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  • Re: October Revolution's UE Diary

    Originally posted by PlanB View Post
    I see no immediate threat.

    If you don't dance to their tune within 14 days all they imply they'll do is check you out on Land Registry to see if you're a homeowner (are you?). There's no mention of solicitors being instructed at this stage. If you hear from J & P or Chivers then post up asap.

    Is June 2012 the last contact you've had from AK on this debt? If so then I think you might be right that PRA are provoking you into a response to see if you still exist as you limp towards SB. If you reply to that letter after over three years' silence from AK then PRA will open your file and have a good look inside. That may not be a good thing.

    I'd definitely NOT send a new CCA request at this stage because that will only prompt them into producing that enforceable agreement once again so they'll rub their hands in glee since any claim issued would be in the Fast Track with costs recoverable if they win.

    And now the good news

    There's more than one way for a claim to fail. A CCA may be "enforceable" under s.78/s.61 but PRA may have assignment issues with the debts they purchased which originated from MBNA.

    Am I right in thinking MBNA sold this debt to Varde/Experto Credite before it was sold on again to AK?

    Has Niddy taken a look at that CCA since 2012?

    Plan B x

    Hi Plan B and many thanks for your reply.

    I've highlighted and underlined your questions to which my answers/responses are as follows:

    1. I am not a homeowner.

    2. Yes, June 2012 is the last time AK contacted me and then after almost 3 years without any contact the debt was assigned to PRA (23/01/15).

    3. I will not send a new CCA request - as you say they will be rubbing their hands if they see the CCA is enforceable.

    4. Yes, MBNA sold this debt to Varde/Experto Credite before it was sold on again to AK and when I first started my diary back in Oct 2010 Varde/Experto Credite "owned" the account?

    5. The last and only time Niddy looked at the CCA was 31/12/11 the identical copy CCA which was rec'd 04/04/12 I never sent to Niddy as he had already previously said it was enforceable.

    I hope this answers your questions and makes things a little clearer.

    Many thanks for your help/input.
    Oct Revolution


    Any new updates to my diary will be highlighted in RED

    Comment


    • Re: Oct Revolution's UE Diary

      Thanks for your rapid reply.

      I rarely say "ignore" but on this occasion I know I would ignore them if I were in your position. In fact I've just ignored a similar letter from them to me.

      Post up the next letter they send you without fail. There will be one. And there may even be solicitors instructed. That's when you really need to focus.

      My guess is next they'll suddenly send you a Default Notice out of the blue if their database senses you're heading towards SB. Silly Billies

      Plan B x

      Comment


      • Re: Oct Revolution's UE Diary

        Originally posted by PlanB View Post
        Thanks for your rapid reply.

        I rarely say "ignore" but on this occasion I know I would ignore them if I were in your position. In fact I've just ignored a similar letter from them to me.

        Post up the next letter they send you without fail. There will be one. And there may even be solicitors instructed. That's when you really need to focus.

        My guess is next they'll suddenly send you a Default Notice out of the blue if their database senses you're heading towards SB. Silly Billies

        Plan B x
        Many thanks Plan B,

        I will ignore and see what they send/happens next.

        I'll also keep focused and post up any replies/further contact I get from them.

        Regards,
        Oct Revolution


        Any new updates to my diary will be highlighted in RED

        Comment


        • Re: October Revolution's UE Diary

          Originally posted by Oct Revolution View Post
          ACCOUNT 4

          MBNA (Experto Credite)

          Account: Credit Card
          Commenced: 1994
          Balance: 11k
          Date of Last full payment: 11/2009
          Start of £1 token Payment: 12/2009
          Acc Status: Defaulted 7/2010
          Acc Owner: DCA

          Further info/details: Last contact September 2010 agreeing to repayment schedule of £1/month. No interest or fees being added.

          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.

          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…” I2D says IGNORE and see what their next move is.

