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  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Barclaycard (2)
    CSL chasing /Robersway/mkpd
    started 1999
    ballance £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 micofiche copy of agreement bur T&C are illegable and only details of this account.
    have sent letter pointing out that I require all info held and an original legable copy of agreement

    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 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 experienceing financial difficulty please call us as we are happy to discuss your situation and how we can help resolve we're not realy 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 nessesary

    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 compleated 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 MKDP 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 MKDP LLP
    in the same envelope(same date) 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 MKDP LLP at the address in Milton Keynes
    , so whats happened to MK RR? which I take it are Milton Keynes Rabid Recovery's

    just noticed the ref on the Barclay headed paper is the same as the one MKDP have assigned to the account in their letter, so have come from the same place,
    will send SWID on Monday

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by SaltnVinegar View Post
    Don't worry about Arc Europe - despite their assurances that they have acted "within current collection legislation and guidance" give them enough rope to hang themselves and sooner or later you'll collect enough evidence to show that they don't.

    I had Arc Europe chase me over an AMEX account and collected enough evidence against them and their conduct that AMEX ended up paying a £1000+ 'goodwill' gesture after I made formal complaints against them.

    They also used to seem to have ambitions of being characters from Reservoir Dogs as I have letters from Mr Brown, Mr White and Mr Blue, though where Miss Pratt comes in to that scenario I'm not sure.
    Mine was from J Turner, the next one could be from Hooch?

    Leave a comment:


  • SaltnVinegar
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    so Nwide told them to threaten me with solicitors if I didn't send Arc a large payment and keep sending more? why didn't they do that themselves?
    It was not their intention to intimidate with such a statement as in their first letter ie; make a firm offer or we tell OUR solicitor to prepare court proceedings against you?
    these pillocks have got my back up!! (the fact I've just had a row with the bloke that came to service the boiler didn't help my mood either)
    Don't worry about Arc Europe - despite their assurances that they have acted "within current collection legislation and guidance" give them enough rope to hang themselves and sooner or later you'll collect enough evidence to show that they don't.

    I had Arc Europe chase me over an AMEX account and collected enough evidence against them and their conduct that AMEX ended up paying a £1000+ 'goodwill' gesture after I made formal complaints against them.

    They also used to seem to have ambitions of being characters from Reservoir Dogs as I have letters from Mr Brown, Mr White and Mr Blue, though where Miss Pratt comes in to that scenario I'm not sure.

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Nationwide cc
    still with OC
    start date 1998
    balance£8,254.44
    Defaulted April 2007
    prorata payments up to date
    His Nidship has deemed this thanks Niddy

    27/1/12. letter rec offering part settlement if i pay 25% in 14 days, will not have to pay the rest but will only report part settleed to CRA.don't think so!!
    08/2013 Don't all shout at me but realised I never sent for the CCA on this last year, nor did hubby stop the payments from his account. have done now
    CCA received and sent to His Niddyship but am thinking a missing T&C is in order
    all that they sent was, 2 photocopy's of a signed DD mandate dated 25/08/98 + 09/09/98, copy of signed application [think this was a flyer] with no T+C visible, leaflet of recent T+C

    02/09 missing prescribed terms letter sent

    09/09 letter from NCCS (05/09) in reply to my Missing PT+C, they say they have provided me with all the information relating to this account in there letter of the 20/08, and they are unable to supply me with any further information.
    I have provided them with no legal basis for disputing the amount owed in respect of the account and they are not willing to engage any longer in protracted correspondence with me. If i fail to make payments to the account Nationwide will enforce the debt in accordance with the Terms and conditions of the account (
    will this be the original T+C that they have not sent) I am to note that if I do not make the required payments and it becomes necessary for them to commence Court proceedings to recover the debt, they will seek costs of doing this from me. They recommend i seek advice from a firm of solicitors or CAB

    04/11 Letter from K.P.R.
    threatening hell and high water if I don't pay Formal Demand for Payment in big bold capital letters will hide until nasty person stops shouting NW collections has passed my account to them,it is important that the debt is repaid so please call 0845xxxxxx within 7 days cutting it fine letter is dated 29/10 NW is now considering taking legal proceedings to obtain a court judgement or decree against you.
    they go on to say costs would be added and that NW or one of its agents would look to enforce by one of the following options
    Charging order
    jointly owned so only a restriction
    warrant of execution will supply my own gallows
    Attachment of earnings
    I can be unemployed at any time
    Alternatively, your account may be referred to a specialist external DCA
    now your talking


    06/11 threat of litigation letter sent
    21/11 letter from nwide[18/11]they are sorry i have an issue with my cc account and thank me for telling them, they are investigating my concerns and hope to be in a position to issue their responce by 6/12, if not they will contact me to let me know, they enclose a how to complain leaflet
    11/12 letter from natwide [06/12]Dear Nightwatch, you may recall I wrote to you on 18/11/2013 promising to look into the difficulties you experienced with your. /??????
    My investigations are taking a little longer than anticipated because.
    ????????
    Thank you for your patience, I should be able to send you a final response by 30/12/1899.
    ????

    02/01/2014, letter from Nationwide [24/12/13] they thank me for my response to their letter of the 5/9/13 [missing PT]
    from my most recent correspondence he is aware that i feel the debt which is currently on my CC account is UE, He can confirm that the information I requested has been sent to me which is a true reflection of my account.


    He also notes that I requested them to send a photo copy of the signed CCA.When any documentation is received regarding an account they are scanned on to our electronic server, The copy sent to me previously would be the same as a photo copy of the original as per my request.
    As outlined in our previous letter I have the right to refer my complaint to the FOS, should I wish to I have till the 20th Feb 2014, which is 6 months to the date of our previous final response letter. A Smith

    13/01/14 letter from KPR[07/01] DISCOUNT ON OUTSTANDING BALANCE WITHOUT PREJUDICE
    We are able to offer you the opportunity to settle the debt by paying a significantly reduced one off discounted sum
    50p ?
    The benefits to you of doing this are:
    Nationwide or one of it's agents will not make a claim for a court judgment or decree against you
    Legal costs will not be added to the outstanding debt
    It will greatly improve your chances of obtaining future credit as we will update your credit file to reflect our
    amicable agreement don't want it updating, it's not showing on my credit file
    Your account will be closed and the remaining balance written off
    To take advantage of this offer please phone xxxxxxxto discuss what discount is available, this offer will remain open for 7 DAYS 0nly. If the debt remains outstanding you will receive a Final Notice demanding payment of the full balance
    why is it always 7 days, only gives me till tomorrow

    25/01 letter from KPR dated 21st, FINAL NOTICE,

    we recently advised you of our involvement in the recovery of your debt [jan 2012]
    you failed to take the action requested in our previous correspondence

    Your debt has now become a priority case and I cannot allow this to continue
    You must call me within the next 7 days with an acceptable offer to repay the outstanding balance
    If you do no not I will refer your account to a debt collection agency to pursue you for this outstanding debt,
    wonder if she has a whip??

