Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

That's standard DCA response, doesn't really mean anything other than they want your cash. If they don't want to correspond with you, it's their loss! If Cabot bought the debt from YB and you've been paying them all this time rather than YB then just carry on paying Cabot as usual.Uhmmmm, I don't think you can do that, would be lovely if you could but UE merely means they can't obtain judgment against you (provided you challenge and/or defend properly, of course). It doesn't mean you get the money you've paid them already as the debt still exists and *in theory* is still payable.

Im being cautious with Cabot.

I was told to pay YB and Cabot both debts of O/D and CC £1pm each = £4pm. YB was rejecting one of the accounts (when I was with them in a written agreement) so I ended up paying about £2-£3 on the O/D pm. Now the court case is over for the O/D I have stopped paying YB anything ... But, the point was being made that I had a written agreement with YB and therefore if taken to court I would be able to say I stuck to my side of the agreement, etc... There was logic in it all...

I am claiming it back from the YB which is why I am using Gilly to help as it wasnt their money....

[Flossy]

Re: Flossy UE Diary & YB Hassle

I don't know if this is any help to you as your situation looks quite complicated, but they come out with this bollocks no matter what the circumstances are.

They said exactly the same thing to me in 2008, even though the “agreement” was just a short application form with not a prescribed term in sight. They like to con people by claiming that some obscure section of the CCA 1974 says that a document “embodies a provision” if there is a mention of it anywhere on the page, therefore any appo form which mentions terms and conditions is considered to “embody” the prescribed terms!

I just sent a long letter to their then Chief Executive Ken Maynard pointing out their deception, and at that point they changed tactics completely. For two years they just sent two ridiculous letters every month, the first one saying “thank you for your letter acknowledging your debt to Cabot” (of course I sent no such letter), and the second one saying “according to our records, we have had no reply to our previous letter”.

Crapbot are like a bad smell which is impossible to get rid of, but they don't litigate in every case.

SH

Hi SH,

They have already taken me to court for an O/D with YB that was sold to Cabot hence the walking on egg shells...

I think it will be okay but since the first court case I am being careful with them. The CCA is a little bit 'all over the place' as you may have read and therefore unless a clear UE 100% debt I do not want to take any chances.

I am hoping that it is going to be like yours and hopefully it will be. Its great to hear some positives come from others though and is nice of you to post your experiences with them.

Im interested as to your letter that was sent to chief at the time... Always good to go for another angle with it...

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE

Yorkshire Bank CC / SOLD TO CABOT - Boss said it was UE 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.

The Next catalogue/Moorcroft Debt Recovery - Next was ignored back in February due to it being UE as they asked me to sign the CCA and return in pre-paid envelope! I didnt send anything back at the time as told. Then Moorcroft got involved in April and I have sent them:

Threat O Gram letter and now they have threatened me again with possible litigation I was told to sent the next Threat to commence litigation letter, but after being certain the Next was UE at this later date do I send a PT out or just continue to send the legal litigation letter to Moorcroft?

EGG/BARCLAYCARD/CREDIT SOLUTIONS - PT LETTER SENT
CREDIT SOLUTIONS HAVE BEEN IN CONTACT TO THREATEN DOORSTEP COLLECTION, ETC. IGNORE OR A/C SOLD WHILE IN DISPUTE?

Today received a letter from Power2Contact Limited(?) - They have been instructed by their clients to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. (Maybe they could take the sofa as payment) LOL ;-)
It goes on that I have made this action necessary as I have ignored all their requests to contact them and failed to pay my account. They have given me 72 hours to contact their instructing agent Credit Solutions Limited.

MBNA CC / SOLD TO MOORGATE & NOW PASSED TO ARDEN - THREAT BY CREDITOR - THREAT O GRAM BEFORE ACTION LETTER SENT.
FURTHER CORRESPONDENCE FROM ARDEN THREATENING LITIGATION BUT ALSO GOING BACK TO MBNA FOR CCA!
WAIT OR THREAT TO LITIGATION LETTER?

VIRGIN CC - SOLD TO MOORGATE, PASSED TO ARDEN - NO CCA BACK.
THREAT O GRAM SENT.
THREATENING LITIGATION BUT ALSO TO RETURN TO VIRGIN FOR CCA
WAIT OR THREAT TO LITIGATION LETTER?

