Oct Revolution's UE Diary

[Never-In-Doubt]

Re: Oct Revolution's UE Diary

Thing is, there's a lot we've learned (as consumers), there have been changes to legislative guidelines, there's a new Regulator, we've won loads of very good legal arguments & things have likely gone astray in the last 5/6 years so even if they try arguing Cause of Action as being +9 months from SB date (based on your last payment); we'd probably find faults galore & enough to make it UE or at least win if it got to court.

Remember Jo (solicitor) is very skilled & extremely clever at finding faults.

Id not worry too much but don't get cocky as the CoA could be a few months off the date you believe SB to be. PRA are very litigious and so if they write making threats, pm me! Let me know. I'll most probably suggest a new s.78 Request but until they write and we know what they're threatening, best to stay schtum!

[Oct Revolution]

Re: October Revolution's UE Diary

Loved reading this - but if it has already been struck out once,and no new details have come to light,surely you have nothing to worry about - or could claim harrassment

Hi hra47,

Account 1 - First Direct/MKDP was struck out and the only creditor to try their hand in court. This is for account 4: MBNA and as MrD says, I'm happy to let this roll, no point in poking a stick ino to the hornets nest, so to speak.

This account was deemed enforceable by Niddy back in Dec 2011 so been blagging it ever since and now almost at SB.

[hra47]

Re: Oct Revolution's UE Diary

no point in causing a fuss at this stage, just let it settle into SB heaven

ha ha,great stuff!

[MrsD]

Re: Oct Revolution's UE Diary

no point in causing a fuss at this stage, just let it settle into SB heaven

[hra47]

Re: October Revolution's UE Diary

Loved reading this - but if it has already been struck out once,and no new details have come to light,surely you have nothing to worry about - or could claim harrassment

[Pixie]

Re: Oct Revolution's UE Diary

As the account was defaulted in July 2010 and my last £1 token payment was October 2010 I think they may be trying their luck. I will blissfully ignore and see if they contact me again or send a letter.


Keep up the good fight everyone.

I think you might be right Unfortunately (for them) they don't realise that they're dealing with a long-standing member of AAD

[Oct Revolution]

Re: Oct Revolution's UE Diary

Hi everyone,

Had a call from PRA group - I didn't answer and now number blocked.

I can only assume it's for my MBNA account (account 4 on my diary). Not heard from this lot since Feb this year offering me a discount and if I didn't contact them within 14 days they would get Credit Security Ltd to contact me, which never happened.

As the account was defaulted in July 2010 and my last £1 token payment was October 2010 I think they may be trying their luck. I will blissfully ignore and see if they contact me again or send a letter.


Keep up the good fight everyone.

[Oct Revolution]

Re: Oct Revolution's UE Diary

Hi all,

Letter rec'd from Robinson Way in response to my SWID letter of last week. They acknowledge the dispute/query and will make necessary enquiries, in the meantime all collection activity will stop.

I will await the outcome of their enquiries.

[Oct Revolution]

Re: Oct Revolution's UE Diary

I suspect you're right in your thinking that Robinson Way are not confident of going to court with this (though it was a 66% settlement ie 34% discount) However you don't want to be testing the theory! I'd be sending SWID. If nothing else it buys you a bit more time towards SB.

Yeah, you're right Pixie about the settlemet discount - I got it the wrong way round !!

And yes, I agree, SWID letter will be on it's way to RB.

Many thanks

[Pixie]

Re: Oct Revolution's UE Diary

I suspect you're right in your thinking that Robinson Way are not confident of going to court with this (though it was a 66% settlement ie 34% discount) However you don't want to be testing the theory! I'd be sending SWID. If nothing else it buys you a bit more time towards SB.

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 3

Tesco Personal Finance

Account: Credit Card
Commenced: 2001
Balance: 4k
Date of Last full payment: 11/2009
Start of £1 token Payment: 12/2009
Acc Status: Defaulted 2/2010
Acc Owner: original Creditor

Further info/details: Agree to accept £1/month. Last contact August 2010 (statement). No interest or fees being added.

Activity:
06/10/10 - CCA Request sent
05/11/10 - CCA rec'd (e-mailed to NID for advice)
09/11/10 - NID syas :UE "T&C's rec'd" letter sent
16/11/10 - Letter rec'd from Tesco in reply to last: Stating "CCA is true copy; consider account not to be in dispute; will pursue for full payment; will not enter into further correspondence over alleged CCA breaches" - NID says bog standard letter to ignore.

08/01/11 -Letter rec'd from Tesco (dated 20/12/10) “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.

20/01/11 - Letter rec'd from TRITON "Tesco 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......" NID says send "account sold whilst in dispute of CCA request" letter.

21/01/11 - Above letter sent.
24/01/11 - Calls received daily from Triton - Ignoring/Not answering.
04/02/11 - 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”

10/02/11 - NID says send "harassment/doorstep visit" template. Letter sent.
12/02/11 - Letter rec'd from Triton: “..we remain disappointed you have failed to settle debt/make repayment proposals….we have now recommended to Tesco that solicitors be instructed to commence court proceedings which you would be liable for costs……" NID says send "Threat by Lender/DCA - To commence Litigation".

