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  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Barclaycard (2)
    CSL chasing
    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
    will wait for next letter, then think about my reply

    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 persue 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 baliff 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
    they didn't say if they were looking into my original complaint, or, the complaint about the complaint.will wait and see if they remove the default

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Tesco cc
    start date 1999
    balance£4730.11
    defaulted 2003
    prorata payments up to date OC/Morecroft/fredricksons/Wescot

    12/04 CCA sent
    03/05 letter received, dated 21/04, unable to deal with request as it is not signed. returned with 'no sig required' temp
    19/05 letter from D Munn,(7/5) 'HE' is disappointed to note that I have failed to comply with 'OUR' agreement,unless 'HE' receives an immediate payment as arranged 'HE' will have no alternative but to place my account in the hands of an external DCA
    7/6, letter from tesco, Legal and Estates,"further to my recent request, we enclose copy information held by Tesco Bank provided under the terms of the above act"
    they have sent me the information as quoted under DPA 1998 ??
    will email what I got to Niddy
    missing PT letter will be sent 2mozz
    after sending missing PT letter have just received the same stuff back but with some T&C but i cannot see any date on them so don't know if they are original or varied will send to Niddy for his opinion

    His Niddyship says to ignore, wait and see what happen next
    2013
    31/01 letter from tesco dated 28/01, We are considering legal action to recover your debt, despite writing to you several times, you have still not paid off your credit card balance or made a repayment arrangement with us,we are now considering commencing court proceedings against you to recover this debt.
    it then goes on to explain what this could mean and what may happen if i don't pay the CCJ 1, paid from employer. 2, charging order.
    they would prefer to come to an arrangement to settle the debt and i am to call them immediately to discuss a repayment plan.
    20/02 was going to send threat o gram template for last letter but forgot to post it (just found it in the car)
    20/02, 2 letters received today both dated 15/02 from Tesco Collections, letter 1, wants me to contact them urgently to discuss my account.
    letter 2,Tesco Recoveries, because of an absence of an acceptable repayment arrangement, and because i haven't contacted them, despite several attempts to discuss the matter, they will shortly commence further action against me with the assistance of DCA or Solicitors. To stop all action I am to make a payment NOW. If no payment or agreed repayment plan is received within 7 days, they will commence further action against you
    22/02 letter sent cross between you have not sent me my CCA /unenforceable/threat-o gram it was received by them on the 23/02
    11/03 [05/03] letter from Tesco recoveries,Important you must take action-call us today,despite previous correspondence and our repeated attempts to try and reach an arrangement with you, the debt still remains outstanding.
    we will shortly have no alternative but to seek the assistance of a debt collection agency or, if appropriate, commence legal proceedings against you for the recovery of the debt.
    I am to make an acceptable offer of repayment within the next 7 days
    25/03 letter from Moroncroft (23/03) my account details have been passed to them from Tesco Bank,they are acting as collection agent for them, they will be in contact with me within the next 7 days by letter and/or phone to discuss my repayment options in detail, well tesco can't have a valid CCA, if they can't read and answer my last letter I'll just have to start the ride again
    April
    05/04 SWID letter sent to morons also pointed out all communication in writing only and that I do not give permission to anyone to visit my doorstep so dont try that one.
    06/04 letter from moronics of possible further action if no contact is made by 12/04. I could contact them now and they would be happy to discuss a repayment program, they may also be able to offer a substantial discount off the outstanding balance.
