      25/04/12 Received an acknowledgment letter in reply to Threat to Commence Litigation letter we sent - Unaware of any outstanding disputes on the account ,We have not received any previous correspondence from you prior to your letter dated 16/04/12, Due to the above we disagree with your claims that we have continued to harass you etc etc. We have referred this mater to MBNA to obtain the necessary documentation in acorrdance with the CCA 1974. This will be provided to you once it becomes available
      14/06/12 Received a letter from dlc - Further to our letter dated --April regarding the above account
      Please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception.
      This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request.
      As we have now reached the end of the 8 week timescale to resolve this matter, we would request that you accept this letter along with our letter dated --th April (a copy is enclosed) as our final response.
      27/07/12 Received a letter from APLIN STOCKTON FAIRFAX SOLICITORS : We have been instructed by dlc on behalf of Hillsden Securities Ltd formerly MBNA to take necessary steps to recover the outstanding balance.
      Our client asks that you contact them either directly by telephone or by writing to them at dlc collections. I f you do not make fullpayment or reach agreement with dlc within 7 days legal proceedings may be commenced without further notice. etc etc
      27/07/11 Sent Threat-o-Gram Letter Before Action to APLIN
      04/08/12 Received from dlc : Notice of Sums in Arrears
      08/09/12 Received a letter from dlc in reponse to letter sent to APLIN : I can advise that we complied fully with your CCA request on the 13th of June which was included in our final response in April for ease of reference i enclose further copies of said letters, copy of original agreement and the original t&c and a copy of the current t&c provided by MBNA. We are happy to rely on enclosed documentation in any legal proceedings.While we did not provide the requested documentation within the time limit stated in your letter, we rectified this breach by providing you with the documentation, which fully complies with your formal request. The debt is now enforceable again. Please note that a formal cca request is to be used only to obtain information about the account and not to be used as a tool to withold payment or to prove that an agreement exists. The account has been used and a debt has been incurred, for which you are liable to pay the balance and MBNA has sent you monthly statements to keep you informed of the balance. Please contact us etc etc .
      10/09/12 CCA Query - Missing Precribed Terms sent to dlc
      14/09/12 Received a letter from dlc: Thank you for your letter dated 8 September regarding the above account.
      We have already responded to the points raised ; please refer to our letter dated 6 September, which enclosed copy of earlier correspondence dated 24.4.12 and 13.6.12.
      In addition I can advise the following:
      1. As the above account does not relate to a fixed term agreement, the prescribed terms are now required to be on the face of the agreement.
      2. Please refer to the reverse of the agreement where you will find the relevant terms of your agreement
      3. Due to the above the agreement supplied to you, it does comply with all regulations set out by the CCA 1994.
      4. We are happy to rely on the documents previously provided in any future proceedings.
      Any amendments made to the CCA after the agreement was signed would have no legal bearing on its enforceability, consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the act would not apply to your agreement.
      Good morning everyone an update on the above account do we need to respond or do we just wait and see what they send next thanks

      Comment


      • Re: What2donext / UE Diary

        Originally posted by what2donext View Post
        Good morning everyone an update on the above account do we need to respond or do we just wait and see what they send next thanks
        I would see what they do next..............
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Re: What2donext / UE Diary

          Originally posted by what2donext View Post
          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
          01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
          02/12/11 Sent Niddy special
          10/12/11 Received Default Notice
          31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
          07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
          07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
          01/02/12 Received CCA
          04/02/12Niddy says Unenforceable
          04/02/12 Sent Missing Prescribed Terms letter
          03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
          Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
          Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
          When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
          03/04/12 Sent Threat-o-Gram Letter Before Action
          07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
          20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
          05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
          16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.
          01/06/12 Received yet another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response to be sent to you today.We hope to complete our investigation and send you a detailed reply by 21 June. We have been instructed by our client that they are undertaking a review of the issues raised by you and our instructions are to take no further action pending their findings.
          22/06/12 Received a letter from drydensfairfax : We have passed our client the details of your complaint and they have advised us that they are conducting a review into the matter. In the meantime, our instuctions are to take no furthr action in this case pending their findings.
          06/10/12 Received a letter from drydensfairfax: see attachment
          Good evening everyone it's been quiet for a couple of weeks but today we have received the letter below, they have again sent the exact same agreement etc as when Niddy deemed it UE way back on 4/02/12.

