DNW's UE Diary

[Never-In-Doubt]

Re: DNW's UE Diary

Cabot - wait till they reply.

HSBC - dg, metropolitan etc all are shysters - see what comes next

Chill. No replies necessary here )

[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. 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)
    

UPDATE


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.



Do I need to respond to this or wait for the solicitors to contact me first?

[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. 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
    
    

UPDATE

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."


Cabot say that they will respond within 12 days, so I shall just sit tight and await their response.

[CleverClogs (RIP)]

Re: DNW's UE Diary

I think this one might have been made specially for me!

And cut with a greater body rise and an extra generous seat?

[CleverClogs (RIP)]

Re: DNW's UE Diary

Me neither. Not got a clue. Can we have a smiley for 'way over my head' please?

[CleverClogs (RIP)]

Re: DNW's UE Diary

Agreed. But do the thick DCAs know that? I've had a HSBC overdraft in orbit for two years now by requesting documents. It gets sent straight back to the bank each time. Give it 3.5 more years and I don't care what the CCA obliges the bank to do or not because it should be SB by then

I would certainly hope the alleged debt would become statute barred if neither the creditor nor any assignees are so remiss that they cannot lawfully enforce the alleged debt within five or six years. The legal requirements are hardly onerous; one could train a chimpanzee or even a delinquent Essex school-leaver to comply with the law.

However, by asking for the appropriate documents to be sent to you, a judge might subsequently find that you had tacitly acknowledged the alleged debt and/or that it had been incurred by you. This could depend on what your letter stated; if it declared that you did not acknowledge the debt and challenged the creditor or DCA to prove their assertions by sending the appropriate documents, that might be OK.

[samsmum]

Re: DNW's UE Diary

I think this one might have been made specially for me!

Niddy's right. I could pick any one of them. They all apply to me

[Never-In-Doubt]

Re: DNW's UE Diary

I will do a new CCA Request type template and plop it in post 1 on the new thread and if they get arsey then send it off

Does no harm really.

Here ---> allaboutFORUMS - View Single Post - Overdrafts - CCA Information

[DNW]

Re: DNW's UE Diary

I think this one might have been made specially for me!

[Never-In-Doubt]

Re: DNW's UE Diary





^^^^^^^ Take your pick

Me neither. Not got a clue. Can we have a smiley for 'way over my head' please?

[Never-In-Doubt]

Re: DNW's UE Diary

I will do a new CCA Request type template and plop it in post 1 on the new thread and if they get arsey then send it off

Does no harm really.

[samsmum]

Re: DNW's UE Diary

Me neither. Not got a clue. Can we have a smiley for 'way over my head' please?

[Never-In-Doubt]

Re: DNW's UE Diary

I'm following!

Should I stop the token payments that I restarted

Yea just stop payments, won't make any difference will it

[DNW]

Re: DNW's UE Diary

I do hope you're all following this

I'm following!

Should I stop the token payments that I restarted (without consulting the experts here first last month on the OD (they didn't default til Dec anyway, so if I stop again now I've only 'lost' a month or 2 in the grander scheme of things

[Never-In-Doubt]

Re: DNW's UE Diary

By 9 am tomorrow morning ?

In ten minutes

New thread here: ---> Overdrafts - allaboutFORUMS