lookingforward's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thx Niddy

[lookingforward]

Re: fedupwiththeworry's UE Diary

Also received from 1st Credit a copy of the MBNA Loan agreement, I'll emailing it through Niddy

Thanks as always

This is a right mess, MBNA have cost themselves over £20k with this balls up ;;L

Ok, i'll put you out your misery - it is unenforceable nah

Why?

See here: ---> viewtopic.php?p=12111#p12111

This should be a multiple agreement with separate details and separate apr etc shown for the PPI (as it is in essence a separate loan) - as they have omitted all this, ooops!

Respond to 1st Crappy Credit with the following: ---> viewtopic.php?p=1503#p1503

Well done - result!

Received today:- Letter from 1st credit stating my letter has been passed to the appropriate dept and they shall respond in due course .

fair enough, not much they can respond with so ignoring gh

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Received today:- Letter from 1st credit stating my letter has been passed to the appropriate dept and they shall respond in due course .

fair enough, not much they can respond with so ignoring gh

Keep us updated

[lookingforward]

Re: fedupwiththeworry's UE Diary

2 letters today, 1st one is ref CL Finance/ASDA c/c

Todays Letter rec’d from Lewis Debt Recovery Final Demand. Notice issued on behalf of CL Finance Ltd, payment due 30.11.10 must pay or contact them to discuss options available. If not further action may result in extra collection charges and a debt collector may be instructed to visit my home to personally collect the debt.

Send this to Lewis: ---> viewtopic.php?p=20203#p20203 and merge this into it at the bottom, after the last paragraph:

Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Sorry couldn't carry on with the colour coding the page kept skipping about

Its cool, thanks for trying! Its best to just add a link to the original post if you can - when it gets this long ;;L

Hi Niddy,
Xmas post brought me a letter from Howard Caohen solicitors headed re CL Finance stating they have beeen instructed by the above named client due to their concern that the a/c has not been settled despite numerous requests for payment.
I should note if I fail to pay within the next 7 days (lol letter didn't arrive for 9 days) their instructions are to continue with further action against me.

To prevent further action I must make payment to their clients collection agent Lewis Debt Recovery by 21st Dec.

etc etc

Obviously all shut for Xmas so no rush for what to do next.

Thx Niddy, have a great Xmas with your family.

[lookingforward]

Re: fedupwiththeworry's UE Diary

BOS C/C Last payment 26.04.10


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 £28.77
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

20.8.10 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.


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

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.

Basically they want a payment proposal.

What letter should I respond to with this please Niddy ?

Thx as always

Sent the Threat by DCA to commence litigation letter as per Niddy and they have responded today stating they are investigating and will write again when the investigation is complete......ignoring

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.

Ignore I assume ?

[lookingforward]

Re: fedupwiththeworry's UE Diary

The other letter is from 1st credit re the MBNA loan Threat O Gram letter I sent them last week saying they have passed to the appropriate dept who shall respond in due course...ignoring.

Just ignore til they respond.

Letter rec'd today in response to my last letter (cca query missing prescribed terms letter) this a/c is re Niddy - This should be a multiple agreement with separate details and separate apr etc shown for the PPI (as it is in essence a separate loan) - as they have omitted all this, ooops!

Respond to 1st Crappy Credit with the following: ---> viewtopic.php?p=1503#p1503

Todays letter in response to that says the following:

They state they think it appears necessary to clarify the definition of a true copy of an agreement.
Where a creditor receives a request to supply a copy of the exec agreement, the consumer credit (cancellation notices and copies of docs) regs 1983 apply. Reg 3(1) sets out hat every copy of an exec agreement shall be a true copy.

Reg 3(2) goes on to state that there may be various info omitted from this true copy. Details which are not req'd to be in the agreement by law include the signature box, signature and date of signature. Therefore the effect of reg 3(2)is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to. The creditor is not obliged to make an actual photocopy of the agreement.

On this occasion 1st credit have exceeded the req'd obligations of the law and have provided you with an actual photocopy of the agreement you signed. Due to this we do not consider there to be a dispute o/s, thus are entitled to continue our attempts to collect the o/s sums owed.

They consider both the agreement and the T&C's sets out the prescribed terms in accordance with section 60(1) of the CCA 1974 and schedule 6 column 2 of the consumer credit (agreements) regs 1983.


They are fully aware of the OFT guidelines and do not consider to be in breach of these. An actual copy has been provided to me along with the relevent t&c's therefore they have fulfilled their obligations under the CCA 1974 and the default no longer continues. Should I report them to the OFT they will respond to them accordingly.

They are satisfied to my liability due to payments I have made towards the a/c since it has been assigned to 1st credit. Please contact our office within 14 days of the date of this letter with my proposals for settling the o/s balance failing which, the a/c will be referred to their solicitors for their consideration.

They look forward to hearing from me.

[lookingforward]

Re: fedupwiththeworry's UE Diary

BOS C/C Last payment 26.04.10


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 £28.77
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

20.8.10 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.


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

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.

Basically they want a payment proposal.

What letter should I respond to with this please Niddy ?

Thx as always

Sent the Threat by DCA to commence litigation letter as per Niddy and they have responded today stating they are investigating and will write again when the investigation is complete......ignoring

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.

Ignore I assume ?

Today I have a letter from Moorcroft stating they have been instructed by Ban of Scotland to collect the overdue debt.
It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.
To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Pymant should be submittred in full within 7 days or contact made with this office immediately, by phone/letter with payment offer. Both our client and ourselves do not wish to take this action etc but if agreement cannot be reached by 31.12.10 (hmmm didn't even get the letter by then) a claim may be issued by our clients solicitors without further notice.

