lookingforward's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

sure modify to suit your position

Will do ta,

[lookingforward]

Re: fedupwiththeworry's UE Diary

Lowells have responded today saying they have requested the info from Barclays

[garlok]

Re: fedupwiththeworry's UE Diary

Hi fedup, Sit and wait it out to see what Lowells send back to you now. It is likely that at some time considering Niddy has said this is UE a while back they will send you a letter closing their files on this account if and until Barclays come up with the goods. we recently had two and a number of other members had them as well. It would seem BC sold a load of accounts which were UE (Lowells lemons a specialty) for peanuts and lowells are after easier prey once they realise you may fight.

regards
Garlok

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Lowells have responded today saying they have requested the info from Barclays

yawn, how typically boring of them

[lookingforward]

Re: fedupwiththeworry's UE Diary

BOS C/C

Story so far:-

Last payment Apr 2010

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 Blair Oliver & Scott chasing payment of £28.00
15.6.10 Letter rec’d from Blair etc chasing payment arrears(no amount quoted)
21.06.10 Refusal to accept unenforcability sent with copy of s10 to both BOS and Blair Oliver Scott.
24.6.10 Letter rec’d stating unenforceable as they can’t find docs


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 when BB back up.


15.7.10 Payment chase up rec’d from Blair Oliver Scott.


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

20.8.10a/c sold while in dispute letter sent to Wescott along with a copy of letter sent to Blair on the 13.8.10

27.8.10Letter 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.


24.9.10 C/C statement rec’d stating if I don’t make a payment they will take from another a/c or savings a/c with them even if it’s a joint a/c. Ignore re Niddy

20.10.10 Letter received today from IQOR Recovery Services Ltd stating mastercard gold card have passed the debt onto them with instructions to recover the o/s balance in full. Threats in the letter include that they may take legal action in the county court/sherrif court which may result in a judgement against me, or they may instruct a debt collector to visit mt home and collect the debt personally.
22.10.10 Threat by DCA/Lender to commence litigation letter sent to Iqor re Niddy

30.10.10 Reply from Iqor stating they are investigating and will write again when complete

24.12.10 Letter from Iqor rec'd today stating their investigation is complete, they rec'd the a/c for collection on 15th Oct and attempted to contact once by phone so in their opinion that number of attempts does not constitute harassment. They have rec'd a request from their client HBOS to hold the a/c for a further 30 days. So they have put on hold pending further instructions from their client.

4.1.11 Letter from moorcroft warning of litigation if payment or payment proposal not rec’d by 31.12.10.

5.1.11 cca query letter prev confirming no cca avail at BOS sent to moorcroft (with copy of bos letter)

7.1.11 Threat of litigation letter from Moorcroft dated 4th so before my latest letter was sent.

13.1.11 Letter from Moorcroft re my letter writing to say that they require a monthly repayment proposal I can afford and maintain to enable them to assist me further.

25.2.11 Letter from Moorcroft giving last opportunity to prevent more serious action being taken is to pay £50 p/m. Unless payment rec’d by 27.2.11 they may recommend court proceedings to be commenced against me by external solicitors without further notice, affect credit rating etc.

28.2.11 Re-sent cca query letter prev confirming no cca avail at BOS sent to moorcroft (with copy of bos letter) this time sent SD as orig 5.1.11 letter still showing as in system by royal mail


5.3.11 Letter from moorcroft confirming their client is currently unable to prove a signed copy of the agreement relating to this a/c. Please be aware however that the courts have recently held that the inability of a creditor to produce a copy of the agreement does not mean that the debt does not exist and will be written off. They quote McGuffick V RBS “although the CCA may render the agreement UE, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist”

Our client confirms there remains an obligation to honour the original agreement and that information will continue to be supplied to the CRA’s the purpose of this is blah blah… the courts have held that demanding of payment, issuing of default notices and instructing a 3rd party to demand or seek payment does not amount to enforcement. Our clients position therefore remains that the bal of you’re a/c remains due and payable and your credit file will continue to reflect that this a/c is in default etc etc.

