Nightwatch & Hubbys Diary of debt

[Deepie]

Re: Nightwatch & Hubbys Diary of debt

Is Fenton Cooper just one bloke as it is signed Fenton Cooper?

as this is Enforceable should I offer them my £1 or wait for the next letter

I would send this if it were me....---------> Account Sold whilst in Dispute

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

ok here we go


MBNA credit card
now owned byLink Financial
start date 1997
ballance £8,600
Defaulted 2002
pro rata payments up to date
hubbys
31/01 cca sent
04/02 they have sent to MBNA for CCA and most recent T&C, because they bought the debt in 2002 and do not have any paperwork themselves. this could take up to 30 days
16/02 they are still waiting for a reply but woul like us to continue payments
05/02 CCA received. letter says they have fulfiled their obligation under s77 or 78 CCa 2006
they have enclosed a peice of paper that says "Reason for Reconstruction" and next to a large black cross it states Credit agreement not retrived
also enclosed is, a blank application form, with hubbys name and address typed in,some T&C with mb 04/97 in bottom left corner and an undated agreement that starts at page 2 of 8 and finishes at page 7
will send all to niddy as it all looks carp to me


Niddy says
07/02 missing T&C letter sent
17/02 letter saying they are contacting MBNA as they dont have the info requested
31/03 letter from Link reminding us that our payments are overdue and if we gont make a payment the full amount will become payable immediately
15/04 Letter ,they have canceled our repayment plan as we have not informed them why we have not made a payment, whilst they remain commited to recovering the debt by negotiation, they will, if needed persue through local county court if ne we do not contact their office

5/9/12 letter from link(3/9) dispite their best efforts to assist us in repaying this debt by instalments, we have shown no intrest in reducing the balance,
our failur to respond to their letters,telephone callsand messages leaves them with only a handful of options at this stage there have been no letters, telephone calls or messages, the truecall would of logged them
they urge them to contact them to explain why we are not in a position to settle in full or stick to any payment plan that had been agreed.let's see ...erm still waiting for the info you were sending for in Feb

do I send UE duff cca received?

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

mbna cc hubbys
started 1997
ballance £1200
default 2002
with Link financial

28/02 letter asking for proposals for increase in payments, i&e, and demanding a phone no. for them to contactus on
still waiting for cca

5/9/12 letter received from link, same as in above post

take it i should send UE as no cca received

[Deepie]

Re: Nightwatch & Hubbys Diary of debt

take it i should send UE as no cca received

Just see what they send next .............

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

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 signiture
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 signiture 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 dissapointed 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 alternativebut 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 transfered 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 signiture,

now these pillocks are getting right up my nose, they wont send my CCA without a signiture, but they have passed my details to Triton so they must know its me thats here

my next thought is that I will send the CCA with a Signiture of: A Body on behalf of Nightwatch, they only say they need a signiture not MY signiture.

[Undercover Elsa]

Re: Nightwatch & Hubbys Diary of debt

There's various ways around it, although it shouldn't be necessary as there's no requirement for a signature under s.77-79 as we all know. Depends how bloody minded you want to be about it.
If there's no other option I usually type my name then just roughly squiggle my initials only over the typing, which prevents/would show up freehand copying too as it's not your full sig...but they won't know that.

Elsa x

[Never-In-Doubt]

Re: Nightwatch & Hubbys Diary of debt

now these pillocks are getting right up my nose, they wont send my CCA without a signiture, but they have passed my details to Triton so they must know its me thats here

my next thought is that I will send the CCA with a Signiture of: A Body on behalf of Nightwatch, they only say they need a signiture not MY signiture.

Can you scan and send me a copy of their replies to cca as I'll do you a wee template as a final warning.....

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

Can you scan and send me a copy of their replies to cca as I'll do you a wee template as a final warning.....

Niddy they are all exactly the same computer generated letters
they start with dear Mrs Nightwatch, thankyou for your letter, in which you have made a request for documents under the Consumer Credit Act.I am unable to deal with your request due to(ticked as appropriate) then there is a list of 8 reasons the one ticked , or some times not is 6

"s78 request received, however this has been returned to you as we require your signiture before we can proceed. please sign your request for informatin and return it to the address shown on the right hand side of this letter"

they never answer with a reason why they demand a signiture

now this will be the 5th time they have returned it (but funnily this is the only letter that has been sent back on Natwest headed paper) and its gettin expensive to keep sending them regestered/ signed for.
let me know if you still want a copy and i will gladly post one up

[Never-In-Doubt]

Re: Nightwatch & Hubbys Diary of debt

Niddy they are all exactly the same computer generated letters
they start with dear Mrs Nightwatch, thankyou for your letter, in which you have made a request for documents under the Consumer Credit Act.I am unable to deal with your request due to(ticked as appropriate) then there is a list of 8 reasons the one ticked , or some times not is 6

