Oct Revolution's UE Diary

[Deepie]

Re: October Revolution's UE Diary

Hi Niddy/I2D,

I have an update for above acc:

UPDATE: 17/04/12

Letter rec'd from Santander: "...we have noted that there is a sum outstanding...please pay in next 14 days...we are here to help...please contact to arrange payment..."

Is there anything I need to send back or ignore and wait for their next move.

Many thanks

Ignore that for now............

[Oct Revolution]

Re: October Revolution's UE Diary

Post #555 - I'd send Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status and see what they come back with.

Post #556 - send Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Thanks Pixie,

I will get letters sorted today for posting 1st class RD.

[Never-In-Doubt]

Re: October Revolution's UE Diary

Keep us updated matey

[Oct Revolution]

Re: October Revolution's UE Diary

Keep us updated matey

I will do Niddy - many thanks.

I've just had a couple more letters through the letter box this morning which I'm sorting through and will post here shortly.

Been quite busy over last 3 days with 6 letters coming through - but no panicking here - thanks to this great site/people.

[Never-In-Doubt]

Re: October Revolution's UE Diary

I will do Niddy - many thanks.

I've just had a couple more letters through the letter box this morning which I'm sorting through and will post here shortly.

Been quite busy over last 3 days with 6 letters coming through - but no panicking here - thanks to this great site/people.

I'll take a proper look through your diary later and update any blanks that need manual intervention. Been rather tied up lately so not been around on here as much as I'd like.....

[Oct Revolution]

Re: October Revolution's UE Diary

I'll take a proper look through your diary later and update any blanks that need manual intervention. Been rather tied up lately so not been around on here as much as I'd like.....

Thanks Niddy,

I think I'm generally on top of things and up-to-date, but would be great for you to cast your expert eye over things .

many thanks

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 10

MBNA (formerly A&L) (Experto Credite)


Activity:

06/10/10 - CCA Request sent

24/12/11 - Letter rec'd from Experto Credite: "....following your CCA request....been advised by MBNA they are currently unable to produce a copy....we are therefore aware agreement is currently unenforceable....we will not enforce any action to recover balance....however outstanding balance is still payable and will not be written off....please contact us....". I will look after this letter very well .

03/01/12 - Telephone harassment letter sent.

20/01/12 - Letter rec'd from Experto Credite (in response to my last letter):....we are happy to deal with this matter in writing....we will keep your telephone number on record should our letters remain unanswered....level of contact from us complies with guidelines....look forward to payment/repayment proposals within 14 days....". I will ignore and see what happens next.

26/01/12 - Letter rec'd from Experto Credite: "...we wrote recently.... MBNA is unable to produce CCA so acc is currently UE....BUT oustanding balance is still payable and will not be written off....as a final attempt to resolve....contact us in 14 days to discuss significant reduced settlement amount....which will be accepted as F&F....otherwise we will still report acc to CRA and conatct you to collect on acc....". I will ignore and see what they do next.

Hi Niddy/I2D,

Here's the update's for the 2 letters I rec'd today, both for two different MBNA/Experto Credite accounts (account 10) (but same letters):

UPDATE: 18/04/12:

Aktiv Kapital: “…we have recently purchased your debt....please contact us to pay outstanding balance....”


As I've rec'd a letter from Experto Credite confirming no CCA and that the account is unenforceable, do I need to send a copy of the letter along with "CCA query letter previously confirming no CCA" or just sit tight and see what they send/do next....

As ever many thanks for your help

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 11

MBNA (formerly B of S) (Experto Credite)


Activity:
06/10/10 - CCA Request sent

24/12/11 - Letter rec'd from Experto Credite: "....following your CCA request....been advised by MBNA they are currently unable to produce a copy....we are therefore aware agreement is currently unenforceable....we will not enforce any action to recover balance....however outstanding balance is still payable and will not be written off....please contact us....". I will look after this letter very well .

03/01/12 - Telephone harassment letter sent.

20/01/12 - Letter rec'd from Experto Credite (in response to my last letter):....we are happy to deal with this matter in writing....we will keep your telephone number on record should our letters remain unanswered....level of contact from us complies with guidelines....look forward to payment/repayment proposals within 14 days....". I will ignore and see what happens next.

26/01/12 - Letter rec'd from Experto Credite: "...we wrote recently.... MBNA is unable to produce CCA so acc is currently UE....BUT oustanding balance is still payable and will not be written off....as a final attempt to resolve....contact us in 14 days to discuss significant reduced settlement amount....which will be accepted as F&F....otherwise we will still report acc to CRA and conatct you to collect on acc....". I will ignore and see what they do next.

