Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

The Missing Prescribed terms should be sent in addition to the harassment letter for the purpose of blagging it. Even if it's enforceable it should buy you some time and some people here have been blagging enforceable debts for years.

Flower,

They sent a CCA for my CC which is with Cabot as sold to them from YB which I sent to Niddy, he said was UE as it stands right now?, sent the PT letter as directed, they wrote back saying they will get back in touch with YB to see if they could get a better CCA, they couldn't so they said that the CCA I received in February is the one they are going off.

Cabot and I have no agreement, I am just paying £1pm as I have been all the way through when I was with the YB on a repayment plan until they sold me out to Cabot who then (as you know) issued litigation for the O/D. I had to settle with the solicitors, etc.

Now they say its my CC is EN and they want full payment due to me missing payment and litigation in 7 days! They just want an excuse to go to court. They didn't warn me last time but issued papers anyway... I can not afford to go to litigation. I have to much to loose.

[MrsD]

Re: Flossy UE Diary & YB Hassle

Flossy

Are you paying a pound per month to Cabot for this debt?

it would make them look bad if you were paying and they still took you to court can you prove your payments? ie bank accounts?

I don't believe they can write about one debt and include a threat about all debts they hold for you, do they own all of the debts or are some still owned by the OC and Cabot working on behalf of someone else?

Could you send the letter to Niddy so that we know exactly where we are with this one?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi Elsa and MrsD

Thank you for replying

Its is from Cabot but, as I said in the other part of my thread they dont normally give notice as I have been issued court documents the last time with them over my YB O/D that was bought by these idiots.

This time they have sent me 2 letters and today was to pay the whole amount or litigation in 7 days. That to me is my warning due to last time when they did it.
x

[Flossy]

Re: Flossy UE Diary & YB Hassle

What did Niddy say about this when he checked this CCA? Did he say it was UE? He may have replied to you in the secure section if you uploaded the CCA. Did he say to send the missing prescribed terms letter? Did you send it?

He said the CCA was UE as it stands right now! Its on all of my updates and the beginning of my diary. It has not been replied to and the CCA has been sent.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Flossy, if i am right now,niddy says this is ue but you are paying £1 per month to keep them happy. Then your standing order got mixed up due to the computer crash at natwest. Have you got a printout showing the payment was made that you could send to them. I would have thought a letter saying that you can prove the arrangement was kept to and any litigation would be defended might shut them up. That is what i would try. If i am wrong i trust someone will give me a smack.

Hi Jon x

I haven't got a payment plan with them! Yes, the £1pm is to just shut them up but, they want to get me to court, but if it is UE I shouldn't even be paying, I am due to the CCA being 'UE as it stands right now' as Niddy said. I need to know if its 100% UE.

These people have their own solicitors and the last time they didn't give me warning of litigation but issued court papers and now this is my 2nd letter as per my thread that they have now said they will start litigation in 7 days if no reply of repayment of ALL the alleged debt!

I know this company due to my last YB crap with them and they just start court proceeding normally without notice... at least they have given it this time!

[jon1965]

Re: Flossy UE Diary & YB Hassle

Flossy, if i am right now,niddy says this is ue but you are paying £1 per month to keep them happy. Then your standing order got mixed up due to the computer crash at natwest. Have you got a printout showing the payment was made that you could send to them. I would have thought a letter saying that you can prove the arrangement was kept to and any litigation would be defended might shut them up. That is what i would try. If i am wrong i trust someone will give me a smack.

[Undercover Elsa]

Re: Flossy UE Diary & YB Hassle

LOL posts crossed MrsD while I read back on the thread

[Undercover Elsa]

Re: Flossy UE Diary & YB Hassle

Hi Flossy. Is it a formal letter before action? What does it say?

Elsa x

[MrsD]

Re: Flossy UE Diary & YB Hassle

what exactly does the letter say Flossy and who is it from, is it a solicitor?

[Flossy]

Re: Flossy UE Diary & YB Hassle

I do not know what action I should take next with this one as I am walking on eggshells with CABOT... ??

UPDATE

1st August 2012

LITIGATION LETTER Please help???

[Flossy]

Re: Flossy UE Diary & YB Hassle

I have now got 3 debts that are


HALIFAX £10,430 - Sent PT letter anyway, wait reply/ New letter received 20 July 2012 - threatening home visit before court action & that the debt is EN!

MINT £14,920 - Need to do Financial Hardship Letter, etc?

MBNA 1 £5,497 - Sent PT anyway, wait reply / New letter received from Arden on behalf of Britannica SARL Recoveries - MOORTLAKE - 20 July 2012 - CCA is EN in a court of law and will continue to request payment towards the outstanding balance.

I have had one company that was UE send a statement of £0.00. I have not had any of the others give in yet! They are fighting like mad and trying to confuse me with letter full of law that I do not understand!

