DNW's UE Diary

[swanfan]

Re: DNW's UE Diary

Update:

Letter received in response to my 'I'm not signing':




Do I need to send them anything?

Send them this--> Unenforceability Templates - Section 3

[DNW]

Re: DNW's UE Diary

Perfect, thanks. I''ll get that off to them tomorrow.

[Never-In-Doubt]

Re: DNW's UE Diary

Perfect, thanks. I''ll get that off to them tomorrow.

Nice one, keep us updated - usually we have a template for each link in the chain as we've seen them and the same processes used many times before.....

Just keep us updated, if they still demand a signature then they're in breach of your s.78 and cannot enforce - you've given them ample opportunity to respond.

[DNW]

Re: DNW's UE Diary

All has been relatively quiet for the last 3 weeks or so, but I've an update that I could do with a bit of assistance with please...

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. 11/04/2011 Unable to suspend further account action
2. 12/04/2011 DD cancelled letter received
3. 15/06/2011 Default notice
4. 17/06/2011 Notice of arrears
5. 07/07/2011 Agreement terminated
6. 17/08/2011 CCA Request sent
7. 27/08/2011 CCA received and sent to Niddy via secure section
8. 31/08/2011
   

UPDATE:

The attached letter has been received today and I admit to being a little concerned about the words 'Monetary Judgement'. This is an enforceable debt so I'm not quite sure what to do next. They (Wragge & Co) say in this letter that Honda wrote to us on 5th October but the last correspondence we received was the CCA on 27/8

Thanks to my dearest and much appreciated mother, we are in a position to offer F&F on this if necessary, but if I can delay (and therefore receive a better settlement), this would obviously be preferable.

Any advice would be much appreciated

[Deepie]

Re: DNW's UE Diary

Hi DNW if you are in a position to offer f&f I would start at say £400 that might give you a bit of time untill Niddy gets back.......
Not my strong point i'm afraid

[BBoo]

Re: DNW's UE Diary

Dfinitely a good idea to show willing to try to settle or show that you're willing to come to an arrangement, as these people will carry out their threats. Obviously you could do without a CCJ.

[DNW]

Re: DNW's UE Diary

Do you think it's worth me writing to them and pointing out that we've not received the letter from Honda?

Or will this just waste valuable F&F correspondence time rather than delay proceedings?

[garlok]

Re: DNW's UE Diary

Honda do not need to send you a letter, they have instructed legal representatives to act on their behalf. Which is exactly what Wragge and Co are doing. If its really enforceable as has been suggested you need to come to some arrangement to settle this. They will pursue you. Wragge & Co are a highly respected and large family owned practice in Birmingham and are not known for playing shenanigans like most of the DCA type hangers on.

However always keep things in writing via Royal Mail, do not be tempted to telephone or e-mail.

Garlok

An F & F offer is probably a good way to start buying some time. Start at 10% (about) as I2D has said, at the very least if htis gets to court there is a trail of reasonableness from your side.

[DNW]

Re: DNW's UE Diary

Thanks for the background info, I'll get onto it as a matter of urgency - Is this the first letter I should send? Starter Test F&F Settlement Template

[garlok]

Re: DNW's UE Diary

yes that's a good start DNW and see where it takes you. That letter contains all of the salient points as approved by the site here.

Garlok

[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)
    

Quick question with regards to this one - I've ignored their offers of F&F as I'm very much expecting it to be unenforceable, but should I respond telling them to sod off until they respond to my CCA request or is it in my best interest that they've not even acknowledged it? I've been getting quite a lot of (unanswered) phone calls off them again the last couple of days so I guess they're getting desperate.

[Deepie]

Re: DNW's UE Diary

Quick question with regards to this one - I've ignored their offers of F&F as I'm very much expecting it to be unenforceable, but should I respond telling them to sod off until they respond to my CCA request or is it in my best interest that they've not even acknowledged it? I've been getting quite a lot of (unanswered) phone calls off them again the last couple of days so I guess they're getting desperate.

Just ignore.... there still in default of your CCA request

[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. ******* update below *******
13. 12/10/11 Recon CCA received
14. 13/10/11 Barclaycard T&C rec'd
15. 15/10/11 Letter from Mercers (dated 03/10) - 48 hour notice before passing to local rep (ignored)
16. 15/10/11 Letter from Calders (dated 10/10) - 7 day notice before passing to local rep
    
17. 19/10/11 'Don't Visit' me template to Calders in reply Templates - Harassment

I received a recon CCA from Barclaycard for this account today - should I upload to secure section for when Niddy returns? Or wait til he's back and then upload? That's assuming no one else wants it in Niddy's absence?

[Deepie]

Re: DNW's UE Diary

I received a recon CCA from Barclaycard for this account today - should I upload to secure section for when Niddy returns? Or wait til he's back and then upload? That's assuming no one else wants it in Niddy's absence?

Wait till Niddy gets back & do it then......It can wait a week

[DNW]

Re: DNW's UE Diary

Thanks In2


I bet Niddy dreads coming back!!