Hi Niddy/I2D,

Here's the update's for the 2 letters I rec'd today, both for two different MBNA/Experto Credite accounts (account 11) (but same letters):

UPDATE: 18/04/12:

Aktiv Kapital: “…we have recently purchased your debt....please contact us to pay outstanding balance....”


As I've rec'd a letter from Experto Credite confirming no CCA and that the account is unenforceable, do I need to send a copy of the letter along with "CCA query letter previously confirming no CCA" or just sit tight and see what they send/do next....

As ever many thanks for your help

[Deepie]

Re: October Revolution's UE Diary

Hi Niddy/I2D,

Here's the update's for the 2 letters I rec'd today, both for two different MBNA/Experto Credite accounts (but same letters):

UPDATE: 18/04/12:

Aktiv Kapital: “…we have recently purchased your debt....please contact us to pay outstanding balance....”


As I've rec'd a letter from Experto Credite confirming no CCA and that the account is unenforceable, do I need to send a copy of the letter along with "CCA query letter previously confirming no CCA" or just sit tight and see what they send/do next....

As ever many thanks for your help

I Would send that------- CCA query letter previously confirming no CCA.......along with copy of letter you have

[Oct Revolution]

Re: October Revolution's UE Diary

I Would send that------- CCA query letter previously confirming no CCA.......along with copy of letter you have

Thanks I2D,

ALL letters sorted and ready to go.


Many thanks

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 4

MBNA (Experto Credite)

Activity:
06/10/10 - CCA Request sent

31/12/11 - Letter rec'd from Experto Credite along my CCA. Niddy says and to blag for moment and see what happens !!!

03/01/12 - Telephone harassment letter sent.

20/01/12 - Letter rec'd from Experto Credite (in response to my last letter):....we are happy to deal with this matter in writing....we will keep your telephone number on record should our letters remain unanswered....level of contact from us complies with guidelines....look forward to payment/repayment proposals within 14 days....". I will ignore and see what happens next.

12/03/12 - Letter rec'd from AKTIV KAPITAL: ".... we have recently purchased your debt....please contact us to pay outstanding balance....". I2D says to send "account sold whilst in dispute". Letter sent

24/03/12 - letter from Aktiv Kapital in response to my last letter: “…we will contact OC to resolve this matter…acc is on hold and removed from collection process whilst we await requested info…”

04/04/12 - Letter received from AKTIV KAPITAL along with a copy of my CCA (the CCA is the same copy as received by Experto Credite on 31/12/11 which Niddy deemed ) The letter says: "...refer to previous communication...please find enclosed copy of CCA ... further documentation will be sent upon receipt...". I2D says send "CCA Query - missing perscribed terms" - so continuing to BLAG - letter sent.

Hi Niddy/I2D,

Another quick reply from these lot and unsure what to do:

UPDATE: 19/04/12

Letter from Aktiv Kapital: “…refer to your last letter…you have suggested docs are not adequate…we do not agree…only a court can decide this…we do not anticipate issuing proceedings at this time…negotiated settlement is our preferred option…in view of this contact us in next 21 days to arrange payment proposals…”


As Niddy deemed this acc ENFORCEABLE what is the next step to take? Do I send another letter? IGNORE? Continue to blag? or see what their next move is?


many thanks for your help

[Deepie]

Re: October Revolution's UE Diary

Hi Niddy/I2D,

Another quick reply from these lot and unsure what to do:

UPDATE: 19/04/12

Letter from Aktiv Kapital: “…refer to your last letter…you have suggested docs are not adequate…we do not agree…only a court can decide this…we do not anticipate issuing proceedings at this time…negotiated settlement is our preferred option…in view of this contact us in next 21 days to arrange payment proposals…”


As Niddy deemed this acc ENFORCEABLE what is the next step to take? Do I send another letter? IGNORE? Continue to blag? or see what their next move is?


many thanks for your help

I Would see what their next move is..........

[Oct Revolution]

Re: October Revolution's UE Diary

I Would see what their next move is..........

Many thanks I2D,

I will gladly await their next move and respond as/if necessary.

