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  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Never-In-Doubt View Post
    But a recon can suffice if it contains the same data and taken from a similar source. The point is the recon does have all the PT's attached, your signature is not even necessary so forget that part - sorry I'm not being a spoilsport but I can't sit here and agree with you when recent cases have shown that your argument would fail. Sorreeeee
    No worries Niddy, fully understand, I was clinging on to a little hope with it being such a big debt!! Pooks

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Never-In-Doubt View Post
    Oh but of course

    You can send the missing prescribed terms template. See how they like that
    Thanks Niddy and CC!

    Never mind eh, you cant win them all.. you can but play and try! Shall I just sit back now and see what they throw at me next.. and then send the missing prescribed terms template?

    I have now also received a letter from RBS (was being collected by Triton and deemed UE). Obviously Triton have given up and its gone back to RBS. This is what they say:

    I am disappointed to note that you have failed to comply with our agreement. Unless I receive an immediate payment to your account and regular repayments thereafter, as arranged, I will have no alternative but to place your account in the hands of external DCA's, without prior warning.

    Should I send RBS the missing prescribed terms letter?

    Also received a letter today from Colemans solicitors re the Orange contract that hasnt been paid for at least a year (I though I had already paid this off). It went from Orange, through various dca's I was paying through dmp. Then to capquest, who appointed Mackenzie Hall to collect on their behalf. I sent a CCA request to M.H who said they forwarded it on to Capquest and if no reply they would close case. Then it went to Connect on behalf of Capquest and now Colemans are on the case. It says:

    We act for M.H who are agents for Capquest. We are instructed that despite our client's previuos attempts to obtain payment you have not responded. Our client is not aware that you have any valid reasons for non payment. You shoudl make arrangements to settle the oustanding amount within the next 7 days, failure to enter an arrangement may result in legal proceedings against you.

    Any ideas what to respond to this or should I ignore for now?

    Thank you all for your help, Pooks!
    Last edited by pooksthebear; 1 May 2012, 22:36.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Originally posted by CleverClogs View Post
    But is it capable of sustaining a bluff that it's UE?
    Oh but of course

    You can send the missing prescribed terms template. See how they like that

    Leave a comment:


  • CleverClogs (RIP)
    replied
    Re: Pookies UE Diary

    But is it capable of sustaining a bluff that it's UE?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Oh Niddy... just one more thing... the signature box on the copy they sent looks different to the rest of the document.. its fuzzy as if its been scanned on. Also, the font appears different in place and so does the type with some being in bold on one copy but not on the other. Lastly, my copy appears larger than the copy they have sent which has a border round. Not sure if any of this makes any difference but I uploaded both theirs and my copies for comparison!

    Thanks again for all your help
    But a recon can suffice if it contains the same data and taken from a similar source. The point is the recon does have all the PT's attached, your signature is not even necessary so forget that part - sorry I'm not being a spoilsport but I can't sit here and agree with you when recent cases have shown that your argument would fail. Sorreeeee

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Ok I wont send it, should I ask them for the assignment letter?

    I have uploaded the CCA to the secure area, there are two posts in there for the CCA from CL Finance. One is the one they sent me, the other is the one I already had for you to compare with. Have I sent them to the right place?

    Thanks
    I have replied to this now - sorry for the delay.

    Unfortunately it is enforceable as the PT's are within the signed agreement. It's enforceable.

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Never-In-Doubt View Post
    Hiya

    Don't bother with SAR. It's obviously sold by assignment.

    Have you emailed me the cca? Can you?

    Thanks
    Ok I wont send it, should I ask them for the assignment letter?

    I have uploaded the CCA to the secure area, there are two posts in there for the CCA from CL Finance. One is the one they sent me, the other is the one I already had for you to compare with. Have I sent them to the right place?

    Thanks

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Oh Niddy... just one more thing... the signature box on the copy they sent looks different to the rest of the document.. its fuzzy as if its been scanned on. Also, the font appears different in place and so does the type with some being in bold on one copy but not on the other. Lastly, my copy appears larger than the copy they have sent which has a border round. Not sure if any of this makes any difference but I uploaded both theirs and my copies for comparison!

