OK here’s the lowdown on our situation.
Don’t want to go into too much detail but basically our business failed and the debts started to mount, entered a DMP plan in 2006 which they estimated would be paid off in 2037 !!! Currently still have nigh on £82000.00 outstanding. Stopped paying them this April to undertake the UE route as all debts were prior to April 2007.
Here’s the latest state of play:
Barclaycard M/C
24.5.10 CCA Request sent
25.05.10 DELIVERED
10.06.10 No Response. CCA Reminder Sent
BOS c/c
24.5.10 CCA Request sent
26.5.10 Letter received stating they are awaiting documentation
2.6.10 Copy of orig signed form plus reconstituted current terms & conditions
3/06/10 Dispute section10 sent
3.6.10 Letter received from DCA chasing payment of O/S installments
15.6.10 Letter rec’d from DCA chasing payment arrears(no amount quoted)
21.06.10 Refusal to accept unenforcability sent with copy of s10 to both BOS and DCA
24.6.10 Letter rec’d stating unenforceable as they can’t find docs FINISHED AS PER NIDDY. :UE
10.7.10 Rec’d letter basically the same as the one rec’d on 24.6.10 stating they can’t find the reconstituted version of the executed agreement so can’t send. They sent signed copy of application form and T&C’s. They will not seek to enforce as they can’t find, but they don’t agree it’s unenforceable. Need to send to Niddy to make sure nothing new in what they’ve sent.
15.7.10 Payment chase up rec’d from DCA
28.7.10 Emailed the 10.7.10 letter and explained the Blair letter to Niddy.
13.8.10 Refusal by lender/dca to accept unenforceability letter sent to Blair
14.8.10 Letter from Wescot rec’d demanding payment..wtg Niddy
20.8.10 a/c sold while in dispute letter sent to Wescott along with a copy of letter sent to Blair on the 13.8.10
27.8.10 Letter from BOS ack receipt of letter dated 13.8.10 (sent to Blair) saying they can’t trace the recon version of the executed agreement and therefore are not in a position to provide a copy at this time. However they did provide a copy of the signed app form and current t&c’s. They are satisfied that the t&c’s of the agreement were on the reverse of the app form therefore I had seen them. They will not seek to enorce the agreement though the courts but it is not void. This is their final response on the matter.
Cap One c/c
24.5.10 CCA Request sent
3.6.10 Letter received stating looking into the situation, answer within 4 wks.
15.7.10 Reconstituted copy of original agreement rec’d incl a scanned copy of the signed signature page. Need to send to Niddy.
16.7.10 Payment chase up letter received threatening CCJ, Home visit etc.
17.7.10 Letter with current T&C’s received. Need to send to Niddy.
28.7.10 Emailed the 15th explained the contents of the 16th and emailed the 17th letters to Niddy. Unenforceable re Nids need to send CCA query letter.
31.7.10 Capquest sent threat of doorstep collection, possible litigation etc, wtg Nids to see if I should send anything back.
11.8.10 CCA query letter sent in response to Niddys response 28.7.10
13.8.10 a/c sold in default letter to capquest (copy hl legal)
13.8.10 threat o gram letter to hl legal (copy capquest)
18.8.10 Letter from cap one stating looking into situation.
19.8.10 Letter from Capquest rec’d – they have contacted their client and are awaiting a response.
25.8.10 Letter from HL Legal rec’d they state they have limited instructions in the matter and they are not instructed to enter into correspondance. They can confirm however that they have passed a copy onto their client and anticipate that they will now contact me direct.
27.8.10 Letter from Capquest enclosing letter from their client (Cap One dated 16.8.10). this states ref S.78 and that they are looking into my letter if it takes > 4 weeks they’ll contact to say why. Also copy of letter and info from 15.7.10
27.8.10 Letter rec’d from Cap One saying they provided copy of current agreement on 15.7.10 and prior to that on the 8.7.10 a copy of original agreement. Also sent copy of scanned signature page of the original agreement signed by me and them. Prior to the signature I was provided with a full copy of t&c’s to keep and were sent a further copy of the original agreement with the 1st credit card. They have therefore complied with their obligation under s78 etc etc. Need to send to Niddy.
