Pixie's UE diary

[Never-In-Doubt]

Re: Pixie's UE diary

Received a 'Notice of Legal Action' from Debt Managers re Barclaycard (http://forums.all-about-debt.co.uk/s...13&postcount=2 )

"Your failure to respond to previous letters has resulted in your account being passed to this department for Court Action and our Solicitors may prepare the Court Papers within seven days. If you wish to avoid Legal Action you must now pay in full today ousing the attached giro or you can phone and pay by Debit or Credit card or alternatively you must immediately telephone our Legal Manager"

I don't usually type the text of the letter out in full but I couldn't resist with this one. I thought the custom of beginning nouns with capital letters went out with the Victorians. Also my eyesight isn't so bad that I need to have the threatening bits highlighted with bold text. I notice they haven't highlighted the most important word - "may".

Which of the 'threat by lender' letters should I respond with?

Send this: ---> Threat-o-Gram - Letter before Action

[Pixie]

Re: Pixie's UE diary

Received a 'Notice of Legal Action' from Debt Managers re Barclaycard (http://forums.all-about-debt.co.uk/s...13&postcount=2 )

"Your failure to respond to previous letters has resulted in your account being passed to this department for Court Action and our Solicitors may prepare the Court Papers within seven days. If you wish to avoid Legal Action you must now pay in full today ousing the attached giro or you can phone and pay by Debit or Credit card or alternatively you must immediately telephone our Legal Manager"

I don't usually type the text of the letter out in full but I couldn't resist with this one. I thought the custom of beginning nouns with capital letters went out with the Victorians. Also my eyesight isn't so bad that I need to have the threatening bits highlighted with bold text. I notice they haven't highlighted the most important word - "may".

Which of the 'threat by lender' letters should I respond with?

[Never-In-Doubt]

Re: Pixie's UE diary

PS Jobcentre keep suggesting jobs with banks and dcas for me - not a chance I'd work on the dark side!!

[Pixie]

Re: Pixie's UE diary

It has a major effect - they cannot start action (or demand repayment) if one was never issued!

I'm going to have a major tidy up of my 'office' today just in case it's got misplaced but I don't think so because all the other letters are in my M&S file.

Seems so - muppets int-they?

I agree

PS Jobcentre keep suggesting jobs with banks and dcas for me - not a chance I'd work on the dark side!!

[Never-In-Doubt]

Re: Pixie's UE diary

Just noticed that I sent that letter to Rockwells in November - Do I send again?

Seems so - muppets int-they?

[Never-In-Doubt]

Re: Pixie's UE diary

Thanks Niddy.

I wasn't going to mention the lack of default notice to them but I was wondering if it might have any bearing on a possible court case - seems it might!

It has a major effect - they cannot start action (or demand repayment) if one was never issued!

[Pixie]

Re: Pixie's UE diary

Hiya, respond with the following: ---> Threat by Lender/D.C.A - To commence litigation

Just noticed that I sent that letter to Rockwells in November

Regards to this, they cannot do much as you do not own your home and do not work, I would be tempted to send this to Rockwells: ---> viewtopic.php?p=2319#p2319

You have nothing to lose really....

Do I send again?

[Pixie]

Re: Pixie's UE diary

Thanks Niddy.

I wasn't going to mention the lack of default notice to them but I was wondering if it might have any bearing on a possible court case - seems it might!

[Never-In-Doubt]

Re: Pixie's UE diary

They don't hang about!! Perhaps they thought I couldn't stand the suspense Final Notice before Action received today.

"Further to our previous correspondence, your account still remains unpaid and we have received no proposals for repayment. It is a legal requirement for us to send a notice of Intended Litigation before legal proceedings in the County Court are issued against you. This letter meets these requirements, even if it is not actually read.
We will now consider the options available to us to recover this debt, including litigation.
To prevent legal action from being taken you must arrange to make payment in full to these offices by the 22nd February 2011 otherwise we will take immediate action against you.
If you fail to respond to this letter, a Judgement Order may be obtained..." (goes on to say what might happen to enforce the debt if this remains unsatisfied.)

Well there's no chance of me being able to pay in full by tomorrow!

What do you suggest I do now? Send threat-o-gram letter? Wait to see if they go ahead with court papers? Make arrangement to pay? Make f&f offer (may be able to borrow some from my Dad?) Bearing in mind that I'm still unemployed and renting my home.

