Oct Revolution's UE Diary

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 5

Barclaycard Visa (Mercers/Calders)

Activity:
06/10/10 - CCA Request sent to Mercers
22/10/10 - letter rec'd from Barclaycard - "acknowledge my CCA request and will respond asap".
18/02/11 - letter rec'd from Barclaycard VISA:“As you have not complied with recent Default Notice, the outstanding balance is due in full and we demand payment immediately…balance will accrue interest….if we do not receive payment in 7 days a Debt Collector may call upon you for repayment or we may proceed with legal proceedings". I still have not received my CCA for this account.

19/02/11 - CCA received from Barclaycard Visa; It just looks like old and new T&C’s.
22/02/11 - Nid says send CCA Query "T&C's supplied" template.
22/02/11 - Above letter sent
02/03/11 - Letter from Barclaycard VISA in response to last letter sent. Briefly says: "That the agreement is enforceable; quotes the Judge Waksman QC in Carey v HSBC case; what they do and don't have to supply; not in dispute with regards OFT guidelines; believe agreement to be enforceable; will continue to pursue debt; please consider this to be our final response". NID says ignore.

26/03/11 - Letter rec’d from Calder Financial offering: “A Settlement opportunity …. Our client has agreed to accept settlement offer in payment of outstanding debt…." I will ignore for now.

30/03/11 - Letter rec’d from Calder’s: “IMPORTANT NOTICE: …we are still dealing with your account….is still overdue….we have instructed local debt collector to visit you at home to arrange payment….”. NID says send Harassment & Threat of Doorstep-Visit Template. Letter sent.

Hi Niddy,

I have an update to above acc:

28/04/11: Letter rec'd from Calder Financial:

PRE LEGAL NOTICE

"we wrote recently and have not received any reply or payment. If you fail to contact us we may take one or more of the following actions:

Visit your home to obtain payment;
Try to obtain a charge on property;
Court order to deduct debt from wages;
Seizure and sale of personal belongings

...to avoid contact us within 24 hours...failure to act on this letter will result in further action being taken...."



Which letter should I send back?

Many thanks Niddy

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hi Niddy have a quick update to above acc:

21/04/11: UPDATE:

Letter rec’d from Moorcroft:

“MONTHLY INSTALMENT OFFER

….as we have not heard from you….we feel you may not be in a position to clear acc in full….to stop our recommending to our client that solicitors commence legal proceedings we are prepared to accept £***.** per month….to take advantage contact us….failure to respond may leave us with no option but to recommend our client consider legal action against you….this may incur further costs and affect credit rating….do not ignore this letter….”



I assume I ignore this as the last letter I rec’d from Moorcroft was one stating “our client is currently unable to prove signed copy of the agreement”.


I await your reply, in due course, Niddy.


Many thanks

NEWCCA Query - Letter Previously Confirming No CCA

Hi
send this back with copy of letter you got confirming no cca

As in2Deep stated above, just photocopy your letter and send it with the template above, ie the letter where they confirm they cannot find the agreement......

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hi In 2 deep,

it did cross my mind to send that but then I thought it would be a bit strange sending a copy letter of their own letter back to them as they will have this on file - but we know what DCA's are like !

In2Deep is quite correct, I know it sounds weird but still, it's the way to go i'm afraid!

[Never-In-Doubt]

Re: October Revolution's UE Diary

you may as well they don't read the letters you send and if they do they don't understand them

Exactly - thanks as well, for the advice given!

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hi Niddy,

28/04/11: Update to above account:

Letter rec’d today from Green & Co Solicitors in reference to my RBS acc:

“….instructed by our client Triton, who are instructed by RBS in connection with outstanding liability….despite formal demand, amount remains unpaid….we are likely to be instructed to commence court proceedings….however, before we commence, you have one final opportunity to make payment within 7 days….should payment not be rec’d can only assume you will not settle this matter amicably….we are then likely to be instructed to commence court proceedings….”