ASDA c/c.
24.5.10 CCA Request sent
1.6.10 Normal statement received showing £1.00 cca payment taken off as a cash payment.
3/06/10 CCA REMINDER SENT
4.6.10 DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.
25.06.2010 Copy of original Application form rec’d. UNENFORCEABLE RE NIDDY :UE
29.06.2010 S10 Cease and Desist posted
6.7.10 Letter from DCA rec’d in response to chase up stating they have responded and enclosing copy of details we rec’d 25.6.10
8.7.10 Normal statement received
2.8.10 Normal statement rec’d plus a letter advising I’ve failed to make concessionary payment. If no payments agreement will be cancelled, default registered etc wtg Niddy to see if I ignore
12.8.10 Default notice and default charges letters rec’d-no action req’d on these re niddy
13.8.10 Debtors final response cca recd letter sent to cl finance
25.8.10 Letter rec’d from CL stating they have fullfilled their obligations and sent a copy of the same info again.
CITI c/c
24.5.10 CCA Request sent
27.5.10 Response received awaiting copy of original from CITI
8.7.10 Response received stating they are still awaiting a copy of requested documents and will forward when this becomes available.
29.7.10 Letter rec’d stating they are following up their request for the docs requested and will forward a copy when available.
26.8.10 Letter rec’d they are still wtg orig docs from their client.
MBNA loan
24.5.10 CCA Request sent 25.05.2010 Delivered
10.6.10 No response. CCA Reminder Sent
25.6.10 Instalment default notice received stating full amount is now due and payable.- Ignored.
Barclaycard VISA
24.5.10 CCA Request sent
4.6.10 DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.
Halifax c/c
24.5.10 CCA Request sent
3.6.10. DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s. 15.6.10 Halifax letter rec’d stating they will contact as soon as they can to discuss my concerns in this matter.
10.7.10 Copy of agreement and a statement rec’d. Need to send to Niddy
21.7.10 Chase up for payment letter rec’d.
28.7.10 letter from 10.7.10 emailed to Niddy to check over
9.8.10 Letter rec’d “notice of pending legal action” instructed to prepare court papers etc from HC & CO SOLICITORS – wtg Niddy response
11.8.10 cca query letter sent to CL Finance as per niddy response to 28.7.10 letter.
13.8.10 Threat O Gram letter sent to HC Solicitors
19.8.10 Notice of default sums (£5.00) letter rec’d
25.8.10 Letter rec’d from CL stating they have obliged under their obligations to send details etc. Appears to be new page with my signature too. Need to send to Niddy
GE Money loan
24.5.10 CCA Request sent
5.6.10 Letter rec’d from DCA stating they own the debt but have requested info from GE Cap Woodchester. Up to 30 days to provide. 25.6.10 CCA received – Niddy says enforceable once T&C’s are sent
2.07.10 CCA Query sent re Niddy’s advice
4.8.10 Letter rec’d stating they have provided a copy of the agreement which complies with their obligation under the Cons credit act. Contact them to discuss the repayment to prevent further recovery action.
4.8.10 I received a letter thanking me for my correspondance and saying for me to be aware that they have provided me with a copy of the agreement which complies with the Consumer credit act 1974 and they do not consider the a/c to be in dispute. Pls contact to avoid further recovery action.
Wtg Niddys advice
13.8.10 Debtors final response CCA Rec’d letter sent
Cahoot c/c
24.5.10 CCA Request sent
2.6.10 Letter received stating they have requested the relevent documentation from their client and collection activity put on hold.
22.7.10 Letter with agreement received, need to send to Niddy
28.7.10 Email with 22.7.10 letter sent to Niddy.
11.8.10 enforceable so trying to blag so sent CCA query letter
20.8.10 Letter rec’d from Moorcroft due to impasse between us and their clients they are returning it to them and will cease any further activity with regard to it.
