lookingforward's UE Diary

[PlanB]

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

As I found out the hard way recently But the art is to figure out which letters you can safely ignore and which you can't. Some threats of litigation are blatant bluffs, and some are more subtle but seriously potent. If in doubt ask a mod to read between the lines for you- the actual wording of the letter not just your 'take' on it. Silence from a DCA doesn't always mean surrender, it can mean they're plotting the next move behind the scenes. The mods know what they're doing but they can only be as good as the information we give them.

I'm learning to assess and analyse the attitude and company policy of each DCA I'm up against. Some will listen and back off while investigating potential UE (in my case CapQuest, Cabot, AIC, Fredricksons & Westcot) while others don't give a shit and will simply go for you regardless (in my case Lewis Debt Recovery using Howard Cohen solicitors who issue 100,000 online summons via Northampton County Court each year , and Experto Credite using SDs to bully payments out of you ) all on a worth-a-try basis. Barclays seem to me to be in a world of their own. It's been hard to relate their replies to my letters because we're clearly speaking a different language.

But do the mods a favour and remind them whether you're a homeowner or not because that impacts on everything. If you've got a house at risk then that's a whole other story in comparison to a debtor praying for a creditor to make them bankrupt so they can dump their debts and start afresh

It's called risk assessment isn't it?

One size doesn't fit all, and if CC comes along with one of his smutty replies to that remark I'll have to give him a slap!

Plan B x

[PlanB]

Re: fedupwiththeworry's UE Diary

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.

Worth every penny? I now go with one-liners such as "thank you for your letter, may I refer you to my last letter dated no-so-long-ago copy attached". That's 36p (2nd class mail) well spent from where I'm standing Like I say it all depends on whether you are a homeowner or not.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Worth every penny? I now go with one-liners such as "thank you for your letter, may I refer you to my last letter dated no-so-long-ago copy attached". That's 36p (2nd class mail) well spent from where I'm standing Like I say it all depends on whether you are a homeowner or not.

Thanks PlanB,

I get where you are coming from, although surely if it's sent 2nd class they could just deny receiving it if they wanted to play silly buggers ?

Like I said though I get where you're coming from although with these recent letters offering discounts, they just give timescales for the varying levels so basically there's nothing much to respond to. If I said sorry can't afford to I'd be admitting the debt would think.

[PlanB]

Re: fedupwiththeworry's UE Diary

Thanks PlanB,

I get where you are coming from, although surely if it's sent 2nd class they could just deny receiving it if they wanted to play silly buggers ?

Like I said though I get where you're coming from although with these recent letters offering discounts, they just give timescales for the varying levels so basically there's nothing much to respond to. If I said sorry can't afford to I'd be admitting the debt would think.

You're absolutely right. But I invested in a basic fax machine costing me £49 ages ago so now send a duplicate of everything by fax which gives me a "delivery status OK" on the fax journal. Of course they can deny receipt and play silly buggers in court, but what didn't they get any of the 4,000 letters I sent asks the DJ? Royal Mail is bad, but not that bad. Anything important I send by Recorded Delivery as Niddy advises it's just the one-liners I send regular mail. Anyway I'm not going to court if I don't take my eye off the ball It's a different story if you're going for the statute barred thing and don't want to acknowledge your debt which is why I say one size doesn't fit all.

Plan B x

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Worth every penny? I now go with one-liners such as "thank you for your letter, may I refer you to my last letter dated no-so-long-ago copy attached". That's 36p (2nd class mail) well spent from where I'm standing Like I say it all depends on whether you are a homeowner or not.

Please stop portraying this ridiculous idea and painting a picture against your own case. It's unfair and downright irresponsible based on the stress you put yourself through - you should know best.

The general consensus has, and hasn't changed because of the illegal activities involved in your isolated case, and remains that when you've responded to a dca which has gone ignored you're fine to continue to await a response. Yea, we can all sit here and say "what if" - but we don't cos we prefer to hope they won't push it that far.