          11/05/12 - Letter rec'd from Aktiv Kapital: "...we have cross referenced your CCA with various legislative/regulatory rules you quoted...find no grounds that CCA is not enforceable...CCA contains all prescribed terms...we have fulfilled our obligations and court would be rule in our favour...not our policy to recover debt through courts unless forced to do so...leave us no alternative but to consider this...we are committed to assisting you if current financial circumstances prevent from paying...please consider content of letter carefully and receive in spirit it is intended...if you disregard...leave us with no alternative...further action may be considered...". I2D says send "Threat o gram before action". Letter sent.

          25/05/12 - Letter received from Aktiv Kapital: "...can not comment on your suggestions that there has been breaches of S77-S79...even if breach did occur it has now been remedied with documents supplied...similar documents have been accepted by courts as evidence of an agreement and unpaid debt... if you feel docs supplied are not true copy i would invite you to provide me with particulars...why do copies not correspond with agreement you entered into...court would not accept without supporting evidence...unreasonable to accept your point on bare allegations...we look forward to hearing from you...". I will wait and see what they do next.

          15/06/12 - Letter rec'd from Aktiv Kapital: "...we refer to our letter of 25/05/12 and note we have had no reply... in the circumstances we shall consider this line of correspondence closed....". I will ignore and see what happens next.

          23/01/15 - Letter rec'd from PRA Group who say they "have been assigned the above account...are entitled to the monies owed...and the right to continue with any actions. Akiv Kapital changed its name to PRA Group on 6 Nov 2014. Your existing payment arrangements are not affected.....if you have any questions contact us....". As they are not asking for anything and the letter is for information purposes I will just file and see if anything happens next.

          22/10/15 - Letter rec'd from PRA Group offering me a "20% voucher if I pay the remaining outstanding balance in full before the end of the month". I will ignore for the moment and see what happens next. Although, I am blagging this one!

          20/11/15 - Letter rec'd from PRA Group: "your account is being managed by our Investigations and Litigation Department to look at your outstanding debt for possible Litigation recover.......We want to work with you and clear your balance in an affordable manner.....if we do not hear from you within 14 days we will be forced to undertake further investigations to gain an insight into your ability to pay....through information that is available to us......please call today to see how we can assist...". Will ignore and see what they do next.

          Hi All,

          I have an update to the above account:

          05/12/15:

          Letter rec'd from PRA Group: "...disappointed to see you have failed to respond to out attempts to contact you...our account managers will now look into the following to assess your personal circumstances....your credit file; searches to assess home ownership; investigate any other assets and affordability...we can only assist if you get in touch...contact us within 14 days otherwise no alternative but to consider what action would be appropriate to collect debt in full...."

          Not sure what to do? Any advice please?

          My gut feeling is to ignore once again and see what they do next.

          Many thanks in anticipation of any replies/advice.
          Oct Revolution


          Any new updates to my diary will be highlighted in RED

          Comment


          • Re: Oct Revolution's UE Diary

            As I see it you have two choices with this: a) continue to ignore it b) Join AAD+ (£10) and send the refiusal to accept UE letter (I know it's enforceable but you can keep blagging )
            Let your smile change the world but don't let the world change your smile


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            Comment


            • Re: Oct Revolution's UE Diary

              For the time being I think I will ignore and see what happens next.
              Oct Revolution


              Any new updates to my diary will be highlighted in RED

              Comment


              • Re: October Revolution's UE Diary

                Originally posted by Oct Revolution View Post
                ACCOUNT 1

                First Direct (Metropolitan Collection Services)

                Account: Credit Card
                Commenced: 2003
                Balance: 22k
                Date of Last full payment: 11/2009
                Start of £1 token Payment: 12/2009
                Acc Status: Defaulted 2/2010
                Acc Owner: DCA (in-house DCA)

                Further info/details: Agree to accept £1/month. Last contact July 2010 letter asking for an increase in payment terms. Advised them can only afford to pay £1/month. No interest or fees being added.

                Activity:
                6/10/10 - CCA Request sent
                22/10/10 - letter rec'd from MCS "not in a position to respond to my request; once we are will respond with relevant documetation."