I assume I need to send “threat by lender to commence litigation” letter back to Green & Co?


many thanks

Yes mate - send this asap: ---> Threat-o-Gram - Letter before Action

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hi Niddy,

I have an update to above acc:

28/04/11: Letter rec'd from Calder Financial:

PRE LEGAL NOTICE

"we wrote recently and have not received any reply or payment. If you fail to contact us we may take one or more of the following actions:

Visit your home to obtain payment;
Try to obtain a charge on property;
Court order to deduct debt from wages;
Seizure and sale of personal belongings

...to avoid contact us within 24 hours...failure to act on this letter will result in further action being taken...."

Which letter should I send back?

Many thanks Niddy

This: ---> Threat-o-Gram - Letter before Action

[Oct Revolution]

Re: October Revolution's UE Diary

many thanks for your replies/advice Niddy.

I will action the letters over the weekend

[Never-In-Doubt]

Re: October Revolution's UE Diary

many thanks for your replies/advice Niddy.

I will action the letters over the weekend

Cheers - best of luck matey

[Oct Revolution]

Re: October Revolution's UE Diary

Hi Niddy and hi fellow UE diarists,

It’s now been 7 months since I began my UE journey/diary and would just like to summarise where I stand with my 11 accounts (more for myself to keep a track, but also for anyone following this diary or contemplating going down the UE route). To be honest, with the great advice from Nid and others on this site, the journey has not been half as bad as I thought it would be.

Yes I’ve had some calls but ignored them and programmed my phone memory with “Don’t Answer” when it recognises the OC/DCA numbers. If any do get through I just say “not at home” and add the number to the list.

And yes I’ve had the letters but Nid always advises what to send back to them and keep them at bay. It’s just a great big paper chase! At the moment I may be one of the lucky ones as no creditor has issued court papers but plenty of empty “we may” threats.

So here is a quick resume of my 11 accounts:


ACCOUNT 1:
First Direct (Metropolitan Collection Services). 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 documentation.” 06/05/11 No further contact/correspondence received.

ACCOUNT 2:
Citibank (Collect Direct UK) Now with Opus.6/10/10 - CCA Request sent; after a bit of a two’ing and fro’ing finally rec’d CCA on 01/03/11 - Nid says send CCA Query T&C's supplied. Letter sent. 06/05/11 No further contact/correspondence received.

ACCOUNT 3:
Tesco Personal Finance. 06/10/10 - CCA Request sent;
05/11/10 - CCA rec'd; - NID says: UE "T&C's rec'd" letter sent. After a bit of a two’ing and fro’ing letter rec’d on 30/03/11 from Green & Co Solicitors: “….we may take legal action….” NID says send "Threat o gram - before action". Letter sent. 06/05/11 No further contact/correspondence received.

ACCOUNT 4:
MBNA (Experto Credite). 6/10/10 - CCA Request sent; Cheque cashed; 06/05/11 No further contact/correspondence received.

ACCOUNT 5:
Barclaycard Visa (Mercers/Calders). 06/10/10 - CCA Request sent;
19/02/11 - CCA received: Nid says send CCA Query "T&C's supplied" template; after a bit of a two’ing and fro’ing letter rec’d on 28/04/11 from Calder Financial: "PRE LEGAL NOTICE - we may take action” NID says send Threat o Gram before action. 06/05/11 No further contact/correspondence received.

ACCOUNT 6:
Barclaycard Mastercard (Mercers/Calders). 06/10/10 - CCA Request sent; 22/02/11 - CCA received: Nid says send CCA Query "T&C's supplied" template. After a bit of a two’ing and fro’ing letter rec’d on 31/03/11 from Moorcroft: “We refer to previous correspondence and confirm at this time our client is currently unable to prove a signed copy of the agreement relating to this account....there remains an obligation to honour original agreement….balance of account remains due.... credit file will reflect this….account is on hold ….please call to arrange a discounted agreement….” I will keep this letter very safe ; 21/04/11 - Letter from Moorcroft: "MONTHLY INSTALMENT OFFER” NID says send CCA Query - Letter previously confirming no CCA. Letter sent. 06/05/11 No further contact/correspondence received.

