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  • 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
    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

    will send SWID tomorrow, or at least by Friday
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • 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 Experianwho also apologised fornot getting back to me sooner
      quick update will wait for Freds next letter now
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • 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
        letter dated 18th, rec 26th think my 5 days are up, will send swid or copy of letter saying they are unable to supply CCA, what to do, what to do, i'll go and have a cuppa
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Re: Nightwatch & Hubbys Diary of debt

          Originally posted by nightwatch View Post
          M&S sc hubbys
          started 1999
          balance £1436.11
          default 2006
          Rockwell keep contacting us but ignored and sending payment to OC

          12/04 CCA request sent
          4/05 CCA received,they have sent a RECONSITUTED copy of the app/agreement form and T&C
          it's a blank form with hubbys name and address typed in
          will send to his Niddy ship


          Missing PT letter sent
          19/5, Letter from Rockwell, they are disappointing to note that they have not had a recent payment,if they don't hear from us by the 23rd may, any agreement we have had regarding the repayment of said debt will be cancelled and THEY will recommence action to recover the outstanding balance in full
          If no action is taken concerning this matter the account may be passed to their 'Specialist recovery agents' "Fenton Cooper" to assess further recovery options,
          I/WE have never had an agreement with Rockwell, we have been paying any payments to M&S direct
          Rockwell are acting agents of M&S
          have received letter dated 13/06/12 saying they have complied with the request inder CCA1974 the account is not in dispute, and if I think it is I should provide full and sufficient details,
          they state' there is NO requirement under section[77][78] that the original or a photocopy of the original signed agreement be provided

          13/11/2012 09;20 phone call, but te caller couldn't work out how to get through truecall so all we got was "please phone Buchanan .....
          13/11/12 letter from BCW, stating M&S have instructed them to recover the out standing amount, M&S are unaware of any Ligitamate reason for non-payment. they would like us to contact

          them so they can have a ' more thorough understanding of our financial circumstances' will send sold while in dispute letter
          17/11/12 letter(dated 12/11) from M&S saying they have asked Buchanans to take responsibility of the account BCW will contact us in due course about the overdue amount on the account
          30/11 letter from BCW dated 23rd, they thank us for our recent communication and have placed a "cease all action" instruction on the account while they look into our complaint

          jan 2013
          16/01/13 letter from BCW(14/01) FINAL RESPONSE , they have investigated our clame and concluded our complaint has been refuted.
          M&S have stated they sent a copy of our agreement by recorded post in May 2012.Therefore we will continue to persue the outstanding balance with in the context of our clients instruction and the legitamate nature of our business.
          Please contact our office directly to discuss the repayment options available to you.
          17/01 letter from BCW (14/01) We wrote to you recently regarding your outstanding balance and regret to note that it still remains outstanding well seen as we only got the recent letter you wrote on the 14/01 yesterday its not given us much time to do anything
          All that we ask is that you make contact with us on 0844 xxx xxxx so that we can discuss and gain an understanding of your financial circumstances. If you make contact with us our specialist advisers will be able to provide you with support (good i need holding up after a couple of bottles) and advice, they will be sympatetic to your individual circumstances, and they will help you to find the most appropriate way to take steps towards resolving and closing your account
          dispute letter sent to BCW pointing out that an invallid CCA has been received and that I WILL NOT discuss the account over the phone!
          29/01 letter from BCW dated 26/01. BCW are here to help. overdue debts can have a serious affect on your credit file ,they can also prevent or make it more difficult for you to obtain finance at all in the future. Make us an offer blah.. blah.. blah...NO MORE LETTERS OR PHONE CALLS. when you enter into a payment arrangement, as long as you make your repayments on time you will not receive phone calls or letters from us for a minimum of 6 months, at which point we will contact you to review your circumstances. Phone us today..
          BCW received my letter on the 29/01 but they are still phoning
          02/09/2013 letter from M&S dated 24th aug account SOLD to Arrow Global ltd, on 25th july who have appointed Wescot CS as their servicing agents [ now isn't that a pity] it also contains a Notice of assignment from Arrow saying they have appointed Wetcloths as their agent and that all correspondence should be sent to them and not Arrow.
          will wait for wescot to contact and send in the big guns xx

          well never heard off wetcloths but today we receive
          02/12 letter from Morecrap, your account details have been passed to us from Arrow to act as a collection agent and we will now be dealing with your account now that is a shame so close to Christmas
          it's also a pity that Morecrap only quote their own and arrows Ref numbers and not who the debt was originally with only realised it was this account by the amount outstanding
          09/12 letter from morecarp. important information- possible further action in big bold capital letters I can't read it any louder so why do they do that? to prevent possible further debt recovery action we are to send a payment proposal before 12/12/13,not left us much time or telephone 0161xxxxxxx within the next 7 days, if not they may have no alternative but to recommend to their clients that they consider possible further debt recovery action against us I thought they were the *further action*

          21/12 letter from morecarp re our arrow global account .As they have not received any communication from us with regards to our outstanding account, they feel we may not be in a position to meet their request to pay the account in full. SO
          In order to stop them from recommending that further debt recovery action is taken they can confirm that they would be prepared to accept an affordable monthly repayment plan that we can afford to maintain. Any payment offer will be considered and POSSIBLY accepted, PROVIDED we compleat their I+E form to support our proposal
          BLACKMAIL
          Failure to respond within the next 7 days from the date of this letter [19/12] may leave them with no option but to recomend that their client takes further recovery action
          we can't get a reply can someone else deal with it
          Jan 2014
          swid letter sent to morecarp17/01 letter from morecarp dated 13/01. they thank us for our recent letter requesting a copy of the credit agreement and point out thet under the CCA 1974 we must provide a fee of £1.00. please make the fee payable to Arrow Global who is their client, I sent a sold while in dispute letterwith the date on which the original request was made

          10/04 letter from Arrow (07/04 has sc return address on the envelope) they have transferred the account to Scotcall, all communication is to be with SC
          28/07 well Scotcall are eager little bunny's had a phone call off them but nothing else.
          update
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          Comment


          • Re: Nightwatch & Hubbys Diary of debt

            scotcall were one of the very few numpties that were daft enough to turn up at our door, guy could have gotten a medal for "running backwards down a drive juggling bits of paper" when he heard my wee doggle barking

            Comment


            • Re: Nightwatch & Hubbys Diary of debt

              i'm looking after a doggle next week,for a few weeks, could be fun. he may teach the OH a few new tricks, and I don't mean licking his bit's Cloggie!
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              Comment


              • 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
                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

                01/08 letter from RW pleas contact us to get a reduced settlement figure, I can set up a DD or use a card to pay ho hum
                may send SWID or may not will see how I feel later
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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                Comment


                • 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
                  or should I string them along with a SWID first
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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                  Comment


                  • 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......
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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                    Comment


                    • 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

                      Comment


                      • 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
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • Re: Nightwatch & Hubbys Diary of debt

                          Thanks Nightwatch

                          Comment


                          • 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

                            Comment


                            • 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,
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • 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
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