                10/12/11 - After almost 15 months of no contact I've finally heard from Metropolitan Collection services: "....we enclose a copy of your executed agreement inc. terms and conditions....consequently we now require your offer of payment....". All they have provided is a one page application form and nothing else. The copy is a really bad one too. NID says copy is illegible so as it stands it's UE. Ignore and see what happens next.

                19/01/12 - Letter rec'd from METROPOLITAN: "....agreement to hold this acc has now expired and you have failed to contact us....we now require payment....you must telephone us to avoid possibility of legal action....we now require your offer of payment....failure to contact us in 7 days will result in continued recovery action...." I2D says send CCA Query - Application Form Received - Letter sent.

                08/03/12 - Same letter as above rec'd from METROPOLITAN - will ignore.

                24/03/12 - Letter rec’d from Metropolitan: “…disappointed not been able to come to agreement…call us immediately to discuss proposals…may agree discount…repayment or settlement proposal…contact us today…”. I will IGNORE

                17/04/12 - letter rec'd from Metropolitan: "...you have failed to make payment as requested...no alternative but to take further action...may involve doorstep collection...legal proceeding...CCJ...bailiff visiting...attachment of earnings...further legal fees added to debt...contact us to arrange payment...". Advised to send "Creditor refusal to accept UE" letter.

                01/05/12 - Letter rec'd from Metropolitan: "...in response to last letter...CCA is enforceable....burden lies with borrower to demonstrate to the court that the Bank has failed...any further costs will be met by you...we require your payment proposals in next 14 days...". I will IGNORE and see what they send next.

                08/05/12 - Letter rec'd from Metropolitan: "...we are referring your acc to DG Solicitors who will contact you direct...they have been selected to help/understand your circumstances...where possible agree an affordable re-payment plan...". Will wait to see what DG Solicitors send next.

                12/05/12 - Letter received from D G Solicitors: "...We act for HSBC...despite demand payment has not been made...we may be instructed to take legal action...obtain CCJ...to avoid pay within 14 days or make arrangements for re-payment...please contact us...". Niddy says send "Threat of litigation" - Letter sent.

                02/0612 - Letter rec'd from DG Solicitors: "...IMPORTANT YOU RESPOND TO THIS COMMUNICATION...please call us within 24 hours...if you DO NOT it may NOT be possible to avoid legal action...". I will ignore and see what they do next.

                11/06/12 - Letter rec'd from DG Solicitors: "......despite a number of attempts to contact you...disappointed we have not rec'd payment proposals...our client is willing to agree reasonable repayment proposals...please call to discuss...". Niddy says send a cover letter saying "see attached" and send a copy of the last letter, ie the threat of litigation from earlier in may (12th?)- letter sent

                21/06/12 - Letter rec'd from DG Solicitors: "...despite previous demands you have failed to pay this debt...unless immediate payment is made we have been asked by our client to instruct DCA to recover...it is possible there may be another solution...our client is willing to offer a discount of 20% to the amount outstanding and accept this sum as F&F as long as paid in 10 days...if you can pay this discounted sum contact us to arrange payment..." NID says send "CCA query - Creditor refusal to accept UE" - letter sent.

                02/07/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to our CENTRAL DEBT RECOVERY UNIT...they will contact you to arrange payment...". I will file and see what I get next from them.

                04/07/12 - Letter rec'd from Central Debt Recovery Unit (as promised above!): "...debt referred to us for immediate collection...we specialise in debs where normal methods of recovery have proved ineffective...to bring this matter to a conclusion pay the full amount in next 7 days...if you cannot pay you must telephone us...".
                I2D says to send "Account sold whilst in dispute" - letter sent.

                18/07/12 - Letter rec'd from Central Debt Recovery Unit: "...WE WILL BE REVIEWING YOUR ACCOUNT FOR FURTHER ACTION...if you wish to prevent this call us...". I will ignore and see what they send next as they have not responded to my last letter.