PHEW ! - been quite a busy week for me on here - no letters for a while then 7 in 5 days !! All in order now.

many thanks

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 8

Royal Bank of Scotland



Activity:
06/10/10 - CCA Request sent
01/11/10 - CCA rec'd
02/11/10 - Niddy says:UE "Application form" rec'd - Letter sent.
18/12/10 - Letter rec'd from RBS “….disappointed you have failed to comply with our agreement; unless an immediate payment is made to your account & regular payments thereafter we have no alternative but to place account in hands of external DCA without prior warning”

22/12/10 - Niddy says ignore last until I hear from DCA
04/01/11 - Receiving calls daily from RBS, but I don't answer.
07/01/11 - Letter rec'd from RBS (dated 21/12/10) “as you have failed to respond to banks previous demands, we have no alternative but to commence further proceedings for recovery…….we urge you to call to resolve this matter……..failure to do so may result in account being passed to external DCA without further warning or delay”. Ignored last letter.

29/01/11 - Letter rec'd from TRITON "RBS have placed your account with us for immediate collection.......to avoid further action forward cheque for full amount by return...or pay by credit card over the phone.....if unable to make payment call office immediately......"

02/02/11 - Niddy says send "CCA query - application form rec'd" template to Triton.
03/02/11 - Above letter sent.
19/02/11 - Letter from RBS in response to my “Application form received” letter I sent to Triton: "CCA is a true copy....do not consider the account to be in dispute....will be pursuing for full payment....see no reason to enter into further correspondence with the alleged CCA breaches." NID says ignore.

02/04/11 - letter rec'd from Triton:“disappointed that you’ve failed to make payment or repayment proposals…..no alternative but to consider further action…may be appropriate to request a debt recovery agent call on you to discuss repayment…would prefer not to take this action so call to discuss outstanding balance” NID says send "Threat of Legal Action & Refusal of Doorstep Visit

05/04/11 - letter sent.

14/04/11 - Letter rec'd from RBS is in response to my letter of 05/04/11: “ we do not consider acc to be in dispute….have fully complied with CCA request….indebtedness remains due and payable and will pursue for full repayment….this is our final response…if dissatisfied with this final response you may refer concern to FOS…..”. NID says ignore as their final response.

28/04/11 - Letter rec’d from Green & Co Solicitors: “….instructed by our client Triton/RBS….despite formal demand, amount remains unpaid….we are likely to be instructed to commence court proceedings….” NID says send "Threat o gram - before action". Letter sent

13/05/11 - Letter from Triton in response to my last letter: “….write with ref to recent correspondence ….our records show RBS complied with your CCA request with all relevant docs….further to this RBS issued a letter saying had complied with CCA 1974 and payment is due….and finally issued you a further letter with a final response again confirming all above and that acc is not in dispute….Therefore the balance is due for immediate collection…. contact us within 7 days to discuss repayment proposals….failure to comply will leave us no alternative but to take further action without warning or delay….”. NID says send Enough is Enough Template - letter sent.

13/06/11 - Letter rec'd from Risk Management Alternatives (RMA): ".... your RBS acc has been passed to us....the full outstanding balance is due in full....RBS will no longer accept communication from you.... future communication/payment should be made to RMA....contact us now to pay/agree suitable payment plan...." NID says ignore.

29/06/11 - Telephone harassment letter sent.

05/07/11 - The letter has worked as calls seem to have stopped for now.

09/07/11 - Letter from RMA: "....despite our attempts to reach suitable agreement the matter remains unresolved....if not rectified in next few days no alternative other than to recommend to client to take legal action....this is not our preferred route....if in difficulties speak to CAB etc....please call us today....". Account sold whilst in dispute letter sent as per In 2 Deep.

14/12/11 - Letter rec'd from Westcot (new DCA for this acc): "....we have been instructed by RBS to collect outstanding balance....to avoid further action pay debt in full or contact us....failure to do so will result in further recovery action....". NID says wait to see what their next move is.

23/12/11 - Letter rec'd from Westcot: "....FINAL NOTICE ....our latest enquiries confirm you are resident at this address....contact us in next 10 days or further collection activities will begin....please do not ignore....we or client could take legal action against you....or refer debt to a door step collection agency....it is very important you take IMMEDIATE action to resolve this issue....contact us...." Nid says ignore and see what they do next.

09/01/12 - Letter rec'd from Nelson Guest & Partners: "....we are instructed by Westcot as a final attempt to avoid further action to offer you a discount....limited period only....contact Westcot....if no settlement agreed we will continue to recover full amount...we may be able to offer a realistic payment plan....if no contact in next 10 days further recovery action will be taken....contact Westcot...." I2D says ignore and see what happens next.

