Nightwatch & Hubbys Diary of debt

[PlanB]

Re: Nightwatch & Hubbys Diary of debt

thanks niddy, you deemed this enforceable when I sent you the CCA I received in 2012

Why don't you re-send Niddy exactly what you received in 2012 to assess things again.

Your CCA response in 2012 was from M & S (is that correct?). You're now dealing with Arrow and their solicitors. Things can get lost in translation as the years go by and the debt owners change. This can be to your advantage.

Plan B x

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

thanks niddy, you deemed this enforceable when I sent you the CCA I received in 2012

[Never-In-Doubt]

Re: Nightwatch & Hubbys Diary of debt

Wait until you get the first letter from Shoosmiths.

Agreed - just wait till your hear from Shoosmiths then incorporate a CCA into an LBA - UNLESS the existing CCA is in default in which case don't do another as chances are a claim will be forthcoming and if so you'd likely have better odds sticking by the current default position (ie their breach of s.78)....

[PlanB]

Re: Nightwatch & Hubbys Diary of debt

so send a CCA request it is then ?

Wait until you get the first letter from Shoosmiths.

How long ago was your last CCA request (April 2012?) and when will this debt become SB?

I saw off Shoosmiths when I "categorically" denied I'd ever had a bank overdraft with M & S. It's been quiet for months and months since then

Plan B x

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

so send a CCA request it is then ?

[Enforcer]

Re: Nightwatch & Hubbys Diary of debt

Really good info on this one, looks as if Nightwatch is on a winner!

[DarkAutumn]

Re: Nightwatch & Hubbys Diary of debt

Have you seen this thread NW ??? ------> http://forums.all-about-debt.co.uk/s...l=1#post159405

That would not be applicable. The M&S reserve account is not an overdraft. There are posts about them on other sites.

Here Arrow lost when they took one of them to court using that argument ------> https://consumercreditlitigationandd...lobal-limited/

[The Tech Clerk]

Re: Nightwatch & Hubbys Diary of debt

which is why I wondered about sending one to see if they said as it is an overdraft it wasn't covered under the CCA,

interesting to find out in black and white no doubt!

[Deepie]

Re: Nightwatch & Hubbys Diary of debt

which is why I wondered about sending one to see if they said as it is an overdraft it wasn't covered under the CCA,

Have you seen this thread NW ??? ------> http://forums.all-about-debt.co.uk/s...l=1#post159405

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

Overdrafts do not come under a CCA, but a letter as an agreement to overdraft facility.

which is why I wondered about sending one to see if they said as it is an overdraft it wasn't covered under the CCA,

[The Tech Clerk]

Re: Nightwatch & Hubbys Diary of debt

Bugger they have sent it to Shoosmiths may have to bite the bullet and pay up, £1. a month or £233 F&F
although..... they do say it's an overdraft soooooooo should I send a CCA request or a prove it letter saying I have never had a bank account with M&S and see what comes back .

Overdrafts do not come under a CCA, but a letter as an agreement to overdraft facility.

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

MNS reserve
started 1997
ballance £2333.64
defaulted 2006
prorata to date oc


12/04 CCA req sent
05/05 CCA rec Niddy says
Had not received anything from them till today 30/06, they have asked Rockwell DCA to deal with the account , I should hear from them shortly they phoned last night but were flumuxed by the truecall so left no message

28/07letter dated 23/07 from Rockwell, they have been asked to consider my individual circumstances and to find the best possible way forward for me and their client.

