lookingforward's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

1st Credit/MBNA Loan - copied and pasted from my word diary so please excuse lack of formatting.

History so far :-

24.5.10 CCA Request sent

25.05.2010 Delivered

10.06.2010 No response. CCA Reminder Sent

25.6.10 Instalment default notice received. stating full amount is now due and payable.- Ignored.

1.11.10 Annual satement received today covering OCT 2009 > OCT 2010.
Also in the letter they are kindly offering me 30% off if I pay in November
Ignoring


9.11.10 Letter from 1^st credit introducing themselves stating they have been assigned the debt, had same letter years ago.

11.11.10 CCA chase up sent to 1^st credit

17.11.10 Threat of legal action letter rec’d from 1^st Credit.

19.11.10 Sent threat O Gram letter re Niddy

19.11.10 Letter from 1^st credit re CCA chase up saying they are looking into it and will respond in due course, ignore re Niddy.

26.11.10 Letter from 1^st credit re CCA chase up saying they are looking into it and will respond in due course

2.12.10 Letter from 1^st credit with copy of agreement rec’d – sent to Niddy via email


3.12.10 Unenforceable Re Niddy

3.12.10 CCA query missing prescribed terms letter to 1^st credit

17.12.10 Letter from 1^st credit stating my letter has been passed to the appropriate dept and they shall respond in due course


29.12.10 Letter from 1^st credit not agreeing they haven’t supplied the correct docs, need me to give a payment proposal with 14 days of letter (23/12)

5.1.11 Debtors final response upon a lender/dca claim it is enforceable to 1^st credit


10.1.11 Letter from 1^st credit saying looking into my letter and will respond in due course.

15.1.11 Letter from 1^st credit “a request for a copy of the agreement is not a dispute of the debt itself, it is an information request. You may consider this to be a dispute however we do not. Nonetheless, a copy of the agreement you signed was sent to you in November.

We reiterate that we consider the agreement and t&c’s, prev provided to you, contain the relevent prescribed terms in accordance with section 60(1) od the CCA 1974 and sced 6 col 2 of the consumer credit (agreements) regulations 1983.

A copy of the agreement and t&c’s and statement of account was provided to you in our letter blah blah.

We have fulfilled our obligations under the CCA 1974 and the debt is now due and payable.

Should you report the matter to trading standards, OFT, ICO and FOS, we will respond to them accordingly.

The account is now with our legal team for their consideration in this matter. I suggest you seek independent legal advice as a matter of urgency.


20.1.11 Letter from 1^st credit offering various discounts for payment


22.1.11 Ignoring re Niddy

4.2.11 Letter from connaught collections wanting payment within 7 days.


16.2.11 letter from Connaught today stating that as they are yet to receive an offer of repayment or valid reason for non payment they will shortly be returning the a/c to 1st credit - MBNA with a recommendation for further action, which may include a doorstep visit and or county court proceedings.

To avoid further action I must forward payment proposals etc


17.2.11 Threat by lender/dca to commence litigation letter sent

3.3.11 Letter from Connaught as follows: They refer to my letter 17.2.11 stating that I may consider the debt to be in dispute but they do not. 1^st credit discharged all statutory obligations pursuant to your sect 77 CCA (1974) request prior to the a/c being referred to them. We shall produce evidence in court to support our assertion should legal proceedings prove necessary. In the circumstances we would suggest you seek urgent legal advice on this issue as you appear to be misinformed as to what constitutes an unenforceable credit agreement. You have to date been provided with a copy of your loan agreement, a copy of a/c statements and a statement of a/c and your debt therefore is due and payable. We are not using “bullying tactics” to recover this o/s debt as you have suggested. We are seeking the repayment of an o/s debt which is due and payable, which you appear to be seeking to avoid paying on the basis of some non-existant technicality. As stated above the agreement is enforceable and should you fail to provide us with a reasonable offer of repayment within 7 days, you may leave us with no other option than to seek to enforce it.


3.3.11 emailed the letter to Niddy for him to look over.


9.3.11 Enough is enough letter to Connaught

14.3.11 Letter from Connaught ack my letter 9.3.11. they state that we confirm that you may consider this debt to be “formally disputed” we however do not. The credit agreement provided to you does conatin the prescribed terms, as defined by the CCA 1974

A loan agreement is a fixed sum credit agreement and accordingly the prescribed terms are:

Amount of credit – A term stating the amount of credit.
And
Repayments – A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:-
Number of repayments
Amount of repayments
Frequency and timing of payments
Dates of repayments
The manner in which any of the above may be determined, or in any other way, and any power of the creditor to vary what is payable.

All of the above information is contained within section 1 of the loan agreement.

Your suggestion therefore that we are prevented from enforcing the o/s debt as a result of the credit agreement omitting the prescribed terms of a fixed sum credit agreement is quite simply wrong.

