Alland UE Diary

[Never-In-Doubt]

Re: Alland UE Diary

Yep - send account sold and see what happens, it buys time - regardless....

[alland]

Re: Alland UE Diary

Cheers mate will do

[Never-In-Doubt]

Re: Alland UE Diary

Cheers mate will do

[alland]

Re: Alland UE Diary

Update 16/12/10
Barclaycard Mastercard (Morgan Stanley)
Since first applying for my CCA in May, Barclaycard have now obtained a copy of my CCA from the original account owner - Morgan Stanley.
CCA emailed to Niddy for review

This is unenforceable matey gh
Respond with the following: ---> viewtopic.php?p=1629#p1629

Update 08/01/11

Barclaycard (formally Morgan Stanley Account)
Letter stating that in response to my previous correspondence (disputing the CCA) they have fully complied with my s78 request, and believe the CCA is properly executed with all prescribed terms in place, therefore reject my claim of being UE, and will continue to pursue the outstanding debt in accordance with the Barclaycard Conditions.

My gut feeling is just wait and see what their next move is ?

Update 06-05-11
Barclaycard (Formally Morgan Stanley card)
Balance £6,469.
Ceased payments May 2010

Barclaycard have been quiet on this one apart from a letter from Debt Managers Ltd. beginning of April, I sent them the account sold while in dispute template letter, and they wrote back to say they had passed it back to Barclaycard and closed their file on it.

Now letter received today from Robinson Way who have now taken over as the newly appointed DCA.

"Our clients have authorised us to recover the full amount you owe,PLEASE PAY THE FULL AMOUNT WITHOUT DELAY. or call us directly yo arrange a payemnt plan.
If you do not pay or agree to a payment plan,we may advise our client to start court action. One of the following may occur:
* An application is made to court to enforce repayment
* Future credit will be difficult to obtain (Thank Fek for that)
* This account will continue to be a worry to you it (Will have to wait it's turn in the worry queue)
This debt will not go away or be forgotten, no matter how much you would like that to happen. ()
CALL NOW TO PAY OR AGREE A PAYMENT PLAN"

Will respond with the account sold while in dispute letter.

[alland]

Re: Alland UE Diary

Update 07-05-11
Halifax Credit Card

Letter received from Moorcroft DCA.

"We have been instructed by halifax to collect your overdue debt. It is a legal requirement to send a notice of Intended Litigation before legal proceedings in the County Court, we believe this letter fulfils that requirement even if it is not actually read by you.
To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay.Pay in full within 7 days, or trelephone or write to our office to make a payment offer."

Goes on to say what will happen if their client does obtain a court judgment, and how my credit rating will be affected, and how I will incur legal costs to pay as well as the debt.
Obviously Moorcroft are unaware that I have a letter from Halifax stating they cannot comply with my CCA request, and therefore although they cannot seek enforcement through the courts, they will still pusure for payment.

I will respond with "Threat of Litigation letter" and attached a copy of the Halifax addmission letter.

[Deepie]

Re: Alland UE Diary

Hi Alland
I would send this with a copy of letter from Halifax
NEWCCA Query - Letter Previously Confirming No CCA

[alland]

Re: Alland UE Diary

Thanks in 2 deep, good point.

So I have actually drafted a letter that incorporates wording from both the "Threat of Litigation" and the "Lender confirms no CCA" letters

So hopefully that will get Moorcroft to drop it and pass it back to Halifax, Incidentally Moorcroft are the 4th DCA to attempt recovery action, the other 3 dropped the account after receiving a copy of Halifax's letter confirming they could not produce a CCA.

[swanfan]

Re: Alland UE Diary

Threat of Legal Action & Refusal of Doorstep Visit

Niddy special that incorporates both Allan.

[alland]

Re: Alland UE Diary

Hey Swanny, if I incorporate any more templates into my letter it will be about four pages long !

I'm not sure the average DCA can hold their attention span long enough to read four pages, in fact I'm not totally convinced they can read at all...

[Never-In-Doubt]

Re: Alland UE Diary

Hey Swanny, if I incorporate any more templates into my letter it will be about four pages long !

no mate he was telling you I'd already done the template that you merged!!



So u didn't need to bother!

[Never-In-Doubt]

Re: Alland UE Diary

Allan

Ok what you send to halifax is the template that in2deep suggested.

They simply cannot and will not take action if you STICK to the tried and tested format

I told you earlier that with hbos, if ANYONE hassles you then you send that template with a copy of their letter - that's it mate. The one you incorporated is incorrect for this account at this stage as you have lenders confirmation saying no agreement exists.

Go check my new website and click unenforceability - it even tells you there that lenders confirmation renders court action almost impossible!

[alland]

Re: Alland UE Diary

Ok understood Niddy, will do mate ....

[Never-In-Doubt]

Re: Alland UE Diary

Ok understood Niddy, will do mate ....

Best thing to do mate. If they take action great! They'll quote the agreement in the claim (N1) which will be invalid when you show the letter confirming the agreement they rely on does not exist! They "could" issue a recon THEN take action, that's it.

No recon means sod off hbos!!

[alland]

Re: Alland UE Diary

Update 11-05-11
Egg Card
Balance £10,336.92

Done a financial statement of income and outgoings in response to Egg/ via ARC Europe letter requesting one in order to consider my F&F offer
Egg balance just over £10K, my F&F offer of £2K ! (cheeky yes, but hey tough times, and they have had their capitol outlay and profit back in interest over the years !)
If they refuse the offer, then I will have to look at a repayment plan which will last until I have a long grey beard or am six foot under !

I'll report back on this one when they respond to the offer.

Well a year to the day when I sent off for my first CCA request.
Letter received back from ARC Europe re my F&F offer of £2K to Egg.

" We refer to your recent offer to pay and confirm that we are willing to accept £2,000.00 to settle this debt.

Payment 1: £2,000.00 by the 16th May 2011.

Payment must be received at these offices by the due date, and for the agreed amount. The full balance will become payable if you do not keep to these agreed terms.

Following your payment your credit file will be updated to show this account has been partially settled, the balance will be brought to nil and you will not be pursued for any further monies for this account. "

Well what a result !........

[alland]

Re: Alland UE Diary

Update 11-05-11
Capitol One Card
Balance £4,000

Not heard anything from Cap One for months, -
Letter received today from Cabot.

"We are writing to confirm we now own this account having bought it from Capitol One Bank. We are here to help you get your finances back on track.

Please call us as a matter of urgency to discuss ways we can help you settle this outstanding debt.
Note: interest may still be applied to the outstanding amount until settlement is arranged."