Alland UE Diary

[alland]

Re: Alland UE Diary

Update 23-11-11
LTSB Card -Deemed UE
Balance £12K
Defaulted

[QUOTE]

10-04-11 Update #3
LTSB Card
Did not hear anymore from MHA Collections, but the account was eventually passed to Wescot earlier this year, I responded with "Account sold whilst in dispute" letter.
Have now received a response from Wescot dated 15/03/11

Dear alland,
We refer to your recent communication. Having contacted our client they have advised that your complaint has been resolved and we are to resume collection activity.
In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return.
If in the event you believe you still have a valid dispute, please contact us with the details withon 14 days, otherwise your account will be returned to our recovery team for collection.

Update -Sent Wescot a letter -account in dispute pending CCA s78 request, and they promptly closed the account and sent it back to LTSB.

Update - One brief letter from Allied credit, with usual threats of what would happen if i didn't pay them, again like with Wescot,once they received "accouint in dispute letter, they closed the account and handed it back to LTSB.

Since the above updates I have not heard from anyone for a few months on this one until today.

Letter received from Apex Credit Management Ltd. Now acting for LTSB.

Quote" Dear Mr Alland, We believe you are simply avoiding paying your debt(cheeky beggars) and we must act the best interest of our clients.
Note we utilise external data sources to profile our accounts carefully and believe that you have the ability to make payments on this debt.
Consequently your account will be passed to our litigation team in order to consider the best course of action for recovery of the outstanding debt.
This may include legal action to obtain a County Court Judgment which we may then seek by way of a charging order or attachment of earnings application.
Please contact us immediately in order to prevent action on this account/ You can take control of your finances by taking positive action." Unquote

That letter reads like a proper attempt to scare me into submission.... Don't think so though,at least not yet..

[alland]

Re: Alland UE Diary

sorry been too busy with work to be able to really do anything

Hey don't apologise Paul, I understand you have many more folk with more pressing issues to deal with, than responding to my minor (at present) DCA issues.

[Paul.]

Re: Alland UE Diary

sorry been too busy with work to be able to really do anything

[alland]

Re: Alland UE Diary

Have fun in the states and remember my x-mas card ya skiver!

Niddy
1 Niddy Noddy
Niddyland
N1D DDY

Fun ! Skiver !...I'll have you know I have to work very hard to get my hands on some of Uncle Sams greenbacks....

Anyway before I go I have to update my diary with the latest flack I am getting !

[Never-In-Doubt]

Re: Alland UE Diary

Perfect, boss, will do..

Have fun in the states and remember my x-mas card ya skiver!

Niddy
1 Niddy Noddy
Niddyland
N1D DDY

[alland]

Re: Alland UE Diary

Perfect, boss, will do..

[Never-In-Doubt]

Re: Alland UE Diary

I have decided that as I am going to be working away overseas from weekend until after Christmas, that in the interest of maintaining dialogue with Cabot as they appear to be "Litigation Happy", I will write back and point out the seriousness of Capitol One Bank accepting my signed application form and opening the account when having failed to supply the terms of the CCA to me.
I may also remind Cabot to look at the Harrison v Link case.

Any comments or suggestions regarding the above gratefully accepted.

Send this mate - and be done with it - simples

---> Final Response - Unenforceability (CCA Received)

[alland]

Re: Alland UE Diary

Update 22-11-11
Capitol One (Now sold to Cabot)

QUOTE=alland;126666]Update 10-11-11
Capitol One Account - (Sold to Cabot)
Last paid March 2010
Balance £4.0202
Having received another letter from Cabot earlier this month informing me they still considered the account enforceable as Capitol One had completed their obligations under s78 before they sold my account to Cabot.

I wrote to them again,disputing this fact as all I ever received from Capitol One in respect of my CCA request was an application form.

Today I have received another long winded letter from Cabot setting out why the application form constitutes a valid credit agreement, which is regulated by the CCA under the terms of the agreement. And as I have signed the form I accepted the terms of the CCA.

They go on to say they will now return my account to their collections dept. and if I do not contact them to discuss arrangements to pay, Then- Quote " Your account will be escalated in our collections process" unquote.

Ok the part about you shouldnt have signed if you didnt have the terms, is , with respect, bollocks,

if the creditor fails to serve the terms which contain the prescribed terms it is very serious and not something that can be overlooked
see Harrison v Link

[QUOTE]

Thanks Paul, I appreciate your input.
So informally off the record, would you suggest I inform Cabot accordingly by referring to Harrison v Link or maybe wait and see how the account escalates ?