so long as they are managing my case for M&S they can GUARANTEE me ,that in respect of this particular debt:
NO debt collectors will visit my home
I will not be subject to any legal action, or Incur legal fees or costs
NO interest will be applied to my outstanding balance.
HOWEVER, to continue managing my case, they must show their client that they are in contact with me and we are working together to find a resolution.
If their client is to take back the case from them, they may consider the options open to them to recover the amount owed these may include the ones detailed above,
Time is of the essence and I should contact them right away to avoid such action.
08/08 another letter from Rockwell, pleading with me to contact them so that they can help me, or they may have to return it to M&S.If I have notspokento them or sent atleast a token payment within 14 days the account may be passed to their specialist recovery agents Fenton Cooper
they give me 4 ways to make my token payment(one being by debit/credit card)
In addition they have been authorised to offer me the opportunity to settle the account at a significantly reduced rate but they don't say what
the remaining balance may continue to be shown on my credit file as being in default, although their client will not continue to chase payment of the remaining sum

3/09/12 letter from Fenton cooper,It opens with Dear Madam.my account has been escalated to them for assessment and further recovery action to avoid further recovery action I must
1, Pay in full to Fenton Cooper
2, Contact their collection department

Failure to take the above action MAY result in the following actions
1, a debt collector MAY visit my home
2, a court judgement/Decree MAY be requested
any Court costs awarded will be added to my debt

Missing PT letter sent to FentonCooper
letter from FC dated 16/10, this matter is being investigated and they will contact me on recept of the information from their clients
28/10 still waiting
17/11 letter from FC they refer to my request for a copy of the CCA 1974 (s77) We enclose a copy of the executed agreement, enclosed is a copy of the signed agreement but no TC. letter continues
Having satisfied our obligation under s77, the agreement is fully enforceable and we shall continue to treat it as such. they will not be entering into any further correspondence with us reguarding the provision of copy agreements and they remind us that failure to make payments in respect of this agreement will result in further collection activities and any default may also be reported to CRA's
8/12, letter from Rockwell,dated 30/11, they have been instructed by M&S to contact me regarding my account which remains unpaid, I have 10 days to pay in full or they will take immediate action so 10 days from the date of the letter gives me till Monday, will send Missing PT letter
jan 2013
14/01/13 letter from rockwell (11/01) they are concerned that this matter remains unresolved, if they have not spoken to me or received atoken payment in the next 14 days, my account MAY be passed to fenton cooper to assess further recovery options, BUT, as a special offer i can settle at a reduced amount.
they say they have been authorised to offer me the option to settle the account at a significantly reduced amount, the remaining am mount may show on my credit file as being a default, although their client will not continue to chase payment of the remaining sum, call now to take us up on our offer and i will
save money
have my credit file updated
avoid further recovery action

13/03. letter from Rockers they write to confirm that they are no longer instructed to deal with this matter and have closed their files. I am to contact M&S if I have any queries.

15/03 letter from BCW dated 13/03, they have been instructed by M&S to recover the outstanding sum, they have also granted BCW access to my financial information held with A CRA and they will be monitoring this along with data from other sources to assess my ongoing ability to resolve this matter nosy beggers
It is imperative that I contact them to remedy the situation and so they can gain a more through understanding of my financial cercumstances, I am to phone one of their dedicated advisors,or, visit their website to set up a repayment plan/make a oneoff payment/find out if I am eligible for a discounted settlement,or send the full payment by post,
28/03 bcw regret to note that the balance on this account remains outstanding i thought that outstanding meant very good/excellent
they would like me to make contact with one of their specialist advisers who will be able to provide me with support is that with crutches/zimmer frame or just an elastic bandage and advice, they will be sympathetic to my individual circumstances, and will help me to find the most appropriate way to take steps toward resolving and closing my account when they say help me to take steps, are they talking about the pop group, coz if so i'm not taking them anywhere
April
08/04 letter from BCW Make us an offer errr stop contacting me and I'll forget you x
2014
letter dated 28th Feb from M&S they have sold my account to Arrow Global Ltd on the 5th Feb 2014 and that Arrow had instructed Wescot to collect, They kindly give me wescots Address and bank details so I can send them my payment, also included was letter from Arrow saying they now own said account and have passed it to Wescot to collect
never heard off Wescot about this account
19/04 letter from arrow just to let me know they have transferred the account to..... ROCKWELL. I am to contact them to arrange payment, they had it in the first place and didn't get one, so what do you think their chances are now?
28/04 letter from Rockwell dated 22/04, they have been instructed by Arrow to contact me, the debt is now overdue and must be paid in full with in 10 days or they will take immediate action must call them on given phone number to discuss other possible options.
I will be asked to provide a full statement of my income and expenditure in order to validate any instalment/ temp arrangement. cheeky sods they can ask they won't get
think I will wait for next threat, I'm in a can't be arsed mood