ACCOUNT 7:
Cahoot/Santander. 06/10/10 - CCA Request sent; 06/11/10 - CCA rec'd: NID says :UE "T&C's rec'd" letter sent; after a bit of a two’ing and fro’ing letter rec’d on 04/12/10 from Santander "it is our belief that we have fully complied with CCA and copy of Terms and Conditions support this and the agreement is fully enforceable." Niddy says ignore. 06/05/11 No further contact/correspondence received.

ACCOUNT 8:
Royal Bank of Scotland. 06/10/10 - CCA Request sent;
01/11/10 - CCA rec'd; Niddy says: UE "Application form" rec'd - Letter sent; After a bit of a two’ing and fro’ing letter rec’d on 28/04/11 from Green & Co Solicitors: “….we may take legal action….” NID says send "Threat o gram - before action". Letter sent. 06/05/11 No further contact/correspondence received.

ACCOUNT 9:
Egg. 06/10/10 - CCA Request sent; 22/10/10 - CCA rec'd; Nid says "T&C's rec'd" Letter sent; 25/01/11 - Letter rec'd from Clarity "...been instructed by EGG....If we do not hear from you will consider options available to us…..”Nid says to send "Threat o Gram before action" letter. 18/02/11 - letter from Clarity: “thank you for your recent letter…..we have requested further info from EGG. 06/05/11 No further contact/correspondence received.

ACCOUNT 10:
MBNA (formerly A&L) (Experto Credite). 6/10/10 - CCA Request sent; Cheque cashed; 06/05/11 No further contact/correspondence received.

ACCOUNT 11:
MBNA (formerly B of S) (Experto Credite). 6/10/10 - CCA Request sent; Cheque cashed; 06/05/11 No further contact/correspondence received.

For full info on all accounts check out page one of my diary.

So as you can see some accounts I’ve heard nothing from; some very little contact from and one UE, and none have been paid anything since October 2010.

I’d just like to take this moment to thank Niddy and others on here for their great help/advice and support, and anyone contemplating going down the UE route I’d say “go for it”.

Thanks




PS - Sorry for the "War and Peace"

[Never-In-Doubt]

Re: October Revolution's UE Diary

nice post, thanks for this mate - bet it took ages to do that!

[Oct Revolution]

Re: October Revolution's UE Diary

Hi Nid,

no probs - it took about half an hour to edit it all and make it concise. It helps me and hopefully may help others who view this site.

Thanks for your red highlighting.

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 5

Barclaycard Visa (Mercers/Calders)

Activity:
06/10/10 - CCA Request sent to Mercers
22/10/10 - letter rec'd from Barclaycard - "acknowledge my CCA request and will respond asap".
18/02/11 - letter rec'd from Barclaycard VISA:“As you have not complied with recent Default Notice, the outstanding balance is due in full and we demand payment immediately…balance will accrue interest….if we do not receive payment in 7 days a Debt Collector may call upon you for repayment or we may proceed with legal proceedings". I still have not received my CCA for this account.

19/02/11 - CCA received from Barclaycard Visa; It just looks like old and new T&C’s.
22/02/11 - Nid says send CCA Query "T&C's supplied" template.
22/02/11 - Above letter sent
02/03/11 - Letter from Barclaycard VISA in response to last letter sent. Briefly says: "That the agreement is enforceable; quotes the Judge Waksman QC in Carey v HSBC case; what they do and don't have to supply; not in dispute with regards OFT guidelines; believe agreement to be enforceable; will continue to pursue debt; please consider this to be our final response". NID says ignore.