Ok having not had a response from Paul to my question above due to;
1. Paul has not been back to visit my diary.
2. Paul has decided it would be Inappropriate to comment personally (which I would respect)

I have decided that as I am going to be working away overseas from weekend until after Christmas, that in the interest of maintaining dialogue with Cabot as they appear to be "Litigation Happy", I will write back and point out the seriousness of Capitol One Bank accepting my signed application form and opening the account when having failed to supply the terms of the CCA to me.
I may also remind Cabot to look at the Harrison v Link case.

Any comments or suggestions regarding the above gratefully accepted.

[alland]

Re: Alland UE Diary

Thanks Paul, I appreciate your input.

So informally off the record, would you suggest I inform Cabot accordingly by referring to Harrison v Link or maybe wait and see how the account escalates ?

[Paul.]

Re: Alland UE Diary

Update 17-11-11
Capitol One card - (Account owners Cabot)




Another letter received today from Cabot, they certainly respond quickly, it's only a few days since I wrote my last letter to them, maybe because they now own three of my former card accounts which together total over £20K, I may be on their priority customer hit list....

Anyway here is a copy of the latest correspondence received...

[ATTACH]2605[/ATTACH]

Looks like they plan on ignoring my plea that the application form does not comply as it does not contain all the T&C.....

Ok the part about you shouldnt have signed if you didnt have the terms, is , with respect, bollocks,

if the creditor fails to serve the terms which contain the prescribed terms it is very serious and not something that can be overlooked

see Harrison v Link

[alland]

Re: Alland UE Diary

Update 17-11-11
Citi Card account (owned by Cabot)

Formally Citi Finanacial Card ( UK Citi cards taken over by Opus earlier this year) UE
This looks like it may start to get heavy, Opus have sold my account to Cabot. As this account is a biggy (£16K outstanding with the interest that was added on), they are not likely to let this one go on too long.

They have sent me three letters in the time I have been away, last one state’s that they have checked with Opus, and they confirm I received all copies of my CCA from Citi Financial to satisfy my request under s. 78 CCA (1974) Therefore unless I make arrangements to begin a repayment programme, they will order their collections dept. to commence proceedings within 14 days.

Another letter received from Cabot, much the same as the Capitol One account response in my previous post, but a little different in the fact they are waiting to get a signed copy of my agreement from Opus/ Citi
which I will be very surprised if they come up with one, as Citi could not do since I first applied for my CCA from them back in early 2010.
but nevertheless, Cabot still insist it is fully enforceable.

Here is a copy of their latest correspondence..



Think I will have to sit this one out and see if they come up with a signed CCA...

[swanfan]

Re: Alland UE Diary

Not your problem to say whether it's enforceable or not though.

[alland]

Re: Alland UE Diary

Update 17-11-11
Capitol One card - (Account owners Cabot)

Update 10-11-11
Capitol One Account
Last paid March 2010
Balance £4.0202
Having received another letter from Cabot earlier this month informing me they still considered the account enforceable as Capitol One had completed their obligations under s78 before they sold my account to Cabot.

I wrote to them again,disputing this fact as all I ever received from Capitol One in respect of my CCA request was an application form.

Today I have received another long winded letter from Cabot setting out why the application form constitutes a valid credit agreement, which is regulated by the CCA under the terms of the agreement. And as I have signed the form I accepted the terms of the CCA.

They go on to say they will now return my account to their collections dept. and if I do not contact them to discuss arrangements to pay, Then- Quote " Your account will be escalated in our collections process" unquote.

Another letter received today from Cabot, they certainly respond quickly, it's only a few days since I wrote my last letter to them, maybe because they now own three of my former card accounts which together total over £20K, I may be on their priority customer hit list....

Anyway here is a copy of the latest correspondence received...



Looks like they plan on ignoring my plea that the application form does not comply as it does not contain all the T&C.....

[Never-In-Doubt]

Re: Alland UE Diary

No not us mate, you and Paul discussing it on the previous page...I was just sat here acting a bit thick, wondering what Paul had in mind regarding Cabot and their waffle, after he had seen my latest Cabot letter you sent over to him..

It's been a long day

[alland]

Re: Alland UE Diary

Dejavu - sure we discussed this last night

No not us mate, you and Paul discussing it on the previous page...I was just sat here acting a bit thick, wondering what Paul had in mind regarding Cabot and their waffle, after he had seen my latest Cabot letter you sent over to him..