Cahoot Loan
24.5.10 CCA Request sent
04.06.2010 Delivered
10.06.2010 No response received. CCA Reminder sent
10.06.2010 CCA Rec’d email’d to Niddy to check
24.6.10 Letter rec’d saying looking into complaint
25.6.10 Re emailed Niddy for clarification on CCA
29.06.10 S10 Cease and Desist sent re Niddy
17.7.10 Letter rec’d acknowledging complaint stating they will investigate, bal still o/s etc etc.
28.7.10 transaction list for a/c received.
2.8.10 Letter rec’d apologising for delay.
2.8.10 Ltter rec’d refuting S.10 need to send to Niddy.
13.8.10 Debtors final response CCA rec’d letter sent
26.8.10 Letter rec’d saying I have defaulted on agreement to pay £18.78 per month. So now in arrears by £18.70. Their records show dealing through a 3rd party if no longer the case contact them directly. Inless payments are maintained there’s a possibility they may recommend to their clients to instruct solicitots for legal proceedings.
Mint c/c
24.5.10 CCA Request sent
3.6.10 Normal statement received.
10.06.10 CCA showing as still in Royal mails system!
10.06.10 CCA Reminder Sent
19.6.10 CCA Received –enforceable re Niddy but try to blag it.
29.06.2010 S10 Cease & Desist sent re Niddy
8.7.10 Normal statement received
15.7.10 Final demand for payment letter received saying if payment is not received they will send to DCA. Need to ask Niddy’s advice.
28.7.10 Letter received 15.7.10 explained in email to Niddy for response
2.8.10 Normal Statement rec’d
11.8.10 Sent debtors final response cca rec’d letter re Niddy
21.8.10 Letter rec’d stating do not consider in dispute
I need to update these as here were more developments within the thread on the old forum, plus some letters received whilst the new forums been getting up and running, but for now just wanted to copy over the original from the old forum to get started.
Don’t want to go into too much detail but basically our business failed and the debts started to mount, entered a DMP plan in 2006 which they estimated would be paid off in 2037 !!! Currently still have nigh on £82000.00 outstanding. Stopped paying them this April to undertake the UE route as all debts were prior to April 2007.
Here’s the latest state of play:
Barclaycard M/C
24.5.10 CCA Request sent
25.05.10 DELIVERED
10.06.10 No Response. CCA Reminder Sent
BOS c/c
24.5.10 CCA Request sent
26.5.10 Letter received stating they are awaiting documentation
2.6.10 Copy of orig signed form plus reconstituted current terms & conditions
3/06/10 Dispute section10 sent
3.6.10 Letter received from DCA chasing payment of O/S installments
15.6.10 Letter rec’d from DCA chasing payment arrears(no amount quoted)
21.06.10 Refusal to accept unenforcability sent with copy of s10 to both BOS and DCA
24.6.10 Letter rec’d stating unenforceable as they can’t find docs FINISHED AS PER NIDDY. :UE
10.7.10 Rec’d letter basically the same as the one rec’d on 24.6.10 stating they can’t find the reconstituted version of the executed agreement so can’t send. They sent signed copy of application form and T&C’s. They will not seek to enforce as they can’t find, but they don’t agree it’s unenforceable. Need to send to Niddy to make sure nothing new in what they’ve sent.
15.7.10 Payment chase up rec’d from DCA
28.7.10 Emailed the 10.7.10 letter and explained the Blair letter to Niddy.
13.8.10 Refusal by lender/dca to accept unenforceability letter sent to Blair
14.8.10 Letter from Wescot rec’d demanding payment..wtg Niddy
20.8.10 a/c sold while in dispute letter sent to Wescott along with a copy of letter sent to Blair on the 13.8.10
27.8.10 Letter from BOS ack receipt of letter dated 13.8.10 (sent to Blair) saying they can’t trace the recon version of the executed agreement and therefore are not in a position to provide a copy at this time. However they did provide a copy of the signed app form and current t&c’s. They are satisfied that the t&c’s of the agreement were on the reverse of the app form therefore I had seen them. They will not seek to enorce the agreement though the courts but it is not void. This is their final response on the matter.