We can confirm that we have placed you’re a/c on hold for 14 days and request that you make contact with us to discuss the position and can confirm on a without prejudice basis that it would be our aim to reach a possible discounted agreement based upon your financial circumstances and to discuss a repayment proposal that you can afford and maintain.


9.3.11 Enough is enough letter sent to Moorcroft.


10.3.11 Letter from Moorcroft rec’d dated 4.3.11 ack my recent correspondance (must be 28.2.11 letter) assuring me a/c is on hold while they investigate the matter further with their client.


26.4.11 Statement from BOS also stating that if I do not make a payment, thye may take funds I have available in another current or savings a/c I hold with them even if it is a joint a/c


31.10.11 Statement from BOS also stating that if I do not make a payment, they may take funds I have available in another current or savings a/c I hold with them even if it is a joint a/c


31.1.12 Letter fom BOS stating that they have assigned all it’s respective rights, title and interest to Wescott SPV ltd effective 30.11.11 (letter dated 24.1.12). Under the trems of this assignment Wescot is now the data controller of my personal data contained in the records of this account. Wescot credit services has been appointed by Wesscot SPV Ltd to manage the a/c, payment, correspondance etc to go to them. I should contact Wescot CS as a matter of urgency.

Today letter rec'd from Wescot I've condensed down to the saliant points again:-

Letter from Wescot stating assignment and stating that the debt is now legally owned by Wescot and has been passed to wescot credit services for collection. They will take the necessary action to recover the o/s bal etc. If I ignore this letter further recovery action will be taken. To prevent further action I must contact them by 9th Feb to make arrangement to pay. If I have any concerns regarding the future conduct of the a/c or have a genuine reason to dispute the debt I should contact them asap.

Any thoughts on what to send appreciated.

Thx

[Deepie]

Re: fedupwiththeworry's UE Diary

Send them this with a copy of the letter you have > CCA Query - Letter Previously Confirming No CCA

[MrsD]

Re: fedupwiththeworry's UE Diary

they bought a great big turkey!!!

[lookingforward]

Re: fedupwiththeworry's UE Diary

Will send in the post today thanks.

A turkey that they've purchased with peanuts

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hi fedup, Sit and wait it out to see what Lowells send back to you now. It is likely that at some time considering Niddy has said this is UE a while back they will send you a letter closing their files on this account if and until Barclays come up with the goods. we recently had two and a number of other members had them as well. It would seem BC sold a load of accounts which were UE (Lowells lemons a specialty) for peanuts and lowells are after easier prey once they realise you may fight.

regards
Garlok

Well guess what ?, you were right
Letter rec'd stating the a/c has been closed as they cannot find the orig agreement. There will be no further contact unless b/c send them the agreement at some point in the future.

[lookingforward]

Re: fedupwiththeworry's UE Diary

BOS C/C

Story so far:-

Last payment Apr 2010

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 Blair Oliver & Scott chasing payment of £28.00
15.6.10 Letter rec’d from Blair etc chasing payment arrears(no amount quoted)
21.06.10 Refusal to accept unenforcability sent with copy of s10 to both BOS and Blair Oliver Scott.
24.6.10 Letter rec’d stating unenforceable as they can’t find docs


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 when BB back up.


15.7.10 Payment chase up rec’d from Blair Oliver Scott.


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

20.8.10a/c sold while in dispute letter sent to Wescott along with a copy of letter sent to Blair on the 13.8.10

27.8.10Letter 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.


24.9.10 C/C statement rec’d stating if I don’t make a payment they will take from another a/c or savings a/c with them even if it’s a joint a/c. Ignore re Niddy

20.10.10 Letter received today from IQOR Recovery Services Ltd stating mastercard gold card have passed the debt onto them with instructions to recover the o/s balance in full. Threats in the letter include that they may take legal action in the county court/sherrif court which may result in a judgement against me, or they may instruct a debt collector to visit mt home and collect the debt personally.
22.10.10 Threat by DCA/Lender to commence litigation letter sent to Iqor re Niddy

30.10.10 Reply from Iqor stating they are investigating and will write again when complete

24.12.10 Letter from Iqor rec'd today stating their investigation is complete, they rec'd the a/c for collection on 15th Oct and attempted to contact once by phone so in their opinion that number of attempts does not constitute harassment. They have rec'd a request from their client HBOS to hold the a/c for a further 30 days. So they have put on hold pending further instructions from their client.

