SXGuy's UE Diary

[SXGuy]

Re: SXGuy's UE Diary

hey guys, update to this thread

17th February 2012:Received letter from Hillesden Securites, aknowledging letter sent on 27th, and apologising for solicitor letter saying it was sent in error, but says, they are still trying to recover the agreement from MBNA, and until then, they are entitled to rely on the regulated credit agreement as evidence that i agree to repay and debt incurred under the agreement. (um. they say they havent got the agreement yet rely on it as evidence? i smell something brown there!)
It also says, "As the above account defaulted on 30 September 2011, the outstanding balance of £8818.88 became the arrears. and it is now overdue" (um. surely the arrears is the amount defaulted, not the whole balance?)

Can the whole balance become the arrears after default, or just the amount outstanding since last full payment?

Also, check out the bit where they say, they rely on the agreement as evidence of debt, but in a previous paragrah, they say they are still waiting for MBNA to produce the agreement, so how can they contradict theirselves? lol

[SXGuy]

Re: SXGuy's UE Diary

well i dont have a letter from MBNA stating they havent got the agreement, that letter was probably sent to DLC which they are keeping close to their chest.

All i have received are about 3 letters now from DLC all saying, they have not got the agreement and continue to persue MBNA for it. That to me says, MBNA doesnt have it.

Its been way over 2 months now and not even been sent a recon.

When i received their solicitors letter yes i sent back the template confirming no CCA and included a copy of their letter stating they can not enforce collection because they have been unable to obtain the agreement.

If the CCA request had been done before DLC bought the debt then id imagine id have the letter confirming no CCA but i can clearly see that DLC are witholding that information in an effort to keep asking for payment.

All thats neither here nor there as they still cant enforce it whatever they say i agree with you, i just found it funny that 1 letter can say they dont have it and in the next paragraph say they are relying on it to continue asking for payment lol. In affect, they are relying on hearsay.

And moreso their most recent letter states, that because my mother had received statements from MBNA in the past, they rely on that as being evidence that the agreement to repay remains with my mother. Again, hearsay, not once has my mother confirmed to them shes ever received statements. All DLC would know is, they had bought an account with an outstanding balance.

You just have to laugh at the words they use to try and scare you.

[SXGuy]

Re: SXGuy's UE Diary

its an original MBNA credit card, sold to DLC, its pre 2007 so regardless, if they do produce one, i think it will be UE anyway.

But as you say, 2 months is plenty of time.

[SXGuy]

Re: SXGuy's UE Diary

EGG SOLD TO BC - SOLD AGAIN TO AIC

Balance: £8000ish
Agreement: Pre 2007 (will double check exact date)
Last min monthly payment: October 2011
Last £1 token payment: January 2012
Default Notice: January 2012

November 2011: Letter from Mercers accepting arrangement to pay £1 per month, request to make first payment December 2011 and each month thereafter
17th January 2012: Receive default notice from mercers re account
4th February 2012: Receive letter from Barclaycard demanding full payment
8th February 2012: sent letter to barclaycard, enclosed copy of arrangement to pay £1, default notice and explained guidelines on issuing DN's under an arrangement to pay.
18th February 2012: receive letter from Barclaycard dated 14th February saying they have sold account to Allied International and should telephone them make a payment. (Prob couldnt be bothered to argue the invalid DN)
20th February 2012: receive 4 telephone calls and 2 messages from Allied asking to telephone them regarding a "personal business matter" (LOL ignored)

Update to diary, thought id add this info as its gonna drag on abit now i reckon.

Had no letter from Allied confirming debt yet, only calls.

Will hit them with a CCA request when i receive a demand for payment.