well never heard of Rockers but today I get a letter from arrow

01/10 letter dated 24/09 from Arrow. we are writing to let you know that Tessera will no longer be managing your account. The balance on the account is still owed to arrow, Wescot Credit Services ltd is currently manageing your account you should continue to make all payments and queries to them
09/10 letter from Wescot, they would like to inform me that they are acting for arrow/M&S Finan and would like me to contact them to discuss my options for repaying the balance on this account based on my personal curcumstances, these include, 1, paying in full, errm no, 2 Contacting us to agree an affordable repayment plan errm NO again as I have never had an account with M&S FINAN ,
the benefits of contacting us and agreeing a way forward are
you will not receive any further debt collection calls or letters from us regarding this account,I ignore most of them anyway so no benefit
while your account is with us you will not incur interest or fees, not paying gets me the same result, so, no benefit
you will be taking positive steps to improve your credit rating, already am as only 1 default left on CRA file, so, no benefit

30/10 letter from Wescot Arrow Global are offering significant discounts. to find out your settlement value and the savings you could make please call the above number, think I'll pass as I am already making "significant savings" by not paying anything
2015
18/03 letter from Arrow , My OVERDRAFT has been passed to Moorcroft it's a reserve account not a bank account??
30/03; letter from Moorcroft, My account details have been passed to them from Arrow, could I pay them please.
15/04; 08.30 am call this is a message from Moorcroft group for ........... cut off
22/04; letter from Moorcroft (dated 20/04) they have been unable to make contact with me following their recent letter. their aim is to establish with me, a repayment plan I can afford and maintain. Please send your payment proposal before 27/04 or telephone within the next 7 days
If no contact is made following receipt of their letter they may have no alternative other than to continue with further debt recovery action.
Further action may include this, or another DCA, continuing to contact you by letter or phone
We look forward to hearing from you and working with you in order to come to an amicable arrangement on behalf of our client. In certain circumstances we may also be able to offer a discount from the outstanding balance

19/05 letter from Morocroft dated 18/08 despite recent attempt to contact me no payment has been received in line with the arrangement we agreed to, with the result that your account is in arrears for the sum of £120.0

03/10 letter from Arrow they have passed the account to Shoosmiths LLP I should direct all queries, correspondence and payment to Shoosmiths . they again say that this is an overdraft

Bugger they have sent it to Shoosmiths may have to bite the bullet and pay up, £1. a month or £233 F&F
although..... they do say it's an overdraft soooooooo should I send a CCA request or a prove it letter saying I have never had a bank account with M&S and see what comes back .

[nanna58]

Re: Nightwatch & Hubbys Diary of debt

Office newbies ???

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

Barclaycard (2)
CSL chasing /Robersway/mkpd
started 1999
balance £3681.29
defaulted 2002 & 2010 I have written about this but they would not answer last letter in which i pointed out I had proof of 1st default
CCA 2010 they sent a small copy of T&C that they say would have been inforce at time of signing
SAR 2012 sent microfiche copy of agreement bur T&C are illegible and only details of this account.
have sent letter pointing out that I require all info held and an original legible copy of agreement

2013 Default has been removed I contacted experian, with proof of the first default, after no joy from Barcs they said they would contact barcs and let me know the outcome,
still waiting for a reply from experian, but on checking file noticed the account had been removed altogether
08/08/2013 CCA request sent (had to send another as hubby hadn't canceled the payments)
19/08 letter from CSL, until you send the fee we cannot process your request