I can confirm if you fail to provide us with an offer of repayment within fourteen days, we shall have no other option than to seek to obtain a CCJ against you.

Their letter is dated 11.3.11

15.3.11 Threat o gram – letter before action letter to connaught

19.3.11 Letter from Connaught thanking me for my letter which has been passed to the appropriate dept and they shall respond in due course.


26.3.11 Letter from Connaught thanking me for my letter and states “we are disappointed you have failed to provide us with an offer of repayment. Your assertion this debt is unenforceable is incorrect and you have to date failed to raise any valid dispute. I therefore confirm you’re a/c will now be referred to our legal dept to consider legal action against you. I the circumstances we would suggest you obtain urgent independent legal advice on this matter.


23.4.11 Letter from Connaught offering me various discounts for payments made within certain timescales as and I quote “in times of economic hardship and through maintaining your repayment plan, you have proven to be a valued customer” unquote.

11.5.11 Another offer of discounts letter from Connaught


14.7.11 Letter from Connaught offering to pay 70% if I pay 30% within 1 month, then smaller discounts for payments later in the year.

21.8.11 2 identical letters offering a payment match

16.9.11 Letter from Connaught offering discounts up to 60% etc

31.10.11 Annual statement 1.10.10 > 30.9.11 rec’d

9.2.12 Letter from Connaught offering 50% discount. This will be held for 21 days after which time the a/c will be passed back to their client to review for further action.


21.4.12 Letter from 1^st credit. They are disappointed that despite their attempts I have either not communicated or paid the debt in full. Given this they have engaged the services of a DCA, and my a/c has been transferred to that DCA.

Their instructions to the DCA are to collect the o/s debt on their behalf, as part of this they may visit my premises to discuss, with the intention of repayment of the debt. They will communicate before they visit. All payments should be made to the DCA.


23.4.12 Account sold whilst in dispute letter to Mack Hall


10.5.12 Have heard back from Mack Hall re my letter in relation to my req for a copy of the orig agreement under CCA 1974. The a/c is currently on hold status awaiting docs from 1st credit, however before they can be req 1st credit require a £1.00 P.O. enclosed with the request made payable to themselves rather than Mack Hall. Send the PO and req to Mack Hall.

Going round in circles because I've already had the copy agreement which Niddy said is so I don't need another.



10.5.12 Advised to ignore by In 2 deep


6.7.12 Letter from Meritforce (doorstep collection agents) who state they have been instructed by Mack Hall to collect the debt on their behalf. An authorised collector may majke a visit to my property in the next 10 days (letter dated 2.7.12) Should the collector inform them that no positive commitment towards clearing the debt has taken place, my a/c will be returned to this office and formal proceedings may be considered. If you do not want our collector to call and want to arrange settlement you must contact clients Mack Hall. Fail to make payments, costs may be added etc etc.


9.7.12 Harassment and threat of doorstep visit (with part about keep trying to contact taken out) letter sent.

16.8.12 Letter from 1^st credit stating despite numerous attempts to discuss with you payment of this o/s debt, you have not communicated or paid in full. Given this we have decided to engage the services of credit security ltd and you’re a/c has been transferred to them. Our instructions to them are to seek to attempt to collect the debt etc etc and they may visit my property in order to discuss etc etc. Please contact them.

16.8.12 Letter from credit security stating they have been instructed to collect etc, payment should be made in 7 days, or discuss with advisors.


20.8.12 a/c sold whilst in dispute letter to credit security.

23.8.12 Letter from Cred Sec saying they cannot trace a reply to their recent letter and demanding payment immediately. Failure to comply could result in a debt coll calling for payment.

25.8.12 Letter from cred sec (sent rec del but put through letter box, so not signed for) re mine of 20.8.12. They enclose a copy of loan agreement (2 of the 5 pages that 1^st credit sent prev and Niddy said was UE in post 86 on page 5) , and a statement. Go on to say they trust the position has been clarified and look forward to receiving a payment and payment proposal or full details of any specific dispute so the matter can be resolved.


28.8.12 CCA Query – Missing prescribed terms letter to cred sec

31.10.12 Annual statement 1.10.2011 > 30.09.12 rec’d

7.5.13 Letter from 1^st credit offering various discounts

13.6.13 Letter from 1^st credit offering various discounts

4.11.13 Letter dated 1.11.13 encl annual statement 1.10.12 > 30.9.13 and I can phone to discuss payment options etc


Today a Letter from 1^st Credit stating that as they are unaware of any legally valid reason for non-payment they are considering assigning a field agent to visit. To attempt to avoid this they enclose a one off settlement offer etc etc

Advice welcomed as always

Following on from this I sent the Threat of doorstep visit letter, they replied stating that they do not employ doorstep agents and asked me to make an offer, which I didn't. I've since had 2 more letters asking for offers/giving discounts which I've ignored.

