Oct Revolution's UE Diary

[Oct Revolution]

Re: Oct Revolution's UE Diary

They've tried that before but we all get stronger thanks to AAD. It's the first time they've been in touch for over two years so the SB clock is ticking away quit nicely.

[Oct Revolution]

Re: Oct Revolution's UE Diary

Nice one OR!
Good luck to them doing anything short of enforcement. What are they going to do, letter you to death?

They've tried that before but we all get stronger thanks to AAD. It's the first time they've been in touch for over two years so the SB clock is ticking away quit nicely.

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 9

Egg

Activity:

06/10/10 - CCA Request sent
22/10/10 - CCA rec'd (will e-mail to NID for advice)Nid says acc may be enforceable but to blag for time being and send "T&C's rec'd" letter.
25/10/10 - "T&C's rec'd" Letter sent to Egg
04/11/10 - Letter rec'd for last; Egg looking into complaint, may take upto 8 weeks
23/11/10 - Reply from Egg ref my complaint:- "the docs provided constitute a true copy of agreement; now satisfied my request for CCA the complaint is now closed; regular monthly payments should continue". NID says bog standard letter ignore for now.

25/01/11 - Letter rec'd from Clarity " ...been instructed by EGG to make arrangements with you to repay above amount……are prepared to offer 15% discount as F&F…and will remain open for 7 days…if unable to pay contact them to agree payment plan….If we do not hear from you will consider options available to us…..inc. rep. visiting or where agreement remains legally enforceable, recommend to client that their solicitors be instructed to commence legal action” Nid says to send "Threat o Gram before action" letter.

27/01/11 - Above letter sent

02/02/11 - Calls received daily from Clarity - Ignoring/Not answering.
08/02/11 - Letter rec'd from Clarity:“we wrote recently but note we have not reached an agreement with you…your acc is in default and full balance is payable immediately….if the agreement remains legally enforceable we will consider recommending our client/solicitors commence legal action.. if you ignore this letter further recovery action will take place…to prevent this pay balance/arrange repayment by instalments via web site; call; e-mail; send cheque”

10/02/11 - NID says ignore last as letter crossed with my letter of 27/01/11

18/02/11 - letter rec'd from Clarity: “thank you for your recent letter…..we have requested further info from EGG and will be in contact once we have received a response”. Assume it’s in response to my letter sent to them on 27/01/11 “threat o gram before legal action”. I will just file and wait to see what happens next.

27/06/11: - letter rec'd from Fredrickson International Ltd: “….instructed by Egg 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 ignore and see what they send next.

27/06/11 - Receiving over 14 calls a day from Fredrickson: "Harassment by Telephone" letter sent.

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

08/07/11 - Letter rec'd from Fredrickson: "....as arranged we have enclosed our official Financial Statement form for you to complete....we can not consider your circumstances unless you complete and return....". I will ignore and see what happens next.

14/07/11 - letter rec'd from Fredrickson: "LETTER BEFORE ACTION....this debt must be paid in full in next 7 days otherwise we will refer to solicitors who may take legal action without further notice....further additional costs will be added....bailiff may call....judgement would affect future credit....pay now...." Nid says send "account sold whilst in dispute" - letter sent.

28/07/11 - Letter from Fredrickson in response to my "account sold whilst in dispute" 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.

05/10/11 - Letter from Fredrickson who have now "contacted Egg" and "have enclosed account documents....hope this clarifies matters....look forward to proposals for discharge of acc....". Documents sent are exactly the same as supplied direct to me from Egg on 22/10/10. NID says IGNORE.

12/11/11 - Letter rec'd from Barclaycard: "....acc now transferred to Arrow Global Guernsey....this letter is formal notice of assignment....oustanding balance now payable to Global....Fredrickson will continue to service acc....Global will contact you direct....". In2Deep says ignore until I hear from Global.

22/11/11 - Letter rec'd from Arrow Global: "....advise you that Barclays has assigned acc to us....you should contact Fredricksons to repay this acc as a matter of urgency....all correspondance should also be directed to Fredricksons....". NID says ignore

29/06/12 - Letter rec'd from Fredrickson: "...we refer to recent communication...we are no longer instructed in connection with this matter and have returned acc to our client...". I will file and see who gets the account next.

13/12/12 - Letter rec'd from Rossendales Collect: "...debt passed to us by Arrow Global Guernsey...you have ignored previous requests for payment...we intend to recover outstanding debt...pay full amount in 7 days otherwise recovery action will commence...". "account sold whilst in dispute" sent.

02/01/13 - Letter from Rossendales: "...we are looking into your query...will contact out client...account on hold...". I will file and see what happens next.

18/03/15 - Letter rec'd From Rossendales Collect (after 2 years and 2 months): "further to your request, please find copy documents to support recovery of your debt...". They then include a letter from Barclaycard which includes a reconstituted copy of my agreement stating my current outstanding balance which is now payable. They go on to say they are unable to provide a copy of terms of credit card and accept they are prevented from enforcing, but will take any action required short of enforcement to recover the debt. I will file and see what happens next?

