Flossy UE Diary & YB Hassle

[PriorityOne]

Re: Flossy UE Diary & YB Hassle

My CC which was also sold at the same time without me being informed have been on my case ever since. I sent a CCA in January 2012 and got a reply of a CCA which parts was illegible and UE as Niddy had looked it over, yet I was still always paying £1pm to keep them quiet. After Niddy looking at my CCA again he said it was definitely UE and therefore I stopped paying the £1pm recently, this is when they have started with their threats, etc.

I have tried PT letter, Threat to commence litigation, UE creditor refusal to accept & final response.

1 October - I received a letter from Cabot saying "You had failed to make the repayments on your account with Cabot. Unless you contact us within the next 7 days to discuss your account we will take further action to recover the full debt.
Please note that if we commence legal proceedings and apply for a CCJ.............."

Because they where quick to get court proceedings with the O/D both Niddy and I have been a bit on the cautious side with them. But, as this debt is UE I cant keep avoiding this now and paying £1pm.

Cabot's letter 19 October 2012

"Dear .....,

Important Notice - Please Do Not Ignore

We wish to advise you that your account continues to be in default of payment. Despite previous correspondence and requests from us, you have failed to settle, or set up an arrangement on your account. Accordingly, the outstanding balance is payable immediately.

If you do not take action

If you do not take any positive action to settle the outstanding balance with us immediately, we may forward your account to an external Debt Collection Agent or commence legal action to recover this debt if your account meets our litigation criteria.

Please note, that if we commence legal proceedings and apply for a County Court Judgement, further costs may be applied to your debt in the event that judgement is granted and as a result of any enforcement action that we may subsequently apply for.

Contact Cabot Immediately"

That was the last letter from Cabot. Hope this helps you P1. Thanks for looking at this for me it is very much appreciated x

Ok.... they've ignored you basically.

I would suggest you issue a formal complaint (by rec. delivery) and say something like:

FORMAL COMPLAINT

Ref: xxxxxx

I refer to your letter of xx/xx/xx; the content of which has been noted.

Despite numerous letters form myself, you have continually failed to address any of the matters raised to date and instead, now appear to be relying upon bullying tactics to get me to believe you have legally enforceable documents with which to obtain a County Court Judgement.

I therefore refer you back to my letter of xx/xx/xx with a request that you actually address its content and provide a definitive written answer in response under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but an original and legible document signed by myself.

Please note that until such times as a legible and legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and the account in question will remain unenforceable in line with s.127 (CCA 1974).

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this formal complaint and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,


To be honest, the letter sounds like a threat to pass the account on to another bunch of muppets, rather than a serious court threat but it pays to cover your bases anyway....

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I though creation taking action would help resolve this as you get your day in court to argue defective goods, missold and the rest of the huge list. It's not really such a bad thing you know....

[Flossy]

Re: Flossy UE Diary & YB Hassle

Make sure you sent a copy via royal mail as well, and await a response....

Hi Niddy,

I did send a copy recorded delivery 1st class as well...

I just need to stay on top of it and things will be fine. I have got a few that need quick responses that I will do as soon as possible. Hopefully that will either stall or work, hopefully the latter!

Need to work on Creation! I haven't been back on there yet to see if there are any updates but I am running out of time with them.

[Flossy]

Re: Flossy UE Diary & YB Hassle

If these are letters of claim from solicitors, they would require a bespoke response as noted here, it is important to respond to such letters and not dismiss them as mere threat-o-grams ---> allaboutFORUMS - View Single Post - Slickfm UE Diary

Thank you for that FP.

I sent a letter back to them on a few days after receiving their letter just to delay things a bit. I explained that the reason about my health issues and that I have been in and out of hospital so much. I also explained that I had tried to contact them earlier by email and fax but they where returned back to me after being rejected.. I explained about not being able to get out of the house as I rely on carers to look after me and post my letters, etc. I said I would be able to do a full letter to Arden Credit on my return home from hospital... which I need to be doing now!

I have been trying to find the right things to say in my letter as I was trying to get these debts written off.

I have copied and paste the letter as above that you have directed me to. So, should I send this one now then? Not sure what to write in the space re the main crux of the dispute is?

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

UPDATE - HALIFAX CC

Halifax CC
Defaulted March 2011
£10.5k
- Passed to Wescot - Requested CCA January 2012 - Refused as they where not the creditor!

- Re-sent the CCA request - Wouldn't send it to me as above.

- PT Letter sent

- Passed to Robinson Way Limited March 2012 - A/C in Dispute sent

- Robinson Way sent ALL CC Statements - June 2012

- CCA received June 2012 - Told (No PO ever cashed)

- Sent PT letter

- Halifax - July 2012 - Instructed Moorcroft DCA to deal with my A/C
- Moorcroft sending threatening letters & % Offer of DISCOUNT up to 25% or greater depending on circumstances!