14/02/11 - Above letter sent.
19/02/11 - Letter from Tesco received in response to my “Threat o gram – to commence litigation” letter sent to Triton:“ 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 their final response so ignore.

22/02/11 - letter rec'd from Tesco in response to my Threat o gram "doorstep visit" letter, in which they say "can not uphold my complaint as acc still remains unpaid and acc is enforceable". I will file and ignore and see what happens next.

01/03/11 - Letter rec'd from Tesco (which is exactly the same one as I received on 08/01/11): “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”. Nid says send Threat by lender/DCA to commence litigation. Letter sent.

30/03/11 - Letter rec’d from Green & Co Solicitors: “….instructed by our client Triton/Tesco….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

14/04/11 - Letter from Triton in response to my last letter: “….write with ref to recent correspondence ….our records show Tesco complied with your CCA request with all relevant docs….further to this Tesco 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 ignore and see what happens next.

20/05/11 - Rec'd a yellow card (in an envelope) from Allied International Credit (UK) Ltd: "....our client has informed us a Formal Demand has been made....payment of full balance must be paid immediately....if you want to discuss acc contact us...." NID says ignore for time being.

29/06/11 - Telephone harassment letter sent.

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

13/08/11 - Rec'd letter from AIC: ".... early settlement offer of 25%....as account remains unpaid we are reviewing your acc to consider if further action is warranted....please contact us.....failure to do so may result in a recommendation to our client that proceedings should be initiated...." NID says ignore.

13/09/11 - rec'd letter from AIC - similar to last one (I wonder if they will send one every month !) - Will ignore.

23/11/11 - Letter rec'd from Fredrickson International: “….instructed by Tesco to collect outstanding balance….you have failed to pay outstanding balance despite repeated requests….full payment now due to avoid further action….contact us IMMEDIATELY to discuss this matter….payment should be made to Fredrickson International LTD….” NID says to IGNORE

02/12/11 - Letter from Fredrickson: "LETTER BEFORE ACTION....this debt must be paid in full in next 7 days otherwise we will take immediate action....legal action now being considered....further additional costs will be added....bailiff may call....judgement would affect future credit....pay now...." I2D says send "Threat o Gram letter Before Action" - letter sent.

10/12/11 - Yellow Letter rec'd from Fredrickson: "CONFIRMED RESIDENT....acc seriously in arrears...you have failed to correspond or make payment despite trace enquiries showing you live at this address....contact us.... failure to arrange payment your acc will be passed to solicitors with authorisation to proceed with immediate proceedings against you...." I2D says ignore as its crossed with my last letter.

16/12/11 - Letter from Fredrickson in response to my "threat o gram before action" letter:
".....we have referred matter to client....will revert to you when instructions rec'd....acc placed on hold....". will file and see what happens next.

23/12/11 - Letter from Fredricksons: "....we have been in contact with you....you informed us information in respect to this debt was incorrect....we provided details of dispute to our client who now state debt details are correct....we would like to discuss matter with you....please call us in next 7 days....". NID says wait and see what their next move is

06/01/12 - Letter rec'd from Bryan Carter Solicitors: ".....payment must be made in next 14 days....failing we will recommend to client that proceedings be issued without further notice....additional charges will be added....before we refer acc for litigation you have an opportunity to contact Fredricksons with payment proposals...." NID says send "threat to commence litigation" - letter sent

24/05/12 - Letter rec'd from Westcot (new DCA for this acc): "....we have been instructed by Tesco 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...." I will IGNORE and see what their next move is.

02/06/12 - 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...." I will IGNORE and see what they do next.

14/06/12 - 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

05/07/12 - 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.

16/07/12 - 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....you have a final opportunity to avoid this by contacting us IMMEDIATELY to arrange repayment....". I2D says to send "Doorstep Visit" template - letter sent.

1/07/12 - Letter rec'd from Westcott: "...when you signed your contract it stated acc may be passed to a third party to deal with...please contact us to arrange payment...". I will ignore and see what they send/do next.

23/07/12 - Letter rec'd from Westcot: "...acknowledge you have a query on account...we will investigate and get back to you...may take several weeks...all collection activities will stop whilst being investigated...". I will file and see what they come back with next.

03/08/12 - Letter rec'd from Westcot: "...refer to your recent communication...we have contacted our client who have advised they have no record of a CCA request for this account...dispute now resolved and full balance or monthly payments now required...please contact us...if you still believe you have valid dispute contact us in 14 days otherwise acc will be returned to our recovery team...". Not sure what to make of this as my CCA request was sent on 06/10/10.

09/08/12 - "Creditor refusal to accept UE status" letter sent

22/08/12 - Letter rec'd from Westcot: "...acknowledge you have a query on account...we will investigate and get back to you...may take several weeks...all collection activities will stop whilst being investigated...". I will file and see what they come back with next.

