DNW's UE Diary

[CleverClogs (RIP)]

Re: DNW's UE Diary

21/03/12 - Letter from Natwest - Thanks for your recent letter, unfortunately you haven't signed it and we therefore can't action its contents without being to verify your identity. Please sign and return the enclosed pro-forma.

Tell them to stop playing at Silly Buggers, as they have been quite content to send personal and confidential data to your address in the past without previously requiring a signature. Remind them of the time permissible to respond to a SAR under section 7 of the DPA.

23/03/12 - Letter from Westcot - They are to refund the one interest charge added since 14th Jan (date of formal demand), however the default charge will remain in place.... We believe this resolves the dispute and look forward to your payment.

Tell them that their clients are a bunch of numpties who seem to have no concern that their charge for a default notice is simply not allowed under section 86(E) of the Consumer Credit Act 1974:

(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.

Use large type and eschew "difficult" words. Write as if the letter was being sent to a mentally retarded child. If appropriate, add illustrations and enclose a small packet of crayons.

Send both letters by Recorded Delivery.

[Never-In-Doubt]

Re: DNW's UE Diary

Haha - CC has provided the answers but not really helped by way of addressing the letters....

I would consider utilising this and editing it to suit: ---> Our Templates | Unenforceability Templates | Signature Request - Formal Response

[Undercover Elsa]

Re: DNW's UE Diary

Hi DNW,
See what Niddy says, but I did the CCA type request for my OD and so far so good, had a letter saying they couldn't produce an agreement due to age of account. That was about a month ago, not heard anything from anyone since.
Reclaiming bank charges is pretty difficult nowadays unless you're in extreme hardship. That said, if it came to a repayment plan I personally would only pay what's genuinely owed, not charges. Once that's covered I'd stop payment as I suspect they wouldn't want to risk court for purely charges.

Shep x

[DNW]

Re: DNW's UE Diary

Barclaycard2

Name                     - Barclaycard Gold Master
Type of account          - Credit Card
Date commenced           - Feb 2006
Approx balance           - £2000
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. 12/10/11 Recon CCA received - awaiting Niddys return
    
13. 13/10/11 Barclaycard T&C rec'd
14. 15/10/11 Letter from Mercers (dated 03/10) - 48 hour notice before passing to local rep (ignored)
15. 15/10/11 Letter from Calders (dated 10/10) - 7 day notice before passing to local rep
    
16. 19/10/11'Don't Visit' me template to Calders in reply Templates - Harassment
17. 28/10/11 Niddy says
18. 07/12/11 Letter from Barclaycard - Formal demand for payment
19. 19/12/11 - Received letter from Barclaycard - your account has now been passed to RMA to manage (ignored)
20. 23/12/11 - Received from RMA - We are now dealing with your account (ignored)
21. 04/01/12 - Received postcard from RMA saying they would contact on 'Wednesday between 0800 and 2000' (ignored)
22. 11/01/12 - Received letter from RMA offering settlement opportunity(ignored)
23. 20/01/12 - Received letter from RMA - "We cannot help you if you don't call us and won't speak to us... We can't hold the settlement offer open any longer... Please call us before 9pm tonight" (letter took 10 days to arrive anyway!)
24. 21/01/12 - Received letter from RMA - "Matter still unresolved... Unless suitable repayment terms agreed, we may proceed to complete a pre-litigation report." They ask us to call or email them
25. 23/01/12 - Sent in response: Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
26. 31/01/12 - Received letter from RMA - Notice of potential doorstep recovery.. we intend to forward your account to Scotcall Ltd (ignored as it was dated 24/01/12 and crossed with my letter of 31/01/12)
    

UPDATE

31/03/12 - Received letter from Barclaycard - We've now passed your account to Apex to manage.

I've just filed this awaiting further contact from Apex.