CAPITAL ONE - CCA sent and the Boss said it was - 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.

Letter received today from CAPQUEST DEBT RECOVERY - This correspondence is to inform you that your Capital One a/c has been referred to CAPQUEST to manage your a/c in all matters relating to collection, which may include:

-Personal visits by doorstep collection agency (Will get the tea and biscuits ready)
-Possible litigation.

Goes on to say that they are an experienced team of negotiators here to assist me in finding a plan that will clear your indebtedness (big word for them)without the need for further action.

NO CONTACT WILL MEAN FURTHER ACTION

How to pay:
Lets work together.

Maybe they could take the sofa if the other company wont???? Or at least one of these will come round for tea and biscuits as I am fed up of buying extra in when they threaten to come round but dont bother to turn up!

Littlewoods / Additions (Shop Direct Finance Company Limited) - Sold to LOWELL Portfolio - Threatening to send to their debt collectors and maybe possible litigation.

Haven't sent anything to these! ?

[ScabHunter]

Re: Flossy UE Diary & YB Hassle

The last letter from them was to say that the CCA was EN therefore they wouldn't enter into any further correspondence from me with regard to this matter. My account remains with their collections team and they suggested that I call them straight away to discuss payment of the above.

I don't know if this is any help to you as your situation looks quite complicated, but they come out with this bollocks no matter what the circumstances are.

They said exactly the same thing to me in 2008, even though the “agreement” was just a short application form with not a prescribed term in sight. They like to con people by claiming that some obscure section of the CCA 1974 says that a document “embodies a provision” if there is a mention of it anywhere on the page, therefore any appo form which mentions terms and conditions is considered to “embody” the prescribed terms!

I just sent a long letter to their then Chief Executive Ken Maynard pointing out their deception, and at that point they changed tactics completely. For two years they just sent two ridiculous letters every month, the first one saying “thank you for your letter acknowledging your debt to Cabot” (of course I sent no such letter), and the second one saying “according to our records, we have had no reply to our previous letter”.

Crapbot are like a bad smell which is impossible to get rid of, but they don't litigate in every case.

SH

[Flossy]

Re: Flossy UE Diary & YB Hassle

Flossy,

Cabot - this is a microfiche of the application form that you filled in - no disputing that however there are no PT's linked to it nor are any present within the document. The few terms that are visible on the signature page are illegible, plus consider the fact you never received a copy of the form or terms at account incpetion cements this fact.

They have however added a recon of current terms which is all well and good, but they still miss the original terms from when the account was taken out. This may be easy to remedy so whilst I would usually say send the missing PT's template and cancel payments I would be more inclined to continue paying £1 as agreed to keep them off your back and then at the very end come back to this.

They start their letter with "we can enforce this debt..." - they obviously realise it's easy to remedy but the main thing is you've seen them attempt court before so for £1p/m does it really matter if it affects SB for a few months? In my opinion, no - continue paying £1 to this and we'll re-address it in a few months or if they start to get heavy handed.

I have just looked at where Cabot are up to in my file. The last letter from them was to say that the CCA was EN therefore they wouldn't enter into any further correspondence from me with regard to this matter. My account remains with their collections team and they suggested that I call them straight away to discuss payment of the above.

I have continued to pay Cabot £1pm on SO (and will continue to do so till we are sure its UE and await further instructions)& YB £1pm for both the O/D and the CC but now I will not pay the YB for the O/D and the CC any longer... I have already paid enough to them for the O/D which I am still waiting for Gilly the "new bird" to contact me about and also if the YB CC is UE then I will expect to claim the money I have paid them so far too.

So, are you saying it is UE but, they maybe able/have done a recon? I guess the thing to do now is send you all the paperwork of the CCA as I only sent you the parts I thought you needed. I will do this over the weekend.

I will continue the £1pm until further letters come back from Cabot to which I will update my diary anyway and go from there.

I have sent you a message in legal forum.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Well said Jon

The point Niddy makes is that you have to see UE as part of your overall life. One size doesn't fit all. Poor Flossy has really massive health issues The priority has been to get shot of the immediate threats (court action) which Paul's firm has dealt with

Next up are the other accounts which may be enforceable. Is it really big deal to postpone SB for 6 months if paying £1 gives poor Flossy some space to draw breath

The sofa saga is so bizarre that I'm almost hoping it will run and run because it's far more interesting than the plot of EastEnders

Thanks PlanB for that.... You do make me laugh! I think the sofa issue is being made into a film now...