                28/07/12 - Letter rec'd from Central Debt Recovery Unit: "...we understand you are experiencing financial difficulties...our client is prepared to offer 30% discount as FFS...upon receipt in 14 days of payment we will mark file with CRA as satisfied...if unable to accept this offer we are prepared to accept £50 per month...please contact us...". I will file and see what they send/do next.


                24/08/12 - Letter rec'd from Metropolitan: "...your acc is being transferred to Wescot Credit Services who will contact you in next 14 days....". I will file and await their letter

                31/08/12 - Letter from Wescot (as expected): "...been instructed by our client to collect outstanding balance...to avoid further action you should pay the debt in full OR contact us...". I2D says to send "account sold whilst in dispute" template letter - letter sent.

                12/09/12 - Letter rec'd from Wescot: "...FINAL NOTICE...our latest enquiries are that you are resident at this address...as no reply to our previous letters we now require full payment in 10 days...failure to do further collection activities will be taken...may result in legal action being taken against you...or refer debt to doorstep collector...contact us immediately...". I2D says send "Threat o gram before action letter"

                20/09/12 - 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.

                15/10/12 - Letter rec'd from Wescot: "...we have contacted our client who say have sent you many responses to this query as you have had advised not received any...we believe dispute is now resolved...full balance or agreed monthly insalment is now required...please contact us...". I will ignore and see what happens next.

                08/11/12 - 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.


                06/12/12 - Letter rec'd from Metropolitan: "...your account is being referred to Buchanan Clark & Wells who will contact you within 14 days...they have specialist teams and a range of plans specially designed to meet your needs...". I will file for now and await contact from them.

                08/12/12 - Letter rec'd from Buchanan Clark and Wells (as expected but quicker than I thought !): "...our clients have informed us they see no legitimate reason for non-payment...we have been granted access to your financial information held with CRA and will be monitoring this along with data from other sources to assess your ability to solve this matter...imperative you contact us...we are able to offer support...please do not ignore this matter...". "account sold whilst in dispute" letter sent

                19/12/12 - Letter rec'd from Buchanan Clark & wells: "...we regret to note balance is still outstanding...please contact us...we will be able to offer you support, advice and be sympathetic to your circumstances...all we ask is you contact us...please do not ignore this matter, we are ready to help...". Their letter is dated 12th December so I'm assuming it's crossed with my "acc sold whilst in dispute letter". I will file and await their reply.

                20/12/12 - Letter rec'd from BCW in response to my "acc sold whilst in dispute" letter: "...we have undertaken substantive investigation and refute your claim...we act in good faith...at no time were we advised account was in dispute by our client...your comments are noted but would not consider our actions to be as you describe nor contrary to legislation you quote....we have requested a copy CCA from our client and will cease collection until you receive...upon receipt of CCA if you wish to further dispute account please furnish us with details and documentation...otherwise contact us to discuss payment options...". I will sit tight and await for the said copy CCA to arrive and then take it from there for the next course of action.

                05/02/13 - Duplicate statement of account rec'd - out of the blue - and not sure who it is from. Just a 2 page computer print out of "historic statement" detailing when the account was closed and passed to a DCA and showing zero balance. Envelope is handwritten and no covering letter or compliment slip enclosed. I will just file and see what happens next.

                21/02/13 - Received call from Buchanan Clark & wells - which I answered !! - I don't normally answer the phone to numbers I do not recognise but this one came up as a local call with local dialing code!! so I answered. Caught off guard. They didn't seem well versed they kept putting me on hold. The upshot of it all was that they asked when I could make payment and I said I'm waiting for CCA as per their letter of 20/12/12 -said they will have to get back in touch with their client and put the phone down on me..................! Anyway will wait and see what they send or do next.

                25/02/13 - Letter rec'd from BCW: "...we are here to help...make us an offer...once payment plan is in operation we will not phone or write to you for a minimum of 6 months...please contact us...". I will file for the time being and see what happens next.

                27/02/13 - Getting 3-4 calls a day now from BCW - but not answering. Will send them the "Telephone Harassment" template and see what comes of it.