          Do we need to respond or just ignore as there are no threats in the letter just the usual contact us with payment proposals ( I propose £0 per month for the foreseeable future) thanks

          Comment


          • Re: What2donext / UE Diary

            did they send the same stuff again?

            if they did I would send a copy of the missing prescribed terms letter to Drydens with a one liner referring them to your sold in dispute.

            paper trail, paper trail, paper trail

            if they sent different stuff, send it to Niddy and do what he says!

            Comment


            • Re: What2donext / UE Diary

              Originally posted by MrsD View Post
              did they send the same stuff again?

              if they did I would send a copy of the missing prescribed terms letter to Drydens with a one liner referring them to your sold in dispute.

              paper trail, paper trail, paper trail

              if they sent different stuff, send it to Niddy and do what he says!
              Thanks for the prompt reply Mrs D
              They have sent exactly the same paperwork twice now, we have not sent the sold in dispute letter the last letter we sent was Threat-o-Gram Letter Before Action sent on the 3rd of April do we send sold in dispute now or missing prescribed terms which we sent to sygma back in February.
              Cheers
              Last edited by what2donext; 8 October 2012, 10:43.

              Comment


              • Re: What2donext / UE Diary

                Hi

                I would send the missing prescribed terms to Drydens as you've already sent the sold in dispute to the, may as well make them aware why it's in dispute.

                Comment


                • Re: What2donext / UE Diary

                  Originally posted by MrsD View Post
                  Hi

                  I would send the missing prescribed terms to Drydens as you've already sent the sold in dispute to the, may as well make them aware why it's in dispute.
                  Thanks again MrsD we will get it in tomorrows post and await their response.

                  Comment


                  • Re: What2donext / UE Diary

                    Originally posted by what2donext View Post
                    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
                    01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
                    02/12/11 Sent Niddy special
                    10/12/11 Received Default Notice
                    31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
                    07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
                    07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
                    01/02/12 Received CCA
                    04/02/12Niddy says Unenforceable
                    04/02/12 Sent Missing Prescribed Terms letter
                    03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
                    Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
                    Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
                    When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
                    03/04/12 Sent Threat-o-Gram Letter Before Action
                    07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
                    20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
                    05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
                    16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.
                    01/06/12 Received yet another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response to be sent to you today.We hope to complete our investigation and send you a detailed reply by 21 June. We have been instructed by our client that they are undertaking a review of the issues raised by you and our instructions are to take no further action pending their findings.
                    22/06/12 Received a letter from drydensfairfax : We have passed our client the details of your complaint and they have advised us that they are conducting a review into the matter. In the meantime, our instuctions are to take no furthr action in this case pending their findings.
                    05/10/12 Received a letter from drydensfairfax: see attachment
                    09/10/12 Sent Missing Prescribed Terms letter to drydens
                    16/10/12 Received a brief letter from drydens: We acknowledge receipt of your letter and will revert to you as soon as possible.
                    Good morning everyone a quick update on the above account we will wait and see what they come up with next. thanks

