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  • 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

    Comment


    • 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
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • 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.....

        Comment


        • Re: Alland UE Diary

          Update 20/07/11
          Co-Operative Visa
          Originally posted by alland View Post
          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
          Last edited by alland; 20 July 2011, 15:39.

          Comment


          • Re: Alland UE Diary

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

            RBS M/Card

            Originally posted by alland View Post
            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".
            Originally posted by Never-In-Doubt View Post
            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....


            Comment


            • Re: Alland UE Diary

              Subtle change of tone from oh so polite to PAY NOW! Nice aren't they. What happened to the legal action threatened they MAY take by Westminster Solicitors?

              Comment


              • Re: Alland UE Diary

                Originally posted by caspar View Post
                Subtle change of tone from oh so polite to PAY NOW! Nice aren't they. What happened to the legal action threatened they MAY take by Westminster Solicitors?
                caspar, I haven't heard anymore from Westminsters, maybe RMA / NCO just use them for follow up frightener letters to promote a response.

                Comment


                • Re: Alland UE Diary

                  Update 21/07/11

                  MBNA card # 1 account

                  Originally posted by alland View Post
                  Update 11/07/11

                  Well it didn't take as long as I thought for MBNA to re-assign these two accounts to another set of

                  This time they have been passed to Fredrickson International who have sent me two letters of assignment today, and the usual "pay up or else" in regard of each account.
                  I will fire off template letters of "Accounts in Dispute". Never dealt with this outfit before, so we will see how dogged this lot are at trying to wear me down....
                  As an aside, I have three accounts with MBNA, but they only seem interested in chasing these two, heard nothing in respect of the third account for months But I won't be reminding them about it any time soon...
                  Another letter from Fredricksons today - LETTER BEFORE ACTION, THIS DEBT MUST BE PAID IN FULL TO OUR OFFICES WITHON THE NEXT 7 DAYS. OTHERWISE WE WILL TAKE IMMEDIETE ACTION.

                  Should it be nessessary to issue proceedings, further fees will be added to your outstanding account balance.
                  Court costs, Solicitors fees, and possible enforcement of judgement Bailiff fees.

                  Comment


                  • Re: Alland UE Diary

                    I think you may just have hit a nail on the head!

                    If I had a pound for every letter I've had from solicitors threatening court action I'd be a wealthy man. Not once have I beein in a court other than as a witness or on jury service!

                    Comment


                    • Re: Alland UE Diary

                      Originally posted by alland View Post
                      Update 21/07/11

                      MBNA card # 1 account



                      Another letter from Fredricksons today - LETTER BEFORE ACTION, THIS DEBT MUST BE PAID IN FULL TO OUR OFFICES WITHON THE NEXT 7 DAYS. OTHERWISE WE WILL TAKE IMMEDIETE ACTION.

                      Should it be nessessary to issue proceedings, further fees will be added to your outstanding account balance.
                      Court costs, Solicitors fees, and possible enforcement of judgement Bailiff fees.
                      Ignore the other letters mate, however with this send this back asap: Threat by Creditor - To Commence Litigation
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • Re: Alland UE Diary

                        Thanks Niddy, will do....

                        Comment


                        • Re: Alland UE Diary

                          Originally posted by alland View Post
                          Thanks Niddy, will do....
                          Keep us updated matey
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • Re: Alland UE Diary

                            Update 01/08/11
                            Capitol One Visa

                            Originally posted by alland View Post
                            Update 28/09/10
                            Capitol One Visa
                            September 28th - Letter from FTC ( part of Capquest Group.) in reply to my letter to them last week "Account in dispute with OC"
                            They state they have contacted their client (Capitol One), who confirm they have sent their "final response" to me, and have compiled with the S78 request. Therefore the balance is correct and should be settled.
                            Not heard anything from Capitol One for months, however today a letter arrived from a DCA - Apex Credit Management, stating they are acting on behalf of Cabot who have bought my debt off Capitol One Bank.

                            Apex suggest I get in touch as soon as possible as they can help me arrange a suitable repayment package to settle this debt.

                            Will respond with "Account sold while in dispute" letter.

                            Comment


                            • Re: Alland UE Diary

                              I had dealings with Westminsters solicitors via RMA a couple of years ago - never responded to letters, never followed through with legal action.

                              Comment


                              • Re: Alland UE Diary

                                Originally posted by alland View Post
                                Update 01/08/11
                                Capitol One Visa

                                Will respond with "Account sold while in dispute" letter.
                                We're in the UK mate - its actually CapitAl not CapitOl

                                Keep us updated with any developments mate
                                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                                Comment

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