DNW's UE Diary

[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?

[DNW]

Re: DNW's UE Diary

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

[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.

[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.

[mk_chatham]

Re: DNW's UE Diary

Hi DNW

You could send Ask your Creditor to Hold Action / Charges - that would give you another 28 days to see what needs to be included in the DMP.

MK

[DNW]

Re: DNW's UE Diary

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.

I'm hoping to get a DMP up and running soon for all enforceable debts before any untoward action is taken - is it worth me sending Natwest a letter telling them we're receiving advice from a Financial Advisor and will be in touch with them again soon? Or should we just wait and see what their next action is?

[DNW]

Re: DNW's UE Diary

yep send it off - also, see this new service: ---> allaboutDEBT - NEW Site Coming! - Page 13 - allaboutFORUMS

Thanks, I've already registered, some great services in the pipeline

[Never-In-Doubt]

Re: DNW's UE Diary

Update:

Since they received my letter sent 10/01/12, Metropolitan have been ringing me (unanswered) 3 times a day without fail (usually starts around 08:00 and finishes at 20:00), sometimes they'll leave a recorded message saying "If you'd like to contact us, please call us back on ..." and sometimes they don't.

I think perhaps it's time I should send: Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

yep send it off - also, see this new service: ---> allaboutDEBT - NEW Site Coming! - Page 13 - allaboutFORUMS

[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

Update:

Since they received my letter sent 10/01/12, Metropolitan have been ringing me (unanswered) 3 times a day without fail (usually starts around 08:00 and finishes at 20:00), sometimes they'll leave a recorded message saying "If you'd like to contact us, please call us back on ..." and sometimes they don't.

I think perhaps it's time I should send: Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

[DNW]

Re: DNW's UE Diary

Thanks In2 - I'll get the Sold in Dispute off to them Monday

Edit: The edit button should be banned

[Never-In-Doubt]

Re: DNW's UE Diary

Edit: So which am I sending... threatogram or sold in dispute?!

Sorry I edited my post - send sold in dispute as I2D suggests

[Deepie]

Re: DNW's UE Diary

Thanks, will get that sent off to them on Monday.

Edit: So which am I sending... threatogram or sold in dispute?!

sold in dispute

[DNW]

Re: DNW's UE Diary

Thanks, will get that sent off to them on Monday.

Edit: So which am I sending... threatogram or sold in dispute?!

[Never-In-Doubt]

Re: DNW's UE Diary

I Would send this >Account Sold whilst in Dispute

[Never-In-Doubt]

Re: DNW's UE Diary

Should I reply with Respond to a Legal Threat ?

Actually send what I2D says above - good idea