- A/C in Dispute letter sent - September 2012

- Halifax replied September 2012 - CCA already sent. That they have complied with with S78 of the CCA that they have provided me with a copy of my CCA. Halifax goes on for quite a few pages basically saying that they have done everything that has been asked of them and the CCA is EN and that they have sent another copy of the CCA, which they previously sent in July after months of requesting it. Niddy deemed this - The Halifax have also mistaken me as being a representative of myself! LOL

- Moorcroft then replied to my A/C in dispute letter Sept 2012 - looking in to it the dispute.

UPADTE OCTOBER 2012

- Moorcroft letter October 2012 - Letter to say that the HALIFAX HAVE NO RECORDS of my original CCA request letter??????please forward this to them to enable them to re-request a copy of my CCA.

- A/C on hold.[/COLOR]

I am slightly confused as they have now sent out a few CCA's and I have requested the CCA by letter from January 2012 - July 2012, which is when they sent the first copy of the CCA!

Really not sure what to send next after Moorcroft's letter? Should I re-send a letter requesting my CCA? Which seems pointless to me after getting 2 already and why do they want a letter on file when I have sent out 4 requests only to be told my signature wasn't signed by hand therefore refused my 4 requests!

I'd just chill, see what they send next.... or write a simple letter explaining the position, spell it out for them?

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

UPDATE MBNA 1 & 2 Letter before COURT ACTION


MBNA 1(Virgin CC)

MBNA £20k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12
Told it is .
Now at Earlswood & Co Solicitors - given 7 days before action.

MBNA 2

MBNA £6k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12 - Further CCA sent by MOORGATE June 12 which is different to the first CCA
Told both are Enforceable.
Now at Earlswood & Co Solicitors - given 7 days before action.

Both accounts have had letters sent as per normal -

PT letter, Threat O Gram, etc. They will not accept any further delay hence being passed to a Solicitor.

16 October 2012 - Wrote to Earlwood Solicitors sent a copy of the letter to Arden.

Letter basically was to stall them from taking any action while I work on a 'please write this debt or at least a good % of it off as I will not be able to pay them the amounts owing for quite some time due to me being unable to work due to being so ill." I also emailed it so that it would get there quicker. Just need to work on the letter now and send to Niddy to have a look at before sending.

Update 2 November 2012


Not heard anything back since sending my 'stalling letter'. I will have to look through a few of the templates and make into one letter as said above to try and get these debts written off. I am unsure as to if they would know anything about my circumstances and/or look into these before considering anything? But the fact of the matter is that I can not pay them and it would takes a very long time to pay off at something silly like £1pm!

If anyone has done anything similar with illness but has their circumstances to watch I would appreciate a little advice or more of a better idea as to where to start with this letter. I will start it off and see how far I get and get Niddy to look through before I send anything.

So, that's my next plan of attach for MBNA 1 & 2

I agree, give it a go - see what they say... no harm, and like you say they may not be aware so letting them know you're extremely unwell might help, although if they want to be wankers they will issue a claim regardless... sadly.

Get back to them asap if you can.... best of luck

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Quote:
Originally Posted byFlossy
UPDATE - YB CC CABOT

Yorkshire Bank CC
Defaulted June 2011
£13k
Bought by Cabot October 2011
Told its Unenforceable
Paying £1pm till September 2012
Received a few letter asking me to pay the 'agreed amount' - No agreement in place and threats of court action.

I may wait for a a few days and see if the letters have crossed in the mail!

Make sure you sent a copy via royal mail as well, and await a response....

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi P1,

Thank you for your reply.

Cabot is a bit of a weird one. Originally, I had a bank account with Yorkshire bank, O/D and CC. The O/D was sold to Cabot without me being informed last year and Cabot's in house solicitors sent me court papers literally straight after they bought the account! Due to bad advice from another forum who also did my defence for me I ended up having to use Watson's to get me a deal and Tomlin Order.

My CC which was also sold at the same time without me being informed have been on my case ever since. I sent a CCA in January 2012 and got a reply of a CCA which parts was illegible and UE as Niddy had looked it over, yet I was still always paying £1pm to keep them quiet. After Niddy looking at my CCA again he said it was definitely UE and therefore I stopped paying the £1pm recently, this is when they have started with their threats, etc.

I have tried PT letter, Threat to commence litigation, UE creditor refusal to accept & final response.

1 October - I received a letter from Cabot saying "You had failed to make the repayments on your account with Cabot. Unless you contact us within the next 7 days to discuss your account we will take further action to recover the full debt.
Please note that if we commence legal proceedings and apply for a CCJ.............."