    19/04 letter from moronics thanking me for my recent letter and advising that they will be communicating with their client in respect of my raised query. follow up action will be suspended on my account and they will endeavor to provide me with an appropriate response as soon as possible No rush love, no rush.
    04/05 letter from Morecomics [01/05] Tesco have told them that they completed an agreement request S78 on the 5th June 2012 and also on the 25th June 2012.
    they also advise that the account is on a temporary hold to allow me time to receive this letter and contact them to discuss a payment arrangement I can afford and maintain, if contact is not made promptly, their follow up of the account will recommence. just to make clear. Tesco sent me a photo copy of the signed agreement and T&C dated 2012 but no original T&C and the covering letter said it was sent under the Data Protection Act 1998 , and when I sent the Missing PT letter they sent me the same 2 pages so how have they complied with my CCA request
    UE CCA received letter sent to morcomics
    17/05 letter from moronics(14/05) their clients believe that the documents sent do meet the requirements under s78 of the Consumer Credit Act.They go on to explain what may be omitted from the document and that there is no requirement to provide a signed 'Executed' copy of the agreement.
    their client believe that the balance remains due and payable and they therefore require immediate payment of the said sum or my realistic proposals for repayment of the same within the next 14 days
    21/05 letter from morecomics(20/5) to prevent further action I am to send my payment proposal before 27/05 or telephone them within the next 7 days sorry their last letter dated 14th states 14 days 14+14= 28, so they can wait
    If i do not contact them following receipt of this letter they MAY have no alternative other than to recommend to their clients that they consider further debt recovery action against me deary me I'm quivering in my armchair. no PT, no compliant CCA. sorted
    6/6 letter from Morecomics (3/6) as they have not received any communication from me with regards to my outstanding account, they feel that I may not be in a position to meet their request to clear the account in full.gosh they get have feelings
    to prevent their recommendation to their client that further debt recovery action be considered they are prepared to accept payments of £120 a month,to take advantage of this offer I must,
    contact them by phone err no
    make payment by website erm No
    send payment attached to letter and no again
    if I do not reply I MAY leave them with no other option but to recommend to their client that they CONSIDER further debt recovery action against me
    18/6 letter from Midas cs,(17/06) they are aware that i have not agreed a repayment for this debt with moronics. they are now reviewing the account prior to the possible recommending of further debt recovery action to their clients.Now are they talking about Tesco or morcomics being their client
    they would remind me that unless we can agree a settlement of this account, the default which their client may have registered against my credit file will remain unchanged. are they using a default as a threat , cos the Tesco wouldn't remove it anyway To prevent possible further action I must contact Morecrap now.
    04/07 letter from Morcronic (01.07) their records show I have not made any payments to them must have a newbie in accounts so my account has been passed to the next desk along Home collections Division, for action.So are they collecting home's now along with door steps? This may involve their local rep calling at my home in the near future,to establish how I intend to settle the balance outstanding.easy! you give me a valid CCA, I consider where we go from there
    If I would prefer to agree a repayment arrangement or I believe there is an outstanding query on the account I must telephone no later than 08/07 i'm busy washing my hair
    they would emphasis that if no satisfactory agreement is made they may have no alternative but to recommend to our client that they consider further debt recovery action they have been putting this last line in since may