    22/02, undated letter from Nationwide,Management of your account will now be carried out on our behalf by............Fredrickson International Ltd
    You will need to ensure all communications are made directly with them in the future,
    Will await the begging letter from Freds
    07/03 have received the YOU MUST CONTACT US NOW ON 0845 xxxxxxx letter from freds, decided to wait for the next letter from freds

    13/03, letter from freds dated 11/03/14, Freds have decided to go in for the kill as they have sent a LBA and they want the money IN FULL with in the next 7 days otherwise they will take IMMEDIATE ACTION, i quote
    "There remains a balance outstanding on this acount and legal action is now being considered. Should it be necessary to issue proceedings in the county court (or Sheriffs Court) further additional costs will be added to the outstanding balance, they go on to list costs, and if a judgement or Decree is obtained and remains unsatisfied a bailiff or sheriff officer may be instructed to recover assets to discharge the outstanding debt,
    do they not have to go to court and win first?
    they continue, A judgement debt or Decree against you would seriously affect your ability to obtain credit in the future.
    for your convenience we offer a variety of ways to pay see reverse of letter or go to fredpay.com

    well the cheeky boogars have just put a new default on my credit file the original only came off in may last year!!

    21/03/14 Freds have put the account on hold while they contact 'their client' and will get back to me
    28/03letter to Nationwide, telling them to remove the default registered with the CRAs as they had already defaulted the account and it had only just fallen off in April/May of 2013, they were to treat the letter as a formal complaint
    29/04 letter to nationwide complaining about my Ignored Formal complaint
    15/05 reply to my complaint, dated 09/05, they are sorry I have had to complain, they are looking into it and should be able to give me a reply by 22/05/2014
    17/05 letter from Nwide (14/05) they are investigating my concerns and will be in a position to issue a response by June 4th 2014
    well at least that's THIS century
    30/05 letter from Nwide (28/05) from Mr A D,
    Dear Mrs nightwatch, I am writing regarding your recent complaint with Nationwide regarding your credit card. In order to fully investigate your account and your concerns I need You to contact me using the above details in order to discuss the outstanding balance and your intention to clear the debt
    once you contact me I hope to be in a position to issue our final response by 4 june 2014
    05/07 letter received they are removing the 2nd DN and would like to send me £150 quid, If I would like to discuss repayment of the account I am to contact Fredriksons,
    I have already had confirmation that this DN HAS been removed from Experian who also apologised for not getting back to me sooner
    06/09 letter on Nwide headed paper, but envelope has a Walton on Thames post mark,they are letting me know that the management of my account will now be carried out on their behalf by ARC (europe)ltd, who are based in Walton on Thames. I need to ensure that all contact is is made directly with them in future'
    17/09 call from ARC but they asked for a mrs nitwitcher so I said no one here by that name and hung up, number will now be zapped by the truecall
    18/09 letter from ARC dated 15th, this account has now been passed to us for collection as our client has been unable to obtain payment of the outstanding amount from you
    we wish to make it quite clear that unless a substantial payment is made to us within the next 10 days, along with a firm offer to clear the rest of the overdue balance, we may pass your account to our solicitors, with instructions to prepare court proceedings against you.
    if they are only dealing with this account on behalf of NWide is it not NWide that have to issue proceedings?
    you can make secure payments to ARC 24 hours a day with your Debit or CREDIT CARD on our website or by phoning our automated payment hotline on 0845 0268889
    premium rate call
    22/09 SWID letter sent to ARC, added a paragraph telling them that I thought the tone of their introductory letter , demanding an immediate payment of a substantial amount, and court action should further payments not be forthcoming,was both Intimidating and harassing,with out first finding out they had the correct person.also asked if they were acting for Nwide or had they bought the account?
    also made it clear that all communication was to be in writing and my number was to be removed from their data and, I did not give my permission for anyone to call at the property to discuss the alleged debt .

    25/09 letter from ARC, "please note we are a debt collection agent, acting in good faith on the instructions received from Nwide, We have been instructed by our client to manage your account and we are therefore authorised to contact you in connection with the above matter and to instruct solicitors in contemplation of court proceedings where we consider it appropriate to do so.We have acted in accordance with our clients instructions and within current collection legislation and guidance, we reserve the right to produce our correspondence to any tribunal, regulatory body or investigating authority to prove our compliance and good conduct in this matter.
    We are sorry to learn that you find the tone of our letter intimidating and harassing. We can assure you that this is not our intention and we are committed to resolving this matter amicably. We are unaware of an outstanding document request. Please be advised that the account is on hold, as we have passed your comments to our client and are awaiting their reply, we will contact you again when we have their reply
    so Nwide told them to threaten me with solicitors if I didn't send Arc a large payment and keep sending more? why didn't they do that themselves?
    It was not their intention to intimidate with such a statement as in their first letter ie; make a firm offer or we tell OUR solicitor to prepare court proceedings against you?
    these pillocks have got my back up!! (the fact I've just had a row with the bloke that came to service the boiler didn't help my mood either)

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Nationwide cc
    still with OC
    start date 1998
    balance£8,254.44
    Defaulted April 2007
    prorata payments up to date
    His Nidship has deemed this thanks Niddy

    27/1/12. letter rec offering part settlement if i pay 25% in 14 days, will not have to pay the rest but will only report part settleed to CRA.don't think so!!
    08/2013 Don't all shout at me but realised I never sent for the CCA on this last year, nor did hubby stop the payments from his account. have done now
    CCA received and sent to His Niddyship but am thinking a missing T&C is in order
    all that they sent was, 2 photocopy's of a signed DD mandate dated 25/08/98 + 09/09/98, copy of signed application [think this was a flyer] with no T+C visible, leaflet of recent T+C

    02/09 missing prescribed terms letter sent

    09/09 letter from NCCS (05/09) in reply to my Missing PT+C, they say they have provided me with all the information relating to this account in there letter of the 20/08, and they are unable to supply me with any further information.
    I have provided them with no legal basis for disputing the amount owed in respect of the account and they are not willing to engage any longer in protracted correspondence with me. If i fail to make payments to the account Nationwide will enforce the debt in accordance with the Terms and conditions of the account (
    will this be the original T+C that they have not sent) I am to note that if I do not make the required payments and it becomes necessary for them to commence Court proceedings to recover the debt, they will seek costs of doing this from me. They recommend i seek advice from a firm of solicitors or CAB

    04/11 Letter from K.P.R.
    threatening hell and high water if I don't pay Formal Demand for Payment in big bold capital letters will hide until nasty person stops shouting NW collections has passed my account to them,it is important that the debt is repaid so please call 0845xxxxxx within 7 days cutting it fine letter is dated 29/10 NW is now considering taking legal proceedings to obtain a court judgement or decree against you.
    they go on to say costs would be added and that NW or one of its agents would look to enforce by one of the following options
    Charging order
    jointly owned so only a restriction
    warrant of execution will supply my own gallows
    Attachment of earnings
    I can be unemployed at any time
    Alternatively, your account may be referred to a specialist external DCA
    now your talking


    06/11 threat of litigation letter sent
    21/11 letter from nwide[18/11]they are sorry i have an issue with my cc account and thank me for telling them, they are investigating my concerns and hope to be in a position to issue their responce by 6/12, if not they will contact me to let me know, they enclose a how to complain leaflet
    11/12 letter from natwide [06/12]Dear Nightwatch, you may recall I wrote to you on 18/11/2013 promising to look into the difficulties you experienced with your. /??????
    My investigations are taking a little longer than anticipated because.
    ????????
    Thank you for your patience, I should be able to send you a final response by 30/12/1899.
    ????

