lookingforward's UE Diary

[PlanB]

Re: fedupwiththeworry's UE Diary

I'm lovin' this. MBNA congratulate you on being a "valued customer" becuase you kept to a repayment plan (presumably to pay loads less than the amount actually due each month). Whatever next? A bunch of flowers at my door to say Thank You for my £1 token payment. I know times are hard for MBNA but this is proper irony. It smacks of the begging "all donations will be gratefully received" poster outside my local Sally Army church. Maybe, just maybe, MBNA are getting Fed Up With The Worry too . . .

[lookingforward]

Re: fedupwiththeworry's UE Diary

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. Ignore re Niddy



Today a Statement rec'd from CL Finance - Ignoring

Today rec'd a Notice of default sums (£25.00) letter. This must be a yearly thing as I got one last Aug too (see above)

Ignoring this one too

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Today rec'd a Notice of default sums (£25.00) letter. This must be a yearly thing as I got one last Aug too (see above)

Ignoring this one too

Yep they have to issue a yearly statement, some do it twice a year which is also acceptable but at least once.

Just ignore

[Deepie]

Re: fedupwiththeworry's UE Diary

Yep they have to issue a yearly statement, some do it twice a year which is also acceptable but at least once.

Just ignore

Hi Niddy
What if they don't ?

[lookingforward]

Re: fedupwiththeworry's UE Diary

Just received another letter today regarding this same Halifax account.

Letter from UK Default Recovery stating their enquiries have revealed that I am resident at above address. It is important you contact us now on 0870 etc etc to discuss this debt. The payment slip shows cheques payable to Lewis Group. A quick Google search seems to indicate that UK Default are all part of the CL Finance/Lewis/Cohen collective.

Ignoring.

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

What if they don't ?

Hiya

See this:---> Your rights when you borrow money

Look for the red highlight...

Information the lender should give you about a credit agreement

Lenders should you give you the following pre contract information before you sign an agreement, so that you know what you are signing up to:

• details of the goods and services you have asked for
• the amount of credit or credit limit
• the interest rate
• how you should repay the amount borrowed including how much you will have to pay, the amount of the instalments and how often payments are due.

In practice lenders often only give you this information just before they give you the agreement to sign. You shouldn't feel under pressure to sign an agreement if you haven't had time to read the information and take it in. You can always ask to take away the information to look at and come back to sign the agreement later.


Once you have signed an agreement, the lender should send you a statement at least once a year, showing what you owe under the agreement. But you can ask for a statement at any time.

Now the official line, ie non Plain English legislation, is here: ---> Post-contract information - The Office of Fair Trading

[lookingforward]

Re: fedupwiththeworry's UE Diary

Annual statement rec'd from Link re GE loan (last correspondance was a year ago-which was the prev years statement)

Ignoring

[lookingforward]

Re: fedupwiththeworry's UE Diary

2 identical letters rec'd from Connaught offering a payment match.

Ignoring

This is the mbna/1st credit loan

Another discount if payment within certain timescales letter rec'd today.

Ignoring

[Paul.]

Re: fedupwiththeworry's UE Diary

This is the mbna/1st credit loan

Another discount if payment within certain timescales letter rec'd today.

Ignoring

the maxim "ignorance is no defence" springs to mind here

I can never advise someone to ignore correspondence in my professional capacity, in my view to do so is detrimental in the extreme

[lookingforward]

Re: fedupwiththeworry's UE Diary

the maxim "ignorance is no defence" springs to mind here

I can never advise someone to ignore correspondence in my professional capacity, in my view to do so is detrimental in the extreme

Hi Paul,

Confused now as I've been advised quite a few times to ignore various non-descript letters as have others I'm sure.

If we responded to every letter these DCA's send us it would cost a small fortune.

[Deepie]

Re: fedupwiththeworry's UE Diary

What have you sent so far ?

[lookingforward]

Re: fedupwiththeworry's UE Diary

What have you sent so far ?

This is the full story on this one:-

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

11.11.10 CCA chase up sent to 1st credit

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

19.11.10 Sent threat O Gram letter re Niddy

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

2.12.10 Letter from 1st 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 1st credit

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


29.12.10 Letter from 1st 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 1st credit


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

15.1.11 Letter from 1st 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 1st 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. 1st 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

[Deepie]

Re: fedupwiththeworry's UE Diary

Flipping heck..... you been through the mill with this one. No threat with there last letter, so yes... I would ignore that for now see what they send next

[Paul.]

Re: fedupwiththeworry's UE Diary

well, the reason i say is that i could never advise a client to ignore, likewise, it is only unenforceable when the District or Circuit Judge declares such.

Ignoring letters paints the picture to the judge of a serial debt avoider, the Harrison case should give a clear point on that.

[Deepie]

Re: fedupwiththeworry's UE Diary

I'm only going on past experience... there last threatening letter was back in March and done nothing so far