Then a load of stuff about how judgements affect credit ratings etc.


BOS prev said (see above) that they wouldn't enforce, so don't know why yet another DCA is getting involved, especially as Iqor said they were putting on hold for 30 days. Do BOS send out to every DCA known to man ?

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hi Niddy,
Xmas post brought me a letter from Howard Caohen solicitors headed re CL Finance stating they have beeen instructed by the above named client due to their concern that the a/c has not been settled despite numerous requests for payment.
I should note if I fail to pay within the next 7 days (lol letter didn't arrive for 9 days) their instructions are to continue with further action against me.

To prevent further action I must make payment to their clients collection agent Lewis Debt Recovery by 21st Dec.

etc etc

Obviously all shut for Xmas so no rush for what to do next.

Thx Niddy, have a great Xmas with your family.

Send this back to Howard Conmen: ---> viewtopic.php?p=2319#p2319

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

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.

Ignore I assume ?

Yep, just ignore until they come back to you.....

In the meantime, you need to see my last post below on what to send back to the new DCA....

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Letter rec'd today in response to my last letter (cca query missing prescribed terms letter) this a/c is re Niddy - This should be a multiple agreement with separate details and separate apr etc shown for the PPI (as it is in essence a separate loan) - as they have omitted all this, ooops!

Respond to 1st Crappy Credit with the following: ---> viewtopic.php?p=1503#p1503

Todays letter in response to that says the following:

They state they think it appears necessary to clarify the definition of a true copy of an agreement.
Where a creditor receives a request to supply a copy of the exec agreement, the consumer credit (cancellation notices and copies of docs) regs 1983 apply. Reg 3(1) sets out hat every copy of an exec agreement shall be a true copy.

Reg 3(2) goes on to state that there may be various info omitted from this true copy. Details which are not req'd to be in the agreement by law include the signature box, signature and date of signature. Therefore the effect of reg 3(2)is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to. The creditor is not obliged to make an actual photocopy of the agreement.

On this occasion 1st credit have exceeded the req'd obligations of the law and have provided you with an actual photocopy of the agreement you signed. Due to this we do not consider there to be a dispute o/s, thus are entitled to continue our attempts to collect the o/s sums owed.

They consider both the agreement and the T&C's sets out the prescribed terms in accordance with section 60(1) of the CCA 1974 and schedule 6 column 2 of the consumer credit (agreements) regs 1983.


They are fully aware of the OFT guidelines and do not consider to be in breach of these. An actual copy has been provided to me along with the relevent t&c's therefore they have fulfilled their obligations under the CCA 1974 and the default no longer continues. Should I report them to the OFT they will respond to them accordingly.

They are satisfied to my liability due to payments I have made towards the a/c since it has been assigned to 1st credit. Please contact our office within 14 days of the date of this letter with my proposals for settling the o/s balance failing which, the a/c will be referred to their solicitors for their consideration.

They look forward to hearing from me.

Send this back to them, see how that goes down: ---> viewtopic.php?p=2317#p2317

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Today I have a letter from Moorcroft stating they have been instructed by Ban of Scotland to collect the overdue debt.
It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.
To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Pymant should be submittred in full within 7 days or contact made with this office immediately, by phone/letter with payment offer. Both our client and ourselves do not wish to take this action etc but if agreement cannot be reached by 31.12.10 (hmmm didn't even get the letter by then) a claim may be issued by our clients solicitors without further notice.

Then a load of stuff about how judgements affect credit ratings etc.


BOS prev said (see above) that they wouldn't enforce, so don't know why yet another DCA is getting involved, especially as Iqor said they were putting on hold for 30 days. Do BOS send out to every DCA known to man ?

Photocopy the last letter saying they'd not enforce then send a copy of it with this, to Moorcroft: ---> viewtopic.php?p=20195#p20195

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks very much Niddy, all going out today

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Cheers

[lookingforward]

Re: fedupwiththeworry's UE Diary

Today rec'd a letter from Barclaycard re Visa Card

Blue = sent
Red = Received

History thus far:

Last payment 27.04.10

24.5.10 CCA Request sent

4.6.10 CL Finance 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.

2.9.10 Statement 8.9.09 > 1.6.10 received from CL Finance

Todays letter headed re section 78 of the CCA 1974.
They go on to state what they must provide:- A copy of the executed agreement and a statement of a/c which is practicable to refer.
They then give the credit limit on the a/c £0.00 and the current balance £2900

Due to the current status the full o/s bal is now due, contact if experiencing financial difficulty etc

Please find enclosed a copy of your original executed agreement and a copy of the latest T&C's of the a/c prior to it being trans to the recoveries dept.

With ref to the civil procedure rules, we have provided you with sufficient info to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence-and the usual order is for the applicant to pay the costs of the application etc etc.

While there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

They are fully satisfied that the sum o/s by me remains legally due and payable, you should continue to pay etc etc

This completes their obligation to me under section 78 of the CCA 1974.

Enclosed are 3 pages of conditions (no mention of me by name or address just basic conditions) and 2 other sheets which consist of:
My name and address to left hand corner and an enclosed box with your right to cancel blurb. Attached to this are 2 pages with conditions and right to cancel info, again no mention of me by name etc on the forms.

Ignore ?

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Yep - ignore!