benadabec UE Diary

[Deepie]

Re: benadabec UE Diary

Lewis Group back with a letter as of yesterday, saying account still not settled or arrangements to pay not made. If I fail to pay by 17th Nov, their 'instructions are to continue with further recovery action against you. Please deal with this matter immediately'.

So no reference to the CCA missing prescribed terms letter I sent them last week. This hasn't escalated to pre-action notice yet but what to do now with these aholes?

Just ignore for now..........

[benadabec]

Re: benadabec UE Diary

Thanks in 2 deep. Is that even if it's an overdraft, just see what they do next?

[Deepie]

Re: benadabec UE Diary

Thanks in 2 deep. Is that even if it's an overdraft, just see what they do next?

Yes just see what they do next...

[benadabec]

Re: benadabec UE Diary

Out of nowhere Robinson Way have written to me regarding ye olde Marbles account. I have a letter from Marbles back in 2010 saying they cannot find paperwork.

RW sent a Formal Demand for Payment, warning me if I didn't pay they may advise their client to start court proceedings. No messing about there then!
Shall I leave them to get themselves in a flap, or send off the Letter Confirming No CCA along with Telephone Harassment?

[Pixie]

Re: benadabec UE Diary

Just send the letter confirming no cca. If they start ringing then send the telephone harassment letter.

[benadabec]

Re: benadabec UE Diary

Lewis Group (re. overdraft) have come back with their third letter - a Final Demand. It says 'to stop further action you must pay the debt in full by 27th November. Failure to pay may result in:
• we will consider taking further action
• a debt collector may be instructed to visit your home to discuss circumstances and arrangements"

I presume this is an ignore also?

[Never-In-Doubt]

Re: benadabec UE Diary

Lewis Group (re. overdraft) have come back with their third letter - a Final Demand. It says 'to stop further action you must pay the debt in full by 27th November. Failure to pay may result in:
• we will consider taking further action
• a debt collector may be instructed to visit your home to discuss circumstances and arrangements"

I presume this is an ignore also?

well it's now 1st December, anything happen? Anything to offer in respect of an update?

[benadabec]

Re: benadabec UE Diary

Sorry for the delay in responding. Had car trouble (twice), followed by boiler problems. Brilliant

Lewis Group followed the last letter with something a little less threatening. It said:
"we are disappointed you didn't contact us regarding payment (oh I'm sorry about that). You can still call us to set up a suitable repayment plan. We are now passing the account to one of our field agents who will come round to discuss financial options with you"

No mention of any dates or deadlines, so I've filed away and await their next letter.

[garlok]

Re: benadabec UE Diary

Hi benadabec,

I would send them this:-

> Account Sold whilst in Dispute

> Harassment & Threat of Doorstep-Visit



You to ensure that the implied license under law to visit your property is formally revoked. That puts you back in the driving seat if they have the nerve to send anyone. I understand from the thread that this UE.

regards
Garlok

[benadabec]

Re: benadabec UE Diary

Hi Garlok

No, unfortunately this is my old bank overdraft and the only one that is enforceable, being CCA exempt and all that. I imagine a Doorstep Threat letter would be ignored just like the Missing Prescribed Terms letter I sent last month.

I know I'll eventually have to haggle what I pay back with this, but at the moment it's a delay game.

[benadabec]

Re: benadabec UE Diary

After many months (March this year) since my last communication with Halifax (via Westcot) today Halifax have written saying that "Bank of Scotland has assigned everything over to 1st Credit. They are now the Data Controller of all records of this account and will manage the account from now on".

As a recap, Halifax couldn't find any paperwork for this account. I've fended off Robinson Way, Westcot and CapQuest regarding the account and they've all passed the files back to Halifax.

I'm sure I send the Account Sold While In Dispute letter to 1st Credit, but if the account has been fully assigned to them from Halifax, do they then sell it on to another DCA when they don't get a sausage from me?

[Deepie]

Re: benadabec UE Diary

After many months (March this year) since my last communication with Halifax (via Westcot) today Halifax have written saying that "Bank of Scotland has assigned everything over to 1st Credit. They are now the Data Controller of all records of this account and will manage the account from now on".

As a recap, Halifax couldn't find any paperwork for this account. I've fended off Robinson Way, Westcot and CapQuest regarding the account and they've all passed the files back to Halifax.

I'm sure I send the Account Sold While In Dispute letter to 1st Credit, but if the account has been fully assigned to them from Halifax, do they then sell it on to another DCA when they don't get a sausage from me?

Just wait untill you here from 1st Credit....then send Account sold letter....

[garlok]

Re: benadabec UE Diary

Hi Garlok

No, unfortunately this is my old bank overdraft and the only one that is enforceable, being CCA exempt and all that. I imagine a Doorstep Threat letter would be ignored just like the Missing Prescribed Terms letter I sent last month.

I know I'll eventually have to haggle what I pay back with this, but at the moment it's a delay game.

Hi B,

You need to have a real look in depth at this problem. Like you, I was under the impression that ODs were totally exempt from the provisions of the Act under s74. however both Niddy and CleverClogs put me right in that and I quote " they cannot just walk all over you" and if you look at CCs links you will see that s74 was extensively modified and certainly a lot of ODs were brought under the umbrella.

Might just be worth a look into but I would suppose it will be date dependant.

regards
Garlok

[mauijim]

Re: benadabec UE Diary

I had a problem with a Nat Pest OD and Paul advised me to look at the Banking Code. Basically he was saying they should always treat you correctly. It did help me because I wrote to them pointing out their failings and suddenly they toned it down and came back to the negotiating table.

It may help you?

MJ

[garlok]

Re: benadabec UE Diary

Hi B,

Have a look at this thread:-

>Annual Statements of Account? - allaboutFORUMS

Read on from my post #15 and you will see where the guys put me right on overdrafts and the links to read up on.

regards
Garlok