DNW's UE Diary

[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            - Cabot

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. 08/12/11 Letter rec'd - Arrears Notice includes statement showing cashing of PO against my CCA request, however CCA still not yet received (ignored)
    
16. 08/02/12 Letter rec'd - Cabot - "Welcome to Cabot... we have bought this account.. blah blah.. if we don't hear from you within 14 days we'll pass to a collection agency"
17. 09/02/12 Sent Account Sold whilst in Dispute in response
18. 22/02/12 Letter rec'd - Cabot - "...Cabot purchased your debt and were unaware of any disputes with the OC... We have contacted Hitachi to obtain clarification and retrieve relevant documentation. Lack of this documentation does not affect the legality of the debt but merely renders it unenforceable until the agreement is produced. Cabot is not considering legal action at this time therefore your comments are not applicable in this instance. We recommend that you contact us to make payments. We endeavour to respond within 12 days. "(ignored)
19. 24/05/13 Received from Cabot - copy of CCA. (Sent to Niddy by email 20/06/13)
20. 23/06/13 - Niddy says (unsurprisingly)
21. 01/07/13 - Blagging it for now with CCA Query - Missing Prescribed Terms - allaboutDEBT UK

UPDATE

1. 25/07/13 - Received from Cabot - they would like to assure me that a true copy was supplied, and ask which terms I believe were missing
   
2. 19/08/13 - Received from Cabot - They will move to next stage collections if they don't hear from me.

Hello All

For some reason, I've been sticking my head in the sand again recently and have let things go a bit

Could someone le me know how am I best to reply to Cabot with this blagged one please? Thanks.

[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            - Cabot

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. 08/12/11 Letter rec'd - Arrears Notice includes statement showing cashing of PO against my CCA request, however CCA still not yet received (ignored)
    
16. 08/02/12 Letter rec'd - Cabot - "Welcome to Cabot... we have bought this account.. blah blah.. if we don't hear from you within 14 days we'll pass to a collection agency"
17. 09/02/12 Sent Account Sold whilst in Dispute in response
18. 22/02/12 Letter rec'd - Cabot - "...Cabot purchased your debt and were unaware of any disputes with the OC... We have contacted Hitachi to obtain clarification and retrieve relevant documentation. Lack of this documentation does not affect the legality of the debt but merely renders it unenforceable until the agreement is produced. Cabot is not considering legal action at this time therefore your comments are not applicable in this instance. We recommend that you contact us to make payments. We endeavour to respond within 12 days. "(ignored)
19. 24/05/13 Received from Cabot - copy of CCA. (Sent to Niddy by email 20/06/13)

Hitachi Loan - UPDATE

Niddy says (unsurprisingly)

I'm going to blag this for now and will send - CCA Query - Missing Prescribed Terms - allaboutDEBT UK

[DNW]

Re: DNW's UE Diary

I think this template would be the most appropriate? Should I also send a copy to Keynes as well as MKDP?

Final Response - UE (CCA Received) - allaboutDEBT UK

[DNW]

Re: DNW's UE Diary

SH - Thanks for taking the time to type up that letter for me, I really appreciate the help.

After reading Niddy's and others posts about FOS, I think I'll have a rummage through the final response templates in the morning and see which of them would be most appropriate and post back on here before sending.

[The Tech Clerk]

Re: DNW's UE Diary

The FOS will not adjudicate on CCA issues as they state they look to fairness of situation, and CCA1974 are county court (matters)/ rulings, been there wrote the Revue & read it & that was during a HSBC court case.

[Enforcer]

Re: DNW's UE Diary

I agree with your post. Fos have tried to do this to me too.

[Never-In-Doubt]

Re: DNW's UE Diary

Barclaycard2 Update

24/05/13 - Received from MKDP - Final response, we have supplied a true copy CCA as per Carey v HSBC, there is no obligation to provide a signed copy, it's enough to know a copy was signed at time of inception. Feel free to complain to FOS if you don't like this.

