DNW's UE Diary

[DNW]

Re: DNW's UE Diary

Try this..>........Creditor Refusal of SAR

I was just about to print and post this off, but then wondered if
Our Templates | Unenforceability Templates | Signature Request by Creditor/DCA
might be more appropriate? They've not yet refused SAR, they're just asking for signed authority at this point?

[DNW]

Re: DNW's UE Diary

Heading out to post office soon so just bumping up my question above


(To save looking back to previous page, it's in relation to Natwest OD, creditor won't action SAR request without signed authority)

[Deepie]

Re: DNW's UE Diary

Originally Posted by in 2 deep
Try this..>........Creditor Refusal of SAR


I Would still send this one.... ^^^ the other is for CCA request.....

[DNW]

Re: DNW's UE Diary

Thanks for confirming.

I should've learnt by now to accept what you say first time without questioning it, shouldn't I

[DNW]

Re: DNW's UE Diary

HSBC

Name                     - HSBC
Type of account          - Credit Card
Date commenced           - Sept 1994
Approx balance           - £7,500
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. 18/11/11 Received from Metropolitan - copy of CCA (uploaded to secure section 14/12)
15. 14/12/11 Niddy says
    
16. 17/12/11 Received - Metropolitan - Please contact us... failure to contact will result in further action (ignored)
17. 04/01/12 Received - Metropolitan - Intend to issue legal proceedings.
    
18. 10/01/12 Sent - Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation
19. 21/01/12 Regular 3 telephone calls (unanswered) per day now being received.
20. 23/01/12 Sending in response to the calls: Our Templates | Harassment & Intimidation Templates | Harassment by Telephone
21. 27/01/12 Received - Metropolitan - (dated 20/01/12) "CCA we sent you was correct and compliant and we don't agree with your dispute. We enclose a further copy.
    ... they mention McGuffick v RBS [2009] and Carey v HSBC...
    If you continue to contest the credit agreement, you will be aware the burden lies with the borrower to demonstrate to the court that the bank has failed under its obligations. Any proceedings against the bank will be defended vigorously. Accordingly we see no merit in your continued insistence that the documents provided are in breach of the CCA or any of the underlying regulations. (Ignored)
22. 27/01/12 Received - Metropolitan - (dated 24/01/12) - Final Demand.. you have failed to make payment and we therfore have no alternative but to take further action against you... This may involve: DCA calling on me; legal proceedings which may result in - CCJ, Bailiffs, Attatchment of Earnings. If legal action is taken, costs of £343 is to be added to my balance.
    If I wish to avoid this, I must pay within 24 hours...(ignored)
23. 08/02/12 Received (dated 03/02/12) - Metropolitan - Apologise re number of phone calls, it's not our fault - the auto dialler kept ringing back as there was no reply... If this doesn't resolve matters then it can be referred to Financial Ombudsman service. (Ignored)
24. 22/02/12 Received (dated 17/02/12) - Metropolitan - We are referring your account to DG Solicitors who will contact you within the next 7 days. They have been selected to help understand your present circumstances and, where possible, agree affordable payments.(Ignored)
25. 23/02/12 Received (dated 19/02/12) - DG Solicitors - ... We may be instructed to take legal action.. to avoid this I must pay amount outstanding within 14 days.. we may be able to arrange more time if you contact us immediately...
26. 27/02/12 Sent in response to DG letter: Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)
    

UPDATE

15/03/12 Received - DG Solicitors - .. Can confirm all documents in accordance with section 78 were sent to you twice, we have complied with the regulations... There is no requirement under section 78 that the original or a photocopy of the original signed agreement be provided.... For the purpose of S61, both signature page and original T&C are to be read as one document - this therefore complies with S60 and S61. The bank has no duty to provide a copy of the agreement which would've met criteria at the time it was signed. S63 copy of original terms is sufficient to meet the bank's obligations.... We can't find the application form and have supplied a recon... Bank's position remains the same - this is valid and legally enforceable - we see no merit in your continues insistence that we've breached CCA regulations.


Should I respond to this or wait and see what their next action is?

[Deepie]

Re: DNW's UE Diary

UPDATE

15/03/12 Received - DG Solicitors - .. Can confirm all documents in accordance with section 78 were sent to you twice, we have complied with the regulations... There is no requirement under section 78 that the original or a photocopy of the original signed agreement be provided.... For the purpose of S61, both signature page and original T&C are to be read as one document - this therefore complies with S60 and S61. The bank has no duty to provide a copy of the agreement which would've met criteria at the time it was signed. S63 copy of original terms is sufficient to meet the bank's obligations.... We can't find the application form and have supplied a recon... Bank's position remains the same - this is valid and legally enforceable - we see no merit in your continues insistence that we've breached CCA regulations.


Should I respond to this or wait and see what their next action is?

Just ignore see what they do next........

[DNW]

Re: DNW's UE Diary

Thanks, will sit tight and see what their next move is

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,200
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
    
19. 06/12/11 - Received a letter from Barclaycard notifying me this has now been assigned to MKDP LLP (ignored - waiting to hear from MKDP)
    
    
20. 09/03/12 - Received from MK Rapid Recoveries - "Further to our recent communication (no comms received prior to this from MK RR) we have not received your offer of payment... We want to help and are able to offer installments to clear the balance... We will continue to contact you to resolve this."
    