    02/01/2014, letter from Nationwide [24/12/13] they thank me for my response to their letter of the 5/9/13 [missing PT]
    from my most recent correspondence he is aware that i feel the debt which is currently on my CC account is UE, He can confirm that the information I requested has been sent to me which is a true reflection of my account.


    He also notes that I requested them to send a photo copy of the signed CCA.When any documentation is received regarding an account they are scanned on to our electronic server, The copy sent to me previously would be the same as a photo copy of the original as per my request.
    As outlined in our previous letter I have the right to refer my complaint to the FOS, should I wish to I have till the 20th Feb 2014, which is 6 months to the date of our previous final response letter. A Smith

    13/01/14 letter from KPR[07/01] DISCOUNT ON OUTSTANDING BALANCE WITHOUT PREJUDICE
    We are able to offer you the opportunity to settle the debt by paying a significantly reduced one off discounted sum
    50p ?
    The benefits to you of doing this are:
    Nationwide or one of it's agents will not make a claim for a court judgment or decree against you
    Legal costs will not be added to the outstanding debt
    It will greatly improve your chances of obtaining future credit as we will update your credit file to reflect our
    amicable agreement don't want it updating, it's not showing on my credit file
    Your account will be closed and the remaining balance written off
    To take advantage of this offer please phone xxxxxxxto discuss what discount is available, this offer will remain open for 7 DAYS 0nly. If the debt remains outstanding you will receive a Final Notice demanding payment of the full balance
    why is it always 7 days, only gives me till tomorrow

    25/01 letter from KPR dated 21st, FINAL NOTICE,

    we recently advised you of our involvement in the recovery of your debt [jan 2012]
    you failed to take the action requested in our previous correspondence

    Your debt has now become a priority case and I cannot allow this to continue
    You must call me within the next 7 days with an acceptable offer to repay the outstanding balance
    If you do no not I will refer your account to a debt collection agency to pursue you for this outstanding debt,
    wonder if she has a whip??

    22/02, undated letter from Nationwide,Management of your account will now be carried out on our behalf by............Fredrickson International Ltd
    You will need to ensure all communications are made directly with them in the future,
    Will await the begging letter from Freds
    07/03 have received the YOU MUST CONTACT US NOW ON 0845 xxxxxxx letter from freds, decided to wait for the next letter from freds

    13/03, letter from freds dated 11/03/14, Freds have decided to go in for the kill as they have sent a LBA and they want the money IN FULL with in the next 7 days otherwise they will take IMMEDIATE ACTION, i quote
    "There remains a balance outstanding on this acount and legal action is now being considered. Should it be necessary to issue proceedings in the county court (or Sheriffs Court) further additional costs will be added to the outstanding balance, they go on to list costs, and if a judgement or Decree is obtained and remains unsatisfied a bailiff or sheriff officer may be instructed to recover assets to discharge the outstanding debt,
    do they not have to go to court and win first?
    they continue, A judgement debt or Decree against you would seriously affect your ability to obtain credit in the future.
    for your convenience we offer a variety of ways to pay see reverse of letter or go to fredpay.com

    well the cheeky boogars have just put a new default on my credit file the original only came off in may last year!!

    21/03/14 Freds have put the account on hold while they contact 'their client' and will get back to me
    28/03letter to Nationwide, telling them to remove the default registered with the CRAs as they had already defaulted the account and it had only just fallen off in April/May of 2013, they were to treat the letter as a formal complaint
    29/04 letter to nationwide complaining about my Ignored Formal complaint
    15/05 reply to my complaint, dated 09/05, they are sorry I have had to complain, they are looking into it and should be able to give me a reply by 22/05/2014
    17/05 letter from Nwide (14/05) they are investigating my concerns and will be in a position to issue a response by June 4th 2014
    well at least that's THIS century
    30/05 letter from Nwide (28/05) from Mr A D,
    Dear Mrs nightwatch, I am writing regarding your recent complaint with Nationwide regarding your credit card. In order to fully investigate your account and your concerns I need You to contact me using the above details in order to discuss the outstanding balance and your intention to clear the debt
    once you contact me I hope to be in a position to issue our final response by 4 june 2014
    05/07 letter received they are removing the 2nd DN and would like to send me £150 quid, If I would like to discuss repayment of the account I am to contact Fredriksons,
    I have already had confirmation that this DN HAS been removed from Experian who also apologised for not getting back to me sooner
    06/09 letter on Nwide headed paper, but envelope has a Walton on Thames post mark,they are letting me know that the management of my account will now be carried out on their behalf by ARC (europe)ltd, who are based in Walton on Thames. I need to ensure that all contact is is made directly with them in future'
    17/09 call from ARC but they asked for a mrs nitwitcher so I said no one here by that name and hung up, number will now be zapped by the truecall
    18/09 letter from ARC dated 15th, this account has now been passed to us for collection as our client has been unable to obtain payment of the outstanding amount from you
    we wish to make it quite clear that unless a substantial payment is made to us within the next 10 days, along with a firm offer to clear the rest of the overdue balance, we may pass your account to our solicitors, with instructions to prepare court proceedings against you.
    if they are only dealing with this account on behalf of NWide is it not NWide that have to issue proceedings?
    you can make secure payments to ARC 24 hours a day with your Debit or CREDIT CARD on our website or by phoning our automated payment hotline on 0845 0268889
    premium rate call


    I will send SWID letter but may add an opening paragraph ie;
    Dear Another Redundant Collector
    Thank you for your letter of introduction which I found quite threatening, intimidating, and going against the code of debt collecton practice as outlined buy the FCA/FSA, You have automatically assumed that I have an alleged debt with your client without checking if I am indeed the person you require or if there may be a dispute with the Alleged account, you have also demanded in your letter for a substantial payment to be made on a premium rate number using a Credit card, again this is against the debt collectors guidance code,
    You then threaten passing the account to your solicitors, unless you have the correct facts, have tried other means of negotiation, and OWN the debt this can be seen as a form of harassment, which I am lead to understand if frowned upon by the courts themselves,
    so ,I wish to make it clear that if proceedings are issued then a copy of your introductory letter will be used as evidence of your intimidating behavior.
    Please also note I do not divulge personal details over the phone so any and all communication is to be in writing only.
    I also log and record all calls received which, may be, indeed have been, used as evidence of harassment.
    I draw you attention to the following (cont with SWID)

