DNW's UE Diary

[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?

[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.

[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?

[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 )

[Deepie]

Re: DNW's UE Diary

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?

Just sit and wait see what DG say............

[DNW]

Re: DNW's UE Diary

Thanks that's what I thought

[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)
24. 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.(Ignored)
    

UPDATE

23/02/12 Received (dated 19/02/12) -*DG Solicitors - ... We may be instructed to take legal action.. to avoid this I must pay amount outstanding within 14 days.. we may be able to arrange more time if you contact us immediately...

I noticed that DG are actually part of HSBC, it states that "This firm is the practicing name of solicitors employed by HSBC Group".

Should I respond with anything? I've never sent them the 'missing prescribed terms' letter since receiving the CCA, so should I send that to tell them why it's deemed ue? Or is there something more appropriate I can send them - I'd prefer to acknowledge them in some small way so as I have a decent paper trail if ever they do try it on in court, particularly as I've ignored all recent correspondence from Metropolitan.

[Deepie]

Re: DNW's UE Diary

UPDATE

23/02/12 Received (dated 19/02/12) -*DG Solicitors - ... We may be instructed to take legal action.. to avoid this I must pay amount outstanding within 14 days.. we may be able to arrange more time if you contact us immediately...

I noticed that DG are actually part of HSBC, it states that "This firm is the practicing name of solicitors employed by HSBC Group".

Should I respond with anything? I've never sent them the 'missing prescribed terms' letter since receiving the CCA, so should I send that to tell them why it's deemed ue? Or is there something more appropriate I can send them - I'd prefer to acknowledge them in some small way so as I have a decent paper trail if ever they do try it on in court, particularly as I've ignored all recent correspondence from Metropolitan.

HSBC Metropolitan & DG all the same, had dealing with these in the past, I would send...>.....
Final Response - Unenforceable (CCA Received)

[DNW]

Re: DNW's UE Diary

Thanks In2, sounds perfect. I'd not had to use that one yet

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,161
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears  (DN rec'd 03/09)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 18/04/11 Acknowledge receipt of I&E, refuse to reduce or stop charges
2. 27/04/11 Request for payment
3. 13/05/11 Reduced credit limit
4. 01/06/11 Reminder of overdue payment and informed it will be passed to Mercers to send default notice.
5. 30/06/11 Mercers - accept £1 payments, to be reviewed in 2 months. No interest or charges to be applied while making token payments.
6. 24/07/11 I wrote and requested refund interest & charges (sent to Barclays & Mercers)
7. 17/08/11 CCA request sent
8. 03/09/11 DN Received from Mercers
9. 05/09/11 Acknowledged CCA request - they're looking for it and will get back to me
10. 13/09/11 Letter rec'd from Mercers - 48 hours notice (letter dated 06/09/11), I have ignored their demands for payment so they are now passing my account to a local firm who may send a rep to visit me (ignored)
11. 29/09/11 Covering letter for Recon CCA enclosed - but no encs in envelope
12. 29/09/11 Letter received - Calders - 7 day notice (ignored)
    
13. 17/10/11 Current T&C received
14. 19/10/11 Letter sent to Calders - Harassment & Threat of Doorstep-Visit
15. 04/11/11 Letter received - Formal Demand for Payment (full balance) - until paid, no statements will be sent. If not paid by 08/11/11, debt collectors may call or you may be taken to court. We will set off any funds available to us.
    
16. 09/11/11 - Sent Final Response - Unenforceability (No CCA Received)
17. 15/11/11 - Received from Barclays - They feel they have fulfilled their obligations and complied with my s.78 request..... Re section 61, they point to paragraph 230 Carey vs HSBC, and say "It's insufficient.. to point to the absence of a signed, or a proper s78 copy as a foundation for a plea of an improperly executed agreement... They believe my credit agreement to be fully compliant and will oppose allegations that it isn't..... With regards to the OFT, they do not hold my account to be in dispute..... Attached was a copy of my CCA
18. 28/11/11 Niddy says
    
19. 06/12/11 - Received a letter from Barclaycard notifying me this has now been assigned to MKDP LLP (ignored - waiting to hear from MKDP)
    
    

UPDATE

09/03/12 - Received from MK Rapid Recoveries - "Further to our recent communication (no comms received prior to this from MK RR) we have not received your offer of payment... We want to help and are able to offer installments to clear the balance... We will continue to contact you to resolve this."


