Alland UE Diary

[alland]

Re: Alland UE Diary

Update 21/07/11
Must be my week for getting a bit of a DCA bashing

RBS M/Card

Update 19/04/11
RBS M/Card (Deemed UE)
Letter received from RMA.
"Please accept this letter as notification that due to non payment, your above RBS account has been passed to RMA, a third party debt collection agency who are authorised to act as agents for RBS Bank to recover monies outstanding.

As stated in the formal demand previously issued to you by RBS, the balance stated (£6,560.81) is now due in full, and RBS requests that you pay the amount immediately. RBS will no longer accept any further communication from you therefore you should direct all communication and payment to RMA.

If you are unable to repay your debt in full you must contact RMA in the first instance to arrange a suitable payemnt arrangement to avoid further action".

You could play silly buggers and write back just saying you require sight of assignment deed prior to communicating with them, otherwise you'll continue to communicate with the original creditor, RBS. See what they say to that!

Although, we both know they have not been assigned the account, they have simply been asked to pursue the debt on behalf of RBS so you could do the above; or just send this instead (you decide): ---> Debtors Final Response - CCA Received

Sent off the above response back in April.

Other letters that have arrived since then.
22/04/11 from RMA - Despite our prvious communication we have still not received payment even though you are in serious default of your contract with our client. PAY NOW

13/05/11 from RMA - Despite our attempts to reach a suitable agreement on repayment no payments have been received - FULL BALANCE is now due ! if we do not receive an offer of payment, we may advise our client to complete a pre litigation report.

27/05/11 from RMA- I am writing to you in reference to the above RBS account - Good news ! you have been selected for a settlement offer to help you regain control of your finances - callus now to discuss the offer.

31/05/11 from NCO (RMA's other trading name) Having contacted our client, they inform us that they have previously suppled all the required documents to satisfy your CCA request. and informed you of their final response on the 13th Feb 2011. We will therefore continue our collection activities. (once again I responded with debtors final reponse template)

10/06/11 from RMA- 30 day Notice, you have been legally notified of this debt and failed to respond, this siuation cannot be allowed to continue.Should you fail to contact us, we will pass the account back to our client and recommend they investigate legal action against you.

Westminster Solicitors, 27/06/11 we have been instructed by RMA to give you notice of that they may have no alternative but to advise RBS to issue legal proceedings. This is not their preferred course of action action, we would suggest you contact them as a matter of urgency.

18/07/11 from NCO- In response to your correspondence dated 31/05/11, any issues you have raised,offer no new information. We have nothing further to add. Please treat this letter as our final reponse. We advise you to contact us at your earliest oppotunity to discuss payment arrangements.

Persistant blighters....

[alland]

Re: Alland UE Diary

Update 20/07/11
Co-Operative Visa

Update #2 11-03-11

Not heard from Co-Operative Visa for ages until today.

Letter received from Moorcroft - "Notice of Intended Litigation" " To prevent our recommending to our client that solicitors commence legal proceedings, it is essential you settle this debt without delay. Both our client and us do not want to take this action, but if settlement or arrangemnet to pay is not made by 15-03-11 a claim may be issued by our solicitors instructed to act on behlaf of our client without further notice."
Goes on to say how a judgement will affect my future credit needs ect..
Responded with "threat of litigation letter"

Well since hearing from Moorcroft in March who quickly dropped the account after I wrote the above letter back to them, I have heard nothing from the Co-operative Bank until to day.

Now a new DCA on the case EquiDebt, no dealings with this outfit before, until a computer generated type letter arrived today.

In Big Red capitol letters across the heading:

"DEBT COLLECTION NOTIFICATION"

Dear Mr Alland, we have been instructed to contact you to arrange repayment of this debt. Failure to reply to this notice may result in the following actions.
1. We may issue instructions to our solicitor to commence legal action, which may result in a Judgment/Decree being recorded against you.
2 We may instruct a doorstep agent to make an appointment to visit your home and discuss your financial situation and find a solution to repayment of this debt.
PLEASE CALL US WITHIN THE NEXT 7 DAYS TO AVOID ANY FURTHER ACTION

[alland]

Re: Alland UE Diary

Cheers Niddy, I have sent over the info requested.
Sorry I didn't know if you wanted ALL the pages of CCA/T&C, but I sent them before realising it would be a large file of sh*te !

Sorry if I have clogged up your cca email inbox.....

[Never-In-Doubt]

Re: Alland UE Diary

Mate

Don't worry. To enforce they'd need to recon the agreement and also the terms in place at inception plus any varied terms along the way - ending with the most recent. This account must be 20 odd years old if it's ex people's

Anyhow, for now please send me a copy of what they sent you along with the cover letter please. Just to be safe so we don't have to look at pay offs again

[alland]

Re: Alland UE Diary

Hi Niddy,

I can confirm in response to my CCA request last March, I received 10 pages of T&C, Although page 1 was headed-
"Credit Card Agreement Regulated by the Consumer Credit Act 1974"
This agreement is between us - Citi Financail Europe plc And you - Mr Alland, of Address (it then shows my current address and not the address I lived at when I took out the card in 1999)

So obviously a re-contructed set T&C because when I opened this account it was with Peoples Bank, Citi Financial only came on the scene later, they must have bought the Peoples Bank credit card accounts, it's that long ago, I can't recall the change over date.

The other 9 pages set out the T&C, no application form was included, signed or otherwise, but there must have been one at the time I opened the account, as I have never applied for any credit cards on line, they were always by filling out a paper application form.