    Thanks again for all your help

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Hiya

    Don't bother with SAR. It's obviously sold by assignment.

    Have you emailed me the cca? Can you?

    Thanks

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Never-In-Doubt View Post
    Yes because they send a copy for you to sign and return then send you a blank copy without said signature, usually you get two at the time you apply and you keep one and sign one. A signature is not necessary to comply with CCA recon either so don't hold out hope on this.

    RBS have nothing to do with this, me thinks you may be getting confused - it is an old Bank of Scotland account as they are writing to you - I don't know why RBS are writing, it may well be a different account but rule one thing out - it has nothing whatsoever to do with this account so lets stop confusing matters. Different brands, never been linked to each other nor to GE Money etc.

    (the RBS statements referred to in my earlier post are for an unenforceable credit card)

    The way you got the loan also suggests that it is HBOS as that is how they do things.

    It is enforceable from first glance - I'll come back to this shortly.....

    They were never linked mate, confusing or what? As for GE Money - they were never linked to HBOS either as they were their own financing arm and bought/owned over 80% of store cards at their peak, this went to Santander so there should be no link to GE Money either UNLESS they acted as a broker which from the history of their products and GE Money I can find no link. So we have to assume this is a standalone BOS loan and unless we get told otherwise we need to treat it as such.

    I did have another debt with CL Finance that I paid off a couple of years ago, I think that maybe this is why the DMC asked me to ring GE money as perhaps GE were involved with that particular loan.. who knows!




    Ok you need to do a SAR then - we need to get to the bottom of this, so send one of these and £10 postal order to BOS - use the main address at George Street Edinburgh. ---> Our Templates | Unenforceability Templates | Subject Access (SAR) - Advanced Request

    When they send back the info then you would hunt through it looking for clues etc - are you paying this debt or not? Who is actually hassling you, is it Lewis or BOS or others - or are you not being hassled as such? Please clarify....

    As above, who last wrote to you. The last letter was from XXXX? And dated when?


    Hi Niddy (aka never in bed), given up on the mystery multi quote..! Ive put some bits in above in blue.. my special multi quote method lol!

    Yes its BOS not RBS. Paid loads of companies for this (through debt management). When I was did the full and final I was told to ring GE Money (by the DMC) which I did, they directed me to Santander who told me they no longer owned the debt and to ring CL Finance.

    I havnt heard from BOS or Santander for years, it was Santander who defaulted me in 2005 but CL Finance were the ones who sent the CCA, they sent this letter on 8th November:-

    allaboutFORUMS - View Single Post - Pookies UE Diary

    On 16th December they sent CCA, heard nothing from CL since. On 19th March I received this from Lewis Debt Recovery:

    Re CL Finance Ltd

    As you know, you had previously instructed DMC to look after your payment arrangements with us.

    Unfortunately, despite repeated attemps to contact them, we have received no payment or alternative payment proposals on your behalf. We therefore have to assume that DMC are no longer acting on your behalf.

    It has now been some time since we received a pyament from you and we can continue to hold your account indefinately. If you are still experiencing financial difficulty or DMC continue to look after your affairs, you can discuss this with us by calling xxxxx where one of our advisors will be happy to help you.

    Alternatively, you can seek independent help with your financial situation from a number of sources. Please remember we are here to help. However, we can not continue to hold your account without further contact. If we do not hear from you within the next 10 days we will return your account to our collections unit.

    Incidently the address of Lewis Debt Recovery and CL Finance is virtually identical in Cleckheaten and when I was trying to find address to sent full and final to I was asked to write to Lewis Group Cleckheaton. Presume Cl Finance and Lewis Debt Recovery are one and the same?

    I will do the SAR thing on Monday!