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Nationwide cc
    still with OC
    start date 1998
    balance£8,254.44
    Defaulted April 2007
    prorata payments up to date
    His Nidship has deemed this thanks Niddy

    27/1/12. letter rec offering part settlement if i pay 25% in 14 days, will not have to pay the rest but will only report part settleed to CRA.don't think so!!
    08/2013 Don't all shout at me but realised I never sent for the CCA on this last year, nor did hubby stop the payments from his account. have done now
    CCA received and sent to His Niddyship but am thinking a missing T&C is in order
    all that they sent was, 2 photocopy's of a signed DD mandate dated 25/08/98 + 09/09/98, copy of signed application [think this was a flyer] with no T+C visible, leaflet of recent T+C

    02/09 missing prescribed terms letter sent

    09/09 letter from NCCS (05/09) in reply to my Missing PT+C, they say they have provided me with all the information relating to this account in there letter of the 20/08, and they are unable to supply me with any further information.
    I have provided them with no legal basis for disputing the amount owed in respect of the account and they are not willing to engage any longer in protracted correspondence with me. If i fail to make payments to the account Nationwide will enforce the debt in accordance with the Terms and conditions of the account (
    will this be the original T+C that they have not sent) I am to note that if I do not make the required payments and it becomes necessary for them to commence Court proceedings to recover the debt, they will seek costs of doing this from me. They recommend i seek advice from a firm of solicitors or CAB

    04/11 Letter from K.P.R.
    threatening hell and high water if I don't pay Formal Demand for Payment in big bold capital letters will hide until nasty person stops shouting NW collections has passed my account to them,it is important that the debt is repaid so please call 0845xxxxxx within 7 days cutting it fine letter is dated 29/10 NW is now considering taking legal proceedings to obtain a court judgement or decree against you.
    they go on to say costs would be added and that NW or one of its agents would look to enforce by one of the following options
    Charging order
    jointly owned so only a restriction
    warrant of execution will supply my own gallows
    Attachment of earnings
    I can be unemployed at any time
    Alternatively, your account may be referred to a specialist external DCA
    now your talking


    06/11 threat of litigation letter sent
    21/11 letter from nwide[18/11]they are sorry i have an issue with my cc account and thank me for telling them, they are investigating my concerns and hope to be in a position to issue their responce by 6/12, if not they will contact me to let me know, they enclose a how to complain leaflet
    11/12 letter from natwide [06/12]Dear Nightwatch, you may recall I wrote to you on 18/11/2013 promising to look into the difficulties you experienced with your. /??????
    My investigations are taking a little longer than anticipated because.
    ????????
    Thank you for your patience, I should be able to send you a final response by 30/12/1899.
    ????

    02/01/2014, letter from Nationwide [24/12/13] they thank me for my response to their letter of the 5/9/13 [missing PT]
    from my most recent correspondence he is aware that i feel the debt which is currently on my CC account is UE, He can confirm that the information I requested has been sent to me which is a true reflection of my account.


    He also notes that I requested them to send a photo copy of the signed CCA.When any documentation is received regarding an account they are scanned on to our electronic server, The copy sent to me previously would be the same as a photo copy of the original as per my request.
    As outlined in our previous letter I have the right to refer my complaint to the FOS, should I wish to I have till the 20th Feb 2014, which is 6 months to the date of our previous final response letter. A Smith

    13/01/14 letter from KPR[07/01] DISCOUNT ON OUTSTANDING BALANCE WITHOUT PREJUDICE
    We are able to offer you the opportunity to settle the debt by paying a significantly reduced one off discounted sum
    50p ?
    The benefits to you of doing this are:
    Nationwide or one of it's agents will not make a claim for a court judgment or decree against you
    Legal costs will not be added to the outstanding debt
    It will greatly improve your chances of obtaining future credit as we will update your credit file to reflect our
    amicable agreement don't want it updating, it's not showing on my credit file
    Your account will be closed and the remaining balance written off
    To take advantage of this offer please phone xxxxxxxto discuss what discount is available, this offer will remain open for 7 DAYS 0nly. If the debt remains outstanding you will receive a Final Notice demanding payment of the full balance
    why is it always 7 days, only gives me till tomorrow

    25/01 letter from KPR dated 21st, FINAL NOTICE,

    we recently advised you of our involvement in the recovery of your debt [jan 2012]
    you failed to take the action requested in our previous correspondence

    Your debt has now become a priority case and I cannot allow this to continue
    You must call me within the next 7 days with an acceptable offer to repay the outstanding balance
    If you do no not I will refer your account to a debt collection agency to pursue you for this outstanding debt,
    wonder if she has a whip??

    22/02, undated letter from Nationwide,Management of your account will now be carried out on our behalf by............Fredrickson International Ltd
    You will need to ensure all communications are made directly with them in the future,
    Will await the begging letter from Freds
    07/03 have received the YOU MUST CONTACT US NOW ON 0845 xxxxxxx letter from freds, decided to wait for the next letter from freds

    13/03, letter from freds dated 11/03/14, Freds have decided to go in for the kill as they have sent a LBA and they want the money IN FULL with in the next 7 days otherwise they will take IMMEDIATE ACTION, i quote
    "There remains a balance outstanding on this acount and legal action is now being considered. Should it be necessary to issue proceedings in the county court (or Sheriffs Court) further additional costs will be added to the outstanding balance, they go on to list costs, and if a judgement or Decree is obtained and remains unsatisfied a bailiff or sheriff officer may be instructed to recover assets to discharge the outstanding debt,
    do they not have to go to court and win first?
    they continue, A judgement debt or Decree against you would seriously affect your ability to obtain credit in the future.
    for your convenience we offer a variety of ways to pay see reverse of letter or go to fredpay.com

    well the cheeky boogars have just put a new default on my credit file the original only came off in may last year!!

    21/03/14 Freds have put the account on hold while they contact 'their client' and will get back to me
    28/03letter to Nationwide, telling them to remove the default registered with the CRAs as they had already defaulted the account and it had only just fallen off in April/May of 2013, they were to treat the letter as a formal complaint
    29/04 letter to nationwide complaining about my Ignored Formal complaint
    15/05 reply to my complaint, dated 09/05, they are sorry I have had to complain, they are looking into it and should be able to give me a reply by 22/05/2014
    17/05 letter from Nwide (14/05) they are investigating my concerns and will be in a position to issue a response by June 4th 2014
    well at least that's THIS century
    30/05 letter from Nwide (28/05) from Mr A D,
    Dear Mrs nightwatch, I am writing regarding your recent complaint with Nationwide regarding your credit card. In order to fully investigate your account and your concerns I need You to contact me using the above details in order to discuss the outstanding balance and your intention to clear the debt
    once you contact me I hope to be in a position to issue our final response by 4 june 2014
    05/07 letter received they are removing the 2nd DN and would like to send me £150 quid, If I would like to discuss repayment of the account I am to contact Fredriksons,
    I have already had confirmation that this DN HAS been removed from Experian who also apologised for not getting back to me sooner
    06/09 letter on Nwide headed paper, but envelope has a Walton on Thames post mark,they are letting me know that the management of my account will now be carried out on their behalf by ARC (europe)ltd, who are based in Walton on Thames. I need to ensure that all contact is is made directly with them in future.

    they have given me ARC contact details but I will wait and see what they send first.