Hi Everyone,

I have a further update to the above account:

UPDATE: 01/04/15: Letter rec'd from Rossendales Collect: "...we are concerned that since our last letter no progress has been made in agreeing payment...we are still managing account...if you are in a position to clear full amount or want to arrange an installment plan please call us...we look forward to hearing from you...".

ALSO,

rec'd a telephone call today from them - which I ignored.

I assume I do the same with the letter until I hear anything else from them, bearing in mind Barclaycard say they are unable to enforce (previous post).

Many thanks

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hi everyone,

I have an update to the above account:

UPDATE: 18/03/15:

Letter rec'd From Rossendales Collect (after 2 years and 2 months): "further to your request, please find copy documents to support recovery of your debt..."

They then include a letter from Barclaycard which includes a reconstituted copy of my agreement stating my current outstanding balance which is now payable. They go on to say they are unable to provide a copy of terms of credit card and accept they are prevented from enforcing, but will take any action required short of enforcement to recover the debt.

I assume I just file and see what happens next?

Awesome. How did I miss this!!

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hi Everyone,

I have a further update to the above account:

UPDATE: 01/04/15: Letter rec'd from Rossendales Collect: "...we are concerned that since our last letter no progress has been made in agreeing payment...we are still managing account...if you are in a position to clear full amount or want to arrange an installment plan please call us...we look forward to hearing from you...".

ALSO,

rec'd a telephone call today from them - which I ignored.

I assume I do the same with the letter until I hear anything else from them, bearing in mind Barclaycard say they are unable to enforce (previous post).

Many thanks

Hiya - ok just send a quick response as follows;

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx in which you attach copy documents.

Please find attached a copy of a letter from Barclaycard confirming that they can't enforce this account so it's really in all our interests for you to cease this repeated harassment and close the account forthwith.

Yourd faithfully,


Sign Digitally

Just copy that letter from barclays and highlight the relevant quote and attach it.

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hiya - ok just send a quick response as follows;

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx in which you attach copy documents.

Please find attached a copy of a letter from Barclaycard confirming that they can't enforce this account so it's really in all our interests for you to cease this repeated harassment and close the account forthwith.

Yourd faithfully,


Sign Digitally

Just copy that letter from barclays and highlight the relevant quote and attach it.

or - ignore them. Your call mate

[nanna58]

Re: Oct Revolution's UE Diary

Awsome result xx

[IF]

Re: Oct Revolution's UE Diary

I love good news on AAD, makes my day, well done Oct Revolution

[Oct Revolution]

Re: October Revolution's UE Diary

Awesome. How did I miss this!!

Yeah great result Niddy - took some time but its all been very quiet.........

I will keep that letter from Barclaycard very safe !

regards

- - - Updated - - -

or - ignore them. Your call mate

Many thanks Niddy, now and always for the great help from AAD.

I think I will ignore for now and see what, if anything, they send next, and then take it from there. Maybe send back your suggested letter above.

Best regards,

[Oct Revolution]

Re: Oct Revolution's UE Diary

Hi everyone,

just a quick update.

Over the past three days Rossendales have been calling me - I've ignored the calls and will continue to and wait for them to contact me by letter. When they do I will send a brief note, as detailed above from Niddy, with a copy of the letter from Barclaycard saying they are unable to enforce. I will also send them a telephone harassment letter and ask them to remove my number from their systems.

[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.

Hi everyone,

I have an update to the above account:

UPDATE: 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'm blagging this one as Niddy deemed the CCA rec'd on 31/12/11 from Experto Credite to be enforceable so I will keep an eye on it.

Last full payment was October 2009; last £1 token payment was October 2010 and Default Notice issued July 2010.


Keep up the good fight people!

[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!

Hi everyone,

I have an update to the above account:

UPDATE: 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..."


Not sure what to do here? Ignore and see what they do next or send some sort of reply - your help/advice will be greatly appreciated.

One thing that does slightly worry me is that this account was with MBNA and is from 1994 but the info they sent back in response to my CCA request was deemed to be enforceable by Niddy. So, with this in mind I'm wondering what I need to do - if anything - or are they just testing the water?

many thanks in advance

[Pixie]

Re: Oct Revolution's UE Diary

I think it might be time for a new cca request to PRA group ---> http://forums.all-about-debt.co.uk/s...l=1#post495038

I know you've received CCAs in 2010 and 2012 but a new CCA request should buy you some more time towards SB. Did you make any of the £1 monthly payments?

[Oct Revolution]

Re: Oct Revolution's UE Diary

I think it might be time for a new cca request to PRA group ---> http://forums.all-about-debt.co.uk/s...l=1#post495038

I know you've received CCAs in 2010 and 2012 but a new CCA request should buy you some more time towards SB. Did you make any of the £1 monthly payments?

Hi Pixie,

My last full payment was October 2009; last £1 token payment was October 2010 and Default Notice issued July 2010. I've paid nothing since Oct 2010

[PlanB]

Re: October Revolution's UE Diary

Letter rec'd from PRA Group:.....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.....

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