Originally posted by Drowning Not Waving
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DNW's UE Diary
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Re: DNW's UE Diary
Originally posted by Drowning Not Waving View PostBarclaycard2
Code: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)
Them
Me
Other
Activity
- 15/04/20 Acknowledge and refuse payment, refuse to stop interest
- 13/05/11 Credit limit reduced
- 15/05/11 Late payment letter received
- 24/06/11 Late payment letter received
- 07/07/11 Mercers - Default notice
- 17/07/11 Mercers - instructing local collector
- 24/07/11 My letter - no doorstep visits, no phone calls
- 26/07/11 Letter from Power2Contact acting OBO Mercers
- 01/08/11 Doorstep visit from P2C - unanswered
- 17/08/11 CCA Request sent
- 05/09/11 Acknowledge CCA request
- 12/10/11 Recon CCA received - awaiting Niddys return
- 13/10/11 Barclaycard T&C rec'd
- 15/10/11 Letter from Mercers (dated 03/10) - 48 hour notice before passing to local rep (ignored)
- 15/10/11 Letter from Calders (dated 10/10) - 7 day notice before passing to local rep
- 19/10/11'Don't Visit' me template to Calders in reply Templates - Harassment
- 28/10/11 Niddy says
- 04/01/12 - Received postcard from RMA saying they would contact on 'Wednesday between 0800 and 2000' (ignored)
- 11/01/12 - Received letter from RMA offering settlement opportunity
Update:
20/01/12 - Received letter from RMA - "We cannot help you if you don't call us and won't speak to us... We can't hold the settlement offer open any longer... Please call us before 9pm tonight" (letter took 10 days to arrive anyway!)
21/01/12 - Received letter from RMA - "Matter still unresolved... Unless suitable repayment terms agreed, we may proceed to complete a pre-litigation report." They ask us to call or email them (not likely)
Should I reply with Respond to a Legal Threat ?Last edited by AAD-LinkEditor; 21 January 2012, 17:04.
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Re: DNW's UE Diary
Hi DNW,
Yep ignore it, date it and file it with your records. RMA are just another of BC's little circus they try to entertain us with.
regards
Garlok
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Re: DNW's UE Diary
Mystery SolvedWe've now had a letter from RMA offering us the opportunity of a settlement - the letter included the account ref (it was a Barclays CC) so I can file the delightful little postcard with the appropriate docs (and obviously won't be contacting them to settle)
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Re: DNW's UE Diary
RMA and NCO are one and the same outfit. Just have a copy of the "doorstep" letter addressed "To Whom It may Concern" (along with garden hose) behind the front door to hand to any unfortunate that does have the temerity to knock which in itself is highly unlikely. Give it to them and tell them impolitely to remove themselves from your property forthwith, slam the door in their face.
regards
Garlok
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Re: DNW's UE Diary
Originally posted by Drowning Not Waving View PostBut now I've got to create a new file in my system for 'General/Unknown'
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Re: DNW's UE Diary
just a nasty wee ploy to get you to phone, I'd file in the shredder.......................
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Re: DNW's UE Diary
Yep, had one of those too. I bet there was no date on the card eitherI only have one account with them so it was easy to file
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Re: DNW's UE Diary
I forgot to post this last week, but figured I'd do it while I'm here today.
We received a card through the post saying that RMA will be contacting us on Weds between 08:00 and 20:00 and to call them if this is inconvenient - but they don't say which Wednesday, or which account they're calling aboutThe only other details on the card are NCO Europe Ltd T/A NCO and an address in Preston.
I'm guessing this is a fishing exercise to get us to contact them? They'll have a long wait...
But now I've got to create a new file in my system for 'General/Unknown'
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Re: DNW's UE Diary
Originally posted by Drowning Not Waving View PostMarbles
Code: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
Them
Me
Other
Activity- 08/04/11 DD cancelled letter
- 20/04/11 Frozen interest and charges provided £1 payment sent
- 28/05/11 Notice of arrears
- 09/07/11 Default notice
- 24/07/11 My letter - no change in circumstances.
- 28/07/11 In arrears notice
- 17/08/11 CCA Request sent
- 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.
- 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
- 09/09/11 Niddy says
- 19/09/11 Letter received - please contact us (ignored)
- 03/10/11 Letter received - please contact us, settlement figure may be available (ignored)
- 18/10/11 Letter received - asking for card to be returned and informing DN has been issued (ignored)
- 03/11/11 Letter received - You can't have a new card [
] (ignored)
- 10/11/11 Letter received - from 1st Credit, final reminder, writing OBO client Marbles. May send doorstep agent, may issue court proceedings (ignored)
- 08/12/11 Letter received - LCS Solicitors - Full payment to be made within 14 days else they will recommend their client issues legal proceedings.
- 17/12/11 Letter sent to both LCS Solicitors and 1st Credit - Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation
Update:
09/01/12 Letter received - 1st Credit - They have reverted to their client re their failure to fulfil my CCA request... Account placed on hold while they await a response from client.
Letter filed - no action necessary (as far as I'm aware?)Last edited by AAD-LinkEditor; 21 January 2012, 17:23.
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Re: DNW's UE Diary
Originally posted by Drowning Not Waving View PostHSBC
Code: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
Them
Me
Other
Activity- 05/04/11 DD Cancelled letter
- 13/04/11 Confirm receipt of I&E but will not act as unsigned
- 24/06/11 Letter warning soon to be defaulted
- 09/07/11 Letter warning soon to be defaulted
- 24/07/11 My letter - request interest freeze
- 26/07/11 Default notice
- 17/08/11 CCA Request sent
- 03/09/11 Final demand for payment received (ignored)
- 12/09/11 Letter received - we might send bailiffs or get CCJ (ignored)
- 23/09/11 Letter received - would you like to make a F&F settlement? (ignored)
- 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)
- 05/11/11 Letter received from Metropolitan Collection Services - failure to make full payment within 7 days may result in legal proceedings
- 07/11/11 Letter sent - Account Sold whilst In Dispute
- 18/11/11 Received from Metropolitan - copy of CCA (uploaded to secure section 14/12)
- 14/12/11 Niddy says
Update:
07/01/12 - Received a letter from Metropolitan informing me that unless I contact them, they intend to instruct solicitors to issue legal proceedings.
Should I respond with - Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation ?Last edited by AAD-LinkEditor; 21 January 2012, 17:23.
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Re: DNW's UE Diary
Originally posted by Never-In-Doubt View PostNope responsibility for cca rests with whoever owns the debt so if you're unsure send to the OC - that way you're not really in the wrong whatever else happens.So it's a game of pass-the-parcel then. Whoever owns the debt (or is assigned to chase it) at any one time inherits the historical s.78 request problem. I now get it maestro. Ta
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Re: DNW's UE Diary
Nope responsibility for cca rests with whoever owns the debt so if you're unsure send to the OC - that way you're not really in the wrong whatever else happens.
Remember our cca explains this
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
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