    Leave a comment:


  • MrsD
    replied
    Re: Nightwatch & Hubbys Diary of debt

    I would do them a one liner just referring them to your last letter, remember marlin can be tricksy buggers

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Tsb trustcard/lloyds cc
    still with OC
    start date 1978
    taken over by Lloyds 1982
    ballance £5662.27
    defaulted 2002
    have just stopped payment as niddy says
    26/04 letter from Ltsb "your repayments are in arrears and a payment of £12.00 is required" to avoid further action all payments should be made on the due date agreed.

    29/05 Letter from Credit Security Ltd, re Lloyds Tsb, they have been instructed by our client to recover the outstanding debt

    to clarify this account, we sent for a CCA,2010, we had back just T&C nothing to link it to the account, and a letter stating that as the account was so old they did'nt have to send a copy of the agreement, but we would have signed one and they will look.
    sent a letter under CPUTR asking if they had an agreement or not, replied that we would have signed one and will send it when found, Final responce
    SAR sent in the middle is a couple of emails sent to recoberys and back
    1, out: client asks for agreement
    2,rep: cannot be found, not req from central storage and recoverys as account before the system was started

    11/06 letter from Credit security ltd(8/6), they cannot trace receipt of our reply to their recent letter thats coz i diddn't send one
    they DEMAND that the sum stated be sent direct to their office IMMEDIATELY using the pay slip attached
    failure to do so 'could' result in a DEBT COLLECTOR calling upon us, or the account being refered for legal action
    they have still not stated if they have been assigned or sold this account
    25/06 letter from Cred sec ltd, dated 22/06, " Dear Mr Nightwatch. You have chosen to disreguard our and our clients previous letters.so they noticed
    we do not intend to remind you of your obligations to repay monies owed. then stop sending me letters
    If we do not receive a payment and payment proposal within 7 days our DOORSTEP COLLECTOR will be instructed to call upon you for payment the last doorstep collector took it
    If payment is not forthcoming we will refer the account to our client with a recommendation for LEGAL ACTION as stated in our previous letter.

    letter dated 06/07 from credit security following their recent communication they are pleased to inform us that their client is willing to accept the dum of £4246.70 providing its paid by the 16/07, this will be accepted as partial payment in full and final settlement of the account and the credit file will be updated accordingly.

    now to take advantage of this 25% reduction I only have to find £4246.50 (I have 20p) and have it at their office together with the attached slip at the bottom of the letter, no later than MONDAY 16/07/2012

    letter dated 09/10/12 from Apex Credit Management,Re Lloyds TSB.it is still with CSL as far as i know? Their client is aware of the difficult financial circumstances that a number of their customers are currently experiencing. must be a lot of us not paying!
    as a result they have been authorised to consider a discounted settlement figure against the debt and may be able to offer a substantial discount on the balance, wonder if its any better than the 25% CSL were offering? they would like to explore this option with us, new one on me BUT, it is only available for a period of 10 days from the date of the letter. pity i'm sure it will take me longer to explore my options
    To confirm eligibility and take advantage of this enchanced opportunity to clear this debt,we are to contact them without delay, will have a think about that ???? errrrm NO

    24/10 letter from apex,( 22/10/12) they are dissapointed that despite their efforts to contact (us twice a day by phone) we have failed to reach any agreement with them, they think we are simply avoiding paying this debt and they must therefore act in the best intrest of their client???
    they apparently use !! External Data sources to profile our accounts and believe that you have the abillity to make payments on this account.
    Consequently our account will be passed to their internal litigation team in order to consider the best course of action for recovery of the debt outstanding, This MAY include legal action to obtain a CCJ which we may then seek to enforce by way of a charging order or attachment to earnings application.
    contact us to prevent further action on this account.WE can take control of our finanices by taking positive action.
    will send Sold while in dispute on monday sent
    01/11 letter from Apex (31/10)They are sorry to learn that we have had to raise concerns about the account, they will be conducting a thorough investigation into our concerns, When it is complete they will contact us again.
    they enclosed a copy of their complaints procedure

    17/11 rather long letter from Apex,So to condense it. Reply to sold in dispute letter. they have been in contact with their client who state, they have no record on their system of receiving a CCA request or the £1.00 fee, they have asked that we contact them with a copy of our CCA request and proof that they cashed the £1.00 fee. This was sent in 2010 and shows on a SAR asked for in 2011
    they then waffle on about carey and Judge Wacksman stating that the debtor has a legitimate interest in seeing a copy of the agreement he signed, not in the sense of proof of execution, but as information
    Under their complaints procedure this is their final responce and they have placed the account on hold for 28 days for us to contact Lloyds with the paperwork requested

    8/12 Statement of account from LLoyds but with Apex ref and address on it, showing the last payment in dec 2011, Will be sending letter to Apex monday, stating the CCA was requested in 2010 and it was responded to by Lloyds, who assured me that we would of signed an agreement, and said they would send me a copy when they find it . also pointing out that their final response is a pile off crap as I had not made a formal complaint to them.

    11/12 letter sent to apex, pointing out that the cca request was sent in 2010 and lloyds responded to it,also pointed out that the reply from lloyds to my cputr letter said, that we would of signed an agreement and they will send it when found, i am still waiting,
    21/12 letter from apex 19/12, they seem to be back-tracking a touch. they point out that lloyds are the legal owners and they are only acting under instruction from lloyds to recover the debt. as such they are dependant upon the quality of information supplied by lloyds
    they reiterate that lloyds cannot find any request made by us nor can they locate having received the £1.00 fee.
    they have re-refered the account back to lloyds to request they recall the account as they do not believe they can facilitate a mutually benificial arrangement on it
    2013