    27/07 letter from morecrap We are agents of Tesco Bank, Their records show that the above account has an outstanding balance, They have therefore asked us to contact the account holder to discuss the account and we have been provided this address by a credit reference agency that supply us with addresses links based on the information they hold.Please contact us to confirm the position and so that we can make the appropriate arrangements.
    However if you believe that you are not the person responsible for the account, it is important you contact us immediately, either by telephone or letter.
    they told me that they were agents back in March, they have also told me how outstanding my balance is, but never sent me an award for it,and why have they found my address through a CRA when they have been writing to me and I have been replying? errr what position do I need to confirm ? If i write and tell them I'm deceased will they make funeral arrangements?

    05/08 letter to morecrap pointing them back to my letter sent in may also asking what position I am to confirm,and why do they need to look me up when they have been sending letters containing confidential details since march, so it is a little late to find out if the correct person lives at this address .

    12/08 letter from Morecrap (10/08) in capitals, Important information-possible further action. I am to contact them in the next 7 days, or send my payment proposal before 17th Aug, to prevent possible further debt recovery action, If i don't they may have no alternative than to recommend to their client that they consider possible further debt recovery action against me, they may be able to offer a substantial discount from the outstanding balance, Oh dear me, the newbie has done it again and sent me letters from the past.
    17/08letter form Morecarp, account on hold while they contact their client

    25/09 letter from Tesco, due to my failure to agree or maintain repayments towards this account, we have decided to pass the management of the account to one of our DCAs, fredrickson International Ltd, they will attempt to contact you within the next 10 days, to discuss your individual circumstances. their aim is to establish an affordable and sustainable repayment arrangement with you. Should I wish to contact them, the contact details are below
    30/09 letter from Freds Hi nw you've not paid tesco, so we are sending you this threatening 1st letter so you will give us all your money OR ELSE
    Reply piss off
    14/10 SWID letter sent to freds
    24/10 letter from freds(17/10) they note the contents of my recent letter pity they didn't read it if I require documentation under the CCA1974 I may request this directly from their client with the fee of £1,00, I sent SWID,
    I am to contact them with my payment proposals

    12/11 letter from fred, In answer to my recent letter
    (read what I sent)Their client confirms that they complied with my s78 CCA request in June 2012 and sent me documents on the 5th and 25th of that month.
    their client also advises that their legal department do not keep copies of what was sent.
    that's a bit daft, so how do they know what was sent complied with my request?? Should I require further copies I need to make my request again DIRECT to their client and enclose the £1.00 fee as they have complied with this request twice already.
    Fred says they would be grateful if I would contact them with my payment proposal by 25th November if they do not hear from me collection activity MAY resume.
    04/12 letter from freds [02/12] Dispite attemts to negotiate a settlement on this account, there is still no arrangement to pay in place to repay this debt, would I like to contact them ?
    NO!
    19/12 letter from Freds[17/12] Dispite previous correspondence from them my debt remains outstanding,They are prepared to offer me an opportunity to pay before they pass it back to Tesco with a recommendation
    to take further action, they are prepared to accept a full and final settlement, provided i phone them on 0845xxxxxxx within 7 days of this letter and they offer a variety of ways to pay. Pity I don't like any of them
    2014
    Letter from Tesco, due to the fact I have not agreed to or maintained payments to this account, they have decided to pass it to one of THEIR DCA's and the winner is....WESCOT
    funny thing is the letter is from Tesco on Tesco headed paper but the return address on the back is Huddersfield which is Wescots mail shot address, and the letter is unsigned, should I send it back with a complement slip asking for a signature??

    29/03 letter from Wescot, again it tells me my balance is outstanding, and they have been instructed to collect the debt in full, blah.blah,blah
    08/04,have sent SWID to wescot
    10/04.letter from wescot, we know you live there you have not contacted us
    01/05. letter from Wescot dated 28/04. Having contacted their client, they advised that they have complied with my request on 2 occasions,in 2012. therefore if I require another copy of the documents I must send another request along with the £1.00 fee.
    Will send Missing PT to Wescot when I can be arsed

    update. will file for now as they have put the account on hold for 30 days

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Lombard cc
    started 1999
    ballance £2933.05
    Defaulted 2008
    prorata payments to date

    12/04 CCA sent
    04/05 letter received (25/04) cannot comply with request as they need my signature
    no sig req letter sent
    02/06 letter rec,containing original req and payment, no sig req letter, and a covering letter/template,cannot comply without signing request

    ok this is getting stupid now.
    06/07 letter received dated 29/06, they cannot deal with my request as there is no signiture, they have sent back to me the original req and the payment,wthe the 1st sig req letter, the 1st no sig req letter from me, 2nd sig req letter, 2nd you are not having a signature letter. a new we want a signiture letter and the Envelope I sent them all back in last time

    27/07 letter from Mr Munn at Lombard, he is dissappointed that I have failed to comply with our agreement, and unless i make an immediate payment to my account and regular payments thereafter, he will have no alternative but to place my account in the hands of external DCAs without prior warning
    14/08 letter from lombard dated 03/08 as I have failed to respond to the banks previous demands(er they refused to send my CCA without a signiture)
    they have no alternative but to commence further proceedings for the recovery of the outstanding balance, failure to contact this office within 7 days, 'MAY' result in my account being transferred to external dca without further warning or delay I take it that as it took 11 days to get the letter they 'MAY' have done so already

    letter sent to lombard along the lines of, stop playing silly buggers I made a CCA request it is not a DPA request so you dont need a signiture, sent back original CCA and £1.00 payment wanted a reply in 7 days