25/08/12 - Letter rec'd from Wescot: "...we have contacted our client who have provided the documentation you requested..see attached...we believe dispute is now resolved...full balance or agreed monthly insalment is now required...please contact us...". Nid says send CCA query missing PT's - letter sent

14/09/12 - Letter rec'd from Westcot: "...acknowledge you have a query on account...we will investigate and get back to you...may take several weeks...all collection activities will stop whilst being investigated...". I will file and see what they come back with next.

03/10/12 - Letter rec'd from Wescot: "...we have contacted our client who have provided the documentation you requested...we believe dispute is now resolved...full balance or agreed monthly insalment is now required...please contact us...". I will sit tight and see what they do next.

27/02/16 - Letter rec'd from Tesco: "... your account as been asigned to HOIST Portfolio Holdings 2 Limited (HPH2) who have appointed Robinson Way to manage your account...you may be contacted by Robinson Way to discuss your circumstances and agree suitable repayment plans...". I will ignore for now until I hear from Hoist or Robson Way and then take it from there.

01/03/16 - Didn't take Hoist/Robinson Way long to get in touch: Letter from Hoist stating they now own account and have appointed Robinson way to manage account. In same envelope letter from Robinson Way: "...helping you to clear your account...please contact us now to help find a suitable solution...". As none of the letters are threatening and the Rob Way letter does not give me a timescale in which to reply by/get in touch, I will hold fire on sending the SWID letter and wait for their next letter to see what to do next, all the while the SB clock continues to countdown.

15/03/16 - Letter from Rob Way: "...we have a range of payment options....which is the best for you? ...contact us within 7 days to discuss....". I will ignore and await the next communication.

24/03/2016 - Letter from Robinson Way: "...Settlement Offer Available - important you get in touch to tell us about your situation. If we don't hear from you we will have to make a decision on what happens next: whether to advise our client to instruct Howard Cohen & Co solicitors to commence legal action, OR continue with collection activity, letter and calls. Alternatively, our client will accept a 25% reduction in the balance outstanding to clear the debt in one payment.....please contact us...". As no threat is mentioned I think the best course of action is to ignore for the time being and see what happens next.

16/05/2016 - Letter from Robinson Way: "...above acc remains outstanding and we need to agree an affordable payment plan based on your circumstances...please contact us to discuss and take control today...". No threats and just seems a run of the mill letter so will file and ignore and see what happens next.

31/05/16 - Letter from Robinson Way: "...WHY HAVE YOU NOT CONTACTED US...we do not currently have a payment plan or agreement...please contact us to discuss your circumstances...". As no direct threats are mentioned I will file, ignore and see what happens next.


10/06/16 - Letter rec'd from Robinson Way: "...our client has advised they will accept 66% settlement to clear the balance in one payment...please contact us..." As no direct threats are mentioned I will file, ignore and see what happens next.

Hi everyone,

I have an update to the above account:

UPDATE: 04/08/16:

Letter rec'd from Robinson Way: "...Pre-legal assessment...acc remains unpaid and is now being considered for legal action...your acc may be transferred to Howard Cohen & Co in 10 days...the best way to understand your circumstances is to contct us to agree affordable payment plan...if acc transfereed to HC&C and court action is taken costs and interest may be applied...contact us..."

Not sure what to do here, do I sit tight and ignore and see what happens next or send SWID?

The last letter RW sent was an offer of 66% discount to clear balance, so I'm assuming they are thinking the account may not even stand up in court!

Plus, I think the account becomes SB around Oct/Nov this year (default issued 30/12/2009; last £1 payment made Oct 2010).

Any advice greatly appreciated - many thanks

[Oct Revolution]

Re: Oct Revolution's UE Diary

They tend to do a final push in year 6 to avoid it going SB but sometimes miss it. Remember, IF they're already in default of your previous s.77-79 request then do not give them reason to remedy by requesting a new CCA. Likewise, don't send in any SB template. Quiet / off radar is the best way forward.

If they get arsey / issue legal threats let one of our mods / site team know so we can guide you.

Many thanks Niddy,

I'm going to sit back, relax and let it all wash over me. Unless they start to get heavy then I shall be back on here for advice and the next step forward.

Keep up the good fight everyone.

Best regards,

[Never-In-Doubt]

Re: Oct Revolution's UE Diary

They tend to do a final push in year 6 to avoid it going SB but sometimes miss it. Remember, IF they're already in default of your previous s.77-79 request then do not give them reason to remedy by requesting a new CCA. Likewise, don't send in any SB template. Quiet / off radar is the best way forward.

If they get arsey / issue legal threats let one of our mods / site team know so we can guide you.

[helmsman]

Re: October Revolution's UE Diary

Yep, defo ignoring. 6 months away from SB if my understanding is correct.

Hi,
6 months for me too, getting a few letters now after several years of hearing nothing, ignoring them at the moment unless they get serious.
So let's hope we have a good 6 months.
Helmsman.

[Oct Revolution]

Re: October Revolution's UE Diary

I bet they would!



That's what I'd do.

Yep, defo ignoring. 6 months away from SB if my understanding is correct.