DNW's UE Diary

[DNW]

Re: DNW's UE Diary

Barclaycard 3

Name                     - Barclaycard Goldfish
Type of account          - Credit Card
Date commenced           - May 98 
Approx balance           - £14,738
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 15/04/11 Acknowledgement letter, refuse £1 payment no reduction in interest or charges
2. 04/05/11 Request for payment
3. 13/05/11 Reduced credit limit
4. 08/06/11 Payment reminder & notice of passing to Mercers
5. 27/06/11 Mercers - Default notice
6. 06/07/11 Mercers - Unable to contact and will send doorstep collector
7. 24/07/11 My letter - no doorstep visits, no phone calls
8. 28/07/11 Mercers - local collecter will call
9. 17/08/11 CCA request sent
10. 26/08/11 Letters from Mercers and BCard accepting £1 month and freezing interest (bit late now as token payments have stopped awaiting CCA)
11. 30/08/11 Acknowledge CCA request
12. 15/10/11 Letter from Calder Financial (dated 03/10/11, rec'd 15/10/11) - 7 day notice before further action including sending local rep.
    

Update 15/10/11 - Am I right in thinking I should send the 'Dont' Visit' me template to Calders?
Templates - Harassment

[garlok]

Re: DNW's UE Diary

Hi DNW,

In a word yes send it. However I should just like to point to you that Mercers and Calders are in fact Barclaycard themselves. They are the in house collections department of BC, It has not been sold on at all. Mercers are a dormant company and may be acting unlawfully by engaging in any commercial activity and Calders cannot threaten to do anything at all really. They will demand either monies nit yet due or the full outstanding balnce if running true to form which of course they cannot do because there may not be a valid default notice which is normally issued by Mercers and I have not yet seen a fully compliant DN from them. They have to all intents and purposes shot themselves in the foot until such times as they correct all of their own errors. they are in default anyway as they have not responded to s78 request.

Garlok

[DNW]

Re: DNW's UE Diary

Thanks Garlok, I noticed the identical Mercers/Calders address!

[DNW]

Re: DNW's UE Diary

Natwest

Name                     - Natwest
Type of account          - Overdraft
Date commenced           - Oct 2000
Approx balance           - £2,181
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 31/05/11 Letter refusing to accept I&E form
2. 04/07/11 Letter reminding over OD limit and chages now £6 per day
3. 12/07/11 Letter asking for contact to discuss
4. 12/07/11 Phone call - Natwest won't default until balance reaches -£2250. I&E completed verbally
5. 04/07/11 Overlimit OD - £6 per day charges
6. 02/08/11 Letter asking for I&E
7. 04/08/11 Unarranged OD fee warning
8. 05/08/11 Breakdown of OD fees
9. 30/08/11 Ceased token payment (to hurry along the default)
   
10. 12/09/11 Letter from Natwest - please contact us (ignored)
11. 29/09/11 Letter from Natwest - please contact us (ignored)
12. 11/10/11 Letter from Power 2 Contact - please contact us (ignored)
13. 19/10/11 Doorstep visit from Power 2 Contact (answered and contact card left for OH)
    

Hi folks

Is there anything I should be doing with this account? As it's an overdraft rather than CC/loan, I don't really know what I'm doing with it other than waiting for them to add a default to the account

I realise I should've sent a 'do not visit me' letter last week but I was a little behind with my filing Are P2C likely to just keep coming back until I write and tell them not to? What can I expect the next stage to be?

[MrsD]

Re: DNW's UE Diary

Not like you to not have the filing up to date!

Essentially i think Niddy would be suggesting that once its defaulted you will have a better chance of it being passed to DCA so able to do a smaller F&F.

Don't think the doorstep collectors will come back, i had one for Mr D and me a the doggle just discouraged him from speaking, i find a wee royal wave type of thing out the window often works, do it all the time to cold callers, sort of piss off in a wave.......

[IF]

Re: DNW's UE Diary

sort of piss off in a wave.......

eeeeeee you made I laugh Dopes!!

[DNW]

Re: DNW's UE Diary

Not like you to not have the filing up to date!

Essentially i think Niddy would be suggesting that once its defaulted you will have a better chance of it being passed to DCA so able to do a smaller F&F.

Don't think the doorstep collectors will come back, i had one for Mr D and me a nd the doggle just discouraged him from speaking, i find a wee royal wave type of think out the window often works, do it all the time to cold callers, sort of piss off in a wave.......

I know! In my defence, it was all organised filing, well sort of.. actually not at all organised else P2C wouldn't have visited today

Sadly I don't have a dog to scare off unwanteds, and I don't think the cat would quite cut it.... The bloke today was fine, he asked for OH and when I told him he wouldn't be back in til around 10pm he just asked if I could pass some details on to him and said 'he'll know what it's about'.

I'm loving the piss off wave, I might have to practice that one

[MrsD]

Re: DNW's UE Diary

I've patented the piss off wave, based on Her Majesty's at boring state occasions!!!

