DNW's UE Diary

[billytommo]

Re: DNW's UE Diary

DNW, your scenario sounds so similar to mine it's untrue. Good to hear that you are getting some successes but I am only just on the road to sorting my situation out. I, too, had the old grey matter in the sand for far too long. Good luck to you and all.

Billy

[DNW]

Re: DNW's UE Diary

Thanks Billy, good luck to you too, I've had some successes in terms of some of my debts (as they stand at the mo) are unenforceable, but a lot of mine are enforceable which is a bit of a worry. It can certainly get a bit of a rocky road at times so don't be afraid to post any questions or concerns - someone has pretty much always seen/heard it all before.

[Never-In-Doubt]

Re: DNW's UE Diary

Excellent, thanks

Thats another crossed off the 'waiting for the court papers to drop through the letterbox every day' list!!

Well some lenders still issue papers so don't get complacent, but yea - you can chill a wee bit

[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. 29/09/11 Covering letter for Recon CCA enclosed - but no encs in envelope
12. 29/09/11 Letter received - Calders - 7 day notice (ignored)
    
13. 17/10/11 Current T&C received
14. 19/10/11 Letter sent to Calders - Harassment & Threat of Doorstep-Visit
15. 04/11/11 Letter received - Formal Demand for Payment (full balance) - until paid, no statements will be sent. If not paid by 08/11/11, debt collectors may call or you may be taken to court. We will set off any funds available to us.
    
16. 09/11/11 - Sent Final Response - Unenforceability (No CCA Received)
17. 15/11/11 - Received from Barclays - They feel they have fulfilled their obligations and complied with my s.78 request..... Re section 61, they point to paragraph 230 Carey vs HSBC, and say "It's insufficient.. to point to the absence of a signed, or a proper s78 copy as a foundation for a plea of an improperly executed agreement... They believe my credit agreement to be fully compliant and will oppose allegations that it isn't..... With regards to the OFT, they do not hold my account to be in dispute..... Attached was a copy of my CCA
18. 28/11/11 Niddy says

*** update ***

06/12/11 - Received a letter from Barclaycard notifying me this has now been assigned to MKDP LLP

Does that mean it's been it's been sold on, and do I need to do anything at this stage?

[garlok]

Re: DNW's UE Diary

Yes-- if its a formal Notice of Assignment it has been sold on to debt purchaser. May we ask to whom it has been sold as tactics may vary from lowlife to lowlife?

In any case I would sit and wait now to see which way the purchaser goes. We have recently served the purchaser on two of our accounts with s78 request and have acknowledgements stating they unable to comply within the timeframe. As we already hold UE docs it going to be interesting when they eventually get back to us.

regards
Garlok

[DNW]

Re: DNW's UE Diary

This has gone to MKDP LLP - funny thing is they sold it on 21/11/11 which was a week after they sent my (rubbish) CCA... maybe they realised themselves what a load of rot it was?!!

Edit: Reading further down the letter, although MKDP LLP have bought the debt, their servicing agents are MKRR

[DNW]

Re: DNW's UE Diary

Marbles

Name                     - Marbles
Type of account          - Credit Card
Date commenced           - Aug 2003
Approx balance           - £9,600
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 08/04/11 DD cancelled letter
2. 20/04/11 Frozen interest and charges provided £1 payment sent
3. 28/05/11 Notice of arrears
4. 09/07/11 Default notice
5. 24/07/11 My letter - no change in circumstances.
6. 28/07/11 In arrears notice
7. 17/08/11 CCA Request sent
8. 30/08/11 Received a copy of current executed agreement and signed statement. Copy of original signed application form has been requested and will be sent under separate cover.
9. 09/09/11 Letter received - "At present we are unable to provide a copy of the original agreement..." blah blah more waffle - full copy uploaded for Niddy's perusal
10. 09/09/11 Niddy says
11. 19/09/11 Letter received - please contact us (ignored)
12. 03/10/11 Letter received - please contact us, settlement figure may be available (ignored)
13. 18/10/11 Letter received - asking for card to be returned and informing DN has been issued (ignored)
14. 03/11/11 Letter received - You can't have a new card [] (ignored)
15. 10/11/11 Letter received - from 1st Credit, final reminder, writing OBO client Marbles. May send doorstep agent, may issue court proceedings (ignored)
16. 
    

Update:

08/12/11 Letter received - LCS Solicitors - Full payment to be made within 14 days else they will recommend their client issues legal proceedings.


Should I respond with this? - Threat-o-Gram Letter Before Action

[Deepie]

Re: DNW's UE Diary

Update:

08/12/11 Letter received - LCS Solicitors - Full payment to be made within 14 days else they will recommend their client issues legal proceedings.


Should I respond with this? - Threat-o-Gram Letter Before Action

Yes.........