                05/03/13 - "Telephone Harassment" letter delivered yesterday and also received a call from them - Referred them to their letter of 20/12/12 and asked why on the one hand they are saying collection activity will cease but on the other hand they are harassing me. I advised them to stop harassing me with 4-5 calls a day and asked for my number to be removed from their system and that I would only communicate in writing.

                08/03/13 -Letter rec'd from BCW: "...we write with regard to recent communication...confirm your concerns have been noted on our system and are being investigated...I can confirm a "cease all action" instruction placed on account...". I will file and see what they do next.

                30/03/13 - Letter rec'd from BCW: "...we have noted your comments...removed your telephone number from our system...do not consider our actions as harassment...can confirm HSBC have instructed us to withdraw from the matter...we have closed our file and returned to HSBC therefore no further contact from ourselves...". I will file this letter for safe keeping.


                03/05/13 - Letter rec'd from HSBC: "....acc has now been assigned and transferred to MKDP LLP who have appointed MKRR as their servicing agents....all contact/payments should be directed to MKRR....". Also in same envelope letter from MKDP stating they have bought interest in account and are now legal owner; have appointed MK Rapid Recoveries to manage account.....". I will file for now and await further contact from MKRR.

                16/05/13 - Letter rec'd from MKRR: "...further to recent communication we have not received your offer of payment...we want to help you...please call to discuss ways we can help...until we reach agreement we will continue to contact you by phone/letter so we advise you contact us...". "acc sold whilst in dispute" sent plus telephone harassment letter.

                31/05/13 - Letter rec'd from MKRR: "...regardless of our attempts by telephone and letter we still have not received your offer of payment...we want to help you...until you contact us we are unable to help and may need to take further action...". As they have not replied to my "acc sold whilst in dispute" letter of 16/05/13 I will ignore and see what they send/do next.

                03/06/13 - Letter rec'd from MKRR: "...thank you for your recent communication... unable to resolve your query at present...we will be conducting a review...we will be in contact with you regarding resolution...". I will file and see what they send/do next.

                12/07/13 -Letter rec'd from MKDP: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". I will file and see what they send/do next.

                15/07/13 -Same letter again - as last - from MKDP: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". I will file and see what they send/do next.

                27/09/13 - Same letter again: "...apologise we are unable to resolve your query...we are currently liasing with the original creditor and will contact you when we receive a response...". Which I will ignore.

                BUT ALSO

                27/09/13: Another letter from MKDP dated same: "...accept this letter as final response...understand you believe acc is in dispute...we have contacted oC and they have confirmed they have no record of unresolved response on record...so do not regard acc in disput and normal collections will begin in 14 days...if you still believe you have genuine dispute please provide documentation within 14 days...". I will ignore and see what they do next.


                30/10/13: Letter from MK Rapid Recoveries: "...FINAL NOTICE...as you have not taken up our offer of help and as a legal requirement we are informing you that we are instructing our pre-legal dept to review your acc for further action...they may commence litigation which may increase amount payable...it is not too late to resolve this matter ...contact us immediately...". Deepie says send "Threat o gram - letter before action" - letter sent.


                15/11/13 -Letter rec'd from MKRR: "...despite previous communication from us...full payment or arranged payment plan as not been agreed...we have no option but to refer your account to Keynes Collections for litigation consideration...contact us within 7 days or the escalation team may take appropriate further action...". I will ignore and see what they do next/await contact from Keynes Collections.

                20/11/13 - Letter rec'd from Keynes Collections (as expected): "...NOTICE OF INTENDED LEGAL ACTION...you have failed to respond to previous correspondence or agreed a payment plan...we are instructed to collect balance...the amount is now due...this letter constitutes demand for payment and is in accordance with Practice Direction - Pre-Action Conduct of the Civil Procedure Rules...this letter requires your immediate attention...unless payment/plan agreed in 14 days, legal action to recover the debt may be taken...we suggest you give this matter your urgent attention and seek independent legal advise...".
                Threat by Creditor - To Commence Litigation letter sent

                10/12/13 - Claim form rece'd from Northampton County Court Bulk Centre: MKDP LLP are now claiming for the full balance to be paid. "You have a limited time in which to reply to this claim form".

