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  • MustGetStraigh's UE Diary

    Hello All

    What a fantastic forum! Well done Sir Nid!! ;Hi1

    I'll try to recap briefly where I am:-

    CoOp
    Taken out in 1986.
    CCAd 1 June 2010, no response.
    August, DCA (Moorcroft)said file closed and handed back to lender.
    Presume that no-one could find anything! :UE
    October letter from Equidebt "Debt Collection Notifiation".
    Sent them Account Sold letter. Heard nothing further.
    ]December "Important Notice of Debt Collection" received from Westcot (along with a barrage of daily phone calls).
    Sent them Account Sold letter.
    Feb: received from Westcott, letter confirming that their client cannot find the Agreement however balance still outstanding etc etc. Result!
    Mar: letter from Nelson Guest Solicitors (just Westcot using another name trying to be scary) advising I must pay them. or etc etc etc. Don't think so!
    Sent CCA Query - Letter Previously Confirming No CCA in response - and I attached a copy of the letter from Westcot and highlighted the bit where they say the OC can't provide the Agreement. Just in case they missed my point
    Westcot have now written demanding payment. Crikey this lot just don't give up do they. I'm ignoring them.
    Jan13 Letter from CooP with Notice of Assignment to Lowells. Have had several attempted calls from Lowells, I am ignoring them and awaiting a letter which will no doubt be making its way through the snow.

    Update:Lowells did issue a claim - eek - but the solicitors acting for Lowells discontinued their claim a week before the trial. I guess they were hoping I would settle. I knew they would not have paperwork, they hoped I wouldn't know that... it was very close for comfort but I couldn't afford to settle so decided to retain a poker face. Thanks to all the help and guidance here, calling their bluff produced the desired result.



    MBNA
    Taken out 2001
    CCAd 19/7/10 (originally I CCAd MBNA themselves in June by mistake - it had been sold on to the DCA).
    DCA advised have referred to their client to look for documents. Nothing as yet... DCA sent me back a cheque for my £1 though! How kind of them.
    I receive twice monthly letters from DCA, Hillesden Securities, advising me they are following up my request for a copy of the original documentation...
    January ... finally received what purports to be a CCA, it isn't though, it's my application form and some made up reconstituted Ts and Cs which have an address I didn't live at until a year after the date I took the card out... I'm thinking this is UE but will ask Niddy to have a look when the forum stuff has calmed down.
    Niddy advised UE. Recon - Ts and Cs supplied were wrong.
    Jan advised Hillesden
    Feb Hillesden write back saying they ahve supplied the Agreement and that it's original, not a recon (I disagree) so they are happy their document is fully compliant.
    Not sure what to send now...
    April: Hillesden are now offering a bargain settlement of just over 50%. I'm not taking them up on this!
    July 2011: DLC/Hillesden sent Annual Statement, followed next day by "Notice of Sums in Arrears". I'm ignoring both.
    A few days later, letter from DLC/Hillesden offering to take £10 a month or 50% of balance within 21 days.... ignoring this one.
    August: letter from Mercantile Data Bureau (which is DLC) mentioning possibility of a doorstep visit...
    I sent doorstep threat letter
    Which crossed with second letter from MDB saying they're disappointed I ignored their letter, so they are profiling and if they find I'm a home owner they may instruct a 3rd party...
    September another letter from MDB offering me 50% discount only available for 7 days... if I don't respond they may refer me to a doorstep specialist (they haven't read my doorstep letter then).
    Sept letter form Hillesden. They have taken my number off their records but if I don't keep up regular dialogue with them they say under ICO guidelines say they can reinstate my telephone to continue collection activity....!
    Nov: Two letters (I missed the first one) from Ruthbridge Limited. Blah de blah usual stuff. This lot do like to put the frighteners on, the second letter mentions that they could propose their client looks at bankruptcy as a means of settling!