I notice from my credit report that the account was defaulted in October but I haven't received a Default Notice. I had a letter in response to my offer of token payments in May saying that they accept my offer but to prevent a Default being registered they require a minimum repayment of 1%. "As your offer is less than this a Notice of Default and a Final Demand will now be issued unless they have already been sent." I've had a couple of 'Statutory Arrears Notices (in June, August and end of October) and a Final Demand (in middle of October) asking for payment in full within 48 hours but no default notice.

Hiya, respond with the following: ---> Threat by Lender/D.C.A - To commence litigation

Don't mention the lack of Default - without doing this, they cannot demand repayment so will struggle to win if they did take action. Don't worry about it right now, worse case - they take action, you lose and they get a CCJ - you then pay £1 per month (or whatever you can) - however we'll fight them cos a default notice is necessary - they cannot formally claim full repayment (ie ccj claim) when the account is 'live' and not defaulted/terminated. They MUST give you time to remedy the breach (14 days)....

[Pixie]

Re: Pixie's UE diary

Received another one today that I'll have to wait and see

(Rockwell's re M&S card)

They don't hang about!! Perhaps they thought I couldn't stand the suspense Final Notice before Action received today.

"Further to our previous correspondence, your account still remains unpaid and we have received no proposals for repayment. It is a legal requirement for us to send a notice of Intended Litigation before legal proceedings in the County Court are issued against you. This letter meets these requirements, even if it is not actually read.
We will now consider the options available to us to recover this debt, including litigation.
To prevent legal action from being taken you must arrange to make payment in full to these offices by the 22nd February 2011 otherwise we will take immediate action against you.
If you fail to respond to this letter, a Judgement Order may be obtained..." (goes on to say what might happen to enforce the debt if this remains unsatisfied.)

Well there's no chance of me being able to pay in full by tomorrow!

What do you suggest I do now? Send threat-o-gram letter? Wait to see if they go ahead with court papers? Make arrangement to pay? Make f&f offer (may be able to borrow some from my Dad?) Bearing in mind that I'm still unemployed and renting my home.

I notice from my credit report that the account was defaulted in October but I haven't received a Default Notice. I had a letter in response to my offer of token payments in May saying that they accept my offer but to prevent a Default being registered they require a minimum repayment of 1%. "As your offer is less than this a Notice of Default and a Final Demand will now be issued unless they have already been sent." I've had a couple of 'Statutory Arrears Notices (in June, August and end of October) and a Final Demand (in middle of October) asking for payment in full within 48 hours but no default notice.

[Pixie]

Re: Pixie's UE diary

I would send them a photocopy of that letter with the relevant text quoted, highlighted so they can't miss it..... just add a cover letter saying, read the attached - return the account to the OC and go away! Or words to that effect!

Will do...I promise not to use any swear words when I do it!


Will upload my agreements tonight. Was rather busy last week getting nervous prepared for my interview.

[Never-In-Doubt]

Re: Pixie's UE diary

Letter from fpc saying that they can confirm that their client has no record of receiving a request for documents under the Consumer Credit Act.

Do I ignore or do I send them a copy of the letter from Capital One which begins "I write in response to your request for a copy of your executed agreement and statement of account under Section 78 of the Consumer Credit Act" that I received in October?

I would send them a photocopy of that letter with the relevant text quoted, highlighted so they can't miss it..... just add a cover letter saying, read the attached - return the account to the OC and go away! Or words to that effect!

Also received a letter from Link Financial Ltd headed "sale of your debt" and saying that GE Money has assigned them my debt. Ignore?

Yep, just ignore it.....

Please remember to see this thread here: ---> Uploading Documents

[Never-In-Doubt]

Re: Pixie's UE diary

Received a very kind offer today from Debt Managers re my UE Barclaycard account.

My overdue account may qualify for a reduction and I have to phone them immediately to discuss any possible discount.

Do they really think I'm so stupid?!!!

It goes on to say that settlement of this overdue account may help to improve my financial status. It would be a miracle if it did!

[Pixie]

Re: Pixie's UE diary

Letter from fpc saying that they can confirm that their client has no record of receiving a request for documents under the Consumer Credit Act.

Do I ignore or do I send them a copy of the letter from Capital One which begins "I write in response to your request for a copy of your executed agreement and statement of account under Section 78 of the Consumer Credit Act" that I received in October?

Also received a letter from Link Financial Ltd headed "sale of your debt" and saying that GE Money has assigned them my debt.

Ignore?

[Pixie]

Re: Pixie's UE diary

Barlcaycard must be trying to get some money back Pixe. I had one of those letters today from Credit Solutions re my Barclaycard........what bargains we are missing. lol