                    Comment


                    • Re: What2donext / UE Diary

                      Originally posted by what2donext View Post
                      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
                      23/12/11 Received letter from Green & Co solicitors - see below
                      24/12/11 Sent -Threat by Creditor - Threat-o-Gram Letter Before Action
                      09/01/12 Received letter from Green & Co -We note the contents of your letter and our client has requested that they will respond to you direct.We have therefore been asked to close our file and you will hear from our client direct.
                      21/01/12 Received letter from Newman Debt Collection Agents- Immediate Action Required .We act for our client RBS regarding the above account contact us etc etc.
                      13/02/12 Received another letter from Newman Debt Collection - Notice of Further Action - We continue to act for our client RBS we ask that whatever your circumstances you call us immediately to resolve this matter.In the absence of this contact and cooperation we may proceed to litigation in this matter etc etc.
                      27/02/12 Received a letter from Newman Debt Collection - Notice of Further Action - Our records show that you have not responded to our attempts to contact yo.You must contact us within the next 4 days to prevent avoidable action.
                      23/03/12 Received from Newman Debt Collection- REPAYMENT OPTIONS- etc etc
                      02/04/12 Received another letter from Newman Debt Collection - Doorstep Collection Warning - Our records show that to date we have failed to make contact with you. Failure to pay or contact us within 7 days of the date of this letter may result in your account being passed to our field Representative to arrange a Doorstep Call etc etc.
                      02/04/12 Sent Harassment & Threat of Doorstep-Visit
                      10/04/12 Received a letter from Newman Debt Collection- We write with reference to your recent correspondence date 2nd April, the content which as been noted. etc etc
                      05/05/12 Recived a letter from scotcall limited - NOTICE OF PERSONAL VISIT - Your long overdue debt noted as above has been placed with scotcall for collection. scotcall are one of the uk's leading doorstep recovery debt recovery companies etc etc.
                      21/05/12 Received another letter from Scotcall - PRE - VISIT NOTICE
                      21/05/12 Sent Harassment & Threat of Doorstep-Visit letter to Scotcall
                      24/05/12 Received another letter from Scotcall - Please find enclosed paperwork relating to an account we are no longer dealing with. It was returned to our client on 22/05/2012. Please contact them at the address supplied.
                      28/07/12 Received a letter form MINT : Our collection agent has been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to Wescot Credit Services Ltd etc etc
                      18/08/12 Received a lettter from Wescot: Wescot Credit Services is a specialist DEBT COLLECTION organisation. We have been instructed by our client to collect the above outstanding balance on their behalf. PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT
                      IN FURTHER RECOVERY ACTION.
                      18/08/12 Sent: Accound Sold Whilst In Dispute - letter to Wescot
                      25/08/12 Received a letter from Wescot: Following your recent request for a signed agreement, our client has requested you write to the follwing adress and state in your covering letter that this is a section 77/78 request and enclose a £1.00 postal order payable to our client.
                      25/10/12Received from Wescot: FINAL NOTICE - Our latest enqueries have now confirmed you are still resident at this adress but we have not received a reply to our previous correspondence. Unless you contact us to agree repayment within the next 10 days, further collection activity will be taken ,please do not ignore this letter etc etc
                      Good morning everyone a quick update on the above account what do we need to respond with as we sent the Sold in Dispute letter back in August thanks
                      Last edited by what2donext; 25 October 2012, 10:53.

                      Comment


                      • Re: What2donext / UE Diary

                        Originally posted by what2donext View Post
                        Good morning everyone a quick update on the above account what do we need to respond with as we sent the Sold in Dispute letter back in August thanks
                        I would just send them a one liner saying .......CCA request was sent on xx/xx/xxxx with a copy of there last 2 letters
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • Re: What2donext / UE Diary

                          Originally posted by what2donext View Post
                          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
                          01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
                          02/12/11 Sent Niddy special
                          10/12/11 Received Default Notice
                          31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
                          07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
                          07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
                          01/02/12 Received CCA
                          04/02/12Niddy says Unenforceable
                          04/02/12 Sent Missing Prescribed Terms letter
                          03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
                          Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
                          Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
                          When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
                          03/04/12 Sent Threat-o-Gram Letter Before Action
                          07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
                          20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
                          05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
                          16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.
                          01/06/12 Received yet another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response to be sent to you today.We hope to complete our investigation and send you a detailed reply by 21 June. We have been instructed by our client that they are undertaking a review of the issues raised by you and our instructions are to take no further action pending their findings.
                          22/06/12 Received a letter from drydensfairfax : We have passed our client the details of your complaint and they have advised us that they are conducting a review into the matter. In the meantime, our instuctions are to take no furthr action in this case pending their findings.
                          05/10/12 Received a letter from drydensfairfax: see attachment
                          09/10/12 Sent Missing Prescribed Terms letter to drydens
                          16/10/12 Received a brief letter from drydens: We acknowledge receipt of your letter and will revert to you as soon as possible.
                          27/10/12 Received a letter from drydensfairfax: With different terms & conditions we will send them to Niddy it says it is their final response before action..
                          Good morning everyone a quick update on the above account we will wait until we here from Niddy thanks