    27/04; letter with Lloyds TSB logo on posted on 25/04 but, it came in a robson way envelope and the address header on the letter is PO box 66, Rosyth ? when did the account move to Scotland
    any way they go on to say;- As we havent been able to agree a suitable repayment plan, we have transferred your CC account to Robbers way they have been instructed to arrange collection of the outstanding amount WE are to contact RW asap to arrange to payback the outstanding balance cheeky boogars want us to do their job. they'll wait a long time,
    1/05 letter from robbing ways(29/04) we have to pay them the outstanding balance without delay. If we do not pay or agree a repayment play they MAY advise their client to start court Proceedings, If a court considers our failure to pay to be due to neglect an order to pay may be made. they go on to list what May happen if we get an order to pay and we don't. they also point out that ' this account may continue to be a worry for us
    letter sent to RW thanking them for their threatening letter of introduction and pointing out that the said account has been in dispute since 2011
    14/05 letter from RW dated 13/05 headed Immediate action required, I am to call them without delay to pay by my card ? do they take Nectar points ? If we fail to pay further action MAY be taken to recover the amount due etc etc etc...
    will ignore as they signed for my SWID letter yesterday
    24/05 letter from robbingways(23/05) they would like us to note that ,they note our dispute/query we have raised. They will make all the necessary inquireies and let us know the outcome in due course. They will stop all collection activity for this account for now. If they can be of any further assistance we are to let them know do they do gardens or decorating free ?
    6/6 letter from Robbing ways(3/6)In response to our recent contact, their client(lloyds) has advised them that require us to forward a copy of our CCA request to enable further investigation. they will hold our account for 14 days
    will send letter pointing out CCa was sent in 2010 was replied to with, 'You would of signed an agreement and they will send it when found'
    as was the CPUTR letter, and that I am still waiting


    Well set letter to robbing ways pointing out when CCA was sent and the reply received, also pointed out that the reply to my CPUTR was the same as the CCA request' you would of signed an agreement when we find it we will send it' and that I am STILL waiting for the copy of the "signed agreement" and I suggested that they found someone that could actually read and understand the contents of letters sent them.

    22/08 letter from Robbersway.In resonse to your recent contact, our client has confirmed that the CCA request has been actioned and sent to you directly. we trust this resolves your query and we now require your offer of payment within 14 days.

    Now as lloyds had no recolection of the original CCA request, It will be interesting to see what they send, last time it was just typed T&C with Hubbys name and this Address on( we weren't living here when he took out the card) and a sentance at the end of the letter stating he would of signed a CCA on taking out the card,as that is the banks policy, and a copy will be sent as soon as they find it.


    Letter from RW Your account remains unpaid despite previous attempts to contact you blah blah blah, contact us to arrange an affordable repayment plan

    23/09 letter from Robbersway(20/09) Your account is due to be passed to drysdenfx in the next 10 days, who will contact you to discuss repayment of this account and agree an affordable arrangement. To avoid this please contact us so we can discuss your current circumstances and agree an affordable repayment plan with you

    14/10
    read my last letter, no CCA received my position not changed, letter sent to RW

    17/10 letter from DFX (14/10)they have been instructed by RW, they would like me to pay RW, I am to contact RW,no ruddy way
    26/10 letter from dsfax they urge me to deal with this outstanding debt immediately by contacting their clients agent RW ? I thought RW were their client? shall ignore for now as RW not responded to my reminder letter
    28/10 letter from RW account on hold

    11/12 letter from lloyds.[09/12] they thank us for letting them know about the issue we have with our CC

    they understand we believe that as they have been unable to provide a copy of your credit agreement they cannot enforce collection of this debt, and can see from their records that a copy has been requested on a number of occasions
    for the avoidance of doubt, the CCA 1974 does not prohibit collection activity when an account is in dispute.Even if the agreement was unenforceable, which we dispute, this would only prevent the bank from seeking recovery of the debt through the court, it does not extinguish the legal effect of the contract. as such we will continue to to persue collection of the account balance
    They accept that we have made many requests since that time for a copy of our agreement and they have let us down by not informing us that they are UNABLE to supply this and appologise for the inconvenience caused,
    In an effort to put this right they woudls like to offer us £60, £10 for call costs+ £50 for the inconvenience caused
    if we would like to accept this we are to CALL 0800xxxxxxx at our earliest convenience
    they continue about contacting the FOS if we are unhappy now while we would like the £60 we do not want to call them so do you think we should accept it in writing and also ask them again to remove the AP markers and the 2nd default from the CRAs
    Jan 2014 £60 received from Lloyds

    20/02 statement of account received from Lloyds

    26/07/14, letter from Lloyds,dated 18/07/14, they have assigned this debt to Cabot as of 24/06/14.NOA enclosed, Cabot have appointed Marlin to manage the the account,

    so LLoyds have passed the debt to Cabot who are now the data controller, who have passed the leg work to marlin who have enclosed a letter of introduction dated 18/07/14 asking me to contact them in the next 5 days
    08/08/14 letter from Marlin they have been passed the debt to recover and need to speak to us to arrange a repayment plan.We should contact them in the next 5 days to arrange to settle the outstanding debt, we are to phone them on 0333xxxxxxx or fill in the Statement of Means form on the reverse of the letter and send it back.
    will send ue no CCA and copy of Lloyds letter saying so (not sent)

    22/08 letter from Marlin .Dear Sir/Madam. this is hubbys account, do you think they know I deal with it? We have written to you a number of times (once)but received no response correct Because you have not contacted us to organise a mutually agreeable repayment plan, we are now considering advising our client (Cabot)to take further action to recover your debt. oh go on, go on, go on,
    if you do not contact us urgently within the next 7 days one of the following actions MAY be taken sharp intake of breath
    1. A solicitor being instructed to determine whether our client should consider the commencement of legal action to seek recovery of your debt via the county court. You will be provided with more information of the legal process if this course is taken certainly will Legalese
    2. A field agent being instructed to make an appointment to visit you at your home to put you back in touch with us so we can discuss your curcumstances with a view to agreeing an affordable repayment plan. I live surrounded by fields, never knew they had an agent, as I was never in touch why would i need to re-connect (very 60's)hubby would just tell him to talk to me
    3. An alternative debt collection agency being instructed to collect your outstanding debt, wow now thats scary let me get my piggy bank
    to avoid any of the above listed actions please contact us. OHHh do I have to
    29/08 UE no CCA letter sent
    04/09 letter from Marlin(28/08) as you have been unable to agree a reasonable repayment plan for your above debt, your account wll now be referred to our clients solicitors,to review your file andDetermine whether our client should commence legal action against you, To prevent such action you must contact us to agree an acceptable repayment proposal within the next 5 days. well as the letter is dated the 28/08 and i didn't get it till 04/09 looks like i'm already out of time
    This is a serious matter and you may incur legal costs on your account if successful legal action is taken against you. We therefore look forward to hearing from you on 0333 xxxxxxx
    sorry to dissapoint.. not
    they can't work out postage delivery times this lot can they, they ?
    will hold fire for now as they would have sent the letter before receiving mine,

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Tsb trustcard/lloyds cc
    still with OC
    start date 1978
    taken over by Lloyds 1982
    ballance £5662.27
    defaulted 2002
    have just stopped payment as niddy says
    26/04 letter from Ltsb "your repayments are in arrears and a payment of £12.00 is required" to avoid further action all payments should be made on the due date agreed.