    I've sent Account Sold.
    Dec: Ruthbridge wrote again. They obviously haven't read the Accoutn Sold.
    Feb:New DCA on the case - Lucas Credit Services. Usual sort of stuff. Sending Account Sold and see what they come back with.
    July: Lucas sent copy Agreement in response to my request (I had not requested it!). Am holding off any response pending advice.
    UpdateJan13, I never did respond to Lucas (oops) but they have gone quiet for the moment....
    Mar 16... advised by DLC that account sold to Cabot. Awaiting correspondence from Cabot.
    Apr 18.. Cabot have written enlcosing Agreement in response to my request (I never did ask Cabot for it!).. I am ignoring. Is well and truly SB.

    CrapOne
    Taken out 2000
    Defaulted me Oct 09
    CCAd Debt Collection Agency 30 June 2010.
    Stopped making payments when I sent the CCA. Barrage of phone calls from DCA and threatening letter received 9/7 demanding payment in 5 days.
    13/7 - letter from DCA confirming passed request to client and account is on hold.
    20/7 letter from CrapOne saying they are trying to respond to my request, will let me know if it's going to take more than 4 weeks...
    9/8 from Cap One a Reconstituted Agreement, plus a "Short Application Form" with my signature.
    ]August I sent a letter back pointing out they hadn't sent proper agreement.
    They replied arguing that they have complied with my request.
    November letter from Fredericksons threatening they will instruct solicitors to issue a claim
    December I sent Account Sold letter
    Fredericksons responded they consider the balance lawfully due
    Jan I sent Refusal to Accept Unenforceability letter
    Feb Fredricksons have started calling again...
    March - letter from CrapOne advising me they've taken the account back from the DCA. I'm hoping it'll now be sold on but I will wait and see.
    Apr: HL Legal (which is basically Crapquest) now write, some load of garbage and waffle. This is UE so I shall send Account Sold, I presume...
    Sent Refusal to accept UE
    May: Crapquest write asking me to send £1 for a CCA... (!). They can't have actually read my letter.
    Phone calls started up again so have sent off first telephone harrassment letter.
    June: letter from my "Case handling Supervisor" saying they need to start ligitation but will settle for £5k and a bit (which I haven't got and they ain't getting).
    Sending Threat of Litigation letter in response.
    CrapQuest have written saying account is on hold until 29/6 while they investigate...
    Didn't last long. Letter dated 25th July (but received 28th) saying if I don't respond by 31st July (nearly impossible) they will send their agents, lots of threats blah blah. Also offering to settle at 50%. Sending doorstep threat letter and I'm ignoring the offer to settle.
    Letter then rec'd acknowledging my doorstep threat letter and saying it's been passed to relevant dept.
    Now Capquest have written saying they have checked and everything's compliant and that is their final response ...
    Sep 11... Letter from Scotcall headed "Doorstep Collection"...
    In response I doorstep threat letter. I haven't heard from this bunch of muppets before so I combined it with Account Sold for good measure.

    15 Sep Received Scotcall's response. They are closing their file and returning it to Crapquest.
    Oct: Letter from CrappyOne advising me the DCA no longer acting, so it's back with CrapOne, details for where to make payment etc... I shall ignore and see who they appoint next.

    Oct 15: Account now sold to Cabot and they have written a rather wimpish letter.
    Sending Account Sold letter in response.

    2016: regular letters (and calls which I ignore) from Cabot inviting me to contact them to make payments... I'm ignoring for the moment.
    Apr 2016... the letters keep coming. I really think they should save themselves the postage.

    After various letters from Cabot, they have written (Sept 16) to let me know they haven't been able to get paperwork from CrapOne, and they concede that it's currently unenforceable.

