Oct Revolution's UE Diary

[Never-In-Doubt]

Re: October Revolution's UE Diary

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

Yea send them this, idiots!

---> Enough is Enough Template

[Never-In-Doubt]

Re: October Revolution's UE Diary

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

Send a copy of the letter(s) again, this time to Midas! Send it special delivery to ensure safe delivery!

[Oct Revolution]

Re: October Revolution's UE Diary

Thanks Niddy,

will get letters sorted.

[Never-In-Doubt]

Re: October Revolution's UE Diary

Thanks Niddy,

will get letters sorted.

cheers - best of luck matey

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 7

Cahoot/Santander

Activity:
06/10/10 - CCA Request sent
06/11/10 - CCA rec'd (e-mailed to NID for advice)
09/11/10 - NID says :UE "T&C's rec'd" letter sent
15/11/10 - Letter rec'd from Santander in response to last - "are looking into my complaint and I should hear from them shortly"

26/11/10 - Another letter from Santander similar to last but also stating "if account complained about still has an oustanding balance CCA remains in force and payments should continue; that missed payments will be shared with CRA; remain on file for 6 years - may affect credit status"

04/12/10 - Letter rec'd 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.

13/04/11 - Letter rec'd from Santander: "....understand you are still experiencing financial difficulty and would ask you to continue to make payments through your appointed 3rd party adviser as agreed....as advised we are informing you of our intention to submit default information to CRA....default will remaim on file for 6 years....". NID says ignore last.

Hi Niddy,

well I must have jinxed myself when I did my 7 month/11 account update on Friday as I have now had 4 letter from various creditors.

The latest is from Santander as detailed:

UPDATE: 10/05/11

Letter rec’d from Santander:


“….our records show proposed payments have not been made for some months….important you contact us to advise current financial situation/establishing why payments are not being made….failure will result in us resuming collection and recovery on your acc….”




Is there anything i need to send back, or do I just ignore.




Many thanks

[Never-In-Doubt]

Re: October Revolution's UE Diary

Letter rec’d from Santander:

“….our records show proposed payments have not been made for some months….important you contact us to advise current financial situation/establishing why payments are not being made….failure will result in us resuming collection and recovery on your acc….”

Is there anything i need to send back, or do I just ignore. Many thanks

Ignore it matey

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 7

Cahoot/Santander

Activity:
06/10/10 - CCA Request sent
06/11/10 - CCA rec'd (e-mailed to NID for advice)
09/11/10 - NID says :UE "T&C's rec'd" letter sent
15/11/10 - Letter rec'd from Santander in response to last - "are looking into my complaint and I should hear from them shortly"

26/11/10 - Another letter from Santander similar to last but also stating "if account complained about still has an oustanding balance CCA remains in force and payments should continue; that missed payments will be shared with CRA; remain on file for 6 years - may affect credit status"

04/12/10 - Letter rec'd 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.

13/04/11 - Letter rec'd from Santander: "....understand you are still experiencing financial difficulty and would ask you to continue to make payments through your appointed 3rd party adviser as agreed....as advised we are informing you of our intention to submit default information to CRA....default will remaim on file for 6 years....". NID says ignore last.

10/05/11 - Letter rec’d from Santander: “….our records show proposed payments have not been made for some months….important you contact us to advise current financial situation/establishing why payments are not being made….failure will result in us resuming collection and recovery on your acc….”. NID says ignore

Hi Niddy,

I have another update to the above acc. (no action required though)

UPDATE: 11/05/11:

Today I have received my Default Notice for this acc. and states "to remedy this Default pay arrears in 14 days" which I have no money to do, so will just be filing with the rest of my Santander letters.



This is now my final default notice for ALL my 11 accounts.

Am I correct in thinking the 6 year countdown begins from the date of this default not the date of the last payment I made to the account (which was last October)?, and for the other accounts - who defaulted me quite early - it's from the date of my last payment (again last October)?

many thanks Niddy

[Never-In-Doubt]

Re: October Revolution's UE Diary

This is now my final default notice for ALL my 11 accounts.

Am I correct in thinking the 6 year countdown begins from the date of this default not the date of the last payment I made to the account (which was last October)?, and for the other accounts - who defaulted me quite early - it's from the date of my last payment (again last October)?

many thanks Niddy

A default lasts for 6yrs from the actual default date shown on the notice and/or your credit file. So easiest way to describe it if you were defaulted in May 2011, it'll remain until June 2017 afterwhich it'll just drop off, whether paid or not.