Today i've received a letter from 1^st credit titled Customer Options. They notice that they have not been able to assist me in resolving the debt. They would like to offer me a few options, would I be in a position to agree one of them ?
What can I offer in instalments ?
Would I like to seek advice from a non fee charging Debt management Co ?

If I wish to speak to an agent tel …..

So I'm tempted to ignore this as well as it's going round in circles, but wanted to check it's ok to ignore 3 letters on the spin

[ScabHunter]

Re: lookingforward's UE Diary

Yes, I wouldn't normally advocate ignoring three letters in a row, but this one is so silly there really isn't much else you can do with it. It is usually a good sign when debt collectors keep making reduced payment “offers”, and this is after their alter-ego Connaught made serious threats which they did not follow through on.

I would ignore for now if it was me.

SH

[lookingforward]

Re: lookingforward's UE Diary

Yes, I wouldn't normally advocate ignoring three letters in a row, but this one is so silly there really isn't much else you can do with it. It is usually a good sign when debt collectors keep making reduced payment “offers”, and this is after their alter-ego Connaught made serious threats which they did not follow through on.

I would ignore for now if it was me.

SH

Will do thanks

[lookingforward]

Re: lookingforward's UE Diary

Another letter to be ignored from 1st credit

"We invite you to make us an offer. If not will pass to in house collectors Connaught ."

Going round in circles

[lookingforward]

Re: lookingforward's UE Diary

Another letter to be ignored from 1st credit

"We invite you to make us an offer. If not will pass to in house collectors Connaught ."

Going round in circles

OK so as promised I have rec'd a letter from Connaught " we have been instructed to recover etc etc", "you now need to make repayment to us etc etc", "if you are not in a position to repay get in touch, please complete I&E"

They go on to state that they are a Dept within 1st Credit and the SAE is addressed to 1st Credit.

From my diary this is what happened last time I had dealings with them in 2011






4.2.11 Letter from connaught collections wanting payment within 7 days.


16.2.11 letter from Connaught today stating that as they are yet to receive an offer of repayment or valid reason for non payment they will shortly be returning the a/c to 1st credit - MBNA with a recommendation for further action, which may include a doorstep visit and or county court proceedings.

To avoid further action I must forward payment proposals etc


17.2.11 Threat by lender/dca to commence litigation letter sent

3.3.11 Letter from Connaught as follows: They refer to my letter 17.2.11 stating that I may consider the debt to be in dispute but they do not. 1^st credit discharged all statutory obligations pursuant to your sect 77 CCA (1974) request prior to the a/c being referred to them. We shall produce evidence in court to support our assertion should legal proceedings prove necessary. In the circumstances we would suggest you seek urgent legal advice on this issue as you appear to be misinformed as to what constitutes an unenforceable credit agreement. You have to date been provided with a copy of your loan agreement, a copy of a/c statements and a statement of a/c and your debt therefore is due and payable. We are not using “bullying tactics” to recover this o/s debt as you have suggested. We are seeking the repayment of an o/s debt which is due and payable, which you appear to be seeking to avoid paying on the basis of some non-existant technicality. As stated above the agreement is enforceable and should you fail to provide us with a reasonable offer of repayment within 7 days, you may leave us with no other option than to seek to enforce it.


3.3.11 emailed the letter to Niddy for him to look over.


9.3.11 Enough is enough letter to Connaught

14.3.11 Letter from Connaught ack my letter 9.3.11. they state that we confirm that you may consider this debt to be “formally disputed” we however do not. The credit agreement provided to you does conatin the prescribed terms, as defined by the CCA 1974

A loan agreement is a fixed sum credit agreement and accordingly the prescribed terms are:

Amount of credit – A term stating the amount of credit.
And
Repayments – A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:-
Number of repayments
Amount of repayments
Frequency and timing of payments
Dates of repayments
The manner in which any of the above may be determined, or in any other way, and any power of the creditor to vary what is payable.

All of the above information is contained within section 1 of the loan agreement.

Your suggestion therefore that we are prevented from enforcing the o/s debt as a result of the credit agreement omitting the prescribed terms of a fixed sum credit agreement is quite simply wrong.

I can confirm if you fail to provide us with an offer of repayment within fourteen days, we shall have no other option than to seek to obtain a CCJ against you.

Their letter is dated 11.3.11

15.3.11 Threat o gram – letter before action letter to connaught

19.3.11 Letter from Connaught thanking me for my letter which has been passed to the appropriate dept and they shall respond in due course.