                          Comment


                          • Re: What2donext / UE Diary

                            Theyve been issuing claims like confetti.

                            Can you send any agreement as well please.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • Re: What2donext / UE Diary

                              Originally posted by Never-In-Doubt View Post
                              Theyve been issuing claims like confetti.

                              Can you send any agreement as well please.
                              Thanks Niddy just sent them to you

                              Comment


                              • Re: What2donext / UE Diary

                                Originally posted by what2donext View Post
                                Barclaycard Credit Card (Mr)
                                Date Commenced - 23.7.99
                                Approx. Balance - £4166
                                Last Full Payment paid - 8.6.11
                                DMP Payment paid - 22.6.11 (no more payments being made)

                                07/07/11 CCA request sent
                                22/07/11 CCA receivedlooks like just terms and conditions will email to Niddy to look at thank you
                                24/07/11 Niddy says
                                25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
                                02/08/11 Received letter what looks as though they are quoting terms saying they don't class the account as being in dispute and for the purposes of the FOS to consider this as their final response
                                02/09/11 Recieved genral arrears letter
                                16/09/11 Received letter from Mercers stating- IMPORTANT-YOU SHOULD READ THIS CAREFULLY - Despite a recent letter from Barclaycard you are still behind with payments etc
                                26/09/11 Received another letter from Mercers stating - We are dealing with your account on behalf of Barclaycard etc etc, Please note,if you do not contact us, we will be instructing a local debt collector to visit you at the above adress to obtain payment of your debt .
                                27/09/11 Harrasment & Threat of Doorstep - Visit letter sent to Mercers
                                06/09/11 Received letter stating- Thank you for taking time to contact us regarding the level of service received from Barclaycard. We are very sorry to learn of your dissatisfaction,your correspondence is being dealt with by this office and we aim to resolve matters by 26 October 2011 etc etc.

                                18/10/11 Received letter from Barclaycard in response to our Harrasment & Threat of Doorstep Visit letter titled -FINAL RESPONSE I write further to your complaint and respond in my capacity as a Customer Relationship Manager. You have outlined in your complaint that you are unhappy with the level of telephone contact and that everything should be made in writing.You have also stated that you are unhappy regarding visitst to your property.You confirm you confirm that you believe such action would leave Barclaycard in breach of the OFT therefore you revoke permision for such a visit etc. Firstly please accept my apologies for any inconvenience that may have been caused by this matter.
                                If I may explain,your Barclaycard account has become overdue for repayment therefore under these circumstamces Barclaycard needs to contact you to discuss your current situation and potential repayment arrangements .Barclaycard is primarily a telephone based company and as such will attempt to contact customers by telephone as we believe this is the quickest way to resolve any issues.I must confirm that Barclaycard reserves the right to instruct appointed third parties to contact customers on their behalf which also may include home visits. I have duly noted your comments,however I must advise that i do not agree that Barclaycard will breach any legislative guidelines by conducting a home visit etc etc.