Because they where quick to get court proceedings with the O/D both Niddy and I have been a bit on the cautious side with them. But, as this debt is UE I cant keep avoiding this now and paying £1pm.

Cabot's letter 19 October 2012

"Dear .....,

Important Notice - Please Do Not Ignore

We wish to advise you that your account continues to be in default of payment. Despite previous correspondence and requests from us, you have failed to settle, or set up an arrangement on your account. Accordingly, the outstanding balance is payable immediately.

If you do not take action

If you do not take any positive action to settle the outstanding balance with us immediately, we may forward your account to an external Debt Collection Agent or commence legal action to recover this debt if your account meets our litigation criteria.

Please note, that if we commence legal proceedings and apply for a County Court Judgement, further costs may be applied to your debt in the event that judgement is granted and as a result of any enforcement action that we may subsequently apply for.

Contact Cabot Immediately"

That was the last letter from Cabot. Hope this helps you P1. Thanks for looking at this for me it is very much appreciated x

[PriorityOne]

Re: Flossy UE Diary & YB Hassle

[

UPDATE 2 November 2012

I have already sent off the letter that Niddy suggested on my last letter (posted 22/10/2012)

I was confused about the CPUTR which was what Jon was trying to explain to me after Niddy mentioned this letter a few pages back to send to Cabot as a final response letter.

As you can see above that Niddy has pointed me in the direction of P1 who has helped explain things better for me. Sorry that I didn't realise I had sent it before P1.

So, if that is their final response dated 19 October 2012, the letter has not been effective enough for them!!!! mmmm Now really not sure what to send back? I may wait for a a few days and see if the letters have crossed in the mail!

!

I need to have a read over what they sent back in response Flossy.... I've had many responses to requests under CPUTR and then heard nothing more, or the account's been re-sold/passed back and so on. The point is.... no-one (to date) has issued court papers on the back of a request under CPUTR to myself or to anyone I've helped. This may of course change but so far, it hasn't. If it does, then the template will need to be adjusted to reflect what they're trying to wriggle around.... I already have a few ideas....

A "final response" normally indicates that they don't want to talk to you anymore and in a lot of cases, can be a good thing because they then feck off

I'm in a bit of a rush this morning but if you find the time, please direct me to their reply (if you've posted it up) and I'll take a look.

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE - HALIFAX CC

Halifax CC
Defaulted March 2011
£10.5k
- Passed to Wescot - Requested CCA January 2012 - Refused as they where not the creditor!

- Re-sent the CCA request - Wouldn't send it to me as above.

- PT Letter sent

- Passed to Robinson Way Limited March 2012 - A/C in Dispute sent

- Robinson Way sent ALL CC Statements - June 2012

- CCA received June 2012 - Told (No PO ever cashed)

- Sent PT letter

- Halifax - July 2012 - Instructed Moorcroft DCA to deal with my A/C
- Moorcroft sending threatening letters & % Offer of DISCOUNT up to 25% or greater depending on circumstances!

- A/C in Dispute letter sent - September 2012

- Halifax replied September 2012 - CCA already sent. That they have complied with with S78 of the CCA that they have provided me with a copy of my CCA. Halifax goes on for quite a few pages basically saying that they have done everything that has been asked of them and the CCA is EN and that they have sent another copy of the CCA, which they previously sent in July after months of requesting it. Niddy deemed this - The Halifax have also mistaken me as being a representative of myself! LOL

- Moorcroft then replied to my A/C in dispute letter Sept 2012 - looking in to it the dispute.

UPADTE OCTOBER 2012

- Moorcroft letter October 2012 - Letter to say that the HALIFAX HAVE NO RECORDS of my original CCA request letter??????please forward this to them to enable them to re-request a copy of my CCA.

- A/C on hold.[/COLOR]

I am slightly confused as they have now sent out a few CCA's and I have requested the CCA by letter from January 2012 - July 2012, which is when they sent the first copy of the CCA!

Really not sure what to send next after Moorcroft's letter? Should I re-send a letter requesting my CCA? Which seems pointless to me after getting 2 already and why do they want a letter on file when I have sent out 4 requests only to be told my signature wasn't signed by hand therefore refused my 4 requests!

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE MBNA 1 & 2 Letter before COURT ACTION


MBNA 1(Virgin CC)

MBNA £20k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12
Told it is .
Now at Earlswood & Co Solicitors - given 7 days before action.

MBNA 2

MBNA £6k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12 - Further CCA sent by MOORGATE June 12 which is different to the first CCA
Told both are Enforceable.
Now at Earlswood & Co Solicitors - given 7 days before action.