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,161
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears  (DN rec'd 03/09)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 18/04/11 Acknowledge receipt of I&E, refuse to reduce or stop charges
2. 27/04/11 Request for payment
3. 13/05/11 Reduced credit limit
4. 01/06/11 Reminder of overdue payment and informed it will be passed to Mercers to send default notice.
5. 30/06/11 Mercers - accept £1 payments, to be reviewed in 2 months. No interest or charges to be applied while making token payments.
6. 24/07/11 I wrote and requested refund interest & charges (sent to Barclays & Mercers)
7. 17/08/11 CCA request sent
8. 03/09/11 DN Received from Mercers
9. 05/09/11 Acknowledged CCA request - they're looking for it and will get back to me
10. 13/09/11 Letter rec'd from Mercers - 48 hours notice (letter dated 06/09/11), I have ignored their demands for payment so they are now passing my account to a local firm who may send a rep to visit me (ignored)
11. 19/10/11 Covering letter for Recon CCA enclosed - but no encs in envelope
    

I received a letter from Barclaycard today saying they were pleased to enclose a reconstituted CCA, but there was nothing other than the covering letter in the envelope.

Should I write back and tell them there was nothing enclosed or just ignore?

[garlok]

Re: DNW's UE Diary

I would be inclined to send them this:-

>Unenforceability Templates - Section 4

No CCA is no CCA

Garlok

[what2donext]

Re: DNW's UE Diary

I've patented the piss off wave, based on Her Majesty's at boring state occasions!!!

I will have to get Mrs What2do practising the wave whilst i perfect the ignorant stare.

[DNW]

Re: DNW's UE Diary

Honda Finance

Name                     - Honda Finance
Type of account          - Loan
Date commenced           - July 09
Approx balance           - £3,500
Date last paid           - Mar-11    
Arrangement/not paying   - Token Payment
Status                   - In Arrears (DN Rec'd) 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 11/04/11 Unable to suspend further account action
2. 12/04/11 DD cancelled letter received
3. 15/06/11 Default notice
4. 17/06/11 Notice of arrears
5. 07/07/11 Agreement terminated
6. 17/08/11 CCA Request sent
7. 27/08/11 CCA received and sent to Niddy via secure section
8. 31/08/11
9. 11/10/11 Letter received from Wragge & Co saying that proceedings are to be issued for a monetary judgement if the balance isn't paid by 16:00 on 24/10/11.
   
10. 11/10/11 Low (10%) F&F offer sent
11. ***** Update Below *****
    
12. 19/10/11 Wragge & Co - refuse offer as it's too low in comparison to the debt... they have been instructed to continue legal action, which we will soon be in receipt of.
    

Update as no. 12 above - please could someone advise our next move? They haven't come back with any counter offer so should I just increase our offer and if so to what %?

I'm guessing that realistically, they're not going to accept any kind of offer below a pretty high % so am I just wasting time by upping our offer by 10% each time? I really don't want this to end up in court. I wonder of the likelyhood of them accepting anything less than full balance though

[MrsD]

Re: DNW's UE Diary

its a bugger cos its so new, could you afford 50%?

Alternatively accept the CCJ and ask the court for a low repayment?
It's a desision only you can make I'm afraid.

[DNW]

Re: DNW's UE Diary

We could potentially go to about 80%, but would like to settle around 60% or lower as we're having to borrow a lot of the money from my mum for this and will obviously have to pay her back somehow at some point.

If it went to court we could possibly receive a low repayment due to our regular income and expenditure, but we also both have 2nd jobs now which are irregular and not guaranteed income but would the courts look at our overall income or just our main? Both secondary jobs are banked separately to our normal income in readiness for the inevitable F&F as a lot of our debts so far are I just don't know how deeply courts delve into finances (ie bank statements from all account or just declared accounts, and whether or not they investigate into possible undeclared accounts.

This is the most stressed I've felt about the whole debt process for ages

[garlok]

Re: DNW's UE Diary

Hi DNW,

It is unwise to lie or cover anything up when it comes to a court issue. What you can say of course that these 2nd jobs are just that 2nd jobs and are on a casual non guaranteed basis. Work out a very sensible I & E sheet for yourself and look carefully at what your disposable income really is.

Like Mrs D says if it gets to court then they will order you to disclose this information. I would not go into great detail with Wragge and Co but perhpas put it to them that ypou prepared to go to court, this is brief outline (very brief by the way I & E based on the full facts you have drawn up) and you are prepared to offer X pounds a month, and make it low. As long as you could justify this to a court then it is likely that the court would accept your offer and impose it on the creditor. Something they would not want. They cannot claim their costs as it would be fast track (i.e small claims) from the amount of the original loan.

They are pressurising you to see what you will offer in capitulation from the tone of their letters. As Mrs D says the choice has to be yours as to how you want to play it.

The other route is to list out all of your enforceable debts and work out some form of DMP again that you really can afford. It can but not always, pay to get in touch with someone like CCCS to work out your dmp and point this out to the court if it gets that far. Hopefully one of DMP experts will be along to provide further insight in to this.

regards
Garlok