Alland UE Diary

[Paul.]

Re: Alland UE Diary

lol when it lands in the hands of Mr Lill or Mr Raisbeck please do drop me a line

[alland]

Re: Alland UE Diary

Seen loads before mate. Ignore

Cheers Mate,
I have already sent the letter over to you, so don't worry about it if you think it is just another bluff tactic to get me to submit to them.

[Never-In-Doubt]

Re: Alland UE Diary

Seen loads before mate. Ignore

[alland]

Re: Alland UE Diary

Update 10-11-11
Capitol One Account - (Sold to Cabot)
Last paid March 2010
Balance £4.0202

Capitol One card - UE
Cabot are now the owners of my Capitol One account, when they informed me of the purchase I wrote back with the usual account sold while in dispute, I have received a letter back saying the account is on hold pending more investigation.

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.

I have emailed the letter over to niddy to let him cast his experienced eye over it.

[Never-In-Doubt]

Re: Alland UE Diary

hopefully it will give them something to think about.

Yea, stop messing about cos it's becoming tedious now innit loike

[alland]

Re: Alland UE Diary

Thanks Niddy, good straight to the point letter, will draft it and fire it off to Cabot today, hopefully it will give them something to think about.

Thanks mate, I'll report back when I get a response from Cabot..

[garlok]

Re: Alland UE Diary

Good letter mate. But perhaps the time will come shortly when allan corners them completely with a CPUTR2008 demand.

regards
Garlok

[Never-In-Doubt]

Re: Alland UE Diary

Niddy the plot thickens on the Citi account, just taking a look again at the T&C I have here, the first page actually says “This is a copy of your credit agreement between Peoples Bank (This is the original owner, before Citi) & Alland”...follows on with my old address.

Then page two where it starts with the actual Terms & Conditions, it also states “The parties of this agreement are Progressive Credit United of West Malling Kent (this also happens to be where Cabot are based) and then gives my name & current address NOT my address when I opened the account with Peoples Bank.
I did send these two pages over to you with the Cabot letter the other day, if you still have them take a look at what I mean, definitely unusual. If you need them sending again let me know.

Hi mate

Ok, this is unusual to say the least but they can do this with terms, ie create a recon using any info available to them BUT the terms do need to be those in place as at the date of inception, by that I mean the content and form of the terms - not necessarily the lender/your address.

Basically I'm saying forget the address and lender details, that's not important at all. Carey v HSBC settled that issue.

However they still have not confirmed that you have a valid agreement with them thus right now it remains UE. I would write back as follows;

Dear Sirs,

Account Numbers: A/C 1 & A/C 2 Here

I write with reference to previous correspondence and am slightly confused by your letter, what with you merging more than one account into the letter. I would therefore appreciate it if you could deal with each account of mine that you may hold rights to, as a separate entity and only respond on a "Per Account" basis forthwith.

Regards to the actual content of your letter, I am sorry but I really couldn't care less whether you feel that the agreement for Capital One meets your s.78 processes, unfortunately it does not comply with the ruling in Carey v HSBC {and others} as several of the key prescribed terms are invalid, missing or incorrect and as such this agreement is unenforceable. Similarly, I have never seen and agreed to any such terms in the past as I was never sent a copy.

I suggest you look into this and pay close attention to my last comment above, I have never received any terms for this account, other than those you sent me.

Regards the Citi account, the terms are anything but sufficient as similarly, I've never seen them before and worryingly is the incorrect information contained within them.

Please feel free to start collection activity, that is your prerogative, however it is mine to report any harassment or intimidation to the regulatory bodies - something I have no qualms in doing unless you sort your paperwork out and send me the legible and accurate documents that you'd intend on relying, if this matter went to court. The current documents that you've sent me, for both accounts, are invalid for varying reasons. Therefore both these accounts are to remain in dispute until you cease defaulting on your s.78 liabilities.

Yours faithfully,


Sign Digitally

[alland]

Re: Alland UE Diary

Cheers mate. I'll sort tmw hopefully but deffo by Monday - prod me if I forget

Cheers Niddy..

[Never-In-Doubt]

Re: Alland UE Diary

Cheers mate. I'll sort tmw hopefully but deffo by Monday - prod me if I forget

[alland]

Re: Alland UE Diary

I'll read this shortly matey. Send me both agreements and all terms please. I need to be 100% certain here.

2 emails - one for each please.

Ok niddy will do, it will be tomorrow when I can scan and copy all the T&C pages at work, I only have the first couple of pages copied to file here at home
Thanks mate

[Never-In-Doubt]

Re: Alland UE Diary

I'll read this shortly matey. Send me both agreements and all terms please. I need to be 100% certain here.

2 emails - one for each please.

[alland]

Re: Alland UE Diary

Niddy the plot thickens on the Citi account, just taking a look again at the T&C I have here, the first page actually says “This is a copy of your credit agreement between Peoples Bank (This is the original owner, before Citi) & Alland”...follows on with my old address.

Then page two where it starts with the actual Terms & Conditions, it also states “The parties of this agreement are Progressive Credit United of West Malling Kent (this also happens to be where Cabot are based) and then gives my name & current address NOT my address when I opened the account with Peoples Bank.
I did send these two pages over to you with the Cabot letter the other day, if you still have them take a look at what I mean, definitely unusual. If you need them sending again let me know.

[alland]

Re: Alland UE Diary

Actually niddy it is a bit confusing when you initially read their letter, mainly because Cabot are referring to both the Capitol One & the Citi Financial/Opus accounts in one letter (and possibly going to get more confusing as they have now bought my Marbles account as well!) but not too concerned about this one yet as they also say in the letter the Marbles account is on hold while they are "trying" to obtain my CCA from Marbles, I wish them luck because Marbles have been unable to supply it to me in the last 15months !

Sorry, I’m going off topic,we can leave Marbles for another day. So back to the Cabot letter, they do say the Capitol One application form and the separate set of T&C meets their s78 obligation, and on the Citi account the T&C are also sufficient, but as I have raised concerns, they will get a copy of my signed agreement off Citi /Opus and on receipt of such, they will send it on to me.

But regardless of that, they consider both accounts to be fully enforceable, and will re-commence collection activity in 14 days, when I have had time to consider my position unless I have something further to add.

[Never-In-Doubt]

Re: Alland UE Diary

Yes Niddy, previously deemed UE.

As you have seen in the Cabots latest letter that I sent over to you, they insist the application form meets their s78 CCA obligation.

So I have responded with the template letter CCA Query - T&C supplied

Mate I read that letter as being the Citi element that they insisted upon - or have I misread it?