26/03/11 - Letter rec’d from Calder Financial offering: “A Settlement opportunity …. Our client has agreed to accept settlement offer in payment of outstanding debt…." I will ignore for now.

30/03/11 - Letter rec’d from Calder’s: “IMPORTANT NOTICE: …we are still dealing with your account….is still overdue….we have instructed local debt collector to visit you at home to arrange payment….”. NID says send Harassment & Threat of Doorstep-Visit Template. Letter sent.

28/04/11 - Letter rec'd from Calder Financial: "PRE LEGAL NOTICE - we have not received any reply or payment. If you fail to contact us we may take one or more of the following actions: Visit your home to obtain payment; Try to obtain a charge on property; Court order to deduct debt from wages; Seizure and sale of personal belongings" NID says send Threat o Gram before action. Letter sent.

Hi Niddy,

I have an update to above acc:

UPDATE 07/05/11:

letter rec'd from Barclaycard Visa ref my last letter to Calders on 30/03/11:


“can not uphold my complaint….as I have not met min monthly payments my acc has reached formal recovery stages….this may include telephone calls, letters or doorstep visit….do not agree doorstep visit will breach any laws or regulations….Calder Financial will use all available means to contact you….unable to agree to your request for further communication to be in writing only….”


Is there anything I need to do or just ignore.


Cheers

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 5

Barclaycard Visa (Mercers/Calders)

Activity:
06/10/10 - CCA Request sent to Mercers
22/10/10 - letter rec'd from Barclaycard - "acknowledge my CCA request and will respond asap".
18/02/11 - letter rec'd from Barclaycard VISA:“As you have not complied with recent Default Notice, the outstanding balance is due in full and we demand payment immediately…balance will accrue interest….if we do not receive payment in 7 days a Debt Collector may call upon you for repayment or we may proceed with legal proceedings". I still have not received my CCA for this account.

19/02/11 - CCA received from Barclaycard Visa; It just looks like old and new T&C’s.
22/02/11 - Nid says send CCA Query "T&C's supplied" template.
22/02/11 - Above letter sent
02/03/11 - Letter from Barclaycard VISA in response to last letter sent. Briefly says: "That the agreement is enforceable; quotes the Judge Waksman QC in Carey v HSBC case; what they do and don't have to supply; not in dispute with regards OFT guidelines; believe agreement to be enforceable; will continue to pursue debt; please consider this to be our final response". NID says ignore.

26/03/11 - Letter rec’d from Calder Financial offering: “A Settlement opportunity …. Our client has agreed to accept settlement offer in payment of outstanding debt…." I will ignore for now.

30/03/11 - Letter rec’d from Calder’s: “IMPORTANT NOTICE: …we are still dealing with your account….is still overdue….we have instructed local debt collector to visit you at home to arrange payment….”. NID says send Harassment & Threat of Doorstep-Visit Template. Letter sent.

28/04/11 - Letter rec'd from Calder Financial: "PRE LEGAL NOTICE - we have not received any reply or payment. If you fail to contact us we may take one or more of the following actions: Visit your home to obtain payment; Try to obtain a charge on property; Court order to deduct debt from wages; Seizure and sale of personal belongings" NID says send Threat o Gram before action. Letter sent.

Hi Niddy,

I have an update to this account:


UPDATE: 09/05/11

Letter rec’d from Barclaycard Visa (again) in response to my letter to Calders on 28/04/11:

“….see from our records we sent Final Response on 02/03/11 which stated bank’s position….understand you believe Calder to be continually harassing you….you would like acc returned to OC and you are of the opinion the acc is unenforceable under S127 (3) CCA….we have right to instruct 3rd party to act for us and will continue to contact you by phone, letter or personal visit….docs we have supplied are in accordance with CCA….we do not consider to be in dispute and balance is due….we must inform you we are OC and no assignment of credit has taken place….as previously stated we believe your CCA to be properly executed and fully compliant with the act….allegations it is not will be opposed….your ref to S127 (3) of the Act are therefore irrelevant….we have nothing further to add….your agreement is enforceable….”