    01/09/12 letter from Triton Credit Services dated 23/08. Lombard bank has placed your account with us for Immediate collection,
    To avoid further action I am requested to forward a Cheque for the full amount by return, If I am unable to make this payment by return I am asked to telephone the office immediately by return of what? is Triton not part of RBS?
    sold in dispute letter sent to triton
    8/9/12 letter from Lombard dated 5/9 they return my CCA request AGAIN(stamped as received 28/9/12) as they require a signature,

    21/09 letter from triton(17/09) Notice of legal proceedings, they remain very disappointed that I have failed to settle the debt or make satisfactory repayment proposals
    they have now recommended to Lombard that solicitors should be instructed to commence court proceedings against me for the recovery of the debt
    they appear to have ignored my "sold in dispute letter" and the fact that Lombard have refused to send my CCA 5 times,
    I'm sure a court will be happy to listen to why they have refused, when a signature is not needed, and why they have never answered any questions asked in subsiquent letters to them.

    26/09 letter from Triton dated 21/09, they refer to my recent correspondence sold in dispute letter
    in view of the nature of my request they will be discussing my account with lombard, who will contact me in due course

    The information provided on my financial statement has not been fully completed. errmm I haven't sent them one
    In order for them to consider my financial statement can I provide my proposals for the above account ermm my proposal is that untill i receive a Valid CCA from lombard you can whistle
    they trust this clarifies the situation for me and await my response It's as clear as mud

    13/10 letter from Loonybard.(09/10) it is AGAIN the same template letter stating that they require my signature, but I can't sign it because:-

    this time they have kept the original request and the fee, and have returned a copy of my 'Sold in Dispute letter' that was digitally signed. they just get more imposable to understand

    02/11, letter from Green & Co Solicitors(29/10) they are instructed by their client, Try it on, who are instructed by, loony barn bank, in connection to my Liability.
    despite a formal demand for repayment this account remains unpaid and they are likely to be instructed to commence court proceedings against me, without further notice
    HOWEVER i have one final opportunity to make payment of the above amount within the next 7 days, Che ques should be made payable to Try-it-on and sent to the address given,
    should their client not receive payment or acceptable payment proposals within 7 days, they are then likely to be to be instructed to commence court proceedings against me on their clients behalf
    23/11 letter from Green & co account referred back to Tri-it -on
    30/11 letter from Lombard, dated 26th. as they have been unable to contact me or agree a suitable repayment plan they have passed all my account details to Allied international Credit(uk) to act as a collection agent, they should be in contact with me in the next 14 days to discuss my repayment options in detail. now why would they think I am suddenly going to start paying Allied if they can't get anything out of me? and my payment options would be " you send my CCA, and we will discuss from there!
    15/12/12 letter from AIC (10/12) they have been passed my details by Lombard to act as collecting agents for my account, whoopy doo

    they have a flexible approach to to repaying my account, If i am in financial difficulty their staff are FULLY TRAINED to assist me with my current situation, and have a range of options to help How wonderful
    they will be in contact with me in the next 7 days by letter/and or phone to discuss my payment options in detail, or i could phone them.
    sold in dispute letter sent 18/12
    21/01/13 letter from AIC we have not heard from you
    26/01 in dispute letter sent pointing out no CCA has ever been received , even though I had pointed this fact out to Tryton, Green & Co, also will not discuss over phone written communication only.

