New and confused

[samsmum]

Re: New and confused

Thanks for your replies Pixie. Will get all sorted this afternoon

[swanfan]

Re: New and confused

The CCA request is sent quoting sections 77 to 79 so what they're saying is total bollocks.

[Pixie]

Re: New and confused

i think you'd better check with Niddy about this but, as far as I'm aware the CCA request does apply to loans.

[samsmum]

Re: New and confused

HSBC LOAN
09/2001
£5600
04/2003
Not paying
Default 08/2004
Payments to Metropolitan
14/10/2011.. Letter fromLewis Group acting for CL finance. Says no payment received sinc 22nd June and to contact them.
14/10/2011..CCA Request sent
09/12/2011..letter received saying they cannot accept my monthly payment offer without I&E evidence. Haven't made an offer
12/12/2011..CCA Reminder-Unenforceability Threat letter sent
30/12/2011..letter saying they acknowledge receipt of CCA request but are agents not creditor(CL Finance).Agreement was terminated prior to court proceedings and entry of a ccj on 5/10/2009 therefore effect of section 78 is no longer applicable and judgement can be enforced if payments not made in accordance with judgement. Send proposals for payment. First we've heard of this and was on a dmp with cccs at the time
02/01/2012...found letter from Northampton court dated 05/06/10 stating this was cancelled as entered erroniously
03/01/2012..sent letter to Lewis group stating i have documentary evidence to prove ccj does not exist
23/02/2012..letter from Lewis group. Sorry to hear of financial difficuties and will accept £1per month til situation improves
09/03/2012..Letter from Lewis group. Further to previous letter in which they accepted a reduced payment???. Payment not received as agreed and is required immediately.
22/03/2012..Letter from Lewis...Despite writing on 2 occasions they've received no payment or proposals for payment.Cannot hold account open unless we contact them or Debt Stop Direct?? Please remember they are there to help!!
10/04/2012...Letter from Howard Cohen solicitors. Says we've already been advised that judgement was obtained against us. Failed to maintain payments under instalment order instructed by court. Pay arrears of £2220 to Lewis IMMEDIATELY or they will instruct the court to either send bailiffs or apply for an attachment of earnings. After payment of arrears next payment of £125 is due by 19th April
11/04/2012..Letter sent to Cohens with evidence ccj was set aside
13/04/2012...Letter from Cohens confirming they misread records and CCJ was set aside and apologising for content of letter. Furthermore the cca request we sent only applies to running-credit accounts. Our account has not been a running-credit account since 2003 therefore s78 does not apply. Debt still needs paying or will seek clients instructions re recovery action.

Update. Not heard of this. Can you advise please

[Pixie]

Re: New and confused

I'd send this Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[samsmum]

Re: New and confused

MBNA C/C
09/09/2000
£1360
04/2003
Not paying
arrears

Debt Clear recoveries(as from yesterday)

09/09/2011 CCA Request sent
02/10/2011 'CCA' recieved. Niddy says
03/10/2011 CCA query,application form received letter sent
23/01/2012..Notice of assignment from Global. Account now managed by Westcott
04/04/2012.. Letter from Fairfax solicitors. Been instructed by Arrow Global to obtain immediate payment. If not paid by April 8th they've been instructed to take further action
13/04/2012... DrydensFairfax solicitors..making us aware of potential serious consequences of not paying ie CCJ

update

[CleverClogs (RIP)]

Re: New and confused

UPDATE

File it.

[Pixie]

Re: New and confused

Just ignore.

[samsmum]

Re: New and confused

PAYDAY LOAN
07/2011
£420
DUE ON FRI 09/09/2011
25/09/2011..First Notice letter received
19/10/2011..Second Notice letter received
17/11/201..E mail received. Tells me i'm a valued customer and they want to help. 26 days to pay or they will consider further action. Cant renew my loan until sorted???
12/12/2011..Email received. 2 days to pay else they'll take it as a refusal to pay and pass to third party. I am however still a valued customer!!
20/12/2011..email received offering me 50% discount if paid by 23rd Dec
29/02/2012..Letter from Mackenzie Hall. Instructed to collect. Payment deadline noon 2nd March. Would prefer amicable settlement but will not hesitate to take further action as appropriate
25/03/2012..Letter from Mackenzie Hall. Coming to assess my doorstep and collect the field or may advise clients to issue a ccj,Niddy says ignore
05/04/2012..Email from Mackenzie Hall..Our clients have 3 offers to resolve outstanding account. One off payment of £280,3 payments of £115(£345) or 6 payments of £72 (432). Balance is £432!!
13/04/2012... Letter from Mackenzie Hall offering reduced settlement of £280. Same as last week

UPDATE

[samsmum]

Re: New and confused

That's what i thought. Thanks Pixie

[Pixie]

Re: New and confused

Yes Carry on ignoring - certainly while they've still go your ESA.

[samsmum]

Re: New and confused

Morning. Getting phone calls from Fred's now. Shall i just ignore or answer and stick the phone in a drawer? Let them waste money chasing a debt that's written off

Think i may have got it wrong on this one. Assumed Fred's were ringing about Reliable Collections but just found out today they've taken over my Nationwide o/d account so guess the calls could relate to that. Should i carry on ignoring the o/d??

[samsmum]

Re: New and confused

OVERDRAFT with Nationwide B/S
2008
£800
NOT PAYING
Last interest paid 06/08/2011 now changed bank acc
13/12/2011..Letter received. Pay up or will register a default notice'and instruct KPR to collect and could commence legal action
04/01/2012..Default notice issued on 31/12/2011. Balance £841
24/01/2012..Pre-debt collection notice received. If i dont pay as required by DN they will instruct KPR to recover full balance.Could involve legal action. KPR is the business name of Nationwide
17/02/2012..Letter from KPR. Formal Demand for Payment. Nationwide have passed the account over to recover debt.Committed to being fair and reasonable so contact to make arrangement to pay. Nationwide is considering ccj or decree. Would then enforce the judgement by charging order,attachment of earnings etc.alternatively account may be passed to external debt collectors
02/03/2012..letter from KPR. Offering me the opportunity to pay a significantly reduced one off discounted sum.Benefits .. no CCJ,no legal costs,will improve future credit rating and account will be closed and remaining balance written off. To take advantage ring immediately to discuss what discount is available. Offer only open for 7 days.
16/03 2012...Letter from KPR. I've failed to respond and they cannot allow this to continue. My debt has now become a priority. Must call within 7 days to make an acceptable offer to pay
12/04/2012... Letter from Fredericksons to say account has been passed to them Balance £880

Update. Account now passed onto them. Balance £880. Hmm don't think so as Nationwide still has nearly £400 of my ESA that was wrongly put in there

[samsmum]

Re: New and confused

Could combine the two. Answer as the local Indian restaurant then play a nice bit of Bollywood music,Saves buying a stamp. Pennies make £'s after all

[Pixie]

Re: New and confused

Nawty Diddles