19/08 letter to CSL, you have had the fee you cashed it on the 15/08 the same date as your letter was typed up. you will not be getting another I suggest your accounting dept has a whip round to replace it. the original request received by you on the 09/08 still stands you have until 23/08 to send CCA or this account is in default.
03/09 still waiting#
04/12 letter from berzeks [19/11] your Barclaycard account has now been passed to Allied International credit [uk] Ltd to manage the collection of the balance outstanding on your account.You should contact AIC as a matter of urgency on 0141xxxxxxx who will discuss with your proposals for repayment of the outstanding balance on your account.

now it's a pity they didn't send this letter a fortnight ago when AIC started calling me and then the person on the other end of the phone wouldn't have annoyed me so much that I swore at him!!

phone rings true call says" you have a call from" and a sneary up his own arse voice says " Mr SMITH" and chuckles, so I took the call "hello Mr Smith, how can I help you", am I speaking to Nightwatch? that depends which Mr Smith are you? pardon, which Mr Smith are you? why does that matter? so I can say if I'm nightwatch or not! are you totally stupid? no, but you think I am because you think I believe your name is Mr Smith, well you answered the phone, yes I did and I am also recording this conversation , you can't do that with out telling me first, are you recording this call? we may well be, good then you can play this back and try and understand what is being said, I do not recognize your number, so I haven't asked you to call. I Don't like unsolicited calls from any company so please put every thing in writing and send it to me, and remove any numbers you have from your dialing system, we will phone when we like until you speak to us, as you wish, but I have just spoken to you, and told you I wont again, now Pickle off and stop chuffing wasting my time you muppet.at which point I zapped him

20/12 letter from AIC [17/12] This account has been assigned to us from Barclaycard this means CSL have cocked up
We are unaware of any reason for the non payment and we encourage you to contact our office to resolve the outstanding matter in a timely manner they have been told I've not paid, and to try and get some money from me
If you are experiencing financial difficulty please call us as we are happy to discuss your situation and how we can help resolve we're not really interested we just want to try and scare you into giving us your money, then we can have a good laugh as we talk about it in the pub later
10/01/2014 SWID letter sent
11/01/2014 letter from AIC dated 7th jan. they have been unable to come to an acceptable arrangement with me regarding the repayment of my outstanding balance.coz your not going to get one
This is MY last chance to work together with them think i'll pass, tho it was a difficult choice
It is in MY best interest to come to a mutually acceptable agreement, so please contact them on the number on the letter to discuss the matter further. or I can fill in and sign the enclosed IE form and send it back within 7 days along with an offer of payment.errrm NO
21/02 well AIC have phoned me every day this month lucky for me the truecall baffles them, but have sent off a telephone harassment letter, pointing out that in my January letter (SWID) to them that they signed for on the 13/01, it clearly states All Communication in writing only and that they are not to phone as I will log and record all calls, which WILL be used to make a complaint if necessary

27/02 letter from AIC (24/02) thanking me for my recent letter and confirming that they will be conducting a through investigation into my concerns, Once it is completed they will write to me again
they enclosed a copy of their internal complaints procedure, and end with a final line of.....
In the meantime,If you have any queries, please do not hesitate to contact me on the direct line number below??? my complaint was I wanted no telephone contact!!!!

28/02 letter from AIC they have upheld my complaint and have removed all phone numbers from their records. they have send me £50 for inconvenience caused

16/05 letter from Robson way, well it is typed onto a piece of paper with Barclaycard photocopied at the top, Your account has been passed to Robson way Ltd to manage the collection of the balance outstanding,
You should contact Robbers Way as a matter of urgency, they will discuss with you proposals for repayment of the balance outstanding on your account. at the moment I don't have any proposal to repay this OUTSTANDING account so won't bother to contact them
23/06 letter from RW they are authorised to negotiate repayment of the balance outstanding. please contact us to agree an affordable and sustainable repayment plan based upon your personal circumstances.