    It's SB anyway but nice of them to let me know



    NatPest
    Taken out 2001
    Defaulted late 09.
    CCA request sent 1 June 2010.
    They replied sending T&Cs, with inaccuracies. Niddy thinks it's UE.
    They were particularly bad about stopping charges and interest, and from the time I went onto token monthly payments, to the time they finally stopped and defaulted us, it increased the debt by £3k. So I've run out of sympathy for them.
    Responded with "Terms and Conditions sent" letter 6 July.
    They responded denying that they hadn't complied.
    I replied 27 July with a Niddy special,
    We've been to-ing and fro-ing and have reached stalemate.
    They say they're right. I say I'm right. We don't agree! :UE (but not according to NatWest!!)
    October letter from Green & Co Solicitors offering me one last chance to pay up.
    Responded with Account Sold

    Letter from Green & Co advising they are closing their file and handing back to client.
    Letter from NatWest about my complaint to Triton about telephone calls - unable to uphold it (however, Triton did stop ringing me!)
    November letter from RMA advising NatWest have instructed them.
    Rseponded with Account Sold letter
    December another letter from RMA still pursuing me, shortly followed by one four days later from NCO (RMA's parent company) advising that account has been placed on hold and no further communication will be made until "satisfaction is reached". . Either their letters crossed or the right hand doesn't know what the left is doing.
    Now another letter dated 24/12 (rec'd 8/1) from RMA threatening all sorts.
    Jan 2011.. another letter from RMA, this time offering a reduced settlement.
    Jan, I sent RMA and NCO Account Sold/Harassment letter enclosing copy of the letter from NCO saying they wouldn't be contacting me by phone/in writing.
    which crossed with yet another from RMA, giving 30 days to pay...
    RMA persistent little blighters phoning several times a day.
    NCO wrote back, final response as client has satisfied CCA request (no they haven't) but are removing my phone number from system. Thank goodness!

    June - Letter from Moorcroft threatening litigation so
    sent Account Sold letter.

    Received letter talking about "possible litigation" which I think has crossed with my Account Sold.
    June 2011 (one year on). Letter from Moorcroft mentioning possible litigation and offering to accept payments of £120 a month
    Letter from Moorcroft saying account now on hold while they investigate. Obviously they have now read my Account Sold.
    Letter next day from Moorcroft saying I need to send £1 and CCA request to NatWest, meanwhile they put account on hold for 2 weeks. Words fail me....
    Well they obviously didn't put it on hold for 2 weeks. A few days later, ANOTHER letter from Moorcroft in one of their lovely bright yellow envelopes... "Important Information - Possible Litigation" To prevent the above I need to call them immediately... well guess what I'm not going to.
    Letter from Moorcroft saying account is on hold while they investigate.
    August 2011 letter fro Moorcroft, "Important Information - Possible Litigation". Tehn goes on to list all the possible charges I could incur if it went to court. I haven't yet sent them Threat of Litigation letter so presume I should send that.
    Sept 2011: Monthly Instalment offer from Moorcroft... would I like to pay instalments (let me think...).
    Sept 2011: Letter from Midas Credit Services headed "Litigation Warning". They say they are reviewing my account prior to possibly recommending legal action by external solicitors. It's the first time I've heard from Midas and I think they're just trying to scare me.
    Sent Threat of Litigation in response.
    Oct 11 Letter from Moorcroft headed "Possible Legal Action" and it's full of ifs and maybes so I think it's just fishing. They also offer a "substantial discount" if I can't pay. I presume I just ignore?
    Nov: Another letter from Moorcroft offering a monthly payment scheme or discount.... I presume I ignore?
    Dec: Westcot this time. Letter headed "Final Notice" mentoining doorstep and possible legal action. Seems a bit woolly. I haven't heard from Westcot on this account before, so wonder if I should send Account Sold.
    Years later... Sept 2015 received 6 copies of Statement of Account from DLC (so it's been transferred I take it). I am presuming to ignore.


    M&S
    From 2007, so it's enforceable.
    Defaulted me late 09.
    £3k ish owing. Have negotiated payments, low for now as can't afford more, will renegotiate in a few months when I can afrford to increase them.
    Rockwells are dealing and are fairly good to deal with, for a DCA....
    Edit... I take that back. They've asked me if I'd consider getting a lump sum by extending a loan or putting it on another credit card!!! (The answer is NO). Still paying what I can afford and no more.
    I wrote to the DCA (Rockwells) saying I will only deal in writing as I'm concerned they are breaching OFT guidelines in what they tell me on the telephone, suggesting I take out further credit to settle the debt. Good to have that on record, methinks.
    Rockwells wrote profuse apologies, number removed from system, they are investigating and will only deal in writing and hapy to keep current payments in place for 6 months. I'm happy with that.