"s78 request received, however this has been returned to you as we require your signiture before we can proceed. please sign your request for informatin and return it to the address shown on the right hand side of this letter"

they never answer with a reason why they demand a signiture

now this will be the 5th time they have returned it (but funnily this is the only letter that has been sent back on Natwest headed paper) and its gettin expensive to keep sending them regestered/ signed for.
let me know if you still want a copy and i will gladly post one up

Hiya

Ok, basically they are in default of your s.78 request now so you can ignore them and if they take action, we'll get uncle Paul on the case. They are trying to utilise DPA which is irrelevant in this instance as they are;

1. Hassling you at the address in question;
2. Sending statements/other sensitive info to the address on account;
3. Wanting YOU to pay, by writing at the address in question;
4. Responding to you at the address in question;
5. Refusing to accept it's you even though the above 4 reasons prove they know it is you hence DPA protects you and goes against them for unnecessarily delaying and demanding proof that is otherwise necessary, by that we mean if you'd moved or changed your name then fine, you'd need to send ID otherwise you are using the same name and address as the account, that they are hassling you at hence they know and we all know that it is you. Both s.78 (cca1974) and s.7 (dpa1998) do not dictate that you sign (so long as the lender is satisfied it is the account holder).

Muppets

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

Cap 1 hubbys
Started 1998
Ballance £3923.13
Defaulted 2004
Still with OC

13/6/12 passed to wescot

now asking for new payment & I&E Ignored

27/01/12 letter thanking us for our recent comunication ,and confirming they will accept the reduced payment for 6 months?? not sent anything
30/01 cca sent
cca received email sent to niddy
niddy says missing prescribed terms letter will be sent monday

in the original CCa responce they sent a reconstituted copy of the original agreement containing name and address when taken out along with a scanned copy of the signiture page
22/03 letter from Cap one they say i have had the prescribed terms that were in force at the time the account was opened along with a scanned copy of the signiture on the agreement, will scan the letter in for your comments
after receiving their final response scanned in further in the thread have today received a letter from Carp 1
if you do not respond to this letter to bring your arangement up to date we MAY pass to a DCA or we may Choose to sell it to a debt purchaser
13/06 received a RED HEADED letter from Westcot" We have been instructed by our client to collect the outstanding debt" ok so Cap 1 is their client
To avoid WESCOT taking further action we must! 1,pay ye debt in full or 2, contact them by phone, failure to do so will result in further recovery action
I sent the 'sold while in dispute' letter to wetcloths

04/07 letter from Wetclots, they have contacted their client, their client sent a final response 15/03/2012, they believe the dispute has been resolved abd requie the full balance or an agreed monthly payment is required by return,
If I believe i still have a valid dispute, i have to contact them in the next 14 days or the account will be returned to the recovery team for collection

11/08 letter from Nelson Guest and partners, instructed by Wescot, acting on behalf of Cap one, Unless we contact Wescot with: full payment OR realistic options for a suitable repayment plan, that can be agreed, within the next 10 days of the date of this letter(07/08/12) further recovery action will be taken.

letter sent to NG&P final response UE CCA received

23/08 letter from wetcloths 20/08 Doorstep collection notice, I am to read this notice carefully. as they know of no genuine reason why we have failed to pay the outstanding balance, they have instructed their agent to make an appointment with us to visit our home and agree with us how to repay the debt, letters must have crossed so will ignore this for now,
I can still avoid a call by the Door step collecton agent by phoning them IMMEDIATELY

14/09. letter from wetcloths they are looking into the matter account on hold

15/09.letter from wetcloths, they have contacted Cap 1 who advised that they provided the docs in Feb and have issued their final demand in March,Therefore the debt is enforcable.
they would like me to pay in full or an agreed monthly payment is required by return,
If I belive I still have a valid dispute I am to contact them with the details within 14 days or the account will be returned to their recovery team for collection

any Idea what to send next? or do I wait?

[swanfan]

Re: Nightwatch & Hubbys Diary of debt

any Idea what to send next? or do I wait?

I'd wait and see what they send next.

[pepe2008]

Re: Nightwatch & Hubbys Diary of debt

Crap 1 seem adamant that a blank set of T%Cs is sufficient .... in my case it's Fred-dick=sons trying it on with the same correspondence from Crap 1.

[Never-In-Doubt]

Re: Nightwatch & Hubbys Diary of debt

I'd wait and see what they send next.

me too

[nightwatch]

Re: Nightwatch & Hubbys Diary of debt

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 signiture
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 signiture 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 dissapointed 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 alternativebut 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 transfered 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 signiture,

21/09 letter from triton(17/09) Notice of legal proceedings, they remain very dissapointed that I have failed to settle the debt or make satisfactory repayment proposals
they have now recomended 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 signiture is not needed, and why they have never answered any questions asked in subsiquent letters to them.

should I send a letter pointing out that they refuse to send my CCA, along with a copy of the original CCA request and a copy of the Sold while in dispute letter?

[Deepie]

Re: Nightwatch & Hubbys Diary of debt

should I send a letter pointing out that they refuse to send my CCA, along with a copy of the original CCA request and a copy of the Sold while in dispute letter?

I would just send this----->Threat by Creditor - To Commence Litigation