dear RW, my circumstances are as follows.
I am not allowed my own opinion on football, cannot dress myself with out my face coming into contact with the floor,door, bed, wall, as I dance around the bedroom with both legs down one trouser leg, often find I have my tshirt on inside out and back to front, normally after a few sherberts,
I am treated like a slave by my family, cooking, washing, cleaning, for up to half an hour a day at least,the rest of the day I am forced to go shopping, have a meal out, visit friends and relatives, natter with the people next door.
My life is appealing, sorry appalling, and now you come wading in with your bully boy tactics of being NICE, well thats it you've gone to far ,I am going to have to revert back to self medication, as the Dr has struck me off his list for free booze,
because of you Bargin booze are going to have a bumper year and I will be back on their staff party list for Christmas,
I hope your happy with yourselves
cheers
p.s. this account is in dispute as no CCA has been received, stop phoning as I wont answer, and my doorstep has been very naughty so is not allowed visitors for the foreseeable future. Ta Ta
SWID letter sent to RW

26/09, letter on Barclaycard headed paper with return address of Bellshill on envelope dated 19/09 they write to inform me that the account was assigned and transferred to MKPD LLP on the 10th Sept so they are now the effective owners,BUT they have appointed MK rapid recoveries as their servicing agents, so, all contact is to be made to MK RR lower down it says I should make payments to MKPD LLP
in the same envelope is a letter on MKPD headed paper telling me that they are the legal owner of the debt due,and how important it is I contact them( upon receipt of the letter) to discuss my options
I must ensure that all future correspondence and payments are sent to MKPD LLP at the address in Milton Keynes, so whats happened to MK RR? which I take it are Milton Keynes Rabid Recovery's

03/10.letter from MKRR dated 30th Sept, further to their recent communication regarding transfer of ownership they have not received my offer of payment.they want to help me and are in a position to help me clear the outstanding balance,BUT... they can only do this after speaking to me. they beg me to call them and discuss ways we can help.they only posted this one 4 days after the first so don't give much time to get back to them, do they?
until they reach an agreement to clear this balance they will continue to contact me by phone or letter so they advise that I contact them to resolve the matter, I take that as a threat of harassment!
06/10 SWID letter to MKRR.
22/10 letter from MKPD (15/10) account on hold while they liaise with the original creditor, they will get back to me. don't rush lad's
30/10 letter from MKPD (27/10) Final Response to my concerns.
They have raised my concerns with Barclays and they have confirmed that they do not have a record of an unresolved dispute on file as this was complied with when? I have only had a minute copy of some T&C that they say would of been in force when the account was opened, CSL never sent me a reply to my CCA request last year but they did cash the payment for it
they continue with what should be provided under S78 CCA ,A copy of the executed agreement (never received) any document referred to in it (er how would you know what was referred to in it, if you have never received it) and a statement of account which they say is; I owe £3,681.29 no breakdown of any payments made.

Due to the current status of my account the full outstanding balance is now due. We are currently unable to provide a copy of the credit agreement. We accept that we are therefore prevented from enforcing the agreement with you while this state of affairs continues.
Notwithstanding that we cannot currently enforce the agreement; our rights continue to exist under the agreement. you should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement reporting to CRA's and requesting payment from you,they refer to McGuffick v RBS (2009)
They say this completes their obligation under S 78 of the act and they request that I phone them to discuss my account
On this occasion they have been unable to uphold my claim but I do have the right to refer my concern to the FOS within 6 months

20/11 letter form Mkrr(13/11) we have still not received your offer of payment,coz i've not made one we can offer you an instalment arrangement to clear the outstanding balance, £0 a month is fine by me, we can only do this after speaking to you, won't get done then, Please call us to discuss ways we can help, stop asking for money and you won't be disappointed
if you don't contact us we may need to take further action to resolve this, have you read the last letter you sent me?

