DNW's UE Diary

[Never-In-Doubt]

Re: DNW's UE Diary

the date is correct - I really am that far behind with filing

[Never-In-Doubt]

Re: DNW's UE Diary

HSBC Update:

18/11/11 Received from Metropolitan - copy of CCA (just about to upload to secure section, but not all 35 pages!) (the date is correct - I really am that far behind with filing

Its a recon and even that's a laugh-a-second attempt. No PT's, no boxes, let alone the mandatory 4 corners and best of all - wrong personal details.

Totally

But then we knew that anyway cos back then, before they became HSBC they used to issue visa/mastercard accounts and issued two cards under one shared limit. This mentions nothing, let alone the type of card

Well done, but as you've taken a month to update then I'd just leave it and see what metropolitan or whoever send next!

[DNW]

Re: DNW's UE Diary

Well done, but as you've taken a month to update then I'd just leave it and see what metropolitan or whoever send next!

I'd like to give some fantastic excuse for being so far behind, but I have no excuse other than things I deemed more important getting in the way

I've caught up now though

[PlanB]

Re: DNW's UE Diary

shame - that's proof that they're in default as they cannot cash payment until they agree to comply with the s.78 request

Really? That's great news So if a DCA banks my postal order that's a tacit acceptance for the responsibiity for my s.78 request on behalf of the creditor? That probably explains why AIC have a habit of sending back the PO once they've checked with the client that no CCA exists

Sorry Niddy you've probably already explained this a million times, but does that DCA remain responsible for the s.78 request even after the account has been sent back to the creditor and reallocated to a whole load of new DCAs?

[Never-In-Doubt]

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).

Of course cashing your cheque constitutes acceptance of your s.78 request so if they bank the cheque - then they've got 14 days to respond

[PlanB]

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.

Thank you for that simple explanation for my simple mind 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

[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
    

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 ?

[MrsD]

Re: DNW's UE Diary

yes i would

[DNW]

Re: DNW's UE Diary

Thanks ELD, I'll get that off to them tomorrow

[DNW]

Re: DNW's UE Diary

Marbles

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

Key:
Them
Me
Other

Activity

1. 08/04/11 DD cancelled letter
2. 20/04/11 Frozen interest and charges provided £1 payment sent
3. 28/05/11 Notice of arrears
4. 09/07/11 Default notice
5. 24/07/11 My letter - no change in circumstances.
6. 28/07/11 In arrears notice
7. 17/08/11 CCA Request sent
8. 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.
9. 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
10. 09/09/11 Niddy says
11. 19/09/11 Letter received - please contact us (ignored)
12. 03/10/11 Letter received - please contact us, settlement figure may be available (ignored)
13. 18/10/11 Letter received - asking for card to be returned and informing DN has been issued (ignored)
14. 03/11/11 Letter received - You can't have a new card [] (ignored)
15. 10/11/11 Letter received - from 1st Credit, final reminder, writing OBO client Marbles. May send doorstep agent, may issue court proceedings (ignored)
16. 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. 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?)

[DNW]

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 about The 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'

[billytommo]

Re: DNW's UE Diary

Yep, had one of those too. I bet there was no date on the card either I only have one account with them so it was easy to file

[MrsD]

Re: DNW's UE Diary

just a nasty wee ploy to get you to phone, I'd file in the shredder.......................

[oldyboy]

Re: DNW's UE Diary

But now I've got to create a new file in my system for 'General/Unknown'

You might already have such a file, if it's like mine it's big and gets emptied by the local council at regular intervals.........

[garlok]

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