                POST MOVED TO LEGAL SECTION

                05/09/14 - Update: MKDP's application has been "struck out" because they had no documents. The solicitors and MKDP are finalising the details then I'm told I should receive a letter from solicitor saying "that's that". Although, if they do come across docs at a later stage they can try again - although after 4 years and no docs I'm hoping they still can't find/locate them. Many thanks to Niddy, Deepie and Andrew (in the early stages) without whose help I would not have reached this position. Thanks everyone !
                Hi all,

                My laptop has been out of action for the last week or so and so I've been unable to update my diary until now.

                Looks like I'm joining the MKDP/Hoist Portfolio club.

                Letter rec'd 11/12/15 from MKDP: "your account has now been sold to Hoist Portfolio Holding 2 ltd.....you will shortly receive a Notice of Assignment confirming new account number and who to contact about your account..."

                Then on 18/12/15 I got a letter from Robinson Way along with NoA from Hoist. The Robinson Way letter goes on to say: "...we act as collection agents for our client...we offer a flexible approach to repaying your account...please contact us by 25/12/15 to let us know which payment option is best for you..."

                The letter is signed by the customer contact manager BUT there is another paragraph underneath that says "...we are aware that legal activity has previously been taken in respect of this account. Our clients solicitors, Howard Cohen and Co, will be applying to the court to change the name of the claimant to Hoist and they will write to confirm.....".

                Not sure what to do with this one as it's already been to court with MKDP and was struck out.
                Oct Revolution


                Any new updates to my diary will be highlighted in RED

                Comment


                • Re: October Revolution's UE Diary

                  Originally posted by Oct Revolution View Post
                  ACCOUNT 4

                  MBNA (Experto Credite)

                  Account: Credit Card
                  Commenced: 1994
                  Balance: 11k
                  Date of Last full payment: 11/2009
                  Start of £1 token Payment: 12/2009
                  Acc Status: Defaulted 7/2010
                  Acc Owner: DCA

                  Further info/details: Last contact September 2010 agreeing to repayment schedule of £1/month. No interest or fees being added.

                  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.

                  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…” I2D says IGNORE and see what their next move is.

                  11/05/12 - Letter rec'd from Aktiv Kapital: "...we have cross referenced your CCA with various legislative/regulatory rules you quoted...find no grounds that CCA is not enforceable...CCA contains all prescribed terms...we have fulfilled our obligations and court would be rule in our favour...not our policy to recover debt through courts unless forced to do so...leave us no alternative but to consider this...we are committed to assisting you if current financial circumstances prevent from paying...please consider content of letter carefully and receive in spirit it is intended...if you disregard...leave us with no alternative...further action may be considered...". I2D says send "Threat o gram before action". Letter sent.

                  25/05/12 - Letter received from Aktiv Kapital: "...can not comment on your suggestions that there has been breaches of S77-S79...even if breach did occur it has now been remedied with documents supplied...similar documents have been accepted by courts as evidence of an agreement and unpaid debt... if you feel docs supplied are not true copy i would invite you to provide me with particulars...why do copies not correspond with agreement you entered into...court would not accept without supporting evidence...unreasonable to accept your point on bare allegations...we look forward to hearing from you...". I will wait and see what they do next.

                  15/06/12 - Letter rec'd from Aktiv Kapital: "...we refer to our letter of 25/05/12 and note we have had no reply... in the circumstances we shall consider this line of correspondence closed....". I will ignore and see what happens next.

                  23/01/15 - Letter rec'd from PRA Group who say they "have been assigned the above account...are entitled to the monies owed...and the right to continue with any actions. Akiv Kapital changed its name to PRA Group on 6 Nov 2014. Your existing payment arrangements are not affected.....if you have any questions contact us....". As they are not asking for anything and the letter is for information purposes I will just file and see if anything happens next.