Both accounts have had letters sent as per normal -

PT letter, Threat O Gram, etc. They will not accept any further delay hence being passed to a Solicitor.

16 October 2012 - Wrote to Earlwood Solicitors sent a copy of the letter to Arden.

Letter basically was to stall them from taking any action while I work on a 'please write this debt or at least a good % of it off as I will not be able to pay them the amounts owing for quite some time due to me being unable to work due to being so ill." I also emailed it so that it would get there quicker. Just need to work on the letter now and send to Niddy to have a look at before sending.

Update 2 November 2012


Not heard anything back since sending my 'stalling letter'. I will have to look through a few of the templates and make into one letter as said above to try and get these debts written off. I am unsure as to if they would know anything about my circumstances and/or look into these before considering anything? But the fact of the matter is that I can not pay them and it would takes a very long time to pay off at something silly like £1pm!

If anyone has done anything similar with illness but has their circumstances to watch I would appreciate a little advice or more of a better idea as to where to start with this letter. I will start it off and see how far I get and get Niddy to look through before I send anything.

So, that's my next plan of attach for MBNA 1 & 2

[Flossy]

Re: Flossy UE Diary & YB Hassle

Quote:
Originally Posted byFlossy
UPDATE - YB CC CABOT

Yorkshire Bank CC
Defaulted June 2011
£13k
Bought by Cabot October 2011
Told its Unenforceable
Paying £1pm till September 2012
Received a few letter asking me to pay the 'agreed amount' - No agreement in place and threats of court action.

Needs addressing with either/or/and continued payment £1pm which if definitely UE why pay the £1pm? or/and in the form of a letter but not sure what I should put or how to word correctly, would appreciate some help please?


Niddy:

Why not send Cabot the following --->Our Templates | CPUTR (Unenforceability) Templates | Final Response - CPUTR (LiP)

See what they say to that!


Niddy told me to send this one last which was my letter dated and emailed 14 October 2012, posted recorded delivery 22 October 2012.

Quote:
Originally Posted by Flossy
I was editing the Cabot post while you answered by unedited post. I had put on Final response or mixing up a few of the letters to make a bit of a Niddy Special

Niddy:
The one above is a specialised final response, asking for compliance with CPUTR - it'll make or break em so lets try that first.
[/COLOR]

Niddy:
P1 is the best to help with CPUTR as she's the expert - tried and tested

--->PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

But I'd send that and see what cabot want to say in response....

UPDATE 2 November 2012

I have already sent off the letter that Niddy suggested on my last letter (posted 22/10/2012)

I was confused about the CPUTR which was what Jon was trying to explain to me after Niddy mentioned this letter a few pages back to send to Cabot as a final response letter.

As you can see above that Niddy has pointed me in the direction of P1 who has helped explain things better for me. Sorry that I didn't realise I had sent it before P1.

So, if that is their final response dated 19 October 2012, the letter has not been effective enough for them!!!! mmmm Now really not sure what to send back? I may wait for a a few days and see if the letters have crossed in the mail!

Although I sent them an email attaching this letter on the 17 October 2012!

[PriorityOne]

Re: Flossy UE Diary & YB Hassle

No worries Flossy... happy to help.

[Flossy]

Re: Flossy UE Diary & YB Hassle

I know this was mentioned not so long ago by Niddy and also Jon. At the time I was confused about it (even after Jon's explanation)and now after coming back and looking again at my diary I decided to read about it all from when P1 first posted it on my diary earlier this year and also P1 did a post that was done purely on CPUTR which I read today and decided to find out a bit more about how I could use it.

So, thanks P1 for posting about this in the first place. Very helpful x

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi Flossy....

Following your PM, I've now found your thread but as it's very long, I'm only going from the last few posts..... so if I miss the bleedin' obvious, someone please tell me....

Even though you suspect that your letter may have crossed with Cabot's it would certainly do no harm to send a request under CPUTR but it must be headed up as a formal complaint. Make sure your name, address and reference number are on the top and send it by rec. delivery. If they have already set solicitors onto you, then the same needs to go to them as well in order to fend off court papers from landing.

The link is here:

Our Templates | CPUTR (Unenforceability) Templates | Final Response - CPUTR (LiP)

They will then need to address your complaint without being misleading. Thus usually means that they fluff around the issue rather than answering you directly but whatever fluff they use will tell us which way they're leaning.

Hope that helps....

Now thats what I wanted to hear! Thank you so much for that... It was posted up in my diary a while back (by you) just before you did the post about it.

I knew there could be some other way to tackle them. I could also use this on other ones as well that are suitable.

Your a star P1... x Even more so for finding my diary! lol