lookingforward's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks everyone, all due to Niddy and this great forum. Still struggling to keep our heads above water but letters like the two rec'd this week certainly relieve the pressure in the backs of our minds that we'd have to find even more money each month. There's about £13k between those two.

[nanna58]

Re: fedupwiththeworry's UE Diary

fabulous result wish bc would give up on everybody well done xxxx

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hi everyone, had a quiet few weeks which has allowed me to concentrate on work then just yesterday I was thinking how quiet it's been so of course today a letter drops through the door from 1st credit.

Story with them thus 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 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

31.10.11 Annual statement 1.10.10 > 30.9.11 rec’d

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.


Todays letter breaks down to the following:-

21.4.12 Letter from 1st 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.


So as they've already employed a DCA, I assume I have to wait for them to contact me then fire off a "sold while in dispute letter along with a do not visit paragraph" ?

Advice appreciated as always.

[alland]

Re: fedupwiththeworry's UE Diary

21.4.12 Letter from 1st 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.


So as they've already employed a DCA, I assume I have to wait for them to contact me then fire off a "sold while in dispute letter along with a do not visit paragraph" ?

Advice appreciated as always.

Yes I would just ignore for now, nothing to be getting worried about, so wait and see what you receive from newly appointed DCA and then respond accordingly.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks, will do

[lookingforward]

Re: fedupwiththeworry's UE Diary

Not much time wasted Mack Hall letter rec'd regarding 1st credit this morning.

States they are instructed by their client to recover o/d a/c, despite repaeated requeststhe o/d ammount still remains o/s, accordingly we may now haqve no other alternative than to advise client to take further action as may be appropraiate.

This letter is to inform me of clients intended action, even if I do not ack this.

Imperative I contact within next 72 hours to settle the a/c. By doing so you are showing an interest to resolve this matter and we will endeavour to come to an amicable conclusion to this matter etc etc.

Nothing about doorstep visit at the moment ...

So over to you guys for advice, would it be the sold whilst in dispute ?

[pepe2008]

Re: fedupwiththeworry's UE Diary

Post #319....1st Credit have employed a DCA ? THEY are a DCA !

I know they can't tell their arse from their elbow, but now they don't even know who THEY are ffs. It is another way of saying that they don't have any ammo left....

[swanfan]

Re: fedupwiththeworry's UE Diary

So over to you guys for advice, would it be the sold whilst in dispute ?

That's what i'd be sending.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks, will be sending this then

http://www.all-about-debt.co.uk/temp...lity/s3-t4.php

[lookingforward]

Re: fedupwiththeworry's UE Diary

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.

What should I send now please ?

Thx

[Deepie]

Re: fedupwiththeworry's UE Diary

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.

What should I send now please ?

Thx

I Would just ignore see what they do next

[lookingforward]

Re: fedupwiththeworry's UE Diary

OK will do,

Thx

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hi everyone,

Continuing with 1st credit which is detailed on the last few posts on this thread from post 319, which gives the history of the account, up until my last post above. Today a new name enters the fray.

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 propert 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.

I know there's lots of mays in there but would appreciate advice on what to respond with please.

Thx as always.

[Deepie]

Re: fedupwiththeworry's UE Diary

Hi everyone,

Continuing with 1st credit which is detailed on the last few posts on this thread from post 319, which gives the history of the account, up until my last post above. Today a new name enters the fray.

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 propert 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.

I know there's lots of mays in there but would appreciate advice on what to respond with please.

Thx as always.

I'd send one of these-----> Harassment & Threat of Doorstep-Visit

[lookingforward]

Re: fedupwiththeworry's UE Diary

I'd send one of these-----> Harassment & Threat of Doorstep-Visit

Thanks I'll send that to meritforce.

One Question:

At the beginning of the template there's a paragraph about repeated attempts to contact me, do I take that bit out as they haven't done so ?

Thx