Is there anything I need to send back?

thanks in anticipation

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 6

Barclaycard Mastercard (Mercers/Calders)

Activity:
06/10/10 - CCA Request sent to Mercers
22/10/10 - letter rec'd from Barclaycard - "acknowledge my CCA request and will respond asap".
18/02/11 - letter rec'd from Barclaycard MASTERCARD: “As you have not complied with recent Default Notice, the outstanding balance is due in full and we demand payment immediately…balance will accrue interest….if we do not receive payment in 7 days a Debt Collector may call upon you for repayment or we may proceed with legal proceedings". I still have not received my CCA for this account.

22/02/11 - CCA received from Barclaycard Mastercard; It just looks like old and new T&C’s.
22/02/11 - Nid says send CCA Query "T&C's supllied" template.
22/02/11 - Above letter sent
04/0311 - Letter from B/card MASTERCARD in response to last letter sent. Briefly says: "That the agreement is enforceable; quotes the Judge Waksman QC in Carey v HSBC case; what they do and don't have to supply; not in dispute with regards OFT guidelines; believe agreement to be enforceable; will continue to pursue debt; please consider this to be our final response". NID says Ignore.

04/03/11 - BUT also rec'd a letter from Moorcroft Debt Recovery Limited saying: "act as agents for B/Card MASTERCARD.... you've not complied with Formal Demand....balance is due....interest will be charged at 1% per month....may affect credit file....if not paid in 7 days a Debt Collector may call upon you or County Court proceedings may be issued .....". NID says send "Debtors Final Response - CCA Received".

08/03/11 - Above letter sent.
21/03/11 - Letter rec'd from Moorcroft (dated 10/3/11) as follows: “IMPORTANT INFORMATION – POSSIBLE LITIGATION….to prevent send payment in 7 days….if not we have no alternative but to recommend to our client that solicitors issue legal action against you….may incur further costs…contact us as we nor our client want court proceedings….”. Will ignore as crossed with my last letter of 8/3/11

31/03/11 - Letter rec’d from Moorcroft: “We refer to previous correspondence and confirm at this time our client is currently unable to prove a signed copy of the agreement relating to this account....there remains an obligation to honour original agreement….balance of account remains due.... credit file will reflect this….account is on hold ….please call to arrange a discounted agreement….” I will keep this letter very safe

21/04/11 - Letter rec’d from Moorcroft: "MONTHLY INSTALMENT OFFER: ….to stop our recommending to our client that solicitors commence legal proceedings we are prepared to accept £***.** per month….". NID says send CCA Query - Letter previously confirming no CCA. Letter sent.

I also have an update to this account:

UPDATE: 09/05/11

Letter rec’d from Midas Credit Services:

“LITIGATION WARNING ….We are part of Moorcroft Group and are aware you have failed to reach a repayment plan….we are reviewing acc prior to any possible legal action by external solicitors….to prevent contact us….failure to do so within 7 days may mean that a decision to proceed with legal action will be made….”


The last letter I sent back to Moorcroft was “CCA query – letter previously confirming no CCA” with copy of letter on 21/04/11, but is still showing as not delivered on PO Track and Trace.


Do I need to respond with anything?




Again, many thanks

[Never-In-Doubt]

Re: October Revolution's UE Diary

Hi Niddy,

I have an update to above acc:

UPDATE 07/05/11:

letter rec'd from Barclaycard Visa ref my last letter to Calders on 30/03/11:


“can not uphold my complaint….as I have not met min monthly payments my acc has reached formal recovery stages….this may include telephone calls, letters or doorstep visit….do not agree doorstep visit will breach any laws or regulations….Calder Financial will use all available means to contact you….unable to agree to your request for further communication to be in writing only….”


Is there anything I need to do or just ignore.


Cheers

Just ignore matey