30/01/12 - Letter rec'd from Nelson Guest & Partners Solicitors: "....instructed by Wescot....willing to consider realistic payment proposals....cannot remain outstanding....if full payment/proposals are not made within 10 days further recovery activity will be undertaken....to prevent call Westcott urgently...." I2D says to send "Account sold whilst in dispute" - letter sent.

09/02/12 - Letter rec'd from Westcot: "....DOOR STEP COLLECTION NOTICE....we know of no genuine reason not to repay this debt....instructions will now be provided to our agent to visit your home to agree payment plan...." "doorstep visit" template sent.

20/02/12 - Letter rec'd from Westcot (in response to my last letter): "....we act within OFT guidelines....our door to door agents will make an appointment with you prior to visiting....trust this clarifies matter....". I will ignore and file for the time being.

22/02/12 - Another letter rec'd from Westcot: "....following your request for a copy of CCA.... our client has requested you write to them requesting a copy enclosing £1....trusting the above clarifies situation....". Are they playing silly buggers or don't know what left hand from right is doing. I2D says IGNORE

22/03/12 - Letter rec'd from Credit Security Limited: "...instructed by our client to recover debt...unless there is a valid reason not to pay amount is due in 7 days....contact us to arrange payment...". I2D says to IGNORE

02/04/12 - Letter rec'd from Credit Security Limited: "...we cannot trace a reply to our recent letter...we DEMAND payment IMMEDIATELY to this office...failure will result in a DEBT COLLECTOR calling upon you for payment...". I2D says send "Harassment & threat of doorstep visit". Letter sent.


12/04/12 - Letter rec'd from Credit Security Limited: "...we write in reply to your letter....our letter stated acc has been transferred to us...we look forward to receiving a payment and repayment proposal in order to resolve matter..." I will IGNORE for now.

17/04/12 - letter from Credit Security Ltd: "...once again you have disregarded our request for payment...left with one course of action before refereeing your acc to a doorstep agent...final gesture to resolve our client is prepared to offer reduced sum as FFP...contact us...". Advised to send "acc sold whilst in dispute" letter

Hi Niddy/I2D,

I have an update to above acc:

UPDATE: 23/04/12:

Quick return letter from Credit Security Ltd: "...write in reply to last letter...have noted comments...we will take no further action...account passed backed to Westcot..."

Good news

That's another one down.....next...



as ever many thanks to everyone.

I will wait and see what happens next.

regards

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 2

Citibank (Collect Direct UK) Now with Opus

Activity:
6/10/10 - CCA Request sent to Collect Direct DCA
6/11/10 - Letter from DCA asking me to contact OC direct for CCA
9/11/10 - "DCA declining CCA request" letter sent back to DCA
1/12/10 - Another letter from DCA asking me to contact OC direct for CCA. Will now send CCA request to OC (Citicard) as per NID's instructions.

14/12/10 - CCA request sent to OC (Citicard)
05/01/11 - Above letter not delivered yet; according to Royal Mail Track and Trace letter being re-directed !
06/01/11 - Letter from Collect Direct "payment arrangement revoked - must contact them within 5 days to arrange alternative or may advise client to take legal action". Ignored last letter.

14/01/11 - Letter from Collect Direct: "URGENT NOTICE. Must make a payment or contact them to discuss payment arrangement or will advise client to issue court proceedings.

17/01/11 - "Threat O Gram before court action" letter sent sent to Collect Direct.
19/01/11 - NID's says shouldn't have sent last letter - too late now as letter received - see what happens next.
19/01/11 - Nid says send CCA reminder to Citi.
20/01/11 - CCA reminder sent to Citi.
24/01/11 - Letter from H L Legal "we act on behalf of Collect Direct....pay in next 7 days or will recommend legal action.... a claim for associated cost and interest will be made......hope course of action can be avoided by contacting client to make arrangements to pay" - NID says ignore.

17/02/11 - Letter received today from Opus: “we are sorry you have reason to complain….we should be able to send you a full response within 8 weeks” Will file and see what happens next

01/03/11 - CCA received from Opus; Nid says send CCA Query T&C's supplied template. Letter sent.

03/06/11 - Letter from Cabot Financial: "....we have recently bought acc from Opus/Citi....please call to arrange payment...." Nid says send "Account sold whilst in dispute" template. Letter sent.

11/06/11 - Letter from Cabot: "....looking into complaint....will respond in 20 days...."

07/07/11 - Letter from Cabot: "....still looking into complaint....will require a further 20 days to respond...."