Forget last payment, this affects statute barred - the default always counts from the date they defaulted you which cannot be sooner than 30 days late of payment nor later than 6 months of last payment (so they have a 6 month window from first missed payment in which to default you).

[Oct Revolution]

Re: October Revolution's UE Diary

Thanks for the info Niddy

[Never-In-Doubt]

Re: October Revolution's UE Diary

Have a read here mate, i'm getting hit with 5001 questions lol, you'll learn a lot in there: ---> Credit Reference Agencies

[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.

07/05/11: - letter from Barclaycard Visa ref my last letter to Calders on 30/03/11: “can not uphold my complaint….do not agree doorstep visit will breach any laws or regulations….Calder will use all available means to contact you…." NID says ignore.

09/05/11 - Letter from Barclaycard Visa (again) in response to my letter to Calders on 28/04/11: “….see from our records we have sent Final Response….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….do not consider to be in dispute….allegations it is not will be opposed….your agreement is enforceable….”. NID says send "Enough is Enough" template. Letter sent.

hi Nid,

I have an update to above acc:

UPDATE: 13/05/11

letter from Calder:

“Final opportunity to Settle Your Debt….our client has agreed by way of concession to accept settlement offer….contact us….if you fail to call within 7 days offer will be withdrawn….acc returned to Barclaycard….could be sold or placed with another DCA….”





As this has crossed with my last letter of 09/05/11 I will ignore for now and see what happens next. Unless you think I should be doing anything else Nid.


Many thanks.

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 8

Royal Bank of Scotland

Activity:
06/10/10 - CCA Request sent
01/11/10 - CCA rec'd
02/11/10 - Niddy says:UE "Application form" rec'd - Letter sent.
18/12/10 - Letter rec'd from RBS “….disappointed you have failed to comply with our agreement; unless an immediate payment is made to your account & regular payments thereafter we have no alternative but to place account in hands of external DCA without prior warning”

22/12/10 - Niddy says ignore last until I hear from DCA
04/01/11 - Receiving calls daily from RBS, but I don't answer.
07/01/11 - Letter rec'd from RBS (dated 21/12/10) “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.

29/01/11 - Letter rec'd from TRITON "RBS 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......"

02/02/11 - Niddy says send "CCA query - application form rec'd" template to Triton.
03/02/11 - Above letter sent.
19/02/11 - Letter from RBS in response to my “Application form received” letter I sent to Triton: "CCA is a true copy....do not consider the account to be in dispute....will be pursuing for full payment....see no reason to enter into further correspondence with the alleged CCA breaches." NID says ignore.

02/04/11 - 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” NID says send "Threat of Legal Action & Refusal of Doorstep Visit

05/04/11 - letter sent.

14/04/11 - Letter rec'd from RBS is in response to my letter of 05/04/11: “ 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 ignore as their final response.

28/04/11 - Letter rec’d from Green & Co Solicitors: “….instructed by our client Triton/RBS….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

Hi Niddy,

I also have an update to above acc:

UPDATE: 13/05/11

Letter from Triton in response to my “threat o gram before action” sent to Green & Co:

“….write with ref to recent correspondence ….our records show RBS complied with your CCA request with all relevant docs….further to this RBS 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….”






I had the same letter for my Tesco acc. for which you said to ignore. I assume I do the same with this one?


thanks again Niddy

[Never-In-Doubt]

Re: October Revolution's UE Diary

UPDATE: 13/05/11

letter from Calder:

“Final opportunity to Settle Your Debt….our client has agreed by way of concession to accept settlement offer….contact us….if you fail to call within 7 days offer will be withdrawn….acc returned to Barclaycard….could be sold or placed with another DCA….”

As this has crossed with my last letter of 09/05/11 I will ignore for now and see what happens next. Unless you think I should be doing anything else Nid.

Many thanks.

Just leave it, it's crossed

[Never-In-Doubt]

Re: October Revolution's UE Diary

Triton - send this matey:---> Enough is Enough Template

[Oct Revolution]

Re: October Revolution's UE Diary

Ok Niddy,

thanks for the speedy replies.



Have a great weekend.