    29/05 Letter from Credit Security Ltd, re Lloyds Tsb, they have been instructed by our client to recover the outstanding debt

    to clarify this account, we sent for a CCA,2010, we had back just T&C nothing to link it to the account, and a letter stating that as the account was so old they did'nt have to send a copy of the agreement, but we would have signed one and they will look.
    sent a letter under CPUTR asking if they had an agreement or not, replied that we would have signed one and will send it when found, Final responce
    SAR sent in the middle is a couple of emails sent to recoberys and back
    1, out: client asks for agreement
    2,rep: cannot be found, not req from central storage and recoverys as account before the system was started

    11/06 letter from Credit security ltd(8/6), they cannot trace receipt of our reply to their recent letter thats coz i diddn't send one
    they DEMAND that the sum stated be sent direct to their office IMMEDIATELY using the pay slip attached
    failure to do so 'could' result in a DEBT COLLECTOR calling upon us, or the account being refered for legal action
    they have still not stated if they have been assigned or sold this account
    25/06 letter from Cred sec ltd, dated 22/06, " Dear Mr Nightwatch. You have chosen to disreguard our and our clients previous letters.so they noticed
    we do not intend to remind you of your obligations to repay monies owed. then stop sending me letters
    If we do not receive a payment and payment proposal within 7 days our DOORSTEP COLLECTOR will be instructed to call upon you for payment the last doorstep collector took it
    If payment is not forthcoming we will refer the account to our client with a recommendation for LEGAL ACTION as stated in our previous letter.

    letter dated 06/07 from credit security following their recent communication they are pleased to inform us that their client is willing to accept the dum of £4246.70 providing its paid by the 16/07, this will be accepted as partial payment in full and final settlement of the account and the credit file will be updated accordingly.

    now to take advantage of this 25% reduction I only have to find £4246.50 (I have 20p) and have it at their office together with the attached slip at the bottom of the letter, no later than MONDAY 16/07/2012

    letter dated 09/10/12 from Apex Credit Management,Re Lloyds TSB.it is still with CSL as far as i know? Their client is aware of the difficult financial circumstances that a number of their customers are currently experiencing. must be a lot of us not paying!
    as a result they have been authorised to consider a discounted settlement figure against the debt and may be able to offer a substantial discount on the balance, wonder if its any better than the 25% CSL were offering? they would like to explore this option with us, new one on me BUT, it is only available for a period of 10 days from the date of the letter. pity i'm sure it will take me longer to explore my options
    To confirm eligibility and take advantage of this enchanced opportunity to clear this debt,we are to contact them without delay, will have a think about that ???? errrrm NO

    24/10 letter from apex,( 22/10/12) they are dissapointed that despite their efforts to contact (us twice a day by phone) we have failed to reach any agreement with them, they think we are simply avoiding paying this debt and they must therefore act in the best intrest of their client???
    they apparently use !! External Data sources to profile our accounts and believe that you have the abillity to make payments on this account.
    Consequently our account will be passed to their internal litigation team in order to consider the best course of action for recovery of the debt outstanding, This MAY include legal action to obtain a CCJ which we may then seek to enforce by way of a charging order or attachment to earnings application.
    contact us to prevent further action on this account.WE can take control of our finanices by taking positive action.
    will send Sold while in dispute on monday sent
    01/11 letter from Apex (31/10)They are sorry to learn that we have had to raise concerns about the account, they will be conducting a thorough investigation into our concerns, When it is complete they will contact us again.
    they enclosed a copy of their complaints procedure

    17/11 rather long letter from Apex,So to condense it. Reply to sold in dispute letter. they have been in contact with their client who state, they have no record on their system of receiving a CCA request or the £1.00 fee, they have asked that we contact them with a copy of our CCA request and proof that they cashed the £1.00 fee. This was sent in 2010 and shows on a SAR asked for in 2011
    they then waffle on about carey and Judge Wacksman stating that the debtor has a legitimate interest in seeing a copy of the agreement he signed, not in the sense of proof of execution, but as information
    Under their complaints procedure this is their final responce and they have placed the account on hold for 28 days for us to contact Lloyds with the paperwork requested

    8/12 Statement of account from LLoyds but with Apex ref and address on it, showing the last payment in dec 2011, Will be sending letter to Apex monday, stating the CCA was requested in 2010 and it was responded to by Lloyds, who assured me that we would of signed an agreement, and said they would send me a copy when they find it . also pointing out that their final response is a pile off crap as I had not made a formal complaint to them.

    11/12 letter sent to apex, pointing out that the cca request was sent in 2010 and lloyds responded to it,also pointed out that the reply from lloyds to my cputr letter said, that we would of signed an agreement and they will send it when found, i am still waiting,
    21/12 letter from apex 19/12, they seem to be back-tracking a touch. they point out that lloyds are the legal owners and they are only acting under instruction from lloyds to recover the debt. as such they are dependant upon the quality of information supplied by lloyds
    they reiterate that lloyds cannot find any request made by us nor can they locate having received the £1.00 fee.
    they have re-refered the account back to lloyds to request they recall the account as they do not believe they can facilitate a mutually benificial arrangement on it
    2013

    27/04; letter with Lloyds TSB logo on posted on 25/04 but, it came in a robson way envelope and the address header on the letter is PO box 66, Rosyth ? when did the account move to Scotland
    any way they go on to say;- As we havent been able to agree a suitable repayment plan, we have transferred your CC account to Robbers way they have been instructed to arrange collection of the outstanding amount WE are to contact RW asap to arrange to payback the outstanding balance cheeky boogars want us to do their job. they'll wait a long time,
    1/05 letter from robbing ways(29/04) we have to pay them the outstanding balance without delay. If we do not pay or agree a repayment play they MAY advise their client to start court Proceedings, If a court considers our failure to pay to be due to neglect an order to pay may be made. they go on to list what May happen if we get an order to pay and we don't. they also point out that ' this account may continue to be a worry for us
    letter sent to RW thanking them for their threatening letter of introduction and pointing out that the said account has been in dispute since 2011
    14/05 letter from RW dated 13/05 headed Immediate action required, I am to call them without delay to pay by my card ? do they take Nectar points ? If we fail to pay further action MAY be taken to recover the amount due etc etc etc...
    will ignore as they signed for my SWID letter yesterday
    24/05 letter from robbingways(23/05) they would like us to note that ,they note our dispute/query we have raised. They will make all the necessary inquireies and let us know the outcome in due course. They will stop all collection activity for this account for now. If they can be of any further assistance we are to let them know do they do gardens or decorating free ?
    6/6 letter from Robbing ways(3/6)In response to our recent contact, their client(lloyds) has advised them that require us to forward a copy of our CCA request to enable further investigation. they will hold our account for 14 days
    will send letter pointing out CCa was sent in 2010 was replied to with, 'You would of signed an agreement and they will send it when found'
    as was the CPUTR letter, and that I am still waiting


    Well set letter to robbing ways pointing out when CCA was sent and the reply received, also pointed out that the reply to my CPUTR was the same as the CCA request' you would of signed an agreement when we find it we will send it' and that I am STILL waiting for the copy of the "signed agreement" and I suggested that they found someone that could actually read and understand the contents of letters sent them.