    06/02 letter from AIC dated JANUARY 21 2013 , we have been unable to come to an acceptable agreement
    16/02 letter from AIC(11/02) Early settlement offer, as my account remains unpaid they are reviewing my file to consider if further action is warranted,
    at this point there is an offer on my account that would allow me to settle the outstanding balance with a discounted value, this payment can be made in upto 4 monthly instalments.I am to contact them for for the details,
    If I am unable to meet the agreed settlement I must not hesitate to call and discuss my account where they would be happy to arrange a repayment option based on my current circumstances
    6/6 letter from Lombard (29/5) they have now passed my account details to Fredickson International ltd, to act as their new collection agent, any queries about my account should now be addressed to them. Freds will be in contact during the next 14 days BY LETTER to discuss my repayment options in detail. no CCA no discussion sorted
    19/06 letter from freds (17/06)a polite letter from them saying they have been appointed by loonybarns to act as collection agents for my account, they have a wide range of options to suit a wide range of individual circumstances and believe that if I have not found a suitable repayment plan before they are sure they can help this time doubt it!!
    1/07 letter from freds (28/'06) they have failed to receive a satisfactory response from me to their recent letter,could be coz I didn't send one ? to avoid any further debt recovery action I am to contact them within the next 7 days, i am rather busy this week!
    08/07 yellow card dated 04/07 from freds confirming that I live at this address. and saying I haven't responded to recent correspondence gosh they are eager! I am to phone them NOW or my account may be passed to solicitors with aurtorisation to proceed with litigation proceedings against me at this address in their last letter they gave me 7 days to respond which I only received on the 1st so they only gave me 3 days and they included Sunday, they don't open Sundays
    18/07/13 SWID letter sent
    18/07/13 letter from #cry an barter# dated 15th freds have asked them to contact me, as they have failed to receive a satisfactory response from me regarding payment of my account.that's coz I havent sent one, they ramble on about contacting freds to set up an arrangement or make full payment don't think so! then the line further debt recovery action MAY be taken if i don't make contact.

    24/07. Letter from Freds, They thank me for my letter requesting documentation. they cannot provide it, but I can request it from their client, and they give me the address of RBS Southend.In the meantime I am to confirm how I intend to discharge the outstanding balance. The letter i sent was a Sold while in dispute letter, which as you all know points out that a CCA was requested and not complied with.
    29/07. letter sent to freds pointing out that CCA was requested last year and could they please read the letter i sent them on the 18th
    10/08 letter from Freds they have referred the matter to their clients and will contact me when they are in receipt of instructions, they have placed the account on hold.
    25/09 message left on truecall. message for Mrs NW please call fredric..........
    just had a letter from tesco saying that account has been passed to freds so the call may have been for that


    25/09 letter from freds, Dispite a recent letter from lying smarter solicitors you have failed to discharge your debt with our client, we are prepared to offer you one final opportunity to pay before recommending to our client that further debt recovery action be taken against you. at this late stage as a gesture of goodwill, we are prepared to accept a full and final settlement on this account provided you contact us on 08458888888 straight away


    20/12 letter from wescot they are acting on behalf of ROYAL BANK OF SCOTLAND I am to read both sides of the letter follow the instructions and contact them urgently.to avoid them taking further action i should pay the debt in full on line or by post, or contact them by phone.If I dont it will result in them taking further action to recover the debt

    02/01/2014 letter form wetcloths 28/12/13. Reminder Notice. their lastest enquires have now confirmed that I am still resedent at this address but they have not received a reply to our previous correspondence. Uless I contact them to agree repayment of 2,933.05 within the next 10 days, further debt recovery activity will be taken to recover the full outstanding balance
    please do not ignore this letter as this could result in further action being taken to recover the debt
    09/01 letter from wetcloths[07/01] Reduced settlement offer. as a final attempt to avoid further action their client has agreed that they can offer me a discount to settle my account, to take advantage I should contact them by 17/01/2014 or the offer will be withdrawn and further action will continue. I MUST phone them.
    If I cannot take advantage of this offer they will still consider a REALISTIC repayment plan and I should contact them urgently to discuss my options. Unless a suitable repayment plan is inplace in 10 days of the date of this letter, further recovery action will be taken.
    11/1 SWID letter sent
    24/01 letter from wetcloths dated 21/01 account on hold
    29/01. letter from wetcloths [27/01] they have contacted their client who has told them they have perviously written to me asking me to sign my CCA request [ they enclose a copy of a letter sent in October2012 ]
    now this letter asked me to sign my s78 request but I couldn't because they had kept the request and fee and sent back a copy of the letter in which I stated that as i was not requesting documentation under the DPA then no siggy was needed
    they continue allong the lines of this dispute is now resolved and could they have a payment or payment proposals by return