[DNW]

Re: DNW's UE Diary

Barclaycard2

Name                     - Barclaycard Gold Master
Type of account          - Credit Card
Date commenced           - Feb 2006
Approx balance           - £2000
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. 12/10/11 Recon CCA received - awaiting Niddys return
    
13. 13/10/11 Barclaycard T&C rec'd
14. 15/10/11 Letter from Mercers (dated 03/10) - 48 hour notice before passing to local rep (ignored)
15. 15/10/11 Letter from Calders (dated 10/10) - 7 day notice before passing to local rep
    
16. 19/10/11'Don't Visit' me template to Calders in reply Templates - Harassment
17. 28/10/11 Niddy says
18. 07/12/11 Letter from Barclaycard - Formal demand for payment
19. 19/12/11 - Received letter from Barclaycard - your account has now been passed to RMA to manage (ignored)
20. 23/12/11 - Received from RMA - We are now dealing with your account (ignored)
21. 04/01/12 - Received postcard from RMA saying they would contact on 'Wednesday between 0800 and 2000' (ignored)
22. 11/01/12 - Received letter from RMA offering settlement opportunity(ignored)
23. 20/01/12 - Received letter from RMA - "We cannot help you if you don't call us and won't speak to us... We can't hold the settlement offer open any longer... Please call us before 9pm tonight" (letter took 10 days to arrive anyway!)
24. 21/01/12 - Received letter from RMA - "Matter still unresolved... Unless suitable repayment terms agreed, we may proceed to complete a pre-litigation report." They ask us to call or email them
25. 23/01/12 - Sent in response: Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
26. 31/01/12 - Received letter from RMA - Notice of potential doorstep recovery.. we intend to forward your account to Scotcall Ltd (ignored as it was dated 24/01/12 and crossed with my letter of 31/01/12)
27. 31/03/12 - Received letter from Barclaycard - We've now passed your account to Apex to manage. (Filed awaiting further contact)
    

UPDATE

04/04/12 - Received from Apex - ....unable to contact you and this is potentially your last opportunity to arrange payment before further action considered.

Should I respond to Apex now?

[Never-In-Doubt]

Re: DNW's UE Diary

Should I respond to Apex now?

---> Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

[DNW]

Re: DNW's UE Diary

Natwest Overdraft

Name                     - Natwest
Type of account          - Overdraft
Date commenced           - Oct 2000
Approx balance           - £2,200
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)
26. 08/03/12 - Token Payments ceased (as had resumed in error pending CCA type request)
27. 09/03/12 - Letter from Natwest - Acknowledge receipt of SAR but can't proceed without signed authority
28. 13/03/12 - Sent Our Templates | Unenforceability Templates | Creditor Refusal of SAR
    
29. 21/03/12 - Letter from Natwest - Thanks for your recent letter, unfortunately you haven't signed it and we therefore can't action its contents without being to verify your identity. Please sign and return the enclosed pro-forma.
    
30. 23/03/12 - Letter from Westcot - They are to refund the one interest charge added since 14th Jan (date of formal demand), however the default charge will remain in place.... We believe this resolves the dispute and look forward to your payment.
31. 30/03/12 - Sent to Natwest: Our Templates | Unenforceability Templates | Signature Request by Creditor/DCA
32. 30/03/12 - Sent to Westcot: Part 1: allaboutFORUMS - View Single Post - Overdrafts - CCA Information
    

UPDATE


12/04/12 - Received from Natwest - "As you don't want to sign the request, we can send the requested details to a nominated branch for you to collect - evidence of your identity will be required upon collection".


I'm.unsure how to respond to this - should I write back and agree to collection?

[DNW]

Re: DNW's UE Diary

Should I agree to collecting from a branch?

[Susie]

Re: DNW's UE Diary

For an SAR I would think that would be ok as its a lot of personal information rather than a copy of an agreement, plus when you show them your ID they will already have provided what they have so would be unlikely to need your signature for impropper use.

[DNW]

Re: DNW's UE Diary

Thanks Susie

[DNW]

Re: DNW's UE Diary

Marbles

Name                     - Marbles
Type of account          - Credit Card
Date commenced           - Aug 2003
Approx balance           - £9,750
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - Account Closed
Account owner            - Assigned to 1st Credit

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 (filed)
12. 03/10/11 Letter received - please contact us, settlement figure may be available (filed)
13. 18/10/11 Letter received - asking for card to be returned and informing DN has been issued (filed)
14. 03/11/11 Letter received - You can't have a new card [] (filed)
15. 10/11/11 Letter received - from 1st Credit, final reminder, writing OBO client Marbles. May send doorstep agent, may issue court proceedings (filed)
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
    