Based on this you would not go to the FOS - you would ignore them. The FOS cannot adjudicate this, the DCA would be in default of s.78 if they have not satisfied your request.

In light of this, you ought to ignore them for now and look at utilising our templates for additional final responses. These are all covered within the template system

[Never-In-Doubt]

Re: DNW's UE Diary

Be careful guys, if a business classify something as a complaint whether you call it one or not and they issue a final response, whether you like it or not that is their final response and you have 6 months to go to the FOS.

How am I so certain? The FOS just did this with me, and we are DPA Registered and I do like to think I know the underlying rules for compliance. Point is, I argued all the way to the top and still got told to get lost.

However I have now taken it a step further and requested that they instead recognise that it is two different complaints and not the same one. They have accepted that version but see if there is any link to the old "complaint" they will say it is out of time.

Doesn't matter if you formally raise a complaint to a business, if they treat it as one and issue a final response then it is pointless going any further - you now go to the FOS.

If they ignore you for 6 months the FOS will not slap them for that, as they can ignore you based on the fact that issue is dead in their eyes hence they issued a final response.

Make sense?

I would read this before sending a bespoke letter

[ScabHunter]

Re: DNW's UE Diary

Apologies for the slow response, but my PC went nuts and had a go-slow, which doesn't normally happen when I'm using Linux.

Anyway, this is what I would send -

“Dear Sirs,

I am in receipt of your communication dated xxth June 2013, and note with regret that it is the latest in a long line of communications which breach the Office of Fair Trading Debt Collection Guidance, specifically Section 3.2, which states “It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner.”

Your letter alleges that you have issued a “final response”, and that the matter can now be escalated to the Financial Ombudsman Service. You will note that such responses and escalation are only possible and appropriate once a formal complaint has been submitted, and at this stage this is not the case. None of the communications I have forwarded to you is headed 'formal complaint', and plainly none of them constitute such a complaint.

You will also be aware that the Financial Ombudsman Service has stated that it is unable to adjudicate upon issues of enforceability, asserting that these are the sole dominion of the court system. As the issues I have raised with you concern this matter, you are plainly using the FOS in a misleading manner, as a deflection tactic, instead of satisfying the responsibilities of your license by addressing these concerns appropriately.

Note also that this letter does not constitute a formal complaint, although it is perfectly feasible that such a complaint will be necessary in the near future should you continue to mislead. For now, I refer you to my previous communications of 24th April 2013 and 18th May 2013, and ask that you address the points raised therein in an appropriate manner.

Yours Faithfully,”

SH

[Never-In-Doubt]

Re: DNW's UE Diary

All of this talk about complaints, the FOS and “final responses” is all just utter bollocks.

None of the AAD templates which have been sent constitute a formal complaint, therefore there are no timescales for final responses, and nothing which could be escalated to the FOS in any case.

Be careful guys, if a business classify something as a complaint whether you call it one or not and they issue a final response, whether you like it or not that is their final response and you have 6 months to go to the FOS.

How am I so certain? The FOS just did this with me, and we are DPA Registered and I do like to think I know the underlying rules for compliance. Point is, I argued all the way to the top and still got told to get lost.

However I have now taken it a step further and requested that they instead recognise that it is two different complaints and not the same one. They have accepted that version but see if there is any link to the old "complaint" they will say it is out of time.

Doesn't matter if you formally raise a complaint to a business, if they treat it as one and issue a final response then it is pointless going any further - you now go to the FOS.

If they ignore you for 6 months the FOS will not slap them for that, as they can ignore you based on the fact that issue is dead in their eyes hence they issued a final response.

Make sense?

[DNW]

Re: DNW's UE Diary

All of this talk about complaints, the FOS and “final responses” is all just utter bollocks.

None of the AAD templates which have been sent constitute a formal complaint, therefore there are no timescales for final responses, and nothing which could be escalated to the FOS in any case.