Cap One c/c
24.5.10 CCA Request sent
3.6.10 Letter received stating looking into the situation, answer within 4 wks.
15.7.10 Reconstituted copy of original agreement rec’d incl a scanned copy of the signed signature page. Need to send to Niddy.
16.7.10 Payment chase up letter received threatening CCJ, Home visit etc.
17.7.10 Letter with current T&C’s received. Need to send to Niddy.
28.7.10 Emailed the 15th explained the contents of the 16th and emailed the 17th letters to Niddy. Unenforceable re Nids need to send CCA query letter.
31.7.10 Capquest sent threat of doorstep collection, possible litigation etc, wtg Nids to see if I should send anything back.
11.8.10 CCA query letter sent in response to Niddys response 28.7.10
13.8.10 a/c sold in default letter to capquest (copy hl legal)
13.8.10 threat o gram letter to hl legal (copy capquest)
18.8.10 Letter from cap one stating looking into situation.
19.8.10 Letter from Capquest rec’d – they have contacted their client and are awaiting a response.
25.8.10 Letter from HL Legal rec’d they state they have limited instructions in the matter and they are not instructed to enter into correspondance. They can confirm however that they have passed a copy onto their client and anticipate that they will now contact me direct.
27.8.10 Letter from Capquest enclosing letter from their client (Cap One dated 16.8.10). this states ref S.78 and that they are looking into my letter if it takes > 4 weeks they’ll contact to say why. Also copy of letter and info from 15.7.10
27.8.10 Letter rec’d from Cap One saying they provided copy of current agreement on 15.7.10 and prior to that on the 8.7.10 a copy of original agreement. Also sent copy of scanned signature page of the original agreement signed by me and them. Prior to the signature I was provided with a full copy of t&c’s to keep and were sent a further copy of the original agreement with the 1st credit card. They have therefore complied with their obligation under s78 etc etc. Need to send to Niddy.
ASDA c/c.
24.5.10 CCA Request sent
1.6.10 Normal statement received showing £1.00 cca payment taken off as a cash payment.
3/06/10 CCA REMINDER SENT
4.6.10 DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.
25.06.2010 Copy of original Application form rec’d. UNENFORCEABLE RE NIDDY :UE
29.06.2010 S10 Cease and Desist posted
6.7.10 Letter from DCA rec’d in response to chase up stating they have responded and enclosing copy of details we rec’d 25.6.10
8.7.10 Normal statement received
2.8.10 Normal statement rec’d plus a letter advising I’ve failed to make concessionary payment. If no payments agreement will be cancelled, default registered etc wtg Niddy to see if I ignore
12.8.10 Default notice and default charges letters rec’d-no action req’d on these re niddy
13.8.10 Debtors final response cca recd letter sent to cl finance
25.8.10 Letter rec’d from CL stating they have fullfilled their obligations and sent a copy of the same info again.
CITI c/c
24.5.10 CCA Request sent
27.5.10 Response received awaiting copy of original from CITI
8.7.10 Response received stating they are still awaiting a copy of requested documents and will forward when this becomes available.
29.7.10 Letter rec’d stating they are following up their request for the docs requested and will forward a copy when available.
26.8.10 Letter rec’d they are still wtg orig docs from their client.
MBNA loan
24.5.10 CCA Request sent 25.05.2010 Delivered
10.6.10 No response. CCA Reminder Sent
25.6.10 Instalment default notice received stating full amount is now due and payable.- Ignored.
Barclaycard VISA
24.5.10 CCA Request sent
4.6.10 DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.
Halifax c/c
24.5.10 CCA Request sent
3.6.10. DCA sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s. 15.6.10 Halifax letter rec’d stating they will contact as soon as they can to discuss my concerns in this matter.
