Alland UE Diary

[alland]

Re: Alland UE Diary

Update 19-09-11

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

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 !........

Quick update on the Egg account.

Although I paid the F&F to Egg via ARC Europe as agreed, I have just received an email from Barclaycard to tell me they have now bought my account off Egg, but due to the current status of the account, they will not be sending me a new card !

I take it that although I have paid Egg the agreed F&F on the account, the account still shows as "live" therefore Barclaycard have an obligation to notify me they now own the account.....

It has made me think a bit though, I certainly hope it does not mean they can now chase me on this account again !

[garlok]

Re: Alland UE Diary

Hi Allan,

A lot depends on how that original F & F was actually worded, the terms and conditions you imposed on the cashing of the cheque(s) and the specific wording of their correspondence to you. As you are well aware this is a Common Law of Contract issue not a relatively simple CCA/Statute Law issue, hence anything can happen. Unless a Third party cheque was used, and I know Niddy does not like or recommend them, you cannot rely on Bracken v Billinghurst and the case it refers to in the Court of Appeal (the Temple case) and Fletcher Moulton LJ's rulings on the subject. They will probably try to refer to Commissioners of Inland Revenue v Fry to use against you in these circumstances. I do know that barclaycard will try to bluff you by saying something like it is you that have totally misinterpreted the case law etc etc without being specific. But thats BC.

Hence it is perfectly possible that they may be able to come back at you at any time in pursuit of the outstanding balances. We have put up quite a bit about F & Fs recently around the site and Niddy has tightened up the template letters for others as many it would seem have got themselves mixed up with the creditor use of "partial settlement" in their letters in thinking that this is the same as the notice on their CRFs. Of course it is not and if you have let this go in a piece of correspondence it will leave you open in future pursuit.

Give me shout if you need any more info.

regards
Garlok

[Never-In-Doubt]

Re: Alland UE Diary

Update 19-09-11

It has made me think a bit though, I certainly hope it does not mean they can now chase me on this account again !

You home already?

No, you're quite safe mate - dinnae worry - I know about this, it's fine!

[garlok]

Re: Alland UE Diary

Ah glad you have insider information on this mate. Otherwise it might have meant a word for word search through the docs.

regards
Garlok

[Never-In-Doubt]

Re: Alland UE Diary

Ah glad you have insider information on this mate. Otherwise it might have meant a word for word search through the docs.

Its cool, the account is dead mate - legally or otherwise...

[alland]

Re: Alland UE Diary

You home already?

No, you're quite safe mate - dinnae worry - I know about this, it's fine!

Cheers Niddy,

No not home, still got another couple of weeks to go yet,
I picked up this Egg card notice from Barclaycard via my emails.......

But just what will be waiting in the post for me when I get home after 5 weeks away is another matter....

[alland]

Re: Alland UE Diary

Hello again folks, Well after working overseas for the past 5 weeks, I came home to 27 letters !, as it turned out only 14 were from DCA's, and some of those are from the same creditors, mostly just the usual follow up scare tactic reminders to inform me that I really must pay the accounts ! so not all of the letters need any response right now.

Below is a sample of the letters that I will be keeping an eye on.

Sorry if it is a little untidy as I am not listing them out on individual account per post, but I'm tired, so I think you will get the general idea of how things are standing, and how I will be responding to the demands.

Barclaycard Mastercard - UE
Letter received
Quote“I am writing to inform you that the above account was assigned and transferred by Barclaycard to MKDP LLP on the 21st September 2011.
Quote “ This means that the effective owners of the above account are now MKDP LLP.
MKDP LLP has appointed MKRR as their servicing agent to manage your account on their behalf. The enclosed letter provides all details of how to contact MKRR. All contact regarding the above account should now be directed to MKRR” Unquote

MKDP LLP ? MKRR ?.. All these Initials mean nothing to me, so not planning to respond to this until I hear something back from the new “owners”
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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. So will sit on this and see what their next move is.
------------------------------------------------------------------------
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.

I may have to start negotiations for a reasonable repayment programme or an affordable F&F if it looks like getting to the court steps !

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Co-operative Bank Card – UE
Three letters received from three different DCA’s on this account demanding that I pay them or contact them to arrange a repayment plan with them.
Wescot
Moorcroft
ScotCall
Never had three DCA’s on the go at the same time from one creditor before, so I may write back to all three of them, and ask them to send me a essay in not more than 100 words entitled;
“Why you should consider us to be the DCA you enter into correspondence with regard to your Co-operative card account” ....

-------------------------------------------------------------------------

RBS Mint Card –UE
Letter from Moorcroft, Quote “ Our latest enquiries have now confirmed that you still reside at this address, (well of course I do, I have never said I didn’t !)
Unless you contact us to arrange repayment within the next 10 days, further collection activity will be taken to recover the FULL outstanding balance.

This may include:
*Either us or our client taking legal action against you, this will increase the amount you owe !
* Referring your debt to a door stop collection agency to visit your home” unquote
--------------------------------------------------------------------------

[diddlydee]

Re: Alland UE Diary

Good to see you still have your sense of humour despite being buried in letters!

It is scary that Moorcroft know where we all live, isn't it. Does the fact that I add my address
to every letter I send give this "secret" away? Donuts!

[Pixie]

Re: Alland UE Diary

I don't think 14 dca letters in 5 weeks is too bad. At least there wasn't one from Northampton...

DCA - does this stand for donut-chewing ape?

[BBoo]

Re: Alland UE Diary

MKDP and MKRR have proved USEL ESS with me, so best ignored for now. I'm impressed you had so few!

[Oct Revolution]

Re: Alland UE Diary

Hi Alland,

I have MKDP LLP writing to me for both of my Barclaycard accs and nothing to shout about as yet. Both accs are on hold while they liaise with Barclaycard.

(accs 5 and 6 on my diary)

best regards

[alland]

Re: Alland UE Diary

I don't think 14 dca letters in 5 weeks is too bad. At least there wasn't one from Northampton...

I know Pixie, I was surprised there wasn't more fan mail waiting for me, when I started this journey a little more than a year ago, I was getting more like 14 letters a WEEK ....

Hey, I hope you have not jinxed me by mentioning the "dreaded" Northampton word in my diary...

[Pixie]

Re: Alland UE Diary

Hey, I hope you have not jinxed me by mentioning the "dreaded" Northampton word in my diary...

Sorry

[BBoo]

Re: Alland UE Diary

Someone with an avatar as angelic as that could never jinx you...............

Unless in real life, they're

[alland]

Re: Alland UE Diary

Someone with an avatar as angelic as that could never jinx you...............

Unless in real life, they're

I'll let you know......