26.3.11 Letter from Connaught thanking me for my letter and states “we are disappointed you have failed to provide us with an offer of repayment. Your assertion this debt is unenforceable is incorrect and you have to date failed to raise any valid dispute. I therefore confirm you’re a/c will now be referred to our legal dept to consider legal action against you. I the circumstances we would suggest you obtain urgent independent legal advice on this matter.


23.4.11 Letter from Connaught offering me various discounts for payments made within certain timescales as and I quote “in times of economic hardship and through maintaining your repayment plan, you have proven to be a valued customer” unquote.

11.5.11 Another offer of discounts letter from Connaught


14.7.11 Letter from Connaught offering to pay 70% if I pay 30% within 1 month, then smaller discounts for payments later in the year.

21.8.11 2 identical letters offering a payment match

16.9.11 Letter from Connaught offering discounts up to 60% etc

31.10.11 Annual statement 1.10.10 > 30.9.11 rec’d

9.2.12 Letter from Connaught offering 50% discount. This will be held for 21 days after which time the a/c will be passed back to their client to review for further action.






So bearing in mind this is still 1st Credit do I sit and wait to see what they say next or fire off some form of response ?

Thx

[lookingforward]

Re: lookingforward's UE Diary

Any thoughts please ?

Thx

[Deepie]

Re: lookingforward's UE Diary

Any thoughts please ?

Thx

Just had a quick read

if they were offering me 50% discount ....and looks like they have offered this before and more .......

I'd just sit and wait and see what they do next ....if it were me

[cymruambyth]

Re: lookingforward's UE Diary

If you continue to ignore and they start to get more heavy handed then ask Niddy to get in touch with his contact at 1stC.

[lookingforward]

Re: lookingforward's UE Diary

Thx to you both, the 50% discount was in 2012 from the last time conn were involved. I just pasted "their" section from my diary, the full goings on with this a/c are in post 421.

I have no money to offer them so discounts are no good, unless they offer a 100% one.. haha

Will ignore this one

[lookingforward]

Re: lookingforward's UE Diary

Thx to you both, the 50% discount was in 2012 from the last time conn were involved. I just pasted "their" section from my diary, the full goings on with this a/c are in post 421.

I have no money to offer them so discounts are no good, unless they offer a 100% one.. haha

Will ignore this one

Letter from Connaught :

They are currently unaware if I intend making payments or are unable to do so at this time.

So can I either ,

Make a partial payment, they can offer discount of up to 50%
Make an offer of repayment by installments, agent will work with me etc
Inform them why I am not prepared to make a payment

If they do not hear within 10 days my case may be reviewed for further action which could result in an escallation in collections activity such as further letters or phone calls

Connaught is a dept within 1st credit.


So basically they know the score, or at least should do if they read the file, so the most they can do is threaten more letters or phone calls (good luck it's un-plugged)

I'm thinking of waiting for the next letter before replying with a the A/C is in dispute letter, but open to suggestions

Thx

[ScabHunter]

Re: lookingforward's UE Diary

They are just playing silly buggers. So, they offer discounts of "up to 50%" (LOL), and then make a threat of further letters or telephone calls??

Scary, isn't it? NOT!

I'd ignore this silliness and wait for the next one. I wouldn't advocate ignoring them permanently, but for now they're not worth wasting a stamp on.

SH

[lookingforward]

Re: lookingforward's UE Diary

They are just playing silly buggers. So, they offer discounts of "up to 50%" (LOL), and then make a threat of further letters or telephone calls??

Scary, isn't it? NOT!

I'd ignore this silliness and wait for the next one. I wouldn't advocate ignoring them permanently, but for now they're not worth wasting a stamp on.

SH

Thanks, my thoughts too

[lookingforward]

Re: lookingforward's UE Diary

Quick update on Cahoot (Santander) flexi loan.

Last paid anything in 2010 and after a couple of years of letters it's been quiet and have only been receiving statements for the last 3 years. Got another one today that has an entry in Aug 2014 "transfer to debt purchaser" There's a leaflet with it that states they are allowed to do this and I will hear from the 3rd party company soon if I haven't already.
Haven't heard anything so will do nothing until I do and then I assume I send the sold whilst in dispute letter ?

[PlanB]

Re: lookingforward's UE Diary

Cahoot (Santander) flexi loan. . . . in Aug 2014 "transfer to debt purchaser" . . . . states they are allowed to do this and I will hear from the 3rd party company . . . . Haven't heard anything so will do nothing until I do

Yep, do nothing until you hear from the phantom "debt purchaser".

If they didn't tell you the name of the purchaser, the balance outstanding, and who you should pay in future then it's not a proper Notice of Assignment. Oooops.

I had a letter from Santander telling me that they had sold my debt to Arrow Global who never made contact and that was over a year ago

[lookingforward]

Re: lookingforward's UE Diary

Thanks PB. They did say how much had been transferred and when but not to whom ...so I'll be waiting