My main concern at the moment is the 3 listed and CABOT (YB CC).. They are threatening court action and I do not want that nor do I want to keep paying and walking on eggshells with these idiots...

[Flossy]

Re: Flossy UE Diary & YB Hassle

MINT

- Passed to Shoosmiths Solicitors

- Asked for CCA 4 times since January 2012, finally received in June 2012 , Mint has said its with the Financial Hardship Department

- Haven't Sent Financial Hardship letter after going through my paperwork! Not 100% sure what I am doing with this!?

I will look through some of the forum to find out more about this and maybe ask POP or someone that has been through this as to the best way to go about it? If anyone has done this can you please give help me to make sure I have the right things in a letter?

[Flossy]

Re: Flossy UE Diary & YB Hassle

EGG/Barclaycard

- No PT sent, passed to Credit Solutions then, Power2Contact. They threatened doorstep collection, Harassment letter sent. Credit Solutions threatening litigation.

14 July 2012 - Threat by Creditor - Commence Litigation letter sent.

19 July 2012 - received a letter from Credit Solutions with regard to my letter dated 11 July 2012 (above).

They go to say that they take disputes very seriously and they are unaware of any dispute with their client.

In order for us to raise your dispute with our client we require more information regarding your request.

We need to clarify the following:-

- Whether you have or have NOT received any documentation from the client since your request was sent.

- Whether you have paid the statutory fee of £1.00 (your request would not have been processed if this fee was not paid)

Its goes on to say that if I have received the CCA then please note that this fulfils our clients obligation to provide you with copy of agreements/applications under the CCA 1974.

They refute any allegations of harassment or bulling tactics when communicating with you.

They want a reply from me by 1 August as to the documentation from their client.

- What letter can I send next to them please?

[Flossy]

Re: Flossy UE Diary & YB Hassle

CAPITAL ONE -

CCA sent and the Boss said it was

January 2012 - Capital One letter:

received back saying that they have already previously provided me with a CCA (had 2 off them).. and that I have failed to state why I allege that they Agreement is improperly executed pursuant to Section 61(1) of the Consumer Credit Act 1974 ('the Act'). The Agreement was properly executed pursuant to Section 61(1) of the CCA 1974 ('the ACT') in that the Agreement is:
(a) in the prescribed form and contains all the prescribed terms, conforms to the regulations under section 60(1) of the Act and has been signed in the prescribed manner by the Claimant and Defendant;
(b) embodies all the terms of the agreement, other than implied terms; and
(c) when presented to the debtor was in such a state that all its terms were readily legible.

Its ends with the CCA is EN and they will not enter into further correspondence with me regarding the provision of copy agreements. Your agreement is EN and we will continue to treat it as such and the money is due in full.

19 June 2012 - CapQuest - my account has been put on hold until 2 July while they investigate this matter of CCA.

30 June 2012 - Letter from CapQuest: - We can confirm we forwarded your previous correspondence to our client and their response is as follows:- It appears the customer requested these documents (CCA) on 13 May 2012. Please advise if she still wishes to request these again..


7 July 2012 - Letter from Capital One -

We do not agree that this debt is in dispute, Regulations about credit card disputes are designed to protect customers if they have disputed transactions, such as fraudulent purchases. There are no such transactions on your account. I'm afraid an account is not put in dispute simply by claiming there is an ongoing disagreement.

Its goes on .... basically their agreements are drafted by professionals and are saying the debt is EN and they wont enter into further correspondence and that EN would be better considered by a court.

They wanted to know why I was disputing the EN of this debt? They completely disagree that this is UE!

Is there a reply for this? Not sure what to write as they go into all about the EN debt details of the law, etc....

Even though this debt is UE I am still getting fobbed off by Capital one with letters detailing the law of every letter I have sent! Any ideas as to the next step please?

[Flossy]

Re: Flossy UE Diary & YB Hassle

YORKSHIRE BANK CREDIT CARD / SOLD TO CABOT - Boss said it was after saying CCA was a bit all over the place. I am still paying £1pm Cabot. Will see what letters come back and deal with this at that time.

NIDDY - Agreed, see what comes back but as you're paying £1p/m stick to it for the time being, pointless upsetting them.

16 July 2012 - Letter received from Cabot - Your repayments plan has failed - you must contact us urgently.
Your agreed repayment plan has failed as the payment due on the 02/07/2012 has been missed. Failure to contact us to discuss resolution of this debt will result in this account being escalated to our Pre-Litigation Department to consider the most suitable action.

I have paid by SO every month to keep them off my back as we said. The Natwest had issues as we know and I know my payment of £1 went out of my account as it does every month on the 2/7/12 even though I DO NOT have an agreement with them...

Need to know what I can now do? Should I write to them? I do NOT want Court Action with these again!

Is there a way that we can get rid of these with the debt being UE? I do not understand the En or UE of this debt.

I do not know what action I should take next with this one as I am walking on eggshells with CABOT... ??