                  22/10/15 - Letter rec'd from PRA Group offering me a "20% voucher if I pay the remaining outstanding balance in full before the end of the month". I will ignore for the moment and see what happens next. Although, I am blagging this one!

                  20/11/15 - Letter rec'd from PRA Group: "your account is being managed by our Investigations and Litigation Department to look at your outstanding debt for possible Litigation recover.......We want to work with you and clear your balance in an affordable manner.....if we do not hear from you within 14 days we will be forced to undertake further investigations to gain an insight into your ability to pay....through information that is available to us......please call today to see how we can assist...". Will ignore and see what they do next.

                  05/12/15 - Letter rec'd from PRA Group: "...disappointed to see you have failed to respond to out attempts to contact you...our account managers will now look into the following to assess your personal circumstances....your credit file; searches to assess home ownership; investigate any other assets and affordability...we can only assist if you get in touch...contact us within 14 days otherwise no alternative but to consider what action would be appropriate to collect debt in full....". I will ignore and see what happens next.
                  Hi all,

                  My laptop has been out of action for the last week or so and so I've been unable to update my diary until now.

                  Letter received from PRA Group on 18/12/15: "...we have now carried out our investigations into your personal circumstances to determine best course of action. Based on the information, we will consider are next course of action, which may be either 1. legal action to recover balance; 2. passing your acc for a home visit by a debt collector to agree a suitable payment plan. In the event of legal action a claim for the outstanding balance plus costs and interests will be sought. to avaod contact us in 14 days..."

                  Not sure what I need to do next if anyone can advise.

                  Is it best to ignore and see what happens/they do next.

                  many thanks
                  Oct Revolution


                  Any new updates to my diary will be highlighted in RED

                  Comment


                  • Re: Oct Revolution's UE Diary

                    What was the last letter you sent them ?
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • Re: Oct Revolution's UE Diary

                      Originally posted by Deepie View Post
                      What was the last letter you sent them ?
                      For Account 4? PRA Group?

                      I've never sent anything to PRA Group. The last letter I sent for this account was on 11/05/12 - to Activ Kapital and that was "Threat o gram before action".

                      Oct Revolution


                      Any new updates to my diary will be highlighted in RED

                      Comment


                      • Re: Oct Revolution's UE Diary

                        Originally posted by Oct Revolution View Post
                        For Account 4? PRA Group?

                        I've never sent anything to PRA Group. The last letter I sent for this account was on 11/05/12 - to Activ Kapital and that was "Threat o gram before action".

                        If it were me I'd sent a swid

                        How long till SB ?
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • Re: Oct Revolution's UE Diary

                          Originally posted by Deepie View Post
                          If it were me I'd sent a swid

                          How long till SB ?
                          Hi,

                          Last £1 token payment was October 2010; Default notice 07/2010.

                          Have you read the reply from Plan B a bit further up my diary from post no. 945
                          Oct Revolution


                          Any new updates to my diary will be highlighted in RED

                          Comment


                          • Re: Oct Revolution's UE Diary

                            Originally posted by Oct Revolution View Post
                            Hi,

                            Last £1 token payment was October 2010; Default notice 07/2010.

                            Have you read the reply from Plan B a bit further up my diary from post no. 945
                            I have now ........needs stringing out 10 months ....
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • Re: Oct Revolution's UE Diary

                              Originally posted by Deepie View Post
                              I have now ........needs stringing out 10 months ....

                              Yeah,

                              So at the moment I think the best course of action would be to ignore and see what happens next. Unless you think I should send the letter you advised.

                              Oct Revolution


                              Any new updates to my diary will be highlighted in RED

                              Comment


                              • Re: Oct Revolution's UE Diary

                                Originally posted by Oct Revolution View Post
                                Yeah,

                                So at the moment I think the best course of action would be to ignore and see what happens next. Unless you think I should send the letter you advised.

                                nothing will happen over xmas so yeh ...see what Planb thinks ?
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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