    27/02 letter fron wescot (21/02) asking me to explain why I am not paying and to set up a repayment plan.
    no CCA simples
    they set out the benifits of setting up such a plan
    and end with the unforgetable line "this debt will not go away, now is the time to act"
    friends romans, countrymen leand me your shears.. not that type of acting???
    Contact us on xxxxxxxxxxx and talk to one of our dispicable, sorry 'dedicated' operators to help you make a fresh start.
    what part of ALL COMMUNICATION TO BE IN WRITING do they not understand?
    10/03, letter to Wescot,pointing out the account is UE coz i've had no CCA, I enclosed a copy of the original CCA request, copy of I do not need to sign letter, and a copy of the stop taking the piss letter.
    29/03, letter from Lombard [26/03] in a nut shell. they, under stand i have made a request under s78 of the CCA and explainwhat they have to do,

    they then tell me that they are unable to deal with the request coz i've not, signed the request and they require the primary cardholders signature for them to satisfy themselves of the identity under the data protection act.
    they say they have returned the request so that I can provide them with the information required
    they have sent me back copys of the following
    1, my letter of the 10/3 sent to wescot, with not signed on it
    2, my letter stating no signature required
    3, my stop taking the piss letter, with not signed on it
    the copy of the CCA request has been copied on to the back of page 1 of my letter to wecot and page 2 of no signature required letter so how am I supposed to sign it???????
    28/04 letter from wescot dated 25/04 account on hold .....watch this space

    will wait and see what happens next

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    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 withthe 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 indiviual curcumstances and to find the best possible way forward for me and their client.

    so llong 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 Incurr 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 theyhave 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 assesment 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 reguarding my account which remains unpaid, I have 10 days to pay in full or they will take immidiate 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 ammount.
    they say they have been authorised to offer me the option to settle the account at a significantly reduced ammount, the remaining ammount 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 nolonger 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 eligable 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 advisors 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
    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

    update

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    MNS reserve
    started 1997
    ballance £2333.64
    defaulted 2006
    prorata to date oc/rockwell /Fenton Cooper/BCW / Arrow/ Wescot/Rockwell


    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 indiviual curcumstances and to find the best possible way forward for me and their client.

    so llong 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 Incurr 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 receipt 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 regarding 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 reguarding my account which remains unpaid, I have 10 days to pay in full or they will take immidiate 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 ammount.
    they say they have been authorised to offer me the option to settle the account at a significantly reduced ammount, the remaining ammount 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 nolonger 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
    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?
    Will file.

    Leave a comment:


  • Deepie
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    I want it off my file!
    Sorry I miss read the post.....


    Have you seen this ---> http://forums.all-about-debt.co.uk/s...l=1#post142380

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    I want it off my file!

    Leave a comment:


  • Deepie
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Well they signed for the Letter on the 29th/03 and I have had nothing to acknowledge the complaint, should I send another letter?
    I'd just stay for now.

    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 persue 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 baliff 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
    Well they signed for the Letter on the 29th/03 and I have had nothing to acknowledge the complaint, should I send another letter?

    Leave a comment:


  • greymatter
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Interesting point PlanB thanks for pointing it out.