4.1.11 Letter from moorcroft warning of litigation if payment or payment proposal not rec’d by 31.12.10.

5.1.11 cca query letter prev confirming no cca avail at BOS sent to moorcroft (with copy of bos letter)

7.1.11 Threat of litigation letter from Moorcroft dated 4th so before my latest letter was sent.

13.1.11 Letter from Moorcroft re my letter writing to say that they require a monthly repayment proposal I can afford and maintain to enable them to assist me further.

25.2.11 Letter from Moorcroft giving last opportunity to prevent more serious action being taken is to pay £50 p/m. Unless payment rec’d by 27.2.11 they may recommend court proceedings to be commenced against me by external solicitors without further notice, affect credit rating etc.

28.2.11 Re-sent cca query letter prev confirming no cca avail at BOS sent to moorcroft (with copy of bos letter) this time sent SD as orig 5.1.11 letter still showing as in system by royal mail


5.3.11 Letter from moorcroft confirming their client is currently unable to prove a signed copy of the agreement relating to this a/c. Please be aware however that the courts have recently held that the inability of a creditor to produce a copy of the agreement does not mean that the debt does not exist and will be written off. They quote McGuffick V RBS “although the CCA may render the agreement UE, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist”

Our client confirms there remains an obligation to honour the original agreement and that information will continue to be supplied to the CRA’s the purpose of this is blah blah… the courts have held that demanding of payment, issuing of default notices and instructing a 3rd party to demand or seek payment does not amount to enforcement. Our clients position therefore remains that the bal of you’re a/c remains due and payable and your credit file will continue to reflect that this a/c is in default etc etc.

We can confirm that we have placed you’re a/c on hold for 14 days and request that you make contact with us to discuss the position and can confirm on a without prejudice basis that it would be our aim to reach a possible discounted agreement based upon your financial circumstances and to discuss a repayment proposal that you can afford and maintain.


9.3.11 Enough is enough letter sent to Moorcroft.


10.3.11 Letter from Moorcroft rec’d dated 4.3.11 ack my recent correspondance (must be 28.2.11 letter) assuring me a/c is on hold while they investigate the matter further with their client.


26.4.11 Statement from BOS also stating that if I do not make a payment, thye may take funds I have available in another current or savings a/c I hold with them even if it is a joint a/c


31.10.11 Statement from BOS also stating that if I do not make a payment, they may take funds I have available in another current or savings a/c I hold with them even if it is a joint a/c


31.1.12 Letter fom BOS stating that they have assigned all it’s respective rights, title and interest to Wescott SPV ltd effective 30.11.11 (letter dated 24.1.12). Under the trems of this assignment Wescot is now the data controller of my personal data contained in the records of this account. Wescot credit services has been appointed by Wesscot SPV Ltd to manage the a/c, payment, correspondance etc to go to them. I should contact Wescot CS as a matter of urgency.

Today letter rec'd from Wescot I've condensed down to the saliant points again:-

Letter from Wescot stating assignment and stating that the debt is now legally owned by Wescot and has been passed to wescot credit services for collection. They will take the necessary action to recover the o/s bal etc. If I ignore this letter further recovery action will be taken. To prevent further action I must contact them by 9th Feb to make arrangement to pay. If I have any concerns regarding the future conduct of the a/c or have a genuine reason to dispute the debt I should contact them asap.

Any thoughts on what to send appreciated.

Thx

CCA Query - Letter Previously Confirming No CCA sent and have rec'd ack my query and that they will suspend all collections activity whilst the matter is being investigated.

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Well guess what ?, you were right
Letter rec'd stating the a/c has been closed as they cannot find the orig agreement. There will be no further contact unless b/c send them the agreement at some point in the future.

excellent result - well done you

[Pixie]

Re: fedupwiththeworry's UE Diary

Great result!

[samsmum]

Re: fedupwiththeworry's UE Diary

Well done you

[IF]

Re: fedupwiththeworry's UE Diary

I'm so pleased for you FUWTW

[oldyboy]

Re: fedupwiththeworry's UE Diary

Excellent news, well done!