21/07/11 - Letter from Opus in response to my letter of 01/03/11 "...we have provided CCA which complies with CCA 1974....at the moment we are unable to trace copy of signed application form....however we confirm our procedure has always been to obtain customers sig ....as such we are confident CCA is enforceable....failure to make payments will result in collection activities...." Will ignore for now.

01/08/11 - Letter from Cabot: "....still looking into complaint....will have to contact Opus for further info....will contact me again when info received...." Will file and ignore for now.

21/09/11 - letter from Cabot: "....have received info from Opus who have forwarded relevant info which was previously provided to yourself....upon reviewing docs I can clarify Opus have provided a recon true copy of your CCA which complies with CCA request....will not send acc back to Opus....a CCA request is not a method for the avoidance of the debt....contact us in next 14 days to discuss if not acc will be escalated within our collections procedures...." Nid advises send "CCA Query - Letter Previously Confirming No CCA" with a copy of letter from Opus received on 21/07/11. Letter sent.

12/10/11 - Letter rec'd from Cabot: "....you continue to claim agreement is unenforceable....information provided by OPUS is sufficient to meet CCA....enforcement constitutes obtaining Judgement at court....we are not seeking to initiate proceedings....you have been misinformed in relation to arguments you continue to raise....account is now payable - please contact us to arrange payment plan...." In2Deep says ignore.

24/10/11 - E-mail received from Cabot: "....according to our records debt still remains unpaid....contact us urgently....failure to do so your account will be escalated to next stage of our collections process...." NID/In2Deep say to ignore.

17/11/11 - another e-mail from Cabot: "this is last chance to agree a suitable payment plan before we move acc to our Pre Litigation Department....contact us now....". In2deep says send "Threat o gram before action letter" - letter sent.

25/11/11 - Letter from Cabot in response to my "threat o gram before action" letter: "Our Final Response To Your Complaint....you continue to claim agreement is unenforceable....information provided by OPUS is sufficient to meet CCA requirements....you have been misinformed in relation to arguments you continue to raise....recommend you seek legal advice....account is now payable...." NID says ignore

06/12/11 - E-mail from Cabot: "your acc has been escalated to our PRE-LITIGATION DEPT....we may issue a claim for County Court Judgement....may insruct external DCA or Legal Agency to call on you....most important you contact us to stop further action....". I2D says ignore.

13/12/11 - yet another e-mail from Cabot: "IMPORTANT - PLEASE DO NOT IGNORE....your acc continues to be in default....despite previous requests you have failed to settle....outstanding balance is payable immediately....if you do not take positive action to settle acc we will either forward acc to External DCA or commence legal action....further costs may apply....contact Cabot immediately...." NID says ignore but next e-mail I receive send "This email address is no longer active - please resort to an alternative method of contact" message back.

09/01/12 - another e-mail from Cabot : "....our offer to you....we can offer you a 40% discount to your outstanding debt....if paid in next 30 days....we will close acc and mark as settled with CRA....contact us now....". I will ignore and see what happens next.

15/02/12 - Yet another e-mail received from Cabot (last letter I had from them was 25/11/11), which I am unable to read, other than the subject line, which says ...."External Agent Notification". I have sent a reply e-mail back just saying the following: This email address is no longer active - please resort to an alternative method of contact.

22/02/12 - Letter rec'd from Financial Investigations and Recoveries (Europe) Ltd (F.I.R.E): "....NOTIFICATION OF INSTRUCTION TO COLLECT....our client Cabot have instructed us to recover full amount....PAYMENT REQUIRED IMMEDIATELY....contact us....". I2D says to ignore

27/02/12 - E-mail rec'd from F.I.R.E: "....make us a reasonable offer....as final attempt to resolve and stop further action....will consider reasonable offer as F&F or payment plan....contact us in next 14 days....". I will ignore, other than sending this e-mail back to them: "This email address is no longer active - please resort to an alternative method of contact." and will await their next reply.

17/03/12 - Letter rec'd from FIRE: "....PRE-VISIT NOTIFICATION....debt referred to us from Cabot....you must contact us in 48 hours to pay in full or arrange repayment....failure may result in....our client taking LEGAL PROCEEDINGS against you or a DOORSTEP AGENT calling....contact us now....". I2D says ignore

Hi Niddy/I2D,

I have an update to above account:

UPDATE: 25/04/12

Letter rec'd from FIRE: "...previously advised if debt not paid we would take further action...been instructed by our client to instruct debt recovery agent to collect debt...call us immediately or we will pass acc to Doorstep Agent...call us now..."

Do I need to send "Harassment & threat of doorstep visit"

many thanks