    Thank you for never being in bed and helping me again! Pooks

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Hahaha.... actually was up at 6.30 (erm.. am!) spent last half hour trying to fathom the mystery of the multi quote
    ermmm ---> User Guide - Using Multi-Quote - allaboutFORUMS

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Never-In-Doubt View Post
    yea 7pm - you weren't kidding!
    Hahaha.... actually was up at 6.30 (erm.. am!) spent last half hour trying to fathom the mystery of the multi quote

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    4/5am... blooming eck I will still be in land of nod till 7!!

    Thanks Niddy
    yea 7pm - you weren't kidding!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Hiya, the loan was from Bank of Scotland (but it says retail financial services as well as Bank of Scotland on the accompanying letter I got with my copy of the original CCA (which I have) but the copy of the CCA I have is not signed, yet the one they have sent is signed and dated by me which is odd!
    Yes because they send a copy for you to sign and return then send you a blank copy without said signature, usually you get two at the time you apply and you keep one and sign one. A signature is not necessary to comply with CCA recon either so don't hold out hope on this.

    Originally posted by pooksthebear View Post
    Actually Niddy its very confusing as the agreement letter is from Bank of Scotland (not RBS), and when it went into default I had been paying GE Money and Santander (it was Santander that defaulted me) - presume these were all part of same company or it must have been sold on, it has had many, many owners and now ended up with CL Finance. I got the loan over the phone from an ad in the paper and the cheque was delivered by courier.. very strange set up!! Not sure if any of this is relevant but thought would mention it!!
    RBS have nothing to do with this, me thinks you may be getting confused - it is an old Bank of Scotland account as they are writing to you - I don't know why RBS are writing, it may well be a different account but rule one thing out - it has nothing whatsoever to do with this account so lets stop confusing matters. Different brands, never been linked to each other nor to GE Money etc.

    The way you got the loan also suggests that it is HBOS as that is how they do things.

    Originally posted by pooksthebear View Post
    Hiya Niddy, ive replied in the secure bit with some more info on that CCA. Have you had chance to have another look at it yet?

    Thanks, Pooks
    It is enforceable from first glance - I'll come back to this shortly.....

    Originally posted by CleverClogs View Post
    As far as I know, GE Money was never part of BoS nor was BoS ever part of GE Money. Did GE Money ever operate as a credit broker, whereby they arrange a loan and the customer becomes ever broker?
    They were never linked mate, confusing or what? As for GE Money - they were never linked to HBOS either as they were their own financing arm and bought/owned over 80% of store cards at their peak, this went to Santander so there should be no link to GE Money either UNLESS they acted as a broker which from the history of their products and GE Money I can find no link. So we have to assume this is a standalone BOS loan and unless we get told otherwise we need to treat it as such.

    Originally posted by pooksthebear View Post
    Hi CC, I really have no idea ahout GE Money/Bank of Scotland or who the heck the loan came from.. the only clue is the accompanying letter from Bank of Scotland headed paper with the address starting Retail Financial Services thanking me for taking the loan and its signed the Manager, Retail Financial Services.
    Ok you need to do a SAR then - we need to get to the bottom of this, so send one of these and £10 postal order to BOS - use the main address at George Street Edinburgh. ---> Our Templates | Unenforceability Templates | Subject Access (SAR) - Advanced Request

    When they send back the info then you would hunt through it looking for clues etc - are you paying this debt or not? Who is actually hassling you, is it Lewis or BOS or others - or are you not being hassled as such? Please clarify....

    Originally posted by pooksthebear View Post
    Lewis Debt recovery were last people to write to me so unclear if CL have now passed it on again.
    As above, who last wrote to you. The last letter was from XXXX? And dated when?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Hi Niddy, ive now uploaded the CCA for CL Finance into the secure area for you to have a look!

    Received another letter from Cabot today re the Yorkshire Bank Overdraft, it says:

    Unfortunately we are still waiting for Yorkshire Bank to provide the requested information. Although Cabot has again requested the information, the original lender is experiencing a delay in retrieving the information from its archives. We shall send the information to you as soon as we receive it.

    Mixed messages here.. first they say they dont have to send it because my account is pre the new legislation, now they say they are trying to get it!! Make your mind up please!!
    Obviously see what they come back with for now..... don't send a reply to that letter!

    Leave a comment:

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