Should I send them this in response? Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

[Deepie]

Re: DNW's UE Diary

UPDATE

09/03/12 - Received from MK Rapid Recoveries - "Further to our recent communication (no comms received prior to this from MK RR) we have not received your offer of payment... We want to help and are able to offer installments to clear the balance... We will continue to contact you to resolve this."


Should I send them this in response? Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

yes send that.........

[DNW]

Re: DNW's UE Diary

Thanks In2, I'll send that off to MK.

Another update today:

Natwest Overdraft

Name                     - Natwest
Type of account          - Overdraft
Date commenced           - Oct 2000
Approx balance           - £2,181
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 31/05/11 - Letter refusing to accept I&E form
2. 04/07/11 - Letter reminding over OD limit and chages now £6 per day
3. 12/07/11 - Letter asking for contact to discuss
4. 12/07/11 - Phone call - Natwest won't default until balance reaches -£2250. I&E completed verbally
5. 04/07/11 - Overlimit OD - £6 per day charges
6. 02/08/11 - Letter asking for I&E
7. 04/08/11 - Unarranged OD fee warning
8. 05/08/11 - Breakdown of OD fees
9. - 30/08/11 Ceased token payment (to hurry along the default)
   
10. 12/09/11 - Letter from Natwest - please contact us (ignored)
11. 29/09/11 - Letter from Natwest - please contact us (ignored)
12. 11/10/11 - Letter from Power 2 Contact - please contact us (ignored)
13. 19/10/11 - Doorstep visit from Power 2 Contact (answered and contact card left for OH)
14. 19/10/11 - Letter sent to Natwest - No visits and please consider stopping/refunding charges
15. 04/11/11 - Letter from Natwest - they're sorry I had to complain, they're looking into it
16. 14/11/11 - Letter from Natwest - they're still investigating complaint
    
17. 16/12/11 - Letter from Natwest - Notice of intention to file a default, and DN received
18. 19/12/11 - Letter from Natwest - Notice of default sums (they charged £30 to issue a DN!)
19. 05/01/12 - Letter from Natwest - It's not to late to contact us to sort this out
20. 18/01/12 - Letter from Natwest - Terminating overdraft agreement and demand the account is paid in full. However they also offer the option to agree a mutually acceptable repayment plan.
21. 31/01/12 - Sent to Natwest - letter requesting refund of charges and resumed token payments
    
22. 10/02/12 - Letter from Westcot - They are now dealing with this account and would like to know when we're going to pay it.
23. 15/02/12 - Letter from Natwest - "Thanks for your letter of 31/01/12, Westcot are now dealing with your account and we have passed your letter to them and they will contact you shortly.... When charges and interest were applied to the account they were rightfully due within the T&C."
24. 21/02/12 - Sent Our Templates | Unenforceability Templates | Subject Access (SAR) - Typical Request
25. 07/03/12 - Letter from Westcot - Acknowledge we have raised a query on the account and will suspend all collection activity while the matter is being investigated. (filed)
    

UPDATE

09/03/12 - Letter from Natwest - Acknowledge receipt of SAR but can't proceed without signed authority


What's the deal with signing the authority for this given that it's an OD rather than loan/CC? I'm not sure how to proceed with this one.

[Deepie]

Re: DNW's UE Diary

Thanks In2, I'll send that off to MK.

Another update today:





UPDATE

09/03/12 - Letter from Natwest - Acknowledge receipt of SAR but can't proceed without signed authority


What's the deal with signing the authority for this given that it's an OD rather than loan/CC? I'm not sure how to proceed with this one.

Try this..>........Creditor Refusal of SAR

[DNW]

Re: DNW's UE Diary

Thanks. I'm guessing I don't really need to write a complaint? And if that's the case should I just take that bit out of the letter?

[Deepie]

Re: DNW's UE Diary

Thanks. I'm guessing I don't really need to write a complaint? And if that's the case should I just take that bit out of the letter?

Just leave that bit out........