[DNW]

Re: DNW's UE Diary

Thanks In2, I'm quite looking forward to replying - I feel like I've been ignoring everyone for ages

[DNW]

Re: DNW's UE Diary

Hitachi Capital

Name                     - Hitachi Capital
Type of account          - Loan
Date commenced           - May 10
Approx balance           - £825
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 13/04/11 DD cancelled letter
2. 14/04/11 Refuse £1 and will default than pass to Recovery
3. 09/06/11 Arrears Notice
4. 12/07/11 Default notice and now passed to Recovery
5. 12/07/11 Discount offer rec'd - 30% of £825.91 (£247) within 14 days
6. 24/07/11 My letter - counter offer £150
7. 27/07/11 Letter rec'd - £150 refused
8. 17/08/11 CCA Request sent
9. 27/08/11 Letter from Hitachi refusing request for as my letter was unsigned. My letter returned to me for signature.
   
10. 14/09/11 Returned my original letter to them and sent CCA Request - Demand of Signature by Creditor
11. 19/09/11 Letter rec'd from Hitachi still refusing my CCA request until I sign my letter
12. 11/10/11 Letter sent - Unenforceability Templates - Section 3
13. 22/10/11 Letter rec'd - They will still not send CCA without a signed request and will enter into no further correspondance until signature is received
14. 07/11/11 Letter sent - I will report you to ICO for breaching my CCA request, you do NOT need my signature Demand for Sig - Niddy's letter
15. 
    

Update:


08/12/11 Letter rec'd - Arrears Notice - on this they've included a statement and show that they've cashed the PO sent in relation to my CCA request and allocated it against my CCA request, however I never have received CCA as we're still arguing about my lack of signature....

[Never-In-Doubt]

Re: DNW's UE Diary

Update:


08/12/11 Letter rec'd - Arrears Notice - on this they've included a statement and show that they've cashed the PO sent in relation to my CCA request and allocated it against my CCA request, however I never have received CCA as we're still arguing about my lack of signature....

shame - that's proof that they're in default as they cannot cash payment until they agree to comply with the s.78 request

Muppets - just ignore this for now

[DNW]

Re: DNW's UE Diary

Thanks, will do

[DNW]

Re: DNW's UE Diary

Barclaycard2

Name                     - Barclaycard Gold Master
Type of account          - Credit Card
Date commenced           - Feb 2006
Approx balance           - £1900
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. 15/04/20 Acknowledge and refuse payment, refuse to stop interest
2. 13/05/11 Credit limit reduced
3. 15/05/11 Late payment letter received
4. 24/06/11 Late payment letter received
5. 07/07/11 Mercers - Default notice
6. 17/07/11 Mercers - instructing local collector
7. 24/07/11 My letter - no doorstep visits, no phone calls
8. 26/07/11 Letter from Power2Contact acting OBO Mercers
9. 01/08/11 Doorstep visit from P2C - unanswered
10. 17/08/11 CCA Request sent
11. 05/09/11 Acknowledge CCA request
12. 12/10/11 Recon CCA received - awaiting Niddys return
    
13. 13/10/11 Barclaycard T&C rec'd
14. 15/10/11 Letter from Mercers (dated 03/10) - 48 hour notice before passing to local rep (ignored)
15. 15/10/11 Letter from Calders (dated 10/10) - 7 day notice before passing to local rep
    
16. 19/10/11 'Don't Visit' me template to Calders in reply Templates - Harassment
17. 28/10/11 Niddy says

Update


07/12/11 - Received from Barclaycard - Formal demand for payment, interest will continue to accrue and no statements to be sent.

I'd guess this is just an info only letter to be ignored?

[Never-In-Doubt]

Re: DNW's UE Diary

07/12/11 - Received from Barclaycard - Formal demand for payment, interest will continue to accrue and no statements to be sent.

I'd guess this is just an info only letter to be ignored?

Yep, just ignore it.....

[DNW]

Re: DNW's UE Diary

HSBC

Name                     - HSBC
Type of account          - Credit Card
Date commenced           - Sept 1994
Approx balance           - £7,453
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 05/04/11 DD Cancelled letter
2. 13/04/11 Confirm receipt of I&E but will not act as unsigned
3. 24/06/11 Letter warning soon to be defaulted
4. 09/07/11 Letter warning soon to be defaulted
5. 24/07/11 My letter - request interest freeze
6. 26/07/11 Default notice
7. 17/08/11 CCA Request sent
8. 03/09/11 Final demand for payment received (ignored)
   
9. 12/09/11 Letter received - we might send bailiffs or get CCJ (ignored)
10. 23/09/11 Letter received - would you like to make a F&F settlement? (ignored)
    
11. 27/09/11 Letter received - we would offer a 35% discount for F&F if you'd like to take us up on the offer? (ignored)
    
12. 05/11/11 Letter received from Metropolitan Collection Services - failure to make full payment within 7 days may result in legal proceedings
13. 07/11/11 Letter sent - Account Sold whilst In Dispute
14. 
    

HSBC Update:

18/11/11 Received from Metropolitan - copy of CCA (just about to upload to secure section, but not all 35 pages!) (the date is correct - I really am that far behind with filing