After my refusal to accept the T&C as a CCA agreement, Citi then followed up with a letter in May of last year, which stated - Please note, clarified by judge Waksman in "Carey v HSBC (2009), we are only obliged to supply a true copy of your agreement, and have fully complied with your request, and you are not entitled to any further documents.

Since then I have had the usual back & forth of letters from a few other DCA's which did not come to anything, well not up to now, but as Cabot have actually bought the account, I don't think they will be quite so easy to see off !

I can confirm I still have the cheque stub from my original £1.00 CCA request and the Post Office "signed for" receipt

[Never-In-Doubt]

Re: Alland UE Diary

Update 17/07/11

We can advise you that Opus received payments while the account was active and final payment received was £1.00 on the ** March 2010. (This was £1.00 sent with my CCA request)

It is important you contact us as matter of urgency in order to discuss your payment arrangements. Your balance currently outstanding is £16,658.22 ( )

We trust this clarifies the matter.

So I suppose I will begin correspondence with the "account sold while in dispute" template, and see where they go from there.

No mate, send nothing. Can you clarify, have you ever received a copy of the CCA Request? if not they are in default and so you do not have to respond.... I presume you kept a copy of the cheque and the CCA Request plus recorded delivery receipt? if so - awesome!

[alland]

Re: Alland UE Diary

Thanks Caspar, I understand what you are saying re the £1.00.

But has Mrs D points out we are only talking a couple of months between the payment and the default notice, so I don't think I wil bother pressing them to much about it, unless of course they try to extract another £1.00 to supply me with a set of current terms & conditions, which is all Citi Cards sent in response to my CCA request last year. Then I will point out the mistake Citi made with my original fee.

[MrsD]

Re: Alland UE Diary

gits, but its only a couple of months, in the great scheme of things do you want to give yourself the hassle??

[MustGetStraigh]

Re: Alland UE Diary

Well MGS, who knows how these think !

At this stage I suppose they have just checked back on the information data that they received when they bought the debt.

Obvously even though in my CCA request letter to Citi cards last year, I stated that the £1.00 must not be used for any other purpose but to meet the statutory fee for supplying my CCA, Citi took no notice of this request and levied the payment to my card account.

Ooooh, gits!

[caspar]

Re: Alland UE Diary

Alland - you need to get this payment removed from the account, otherwise it will indeed count as a payment and restart the clock for SB purposes. I suggest you send the following letter Unenforceability Templates - Section 1
adapted to include a bit about their incorrectly cashing your payment. DO NOT send another £1.00, insist they put in writing they have refund the £1.00 CCA fee from your account (don't accept refunded the £1.00 payment to your account - they're sneaky buggers!) and adjusted the balance to reflect this accordingly.

[alland]

Re: Alland UE Diary

Do you think the point about "We can advise you that Opus received payments while the account was active and final payment received was £1.00", is them trying to extend the statute barred time? If so, crafty beggars.

Well MGS, who knows how these think !

At this stage I suppose they have just checked back on the information data that they received when they bought the debt.

Obvously even though in my CCA request letter to Citi cards last year, I stated that the £1.00 must not be used for any other purpose but to meet the statutory fee for supplying my CCA, Citi took no notice of this request and levied the payment to my card account.

[MustGetStraigh]

Re: Alland UE Diary

Do you think the point about "We can advise you that Opus received payments while the account was active and final payment received was £1.00", is them trying to extend the statute barred time? If so, crafty beggars.

[alland]

Re: Alland UE Diary

Update 17/07/11

Update 03/07/11
The only new DCA on the scene that I have not previously had any communication from is Cabot Financial, who tell me they have bought my "Opus Credit card Account”. As I have never had an Opus credit card, I suspect this is something to do with CC Asset Management Ltd. as Opus is a trademark of theirs.

And Bank of Scotland, under licence used the trading name of CC Asset management, to buy the Citi Financial Cards accounts earlier this year, and I do have an account with Citi cards.

So I will write back and tell them I have never had a Opus Credit card issued by the Bank of Scotland, and see what they come up with, which will probably be... Ah, well you see it is actually your Citi card account, but we call it your Opus card now....

Well it didn't take Cabot long to respond to my reply denying having ever had a Opus card...as I suspected of course it is a new name for my old Citi card which Citi sold to Opus (BoS). however they have obviously thought better of keeping hold of the account and sold the debt straight on to Cabot Financial.

So the content of the letter confirms that they have bought the account off Opus and states the following-

Opus has advised us that your account was opened as a Citi Financial credit card in August 1999 at your current address (no it didn't because I wasn't at my current address in 1999) and was active for eleven years before defaulting on the ** August 2010. Cabot Financial purchased your account from Opus on the ** April 2011 and is now the legal owner. We can advise you that Opus received payments while the account was active and final payment received was £1.00 on the ** March 2010. (This was £1.00 sent with my CCA request)

It is important you contact us as matter of urgency in order to discuss your payment arrangements. Your balance currently outstanding is £16,658.22 ( )

We trust this clarifies the matter.

So I suppose I will begin correspondence with the "account sold while in dispute" template, and see where they go from there.

[Never-In-Doubt]

Re: Alland UE Diary

Allan, don't worry mate - you're in control here - keep us updated yea!

[MustGetStraigh]

Re: Alland UE Diary

One or two had my works number but I have not had any calls at work for months since I started to tell anyone that phoned that alland had "run away" and did not work there anymore, so please remove the number from their records.

Oooh crafty! Like it

Looking back, Fredericksons caved in pretty quickly when they were handling my Crap One account. Some other muppet (Moorcroft I think) has it now. Good luck!