well since the last letter mkrr have tried to contact me by phone 6 times 3 times in one day on the 28/11 twice yesterday, not checked today's log yet,
now I know that they can make reasonable requests for payment as it is unenforceable till they find any paper work, but I stated quite clearly on the SWID letter i sent to them that I will not discuss any alleged accounts over the phone, all communication is to be in writing, any calls received will be logged by date and time and may be ,indeed in the past have been , used to make a formal complaint of harassment. I think 3 times in one day is harassment,
03/12/14 letter from MKRR dated 28/11/14 ,Please call us to avoid further action, further to our letter offering to help you clear this balance we have not received your offer of payment.not sent one Without your cooperation we cannot offer you any help to reduce this balance and may need to take further action which could involve litigation via the courts to recover this amount. This is something we wish to avoid so please contact us immediately so we can come to an agreement, I have a letter from MKPD that states that they cannot enforce the account as they cannot produce a copy of the agreement, mkrr have phoned 7 times in 3the last days
MKRR: must be a lonely office junior in charge as on checking our call log on the True call, they tried to call me 4 times on the 23rd and at 08,20 am on 24th (Christmas eve) maybe they were hoping to catch me before I sobered up, to get a Christmas tip off me.

JAN 2015
MKRR have sent 2 letters A FINAL WARNING and a we are sending it to KEYNES
MKDP have sent another letter saying they can't enforce as they cannot provide a copy of the agreement
Have started a separate thread here http://forums.all-about-debt.co.uk/showthread.php?16364-Barclaycard-MKRR-threatening-legal-action&p=467392#post467392.
Jan 17th, Notice of intended legal action from Keynes
Jan 19th Threat of Lit letter sent, added a few lines pointing out that;
They were assuming I had not been in contact with MKDP/MKRR, but that I had proof they had received my letters as I had the signature for them.
The last letter from MKRR had given me 7 days to reply but their letter was dated just 4 days later, so I was led to assume that they had no intention on giving me time to reply,
They stated that MKDP LLP had told them to start legal proceedings, yet if they had been in contact with MKDP, they would know that MKDP had themselves written to me twice saying the account was unenforceable as they could not produce a CCA
I enclosed copy of MKDP letter and asked them to confirm with their client that this was in fact the case
28th jan received this



25/09 statement of account from MKDP 0 payments made.

26/09 letter from MKRR following our recent communication regarding transfer of ownership of your balance, we have not received your offer of payments,
WE want to help and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking with you. Please call us to discus ways we can help.

Dear MKRR, please read the last letter your company (Compello Group) sent me in Jan

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

Barclays masterloan
start date 2002
ballance £6395
Defaulted 2004
Defaulted 2008

think the last payment could of been 2009. it was May 2009 I have found a statement of account from 2010,09th may 09 balance 6322.45 . 2010 balance 6322.45
passed to Debt managers ltd, in 2010, who threatened hell and high water if i didn't pay up.asked for CCA , DM wrote and said they were unable to obtain a copy of the agrement, passed back to barcs and have heard nothing since, not even had my £1 back!
2015
Ok had an email alert about a change in my credit file in Aug, it shows this loan as up to date??
emailed Equifax saying I had not recently taken a loan out with barclaycard so would they please remove it. I would not be contacting Barclays as I had no account information .
23/09 equifax say If I think this is fraud I am to contact Barclays fraud department,I am also to note the dispute notice they put on the file will be removed in 24 hours. I checked the file there isn't one on it!
I have emailed back now pointing out that if they check what they are reporting as accurate is a loan taken out in 2000, over 60 months, but is still upto date 15 years later cannot be correct,
Also they may like to ask Barclays how an account defaulted 16 years ago can now be up to date? and showing on a credit file,would they also ask them why when I SAR'd them some years back they sent no details of any loan account but stated they had sent all the information they held in my name.
have pointed out as the Data reporters they have a due diligence to check that what they are placing on my file is accurate, so would they tell me what checks they have made to see if the information they have is correct as I now need to look at taking legal advice over the incorrect data being recorded

pain in the chuffin arse. 3 rd time Barclays have done this, got it removed from the other accounts