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

The sofa saga is so bizarre that I'm almost hoping it will run and run because it's far more interesting than the plot of EastEnders

But then, so is watching paint dry.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Flossy,

Cabot - this is a microfiche of the application form that you filled in - no disputing that however there are no PT's linked to it nor are any present within the document. The few terms that are visible on the signature page are illegible, plus consider the fact you never received a copy of the form or terms at account incpetion cements this fact.

They have however added a recon of current terms which is all well and good, but they still miss the original terms from when the account was taken out. This may be easy to remedy so whilst I would usually say send the missing PT's template and cancel payments I would be more inclined to continue paying £1 as agreed to keep them off your back and then at the very end come back to this.

They start their letter with "we can enforce this debt..." - they obviously realise it's easy to remedy but the main thing is you've seen them attempt court before so for £1p/m does it really matter if it affects SB for a few months? In my opinion, no - continue paying £1 to this and we'll re-address it in a few months or if they start to get heavy handed.

[PlanB]

Re: Flossy UE Diary & YB Hassle

Well said Jon

The point Niddy makes is that you have to see UE as part of your overall life. One size doesn't fit all. Poor Flossy has really massive health issues The priority has been to get shot of the immediate threats (court action) which Paul's firm has dealt with

Next up are the other accounts which may be enforceable. Is it really big deal to postpone SB for 6 months if paying £1 gives poor Flossy some space to draw breath

The sofa saga is so bizarre that I'm almost hoping it will run and run because it's far more interesting than the plot of EastEnders

[jon1965]

Re: Flossy UE Diary & YB Hassle

Hi Flossy
I don't think I've read any of your diary before.
This UE lark really can be hard going can't it, sometimes it fries my brain (some would ask what brain but there we go).
You think it's UE so stop payments then you get some idiots calling you 5 times a day (Arden with me) or you think it is EN but then find there is a faulty DN , but you can't tell them, you have to wait till it gets to court.
Sometimes I think it would just be easier to give them all £1 per month but then I think why should I .
The hardest part is waiting and sometimes all you need is someone to say yes thats right but when no one does you feel abandoned, or they say "seems ok to me" and you think , which bit cos there were four points.

When I say you I really me me and when I say abandoned I don't actually mean it and I think the Mods and Niddy do a great job.

Anyway thats my ramble and I haven't even touched a drink yet tonight

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

You can safely trust Niddy to know which ones to take with a pinch of salt, and which ones need skilfull handling. He's been monitoring these companies' psychopathic/sociopathic behavioural patterns for years

IFYPFY.

[Flossy]

Re: Flossy UE Diary & YB Hassle

http://forums.all-about-debt.co.uk/s...ead.php?t=4874

http://forums.all-about-debt.co.uk/s...ead.php?t=5814

http://forums.all-about-debt.co.uk/s...ead.php?t=5815

If you ever want just to chit chat and chill out try any of the above links.........

Thank you. I will have a look at them in a bit

[PlanB]

Re: Flossy UE Diary & YB Hassle

I think Niddy's making the point that not all creditors and DCAs act in the same way. Some are fools who send the debt back to the OC at the first sight of a letter containing long words. But others can be agressive and put their fingers in their ears to everything said/written to them and still issue court proceedings in the hope that the debtor will crumple despite having the law on their side. The name Lewis Debt Recovery springs to mind here

You can safely trust Niddy to know which ones to take with a pinch of salt, and which ones need skilfull handling. He's been monitoring these companies' behavioural patterns for years

[Deepie]

Re: Flossy UE Diary & YB Hassle

http://forums.all-about-debt.co.uk/s...ead.php?t=4874

http://forums.all-about-debt.co.uk/s...ead.php?t=5814

http://forums.all-about-debt.co.uk/s...ead.php?t=5815

If you ever want just to chit chat and chill out try any of the above links.........

[Flossy]

Re: Flossy UE Diary & YB Hassle

Can you please email me the Cabot / YB paperwork (cca/terms) again please just to refresh my mind.

Thanks

On its way to you shortly.