Alland UE Diary

[Never-In-Doubt]

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.

27? I had more than that when I came back from Cuba and none were from DCA's - beat that! Shocking the amount of junk mail you actually get!

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.

I'm tired as well, and it's easier if things are posted individually mate - just for next time please?

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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”

agreed, see what happens with this for now!
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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.

This is unenforceable right? Please clarify.....
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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 !

Isn't this unenforceable mate? I'm sorry but their letter is horseshit - I do not care if they say it fulfils s.78 - sending some random terms that you've never seen before in your life does NOT satisfy Carey v HSBC as they try and make out.....

If they try and get heavy we'll respond with some Paul treatment eh? He loves fighting Cabot

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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” ....

Ermm, ignore this......

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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
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Ignore this for moment......

see comments in red mate!

[Never-In-Doubt]

Re: Alland UE Diary

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 !

If I wasn't as busy I'd reply point by point to this, cheeky beggars lying to you like they are..... leave this with me, I may get bored through the week and do a reply for Jo Edwards of Cabot for you.....

Can you confirm though, they say they send a signed copy of the agreement but you never sent that to me...?

[alland]

Re: Alland UE Diary

Update 02-11-11
Capitol One Card

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.

This is unenforceable right? Please clarify.....

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

[alland]

Re: Alland UE Diary

Update 02-11-11

Citi Financial / Opus card

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 !

If I wasn't as busy I'd reply point by point to this, cheeky beggars lying to you like they are..... leave this with me, I may get bored through the week and do a reply for Jo Edwards of Cabot for you.....

Can you confirm though, they say they send a signed copy of the agreement but you never sent that to me...?

No niddy, they have never sent me a copy of a signed agreement, Cabot in their letter you will see it actually says they are requesting it from Opus

[Deepie]

Re: Alland UE Diary

Update 02-11-11

Citi Financial / Opus card







No niddy, they have never sent me a copy of a signed agreement, Cabot in their letter you will see it actually says they are requesting it from Opus

You will be waiting a long time....... there still looking for mine

[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?

[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.

[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.

[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

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

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

[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

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

[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

[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..