In your case you found out they broke the law; it was isolated and not the norm.

[Never-In-Doubt]

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.

Mate but we don't let it get that far.

With planB we knew nothing about it till she told us.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Halifax/CL Finance

This is the full story on this one:-

24.5.10 CCA Request sent

3.6.10. 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.

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 when BB is back.

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 – ignore re Niddy

11.5.11 Statement rec’d

1.9.11 rec'd a Notice of default sums (£25.00) letter

2.9.11 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.

Today another letter from UK Default Rec. stating despite being given numerous opportunities to repay this debt, bal remains o/s. To stop further action, you have 2 options.
Pay or call to make arrangement
If no response within 72 hrs from the date of letter, no option but to instigate furher action.
Letter dated 14/9 rec'd 17/9 no date stamp on envelope.

[Paul.]

Re: fedupwiththeworry's UE Diary

From my experience, Cohens are very very quick to litigate so be sure to set the matter up correctly.

If a threat of legal action is received which says it is a letter before action you have a duty to reply per the practice direction pre action protocol. Failing to do so can have costs consequences against you.

So keep your finger on the pulse here, i beat Cohens recently but they were very quick to sue

[Deepie]

Re: fedupwiththeworry's UE Diary

Halifax/CL Finance

This is the full story on this one:-

24.5.10 CCA Request sent

3.6.10. 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.

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 when BB is back.

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 – ignore re Niddy

11.5.11 Statement rec’d

1.9.11 rec'd a Notice of default sums (£25.00) letter

2.9.11 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.

Today another letter from UK Default Rec. stating despite being given numerous opportunities to repay this debt, bal remains o/s. To stop further action, you have 2 options.
Pay or call to make arrangement
If no response within 72 hrs from the date of letter, no option but to instigate furher action.
Letter dated 14/9 rec'd 17/9 no date stamp on envelope.

I would send this CCA Query - Creditor Refusal to Accept UE Status

[lookingforward]

Re: fedupwiththeworry's UE Diary

I would send this CCA Query - Creditor Refusal to Accept UE Status

Thx, I'll get it in the post on Monday

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Thx, I'll get it in the post on Monday

Best of luck - can you remind us please, is this enforceable or not?

[lookingforward]

Re: fedupwiththeworry's UE Diary

Best of luck - can you remind us please, is this enforceable or not?

Hi Niddy,

Can't find what you said as it was on the old forum (agreement emailed to you 28.7.10) I know you said send the CCA query letter.

I've got to go out now, but If you haven't still got it I can re-send when I get back if you like ?

Thx

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hi Niddy,

Can't find what you said as it was on the old forum (agreement emailed to you 28.7.10) I know you said send the CCA query letter.

I've got to go out now, but If you haven't still got it I can re-send when I get back if you like ?

Thx

Hiya

The old forums are offline now, we asked everyone to copy/paste the content of the lost data, ooops!

Oh well, if you can email me the agreement etc again, that'd be great

Thanks

[lookingforward]

Re: fedupwiththeworry's UE Diary

Email sent Niddy,

Thanks

[lookingforward]

Re: fedupwiththeworry's UE Diary

GE car loan/Link

Story so far:-

24.5.10 CCA Request sent
5.6.10 Letter rec’d 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

11.9.10 Statement received from Link 25.7.09 > 26.8.10

Statement received from link 27.8.10 > 3.9.11


Today a new letter:-


Letter from Link stating they have obtained a telephone number that you supplied a credit provider when applying for credit. This information was supplied to us by a UK CRA. If you believe this information is incorrect then please contact our office on XYZ. In the event that you do not contact our office we will of course use all th einformation we have on your file to decide the next course of action to recover the balance in full from you.

I changed my telephone number some time back so I assume they have been ringing the old one. Prior to changing they were on the phone all the time. My OH used to answer and they would ask for me by my first name as if we were mates.