These idiots like to use this trick just to confuse people. Communicating with (alleged) debtors in a misleading manner is contrary to the OFT Guidance.

I'll write out a reply if you want.

SH

Well they've certainly confused me lol. SH I would very much appreciate a letter with which to reply, thank you!

[SXGuy]

Re: DNW's UE Diary

I agree, got the same style letter from BCW only last week, kindly included an FOS leaflet too. Which got put in the recycling.

[ScabHunter]

Re: DNW's UE Diary

All of this talk about complaints, the FOS and “final responses” is all just utter bollocks.

None of the AAD templates which have been sent constitute a formal complaint, therefore there are no timescales for final responses, and nothing which could be escalated to the FOS in any case.

These idiots like to use this trick just to confuse people. Communicating with (alleged) debtors in a misleading manner is contrary to the OFT Guidance.

I'll write out a reply if you want.

SH

[DNW]

Re: DNW's UE Diary

Barclaycard2

Name                     - Barclaycard Gold Master
Type of account          - Credit Card
Date commenced           - Feb 2006
Approx balance           - £2000
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. [SNIPPED] allaboutFORUMS - View Single Post - DNW's UE Diary
   
   
2. 22/09/12 - Received from Barclaycard - Notice of Assignment to MKDP LLP (Filed awaiting contact from MKDP)
3. 16/10/12 - Received from MK Rapid Recoveries - We've bought your debt, please send us a payment.
4. 19/10/12 - Sent to MKRR - Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
5. 24/10/12 - Received from MKRR - Final Notice... we are instructing pre-litigation dept and they may commence proceedings against you.(Filed as I think it had crossed with my letter of 19/10/12)
6. 14/12/12 - Received from MKRR - They're liasing with my original creditor to fulfil my request for documents (Filed - awaiting further contact)
7. 01/03/13 - Received from MKDP - They're still unable to fulfil my CCA request and will re-contact as soon as they receive requested documents from OC. (Filed)
8. 05/04/13 - Received from MKDP - They're still in contact with Barclaycard for the CCA and will be in touch shortly. (Filed)
9. 05/04/13 - Received from MKDP - some statements of account. they're still looking for CCA and will be in touch. (Filed)
10. 24/04/13 - Received from MKDP - Recon CCA received. Emailed to Niddy and await his response.
11. 24/04/13 - Sent to MKDP - CCA Query - Missing Prescribed Terms - allaboutDEBT UK
12. 16/05/13 - Received from Keynes Collections -Notice of Intended Legal Action - if no payment is made within 14 days, further action may be taken without further notice.
13. 18/05/13 - Sent to Keynes - Account Sold whilst in Dispute - allaboutDEBT UK
14. 24/05/13 - Received from MKDP - Final response, we have supplied a true copy CCA as per Carey v HSBC, there is no obligation to provide a signed copy, it's enough to know a copy was signed at time of inception. Feel free to complain to FOS if you don't like this.
15. 29/05/13 - Sent to MKDP & cc's to Keynes a one liner informing them I would be taking up with FOS (as per post allaboutFORUMS - View Single Post - DNW's UE Diary
    

Barclaycard2 Update


12/06/13 - Received from MKDP - Confirm final response has been issued and they're no longer able to enter into any correspondence. I have the right to refer to FOS if I wish.



Since MKDP have sent me a final response (twice) now, is it now time to actually write to FOS and send a copy to MKDP & Keynes? What kind of things could/should my complaint consist of?

[DNW]

Re: DNW's UE Diary

Sorry, I meant 'what would you do if you were in my position', rather than how it sounded as 'what should I do'!!

I was originally going to send LBA to Keynes when I received their letter, but Deepie suggested Sold in Dispute might be more apt so that's what I sent at the time. I've not heard back from Keynes yet so will send them a copy of my MKDP one-liner for now and see what their next move is. Hopefully they'll respond giving me a chance to send Paul's letter rather than just throwing a claim into Northampton.