DNW's UE Diary

[CleverClogs (RIP)]

Re: DNW's UE Diary

07/12/11 - Received from Barclaycard - Formal demand for payment, interest will continue to accrue and no statements to be sent.

That does seem a bit naughty, especially since (link) section 78 (4) of the Consumer Credit Act 1974 imposes a duty to provide statements, section 86C (link) requires a creditor to provide statements of an account in arrears and section 86D (link) not only absolves the debtor from any interest that may have been incurred while the creditor was in default of their obligations but also renders the agreement for as long as the creditor's default persists.

[CleverClogs (RIP)]

Re: DNW's UE Diary

19/12/11 Letter from Natwest - Notice of default sums (they charged £30 to issue a DN!)

That's also a bit naughty, since section 86E of the CCA (link) clearly and unambiguously states:

6. The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.

But then, RBS Gruppe are nearly as perverse as Sharklays.

[DNW]

Re: DNW's UE Diary

Thanks CC, but would that still apply given that this is an overdraft not loan or credit card?

[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
    

Udates: 2 for the price of one today..

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.


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...



What should I respond with this time please?

[Deepie]

Re: DNW's UE Diary

Udates: 2 for the price of one today..

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.


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...



What should I respond with this time please?

I Would ignore see what they do next............I have had letters like that before just a lot of MAY's

[DNW]

Re: DNW's UE Diary

Thanks In2, ignore I shall

[MrsD]

Re: DNW's UE Diary

bet they sell it on!

[DNW]

Re: DNW's UE Diary

Let's hope so! Although it makes no difference either way I guess really.

I wish some of my enforceables would hurry up and sell... they've all been very conspicuous by their lack of contact recently

[CleverClogs (RIP)]

Re: DNW's UE Diary

Thanks CC, but would that still apply given that this is an overdraft not loan or credit card?

I believe it would, as the last clause in that section states:

(8) This section does not apply in relation to a non-commercial agreement or to a small agreement.

Neither description seems appropriate, does it?

[CleverClogs (RIP)]

Re: DNW's UE Diary

These guys seem to be under the impression that you are using a Rankine-style Claims Management Company to bring proceedings against them as a Claimant!

Goes to show how *well* they understand all the Statute Law and Case Law being thrown at them!

vere, capita eorum in asinorum sunt

[pepe2008]

Re: DNW's UE Diary

vere, capita eorum in asinorum sunt

Right up to their collar bones I should think !

[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)
    

UPDATE


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"


I'm thinking sending Account Sold whilst in Dispute would be appropriate as the OC never supplied me with a CCA?

[Deepie]

Re: DNW's UE Diary

UPDATE


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"


I'm thinking sending Account Sold whilst in Dispute would be appropriate as the OC never supplied me with a CCA?

I Would......

[DNW]

Re: DNW's UE Diary

Thanks In2

It would be interesting to know how much it was sold for as the OC reduced to £247 very early on, yet rejected my counter offer of £150. If they sold for 10% they should kick themselves

But similarly, if I end up paying more than £247, I shall be the one kicking myself...

[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.
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)
    

UPDATE

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.


I'm guessing this needs no response so update for info only.