    Leave a comment:


  • PlanB
    replied
    Re: Nightwatch & Hubbys Diary of debt

    It's good to see Cabot admitting your account is unenforceable

    They probably did that because the new FCA rules say they must. See 13.1.6 (8)


    CONC 13 : Guidance on the duty to give information under sections 77, 78 and 79 of the Consumer Credit Act 1974



    (8) However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Sainsbury cc
    started 1999
    ballance £2277.74
    defaulr 2008
    now with Cabot
    prorata payments to date

    CCA sent
    Account on hold
    31/10 letter from cabot . Please find enclosed all of the relevant information you requested under s77-78 of the CCA1974 We can confirm that we have provided a reconstituted true copy of your credit agreement, which for the avoidance of doubt complies with the Consumer Credit cancellation Notices and copies of documents regulations 1983 and therefore complies with the obligations set out in section[77-78 of the CCA 1974
    What Happens next; as we have now complied with your request for information We are able to enforce the credit agreement, which you signed and entered into.Enforcement means that we are able to obtain a County Court judgment against you. however we would prefer that you work with us to set up a repayment plan to settle your outstanding balance
    Now me thinks they are being a bit hasty with the threat of CCJ as all they have sent is a copy of some un-dated terms with my name and address on them and a Your right to cancel in the middle between item 4.2 and 5 and a print out of payments made, no sight of the original application or the TC when taken out, so they are FIBBING when they say they can confirm its a recon TRUE copy of my credit agreement
    06/11 letter to crapup T&C received

    15/11 letter from crapbot, they point out that my balance is £2277.74 and thank me for reducing it to this,they say an ideal solution would be for me to be able to clear the outstanding balance so,,, they have had a look at the length of my repayment plan with them and taking into consideration my age [cheeky bleeders] they can see I will be paying this account back for over 15 years wrong no valid CCA no payments ever again,They have a solution for me that I may be interested in wrong again,They are proposing to accept a lower amount to clear the account, so if I could just find £1366.64, they will accept it as payment to clear the account in full.will just go and check the piggy bank,shake shake, no 2 buttons, 1956 penny, and some fluff This means that my monthly payments can then cease they have already, they would like payment in the next few weeks, A HA they don't have enough for the xmas do,whilst they realise that they are reducing my balance substantially, they do feel it is in MY best interest due to the length of time it will take to repay the full amount, they hope I can see their proposal as a solution to clearing this account and if I would like to take advantage of their offer I am to contact them by phone in the next 14 days.you've bought a lemon, na na nan na na
    03/12 letter from crappy botom LIMITED OFFER 30% discount if i reply in 30 days or an attractive repayment plan to clear my debt in less than 5 years
    2014
    05/02 letter from crabbot exactly the same as the one in the post above (barcs] must of been going through the alpabet on new years eve, it seems it was my turn for the lets try again template,

    will send a "read my letter of the 6th nov"

    20/03/14, letter from cabot dated 17/03, They are sending my account to another debt collection company,
    They say they have tried to work with me for some time to help me repay my account, and despite repeated attempts to contact me and asking me to talk to them about my account, they have still not heard from me.
    the have to now start the next stage of recovery action so, they are now passing my account to, Financial Investigations and Recoveries(Europe) Ltd, they will receive their instructions within the next 7 days, If I donot want the account passed to the new company I am to phone them on 0845 xxxx xxx, If they do not hear from me then FI&R
    will be in touch shortly to agree a repayment plan.

    05/04.Letter from Fire(31/03) they are instructed to recover, they are seeking payment, they would like to talk, I am to phone, only received some T&C for this as a CCA
    08/04 SWID sent to fire
    14/04 letter from cabot, your letter has been passed to us by Fire, (next desk) we understand you have made a request under section 77/78 of the CCA 1974, we note from our records that you have also requested the same from us, to which we responded on the 28/10/13, enclosing some of the relevant information.As we are still awaiting documentation from Sainsburys to comply fully with your request your account will remain on hold until we are able to fully comply with our obligations set out under the CCA
    This does not affect the legality of your debt with Cabot but merely renders the agreement unenforceable until such time the credit agreement can be produced. It has well been established in English law that "enforcement" constitutes obtaining judgement at Court. The reporting of a default to the CRA or Cabot requesting repayment of your account does not amount to enforcement. We therefore recommend that you contact us to make repayments to your account and on receipt of the relevant documentation we will supply you with the same
    request away I've just gone deaf x

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  • IF
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    about blooming time
    Brilliant news NW

    Leave a comment:


  • nightwatch
    replied
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    Barclaycard (1)

    start date 1998
    Balance £5552.10
    Defaulted 2002
    No payments made since Aug 2011 when they returned my payment as unrecognised account, no reply to letter sent.
    Sold to Cabot Nov 2011 ignored letters CCA going off on monday
    02/02/12 letter from cabot, they are requesting cca from barcs, and have returned my £1.00
    220/02 cabot are still waiting to hear from barcs
    23/02 copy of statements requested by SAR received 2006/7 i never had these as barcs stoped sending me statements in 2005 one dated sept 2006 asked for a payment of £6,471.10 immediatly followed by a further £6,459.23 to reach them by Oct 2006
    27/02 letter from cabot, barcs are experiencing a delay in obtaining information from their archive.
    09/03 Cabot are unable to produce the requested information,
    my account has been placed on hold untill they can.

    2013
    19/04 letter from cabot (12/04) Cabot has not been able to provide you with the requested informationwithin the relevant time period yep i think 12 months+ is out of time
    we shal continue to request the information to assist you with your request please don't rush on my behalf, I can wait
    We would like to inform you that your account will remain on hold until we can comply with your request told you, no rush..
    IMPORTANT Please note, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with you existing payment plan I will continue with my existing plan £0.00 a month for ever, seems good to me (filed)
    31/10 letter from Crapbot please find enclosed information requested under CCA 1974 as the letter from them about my Sainsbury account in the above post they confirm it is a [recon] true copy of my account they go on to say they have complied with my request and they are able to Enforce the credit agreement that I signed and entered into. they can go for a CCJ, but they would prefer me to enter into a repayment plan
    Now again they have not thought this letter throughas enclosed with the original TCthere is a page with my name and address typed on it and a large your right to cancel box in the middle of the page, ALSO a letter from Barclays dated 05/12/2012 which near the bottom of the page states quite clearly. We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 [1] of the act,We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.they continue with what they are allowed to do which is short of enforcement
    06/11 letter to crapbot letter confirming No CCA, should of asked why it took nearly 12 months to send Barclays letter to me

    03/12 letter from crappybottom LIMITED OFFER if I respond within 30 days from the date of this letter 27/11/13 they are able to offer me a discount of up to 30% to settle my account. Alternatively, they may be able to offer me an attractive repayment plan which will enable me to repay the outstanding balance within 5 years

    Oh wow, this company is so thoughtfull, 30% discount or 5 years at £1,000+ what to do, what to dooo !!!!!! WAIT JUST ONE SECOND!!! barclays cannot enforce so how can crapbot have decided to ignore and see what happens next


    05/02 letter from Crapbot [31/01] You MUST contact us , According to their records I currently owe £5k even though they have made repeated attemps to obtain my commitment to pay,,repeated attemps?? that must be the one letter and some calls that went to our truecall and got zapped
    they are ask me to contact one of their 'Customer Consultants, who will help me set up a repayment plan If I cannot repay in full

    20/03/14 letter from Cabot (17/03/14) as with my Sainsburys account, they are saying they have tried to contact me to help me clear this account but I have ignored them, so they are passing the account to Financial Investigations and recoveries, If I don't phone them I will hear from FI&R who will contact me to set up a repayment plan,

    05/04 letter from FIRE,dated 31/03, they have been instructed to recover the amount I owe on my account and would like to discuss this with me. I can make a payment to them or they will work with me to set up a repayment plan, they look forward to speaking with me on 0845 xxxx xxx
    08/04, SWID letter sent to fire
    14/04 Letter from Cabot re my 'SID' letter, supposedly forwarded to them from FIRE (
    passed along the desk) they thank me for my letter(s) they have reviewed their records and note that Barclaycard are unlikely to be able to supply the requested documentation. Therefore,the sender,can confirm that Cabot have taken the decision to no longer pursue collection of this account, unless the information is obtained in the future, this is not a write-off of the outstanding balance as the debt legally remains, they also confirm that due to the time elapsed;this entry should no longer appear on my credit file.

    about blooming time

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