18. 23/12/11 Letter received - 1st Credit - 25% off account, just for you(!) (filed)
19. 23/12/11 Letter received - 1st Credit - Thanks for your letter - it's been passed to the apt dept and they will respond in due course (filed)
20. 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.
21. 13/01/12 Letter received - Marbles - Sorry you had to complain, we have previously provided a recon however at the moment we are unable to trace the original agreement or application form. While we locate this we will not enforce.... we note you do not dispute that the debt exists but argue that the agreement is UE on statutory grounds - we maintain there is no breach of the banking code. (filed)
22. 27/01/12 Letter received - Marbles - WEF 1st March, your Marbles credit card agreement will be between you and Progressive Credit Limited. You did not need to take any action as a result of this. (filed)
    

UPDATE


1)16/04/12 Received - Marbles - Notice of Assignment to 1st Credit

2)16/04/12 Letter received - 1st Credit - We are now legal owners of this account - please contact us to agree repayment options


1) Filed, no action necessary
2) Should I send this? Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

[Deepie]

Re: DNW's UE Diary

UPDATE


1)16/04/12 Received - Marbles - Notice of Assignment to 1st Credit

2)16/04/12 Letter received - 1st Credit - We are now legal owners of this account - please contact us to agree repayment options


1) Filed, no action necessary
2) Should I send this? Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Yes that's the one just to let 1st Credit know...........

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,200
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)
    
    
20. 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."
    
21. 12/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
    
22. 19/03/12 - Received from MK Rapid Recoveries - Thanks for writing, at this time we are unable to resolve your query and we'll liaise with OC and re contact you in due course.(filed)
    
23. 22/03/12 - Received from MK Rapid Recoveries - As you've not taken up our offer of help, as a legal requirement we must inform you we're instructing our pre-litigation team to review your account.... They may commence litigation... It's not too late to resolve this.
    
24. 30/03/12 - Sent to MKRR Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
    

UPDATE

14/04/12 - Received from MKRR - We've requested a copy of the documents from BC and this will be forwarded to you in due course.

This has been filed as no response needed.

[DNW]

Re: DNW's UE Diary

Marbles

Name                     - Marbles
Type of account          - Credit Card
Date commenced           - Aug 2003
Approx balance           - £9,750
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - Account Closed
Account owner            - Assigned to 1st Credit

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 (filed)
12. 03/10/11 Letter received - please contact us, settlement figure may be available (filed)
13. 18/10/11 Letter received - asking for card to be returned and informing DN has been issued (filed)
14. 03/11/11 Letter received - You can't have a new card [] (filed)
15. 10/11/11 Letter received - from 1st Credit, final reminder, writing OBO client Marbles. May send doorstep agent, may issue court proceedings (filed)
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
    
18. 23/12/11 Letter received - 1st Credit - 25% off account, just for you(!) (filed)
19. 23/12/11 Letter received - 1st Credit - Thanks for your letter - it's been passed to the apt dept and they will respond in due course (filed)
20. 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.
21. 13/01/12 Letter received - Marbles - Sorry you had to complain, we have previously provided a recon however at the moment we are unable to trace the original agreement or application form. While we locate this we will not enforce.... we note you do not dispute that the debt exists but argue that the agreement is UE on statutory grounds - we maintain there is no breach of the banking code. (filed)
22. 27/01/12 Letter received - Marbles - WEF 1st March, your Marbles credit card agreement will be between you and Progressive Credit Limited. You did not need to take any action as a result of this. (filed)
23. 16/04/12 Received - Marbles - Notice of Assignment to 1st Credit (filed)
24. 16/04/12 Letter received - 1st Credit - We are now legal owners of this account - please contact us to agree repayment options
25. 18/04/12 Sent - Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
26. 28/04/12 Received - 1st Credit - Thanks for your letter, we'll respond in due course.
    

UPDATE

28/04/12 Received - 1st Credit - We're unaware of any dispute (lack of valid CCA doesn't constitute a dispute, but we agree it is UE at this time). Can you advise us of the dispute? When we have provided you with the correct documentation, we will be in contact to discuss payments. We won't be closing this account.

Should I respond to their request of telling them specifically what the dispute is?

[Deepie]

Re: DNW's UE Diary

UPDATE

28/04/12 Received - 1st Credit - We're unaware of any dispute (lack of valid CCA doesn't constitute a dispute, but we agree it is UE at this time). Can you advise us of the dispute? When we have provided you with the correct documentation, we will be in contact to discuss payments. We won't be closing this account.

Should I respond to their request of telling them specifically what the dispute is?

I Wouldn't seee what they do next