    2016: Have now made final payment and cleared this account.

    Last edited by MustGetStraigh; 18 April 2018, 12:24.
    Niddified and proud!

    Fought and won the UE battle, thanks to Niddy and this forum...
    SB since 2016. Now have my life back!

    (I used to be MustGetStraight but I've lost a "t")

  • #2
    Re: MustGetStraight's UE Diary

    Hiya

    Ok, so nothing needs doing (from me) right now, you're in control - well done, keep up the fight
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment


    • #3
      Re: MustGetStraight's UE Diary

      Cheers Niddy!

      I do have a feeling that Cap One are not going to roll over and be quiet... let's see!

      My biggie is MBNA so I'm keeping my fingers crossed that they can't find anythign and the reason they haven't replied is that they can't find my agreement and are busy concocting something .... ;N

      2
      Niddified and proud!

      Fought and won the UE battle, thanks to Niddy and this forum...
      SB since 2016. Now have my life back!

      (I used to be MustGetStraight but I've lost a "t")

      Comment


      • #4
        Re: MustGetStraight's UE Diary

        Cap One..

        Just been reading their latest letter again. They say "there are no elements of your allegations survive the decisions in McGuffick and Carey". ... and "your agreement is enforceable and we will continue to treat it as such".

        But although they mention the word court at several points, at no point in the 2 pages do they actually say they are going to take any legal action against me.

        What confuses me on reading this again is that they say
        "Accordingly we invite you to discontinue with any further action in respect of this matter to avoid both parties incurring further unnecessary costs. In the event that you reject this offer, we reserve the right to bring this letter to the court's attention and seek our costs of defending any claim made."

        Am I reading to much in to this, or do I take it that although they are saying it's enforceable they aren't taking any legal action themselves. So whether to ignore their letter, or do I need to send another final response/refusal to accept letter?

        So far I have ignored it. ;Hmm
        Niddified and proud!

        Fought and won the UE battle, thanks to Niddy and this forum...
        SB since 2016. Now have my life back!

        (I used to be MustGetStraight but I've lost a "t")

        Comment


        • #5
          Re: MustGetStraight's UE Diary

          Mmm... I'm glad to read your experience of Al CapOne... they've sent me some regurgitated agreement too, so I'm following in your footsteps now! I wonder if I'll receive the same worded letters that you have!!
          Nuff says... "Don't take yourself too seriously!"

          10 loans/credit cards - 3 confirmed UE, 3 recon/copy received, 3 not received a CCA reply, 1 might be enforceable

          Comment


          • #6
            Re: MustGetStraight's UE Diary

            Originally posted by MustGetStraight
            Cap One..

            What confuses me on reading this again is that they say
            "Accordingly we invite you to discontinue with any further action in respect of this matter to avoid both parties incurring further unnecessary costs. In the event that you reject this offer, we reserve the right to bring this letter to the court's attention and seek our costs of defending any claim made."

            Am I reading to much in to this, or do I take it that although they are saying it's enforceable they aren't taking any legal action themselves. So whether to ignore their letter, or do I need to send another final response/refusal to accept letter?

            So far I have ignored it. ;Hmm
            This simply means that they are asking you NOT to continue with action against them, they want to "sort this" away from court and should you ignore their "offer" they will mention to the courts that they made such an offer, so if they win they'd claim back their costs...

            However, that is only on the presumption that you were planning on taking action against them - which of course, you're not. So time to file it away and stop worrying...... wait for their next move yea?

            Niddy
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #7
              Re: MustGetStraight's UE Diary

              Originally posted by never-in-doubt
              Originally posted by MustGetStraight
              Cap One..

              What confuses me on reading this again is that they say
              "Accordingly we invite you to discontinue with any further action in respect of this matter to avoid both parties incurring further unnecessary costs. In the event that you reject this offer, we reserve the right to bring this letter to the court's attention and seek our costs of defending any claim made."