    22/08 letter from Robbersway.In resonse to your recent contact, our client has confirmed that the CCA request has been actioned and sent to you directly. we trust this resolves your query and we now require your offer of payment within 14 days.

    Now as lloyds had no recolection of the original CCA request, It will be interesting to see what they send, last time it was just typed T&C with Hubbys name and this Address on( we weren't living here when he took out the card) and a sentance at the end of the letter stating he would of signed a CCA on taking out the card,as that is the banks policy, and a copy will be sent as soon as they find it.


    Letter from RW Your account remains unpaid despite previous attempts to contact you blah blah blah, contact us to arrange an affordable repayment plan

    23/09 letter from Robbersway(20/09) Your account is due to be passed to drysdenfx in the next 10 days, who will contact you to discuss repayment of this account and agree an affordable arrangement. To avoid this please contact us so we can discuss your current circumstances and agree an affordable repayment plan with you

    14/10
    read my last letter, no CCA received my position not changed, letter sent to RW

    17/10 letter from DFX (14/10)they have been instructed by RW, they would like me to pay RW, I am to contact RW,no ruddy way
    26/10 letter from dsfax they urge me to deal with this outstanding debt immediately by contacting their clients agent RW ? I thought RW were their client? shall ignore for now as RW not responded to my reminder letter
    28/10 letter from RW account on hold

    11/12 letter from lloyds.[09/12] they thank us for letting them know about the issue we have with our CC

    they understand we believe that as they have been unable to provide a copy of your credit agreement they cannot enforce collection of this debt, and can see from their records that a copy has been requested on a number of occasions
    for the avoidance of doubt, the CCA 1974 does not prohibit collection activity when an account is in dispute.Even if the agreement was unenforceable, which we dispute, this would only prevent the bank from seeking recovery of the debt through the court, it does not extinguish the legal effect of the contract. as such we will continue to to persue collection of the account balance
    They accept that we have made many requests since that time for a copy of our agreement and they have let us down by not informing us that they are UNABLE to supply this and appologise for the inconvenience caused,
    In an effort to put this right they woudls like to offer us £60, £10 for call costs+ £50 for the inconvenience caused
    if we would like to accept this we are to CALL 0800xxxxxxx at our earliest convenience
    they continue about contacting the FOS if we are unhappy now while we would like the £60 we do not want to call them so do you think we should accept it in writing and also ask them again to remove the AP markers and the 2nd default from the CRAs
    Jan 2014 £60 received from Lloyds

    20/02 statement of account received from Lloyds

    26/07/14, letter from Lloyds,dated 18/07/14, they have assigned this debt to Cabot as of 24/06/14.NOA enclosed, Cabot have appointed Marlin to manage the the account,

    so LLoyds have passed the debt to Cabot who are now the data controller, who have passed the leg work to marlin who have enclosed a letter of introduction dated 18/07/14 asking me to contact them in the next 5 days
    08/08/14 letter from Marlin they have been passed the debt to recover and need to speak to us to arrange a repayment plan.We should contact them in the next 5 days to arrange to settle the outstanding debt, we are to phone them on 0333xxxxxxx or fill in the Statement of Means form on the reverse of the letter and send it back.
    will send ue no CCA and copy of Lloyds letter saying so (not sent)

    22/08 letter from Marlin .Dear Sir/Madam. this is hubbys account, do you think they know I deal with it? We have written to you a number of times (once) but received no response correct Because you have not contacted us to organise a mutually agreeable repayment plan, we are now considering advising our client (Cabot) to take further action to recover your debt. oh go on, go on, go on,
    if you do not contact us urgently within the next 7 days one of the following actions MAY be taken
    sharp intake of breath
    1. A solicitor being instructed to determine whether our client should consider the commencement of legal action to seek recovery of your debt via the county court. You will be provided with more information of the legal process if this course is taken
    certainly will Legalese
    2. A field agent being instructed to make an appointment to visit you at your home to put you back in touch with us so we can discuss your curcumstances with a view to agreeing an affordable repayment plan.
    I live surrounded by fields, never knew they had an agent, as I was never in touch why would i need to re-connect (very 60's)hubby would just tell him to talk to me
    3. An alternative debt collection agency being instructed to collect your outstanding debt,
    wow now thats scary let me get my piggy bank
    to avoid any of the above listed actions please contact us.
    OHHh do I have to
    I suppose I should send the UE no CCA letter, BUT, the little devil on my shoulder keeps saying Nooooooooo , the angel has popped out for wine

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    indeed PlanB,
    if they cannot say for definite that we applied for a credit card (I know we didn't) it was a guarantee/ cash card with OH's TSB account, they later issued us with a Visa debit card/cash card,I know this part as I remember arguing with a shop assistant that I didn't want to use my visa debit (which she saw in my purse) but was paying by Chqe, this later changed to a Lloyds TSB visa CC. this was back in the day when you went to take out some money and got told the manager would like a word, so he had a word and hubby was sent a Visa credit card, they used to word it some thing like" why not keep your money in your savings account and have a card that you can use for larger amounts now, pay back monthly, still have your savings in the bank?"
    SOLD, managers sales figures looks good, moved to a better branch,

    Leave a comment:


  • PlanB
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    I am sure it was a cheque guarantee/ visa cash card, when they first started out, could be used as a cash payment in certain stores, so never signed an agreement, it just transformed into a Visa card

    In which case that would be a Santander v Mayhew situation (paragraph 12 in my judgement)

    http://www.bailii.org/ew/cases/Misc/2012/14.html

    Leave a comment:


  • greymatter
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Thanks Nightwatch

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    it is a grey area I think.excuse the pun, they did try and send a recon but it had our present address on it, not where it was taken out, then kept insisting we would of signed an agreement when we took it out and would send it when they found it, same reply to a CPUTR request, so I just kept putting that when ever I sent a SWID letter to yet another DCA, till finally they admitted they were wrong and could not supply an agreement.
    to be honest I am sure it was a cheque guarantee/ visa cash card, when they first started out, could be used as a cash payment in certain stores, so never signed an agreement, it just transformed into a Visa card
    keep plodding, good luck x

    Leave a comment:


  • greymatter
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Hi Nightwatch
    I read that your Tsb trust card/Lloyds was taken out pre 1985 and is UE,which date wise is good news ,is this due to it being a Trust card and not a credit card? .I keep trawling our site looking for pre 1985 stuff thats considered UE as I still have one cc that is pre '85 .
    I got me fingers crossed here!
    Thanks
    Greymatter

    Leave a comment:


  • Deepie
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    or should I string them along with a SWID first
    I'd string them on ...waste a bit more time......

    Leave a comment:

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