10.7.10 Copy of agreement and a statement rec’d. Need to send to Niddy
21.7.10 Chase up for payment letter rec’d.
28.7.10 letter from 10.7.10 emailed to Niddy to check over
9.8.10 Letter rec’d “notice of pending legal action” instructed to prepare court papers etc from HC & CO SOLICITORS – wtg Niddy response
11.8.10 cca query letter sent to CL Finance as per niddy response to 28.7.10 letter.
13.8.10 Threat O Gram letter sent to HC Solicitors
19.8.10 Notice of default sums (£5.00) letter rec’d
25.8.10 Letter rec’d from CL stating they have obliged under their obligations to send details etc. Appears to be new page with my signature too. Need to send to Niddy
GE Money loan
24.5.10 CCA Request sent
5.6.10 Letter rec’d from DCA stating they own the debt but have requested info from GE Cap Woodchester. Up to 30 days to provide. 25.6.10 CCA received – Niddy says enforceable once T&C’s are sent
2.07.10 CCA Query sent re Niddy’s advice
4.8.10 Letter rec’d stating they have provided a copy of the agreement which complies with their obligation under the Cons credit act. Contact them to discuss the repayment to prevent further recovery action.
4.8.10 I received a letter thanking me for my correspondance and saying for me to be aware that they have provided me with a copy of the agreement which complies with the Consumer credit act 1974 and they do not consider the a/c to be in dispute. Pls contact to avoid further recovery action.
Wtg Niddys advice
13.8.10 Debtors final response CCA Rec’d letter sent
Cahoot c/c
24.5.10 CCA Request sent
2.6.10 Letter received stating they have requested the relevent documentation from their client and collection activity put on hold.
22.7.10 Letter with agreement received, need to send to Niddy
28.7.10 Email with 22.7.10 letter sent to Niddy.
11.8.10 enforceable so trying to blag so sent CCA query letter
20.8.10 Letter rec’d from Moorcroft due to impasse between us and their clients they are returning it to them and will cease any further activity with regard to it.
Cahoot Loan
24.5.10 CCA Request sent
04.06.2010 Delivered
10.06.2010 No response received. CCA Reminder sent
10.06.2010 CCA Rec’d email’d to Niddy to check
24.6.10 Letter rec’d saying looking into complaint
25.6.10 Re emailed Niddy for clarification on CCA
29.06.10 S10 Cease and Desist sent re Niddy
17.7.10 Letter rec’d acknowledging complaint stating they will investigate, bal still o/s etc etc.
28.7.10 transaction list for a/c received.
2.8.10 Letter rec’d apologising for delay.
2.8.10 Ltter rec’d refuting S.10 need to send to Niddy.
13.8.10 Debtors final response CCA rec’d letter sent
26.8.10 Letter rec’d saying I have defaulted on agreement to pay £18.78 per month. So now in arrears by £18.70. Their records show dealing through a 3rd party if no longer the case contact them directly. Inless payments are maintained there’s a possibility they may recommend to their clients to instruct solicitots for legal proceedings.
Mint c/c
24.5.10 CCA Request sent
3.6.10 Normal statement received.
10.06.10 CCA showing as still in Royal mails system!
10.06.10 CCA Reminder Sent
19.6.10 CCA Received –enforceable re Niddy but try to blag it.
29.06.2010 S10 Cease & Desist sent re Niddy
8.7.10 Normal statement received
15.7.10 Final demand for payment letter received saying if payment is not received they will send to DCA. Need to ask Niddy’s advice.
28.7.10 Letter received 15.7.10 explained in email to Niddy for response
2.8.10 Normal Statement rec’d
11.8.10 Sent debtors final response cca rec’d letter re Niddy
21.8.10 Letter rec’d stating do not consider in dispute
I need to update these as here were more developments within the thread on the old forum, plus some letters received whilst the new forums been getting up and running, but for now just wanted to copy over the original from the old forum to get started.
Comment