Oct Revolution's UE Diary

[Never-In-Doubt]

Re: October Revolution's UE Diary

Yeah, Niddy deemed this enforceable (which was strange as my other MBNA accs are UE)

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.

[Oct Revolution]

Re: October Revolution's UE Diary

I completely agree with that

Plan B x

Yep, hopefully drag it out for the rest of the year while the SB clock keeps ticking

[PlanB]

Re: October Revolution's UE Diary

I don't want to be sending off for a new CCA as they may fight it more vigourously if they realise the CCA is ok and enforceable (or may be enforceable).

I completely agree with that

Plan B x

[Oct Revolution]

Re: October Revolution's UE Diary

I can only assume they don't know too much about the account, or have'nt looked into it too much as why would they offer 65% discount as settlement if it's enforceable. I know they buy these accounts for peanuts and any small return is still profit for them. Probably an automated "run of the mill" letter.

As Swanfan said: "I had the same letter from PRA before Christmas, not heard anything since then!" so hopefully can dragg it out for some time still.

[Oct Revolution]

Re: October Revolution's UE Diary

Your diary post # 981 says that Niddy deemed this debt to be on 31st November 2012 and it appears he advised you to blag it.

Is that still the case?

I can see you agreed to make £1 token payments from September 2010 so the debt won't be SB yet, but when did those payments stop?

Plan B x

Hi Plan B,

Yeah, Niddy deemed this enforceable (which was strange as my other MBNA accs are UE) and I've been blagging it ever since and to be honest it's been very quiet. I started £1 token payments in Sept 2009 BUT stopped in Oct 2010 (as I did with all my accounts) after finding Niddy and Co. So, not much longer until it's SB and I'll continue to blagg. I don't want to be sending off for a new CCA as they may fight it more vigourously if they realise the CCA is ok and enforceable (or may be enforceable).

[PlanB]

Re: October Revolution's UE Diary

UPDATE: 04/02/16 - Letter rec'd from PRA Group: "...we are disappointed you have not responded to our letters...

Your diary post # 981 says that Niddy deemed this debt to be on 31st November 2012 and it appears he advised you to blag it.

Is that still the case?

I can see you agreed to make £1 token payments from September 2010 so the debt won't be SB yet, but when did those payments stop?

Plan B x

[swanfan]

Re: October Revolution's UE Diary

UPDATE: 04/02/16 - I will ignore for now and await contact from Credit Security Ltd and take it from there. Probably send SWID when they do contact me.

I had the same letter from PRA before Christmas, not heard anything since then!

[Oct Revolution]

Re: October Revolution's UE Diary

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 or tllowing 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.

18/12/15 - Letter received from PRA Group: "...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...". I will ignore for the time being and see what happens next.

Hi everyone,

I have an update to the above account:

UPDATE: 04/02/16 - Letter rec'd from PRA Group: "...we are disappointed you have not responded to our letters...as you have not responded your account will now be passed to Credit Security Ltd... However, before we do we will give you a final opportunity to avoid this by offering you a 65% discount on the balance outstanding as a settlement offer...if we do not hear from you within 14 days we will ask Credit Security Ltd to contact you"

I will ignore for now and await contact from Credit Security Ltd and take it from there. Probably send SWID when they do contact me.

[Oct Revolution]

Re: October Revolution's UE Diary

Good idea

Thanks Niddy - thats just what I'll do.

[Never-In-Doubt]

Re: October Revolution's UE Diary

I think I may hold fire on sending the SWID letter and wait for their next letter to see what to do next

Good idea

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 3

Tesco Personal Finance

Account: Credit Card


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.

Hi everyone, I have an update to the above account:

UPDATE: 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 think I may 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.

Any thoughts?

[Pixie]

Re: Oct Revolution's UE Diary

I heard from RobWay/Hoist today. I think they realise that we might try to drag it out

[Oct Revolution]

Re: October Revolution's UE Diary

Yep, I'm sitting tight everyone and waiting to hear from Rob Way/Hoist then I'll try to slowly drag it out.

[Pixie]

Re: October Revolution's UE Diary

Hi everyone, I have an update to the above account after almost 3 1/2 years !

UPDATE: 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 assume I ignore for now until I hear from Hoist or Robson Way and then take it from there.

I'm now into the last 12 months before this becomes SB (as far as I know). Last payment (£1 token) was made in October 2010 and default was rec'd February 2010.

many thanks

Me too Oct Revolution. The last I heard anything was June 2012. Seems like they're getting rid of those close to SB.

Even though the letter was on Tesco headed paper it came from RobWay (I know their envelopes anywhere!) so I'm going to send a SWID to RobWay and then to Hoist when I hear from them.

[cymruambyth]

Re: Oct Revolution's UE Diary

They will be in touch! Tesco refused my request for a CCA but this lot supplied it within days. As it was also deemed unenforceable they are now scratching their heads and trying to find more paperwork!