Oct Revolution's UE Diary

[PlanB]

Re: Oct Revolution's UE Diary

That's curious

Your claim was struck out on 5th September 2014. Once a claim has been struck out it is finished unless the Claimant (or Defendant if applicable) appeals to have the sanction lifted, and they would have to do that promptly not over a year and a half later (and they haven't done that).

Do you have a copy of the 2014 strike-out Order which you can email to me with a copy of that new Order substituting MKDP with HPH2. Use PlanB@all-about-debt.co.uk

I expect Howard Cohen did a job lot of these substitutions based on claim reference numbers which they were given by MKDP. They probably didn't even know the claim had been struck out. They will have done it to put themselves in a position to enforce any CCJ, only you didn't get a CCJ.

They may be daft but the DJ who made the Order should have known better. He only had to look at the file.

Plan B x

[Oct Revolution]

Re: October Revolution's UE Diary

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 !

11/12/15- Letter rec'd 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 - letter rec'd 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...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.....". I will wait and see if Howard Cohen and Co get in touch.

07/01/16 - Letter rec'd from Robinson Way (dated 30/12/15): "...above account remains outstanding...need to agree affordable payment plan based on circumstances...please contact us before 10/01/16 to tell us what YOU can AFFORD...". I will ignore for now and see what happens next.

23/01/16 - Letter rec'd from Robinson Way: "...we want to work with you and agree an affordable arrangement - please complete attached financial statement detailing your income/expenditure and proposed repayment......". I will not be filling in and returning the financial statement and I think the best option is to ignore for now and see what happens next.

Hi everyone,

I have an update to the above account:

UPDATE: 07/04/16: Letter rec'd from Howard Cohen Solicitors: "...we write further to advise Hoist Portfolio Holding 2 (HPH2) are now the legal owners...we are instructed on their behalf to act in all litigation matters and send this letter for information purposes...to do so we have submitted an Application to the court to substitute the claimant detais from MKDP to HPH2, because our client are now the legal owners and the Order further confirms that we are on the court record and acting on it behalf...we request you continue to deal with our clients agent Robinson Way...."

The letter includes a copy of the court order from THE HIGH COURT OF JUSTICE that states"...IT IS ORDERED that the claiment MKDP be substituted with HPH2 on the basis that the benefit of the Claims has been assigned by MKDP to HPH2....this order has been made without a hearing...".

I assume this is for information purposes, as Howard Cohen state, and is just telling me that the account/debt as been assigned from MKDP to HPH2. And that I do not need to do anything? OR do I? It also states to contine with Robinson Way which at the moment I have been ignoring them!

Many thanks, in advance, for any advice given.

[Oct Revolution]

Re: Oct Revolution's UE Diary

I'd just ignore for now too mate. Good luck

Thanks Niddy - thats just what I'm doing

[Never-In-Doubt]

Re: Oct Revolution's UE Diary

I'd just ignore for now too mate. Good luck

[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.

A further update to the above account:

UPDATE: 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 continuw 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. Any opinions greatley appreciated - thanks

[Oct Revolution]

Re: Oct Revolution's UE Diary

Yea forget SB. You're going to be fighting this one head on mate. Worry not, we're here to help

Thanks Niddy

[Never-In-Doubt]

Re: Oct Revolution's UE Diary

Yea forget SB. You're going to be fighting this one head on mate. Worry not, we're here to help

[Oct Revolution]

Re: October Revolution's UE Diary

When is this debt due to go statute barred?

Plan B x

Hi Plan B,

last payment (£1 token) was made in October 2010; Default rec'd Feb 2010. So,looking at Nov/Dec 2016 as SB

[Oct Revolution]

Re: Oct Revolution's UE Diary

It may end up at hoist - part of same parent firm so watch out for that

Hi Niddy,

yeah, already had the letter from Hoist after Tesco passed it to them informing me Rob Way are acting on their behalf.

[PlanB]

Re: October Revolution's UE Diary

hoping to drag this one out for the rest of the SB year

When is this debt due to go statute barred?

Plan B x

[Never-In-Doubt]

Re: Oct Revolution's UE Diary

It may end up at hoist - part of same parent firm so watch out for that

[Oct Revolution]

Re: October Revolution's UE Diary

Sounds like a plan, That's what I would do

You know there will be another letter, and another, and another.......

Oh yes - hoping to drag this one out for the rest of the SB year

[Spud]

Re: October Revolution's UE Diary

Sounds like a plan, That's what I would do

You know there will be another letter, and another, and another.......

[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.

Hi everyone,

small update to the above account:

UPDATE: 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.

[Oct Revolution]

Re: October Revolution's UE Diary

Things can, and do change / get lost in translation - since 2012 a lot has occurred and we utilise different parts of the CCA to fight back so if they do get heavy to the point you know they're going to issue, then send for a new CCA (albeit not yet or without checking / pm me if and when you get twitchy).

The way we check things now, I would be extremely shocked if this was enforceable as things stand today - Jo works totally different and being she is the expert with regards to Recon's - she finds a lot of old EN agreements now UE which is bloody brilliant.

So don't stress - just don't let them issue a claim without requesting a new CCA.

Hi Niddy,

thanks for your input. I'm not stressing, taking it in my stride, as I have done ever since finding you/ADD nearly 6 years ago. I've blagged it this far so hopefully won't fall at the final hurdle. Anything they send through to me I'll be right back here posting it up for advice.

Many thanks