21. 12/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
    

UPDATE

19/03/12 - Received from MK Rapid Recoveries - Thanks for writing, at this time we are unable to resolve your query and we'll liaise with OC and re contact you in due course.


I've just filed this as no response necessary.

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,200
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
    
19. 06/12/11 - Received a letter from Barclaycard notifying me this has now been assigned to MKDP LLP (ignored - waiting to hear from MKDP)
    
    
20. 09/03/12 - Received from MK Rapid Recoveries - "Further to our recent communication (no comms received prior to this from MK RR) we have not received your offer of payment... We want to help and are able to offer installments to clear the balance... We will continue to contact you to resolve this."
    
21. 12/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
    
22. 19/03/12 - Received from MK Rapid Recoveries - Thanks for writing, at this time we are unable to resolve your query and we'll liaise with OC and re contact you in due course.(filed)
    

UPDATE

22/03/12 - Received from MK Rapid Recoveries - As you've not taken up our offer of help, as a legal requirement we must inform you we're instructing our pre-litigation team to review your account.... They may commence litigation... It's not too late to resolve this.

Should I send this in response?
Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation

[Deepie]

Re: DNW's UE Diary

UPDATE

22/03/12 - Received from MK Rapid Recoveries - As you've not taken up our offer of help, as a legal requirement we must inform you we're instructing our pre-litigation team to review your account.... They may commence litigation... It's not too late to resolve this.

Should I send this in response?
Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation

Send this------> Threat by Creditor - Threat-o-Gram Letter Before Action

[DNW]

Re: DNW's UE Diary

Thanks In2, I'll get that sent off on Monday.

[DNW]

Re: DNW's UE Diary

Natwest Overdraft

Name                     - Natwest
Type of account          - Overdraft
Date commenced           - Oct 2000
Approx balance           - £2,200
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)
14. 19/10/11 - Letter sent to Natwest - No visits and please consider stopping/refunding charges
15. 04/11/11 - Letter from Natwest - they're sorry I had to complain, they're looking into it
16. 14/11/11 - Letter from Natwest - they're still investigating complaint
    
17. 16/12/11 - Letter from Natwest - Notice of intention to file a default, and DN received
18. 19/12/11 - Letter from Natwest - Notice of default sums (they charged £30 to issue a DN!)
19. 05/01/12 - Letter from Natwest - It's not to late to contact us to sort this out
20. 18/01/12 - Letter from Natwest - Terminating overdraft agreement and demand the account is paid in full. However they also offer the option to agree a mutually acceptable repayment plan.
21. 31/01/12 - Sent to Natwest - letter requesting refund of charges and resumed token payments
    
22. 10/02/12 - Letter from Westcot - They are now dealing with this account and would like to know when we're going to pay it.
23. 15/02/12 - Letter from Natwest - "Thanks for your letter of 31/01/12, Westcot are now dealing with your account and we have passed your letter to them and they will contact you shortly.... When charges and interest were applied to the account they were rightfully due within the T&C."
24. 21/02/12 - Sent Our Templates | Unenforceability Templates | Subject Access (SAR) - Typical Request
25. 07/03/12 - Letter from Westcot - Acknowledge we have raised a query on the account and will suspend all collection activity while the matter is being investigated. (filed)
26. 09/03/12 - Letter from Natwest - Acknowledge receipt of SAR but can't proceed without signed authority
27. 13/03/12 - Sent Our Templates | Unenforceability Templates | Creditor Refusal of SAR
    

UPDATE

21/03/12 - Letter from Natwest - Thanks for your recent letter, unfortunately you haven't signed it and we therefore can't action its contents without being to verify your identity. Please sign and return the enclosed pro-forma.
23/03/12 - Letter from Westcot - They are to refund the one interest charge added since 14th Jan (date of formal demand), however the default charge will remain in place.... We believe this resolves the dispute and look forward to your payment.


Two updates for the OD today - what should I respond to them with please?

[DNW]

Re: DNW's UE Diary

Bumpity bump Has anyone any suggestions for Natwest and/or Westcot?

[Never-In-Doubt]

Re: DNW's UE Diary

I don't understand what it is you're actually doing, you mention you've recommenced payments, so ermmm - what is the issue?

If they ask you to sign then sign, being you're not playing UE with them it'll be fine, won't it? What does wescot have to do with this or are they the actual ones hassling you....

sorry not been on the forum as much as I'd like so haven't been following latest progress....

[DNW]

Re: DNW's UE Diary

Westcot have been writing chasing payment since Natwest terminated the OD agreement a couple of months back.

Natwest are writing since we sent SAR.

My understanding of it is that as an OD, best we can hope for longer term is a reduced F&F settlement so I'm looking to do a reclaim for charges to try and reduce the balance a little along with dragging my feet in the hope they'll accept a low F&F.

Then I read the OD agreements thread and thought that there may be something worth persuing in terms of not having been sent annual paperwork etc. Token payments were stopped again after the SAR was sent off.