                                09/11/11 Received today another letter from Mercers - Call Us Now to Avoid Further Action As per our previous letter, if you don't contact us or make a payment, your account will be passed to our agents who will visit your property to secure payment on your account.
                                19/11/11 Received yesterday another letter fron Mercers -YOUR ACCOUNT IS SERIOUSLY IN ARREARS etc Make 3 missing payment and we will credit your account with the remaining 2 etc
                                23/12/11 Received letter from CALDER FINANCIAL Our clients Barclaycard have reffered your debt to us for continued non payment of your account arrears.Ifyou do not call us,we will close the account and the full ballance will become due immediately etc etc.
                                04/02/12 Received another Formal Demand for Payment - As you have not coplied with the recent Default Notice,the outstanding balance shown above has become due in full and we demand that you pay this amount to os immediately.Your balance will continue to accrue interest at the current rate until we receive this payment.We will no longer send statements to you etc etc
                                04/02/12 Threat by Creditor - To Commence Litigation letter sent
                                09/02/12 Received a letter in response to the above also containing the letter received on 02/08/11 as it is a rater long letter i will scan it and send it to Niddy
                                17/02/12 Received letter from Barclaycard -Your Barclaycard has now been passed to Credt Solution Ltd to manage etc etc.
                                22/02/12 Received letter from Credit Solutions- IMPORTANT NOTICE-We act as agents for Barclay's Bank trading as Barclaycard Barclaycard have informed us that you have not complied with the Default Notice they recently sent to you etc etc. Continued non payment could result in more direct methods of recovery including- A DEBT COLLECTOR CALLING ,A COUNTY COURT CLAIM.
                                03/03/12 Received letter from power2contact- we have been instructed by our client to VISIT YOUR ADRESS TO COLLECT THE ABOVE blah blah blah.
                                03/03/12 Harassment & Threat of Doorstep-Visit letter sent to power2contact
                                19/03/12 Received postacard from Power 2 Contact - I CONFIRM I WILL BE CALLING TO DISCUSS THE RECENT COMMUNICATION FROM CSL - ON ---- WEDNESDAY ------BETWEEN 9.00AM - 9.OOPM
                                23/03/13 Received a letter from Credit Solutions - OPPORTUNITY TO SAVE £££'S - Despite our numerous attempts to contact you etc etc. We have the opportunity to offer you a discount on the balance shown to help you finally clear this debt once and for all.etc etc.
                                12/04/12 Received a letter from Credit Solutions - NOTICE OF LEGAL PROCEEDINGS - the above debt remains outstanding, failure to pay within 7 days may result in legal proceedings being issued against you etc. etc.
                                13/04/12 Sent Threat-o-Gram Letter Before Action to Credit Solutions.
                                14/04/12 Received a letter from power2contact - FORMAL NOTICE OF INTENDED VISIT - Credit Solutions Ltd indicate that since our previous letter, you have failed to make a suitable arrangement to repay your outstanding debt. I write to inform you that we have been instructed to visit you at the above adress in an attempt to make a Financial Evaluation prior to any potential Legal Proceedings. etc etc.
                                25/04/12 Received a letter from Credit Solutions - offer of settlement - our client has advised us that in order to bring the above issue to a speedy conclusion, they are prepared to offer a substantial discount for an immediate payment .etc etc
                                12/07/12 Received a letter from Barclaycard : I am writing to inform you the above account was assigned and transferred by Barclaycard to MKDP LLP.MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf etc etc.
                                03/08/12 Received a letter from MK Rapid Recoveries : Further to our recent communication regarding transfer of ownership of your balance we have not yet received your offer of payment etc etc. Until we reach an agreement to clear this balance we will continue to contact you by telephone or letter so we would advise you contact us to resolve this matter.
                                06/08/12 Account Sold whilst in Dispute & Harassment by Telephone letters sent to MKRR.
                                14/08/12 Received a letter from MKDP: We are in receipt of your recent correspondence in regards to the outstanding balance stated above.
                                At this time we are unable to resolve your query, which reqires further in vestigation.We will be liasing with the Original Creditor where applicable and we will contact you as soon as we receive a response et etc.
                                06/11/12 Received another letter from MKDP: At this time as we are still unable to resolve your query . We are however currently liasing with the Barclaycard , and we will contact you as soon as we receive a response etc etc.
                                Good afternoon everyone a quick update on the above account it's no wonder they are unable to get the info they require liasing with the Barclaycard as it's been shredded and disposed of quite a while now. We will just ignore until they write again

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