              Am I reading to much in to this, or do I take it that although they are saying it's enforceable they aren't taking any legal action themselves. So whether to ignore their letter, or do I need to send another final response/refusal to accept letter?

              So far I have ignored it. ;Hmm
              This simply means that they are asking you NOT to continue with action against them, they want to "sort this" away from court and should you ignore their "offer" they will mention to the courts that they made such an offer, so if they win they'd claim back their costs...

              However, that is only on the presumption that you were planning on taking action against them - which of course, you're not. So time to file it away and stop worrying...... wait for their next move yea?

              Niddy
              Thanks Niddy, it confused me cos the other CC companies are being more aggressive! I'll sit and wait
              Niddified and proud!

              Fought and won the UE battle, thanks to Niddy and this forum...
              SB since 2016. Now have my life back!

              (I used to be MustGetStraight but I've lost a "t")

              Comment


              • #8
                Re: MustGetStraight's UE Diary

                Good plan, that's what I'd do.....
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: MustGetStraight's UE Diary

                  Originally posted by never-in-doubt
                  Good plan, that's what I'd do.....
                  cheers!

                  So, I think it's time for another one of these best smilies in the world, ever... here goes :UE Thank you!
                  Niddified and proud!

                  Fought and won the UE battle, thanks to Niddy and this forum...
                  SB since 2016. Now have my life back!

                  (I used to be MustGetStraight but I've lost a "t")

                  Comment


                  • #10
                    Re: MustGetStraight's UE Diary

                    LOL, good idea!
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: MustGetStraight's UE Diary

                      So....
                      Now at 3 Unenforceable :UE :UE :UE , one Enforceable ;P-; (but hey), one still to go but they are now beyond their time limit so I wonder what they are up to. That's my Biggie so I really do want that to be UE.... fingers crossed. 2 (we dont' have a smilie for that?)

                      I forgot, also my Santander overdraft where the charges accounted for nearly all of the overdraft... waiting to hear from them about that one. ;Hmm
                      Niddified and proud!

                      Fought and won the UE battle, thanks to Niddy and this forum...
                      SB since 2016. Now have my life back!

                      (I used to be MustGetStraight but I've lost a "t")

                      Comment


                      • #12
                        Re: MustGetStraight's UE Diary

                        Best of luck.....
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: MustGetStraight's UE Diary

                          Not strictly a UE topic, but Santander has come back refusing to listen about charges.
                          They sold the debt to a DCA (pretty quickly) but when the time comes to negotiate F&F with the DCA I'll use the charges to knock the figure right down. It was quite a shock to see that charges accounted for almost all the overdraft figure! I had no idea it was that bad. Should have claimed earlier!
                          Niddified and proud!

                          Fought and won the UE battle, thanks to Niddy and this forum...
                          SB since 2016. Now have my life back!

                          (I used to be MustGetStraight but I've lost a "t")

                          Comment


                          • #14
                            Re: MustGetStraight's UE Diary

                            Originally posted by MustGetStraight
                            Not strictly a UE topic, but Santander has come back refusing to listen about charges.
                            They sold the debt to a DCA (pretty quickly) but when the time comes to negotiate F&F with the DCA I'll use the charges to knock the figure right down. It was quite a shock to see that charges accounted for almost all the overdraft figure! I had no idea it was that bad. Should have claimed earlier!
                            What do you mean they have knocked back your charges claim? Can you send me a copy of what you sent them and what they replied with to you.... Have you read the reclaim guide ---> viewforum.php?f=42


                            edit - yes, just seen you have posted there: ---> viewtopic.php?f=42&t=338&start=0
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #15
                              Re: MustGetStraight's UE Diary

                              Thanks Niddy I'll get on the scanner later. 2
                              (ps I see there are some new smilies. Excellent).
                              Niddified and proud!

                              Fought and won the UE battle, thanks to Niddy and this forum...
                              SB since 2016. Now have my life back!

                              (I used to be MustGetStraight but I've lost a "t")

                              Comment

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