[SXGuy]

Re: SXGuy's UE Diary

EGG SOLD TO BC - SOLD AGAIN TO AIC

Balance: £8000ish
Agreement: Pre 2007 (will double check exact date)
Last min monthly payment: October 2011
Last £1 token payment: January 2012
Default Notice: January 2012

November 2011: Letter from Mercers accepting arrangement to pay £1 per month, request to make first payment December 2011 and each month thereafter
17th January 2012: Receive default notice from mercers re account
4th February 2012: Receive letter from Barclaycard demanding full payment
8th February 2012: sent letter to barclaycard, enclosed copy of arrangement to pay £1, default notice and explained guidelines on issuing DN's under an arrangement to pay.
18th February 2012: receive letter from Barclaycard dated 14th February saying they have sold account to Allied International and should telephone them make a payment. (Prob couldnt be bothered to argue the invalid DN)
20th February 2012: receive 4 telephone calls and 2 messages from Allied asking to telephone them regarding a "personal business matter" (LOL ignored)

24th February 2012: 4 calls from Allied, 1 message left (ignored, still havent received a letter from them, fingers crossed they will just keep calling lol)
24th February 2012: receive letter from Barclaycard dated 17th February 2012 in response to letter sent 8th February, "disappointed we felt the need to complain, will investigate and enclose complaints leafleft" (Love these standard letters they all send, anyway will wait to see the outcome)

-----------------------------------------------------------------------------

HSBC

Balance: 10,000 and rising
Agrement: pre 2007
Last Monthly payment: August 2011
Current repayments: £10 per month
Default Notice: none yet

27th September 2011: Receive letter from HSBC accepting arrangement of £10 per month, and state final demands and default notice will continue in due course.
4th February 2012: Final demand notice (ignored)
21st February 2012: another Final demand notice (everything same except overdue amount has increased, and been sent from difference office)
24th February 2012: Sent letter to HSBC reminding them of payment arrangement, enclosed copy of their letter confirming, offered to increase payments with help from 3rd party to £50 per month starting April 2012.
Unfortunatly, i dont wish to rock the boat with HSBC just yet, do alot of personal and business banking with them, and would rather not risk the chance of them exercising their right to pinch money from an account to repay the debt, will continue to monitor situation and decide where to go as and when anything changes.

Hi Guys, updated diary once again.

Notice the amendments to Barclaycard, and the new one for HSBC.

As i stated before, not really in a position to mess with HSBC just yet, to much money going through there accounts, and not alot i can do about it right now, so will have to keep playing to all i can afford is XX game until they agree something.
They havent decided to default my mother yet, even though it will be 6 months next month since she started paying less than min repayments. Dunno why they are holding off, perhaps they are being nice (or just want to add more charges and interest, who knows!)


Havnt done anything about Allied as all they do is keep ringing and some nice scottish man keeps asking to ring regarding a "personal Business Matter" so until i get a letter from them i will keep ignoring, then hit them with a CCA request if i do get a letter.

On a side note, my mothers been in an arrangement with CaptialOne, suprisingly they have been really nice about it, no default served, no hassle from the phone, nor has she received standard crap letters demanding payment, they only letter she has got so far is a reminder than the arrangement is due to end next month and to either repay the overdue amount or telephone to discuss repayment.

Not sure whether my mother wishes to hit them with UE just yet, but will def request a CCA anyway.

[Never-In-Doubt]

Re: SXGuy's UE Diary

HSBC - they will utilise RoSO regardless of whether you're actually defaulted with them mate - usually they'll give a year of reduced payments then they'll look to exercise their right by taking from current accounts etc.

However if you make the actual minimum payments, then they're not as likely to do this so it depends what you're paying (£10 would suggest reduced payment which means you ARE at very high risk of them utilising RoSO)....

Just remember - I did warn you

[SXGuy]

Re: SXGuy's UE Diary

ok thanks for that info mate, do they usually warn of it before action?

I will have to speak to my mother about this one then, as im not sure shes in a position to even pay the min repayments, she has upped her offer to them, but she really needs to find a way to avoid RoSO.

I think she may be able to move her current account somewhere else, but would they touch her business accounts with RoSO?

[Never-In-Doubt]

Re: SXGuy's UE Diary

ok thanks for that info mate, do they usually warn of it before action?

I will have to speak to my mother about this one then, as im not sure shes in a position to even pay the min repayments, she has upped her offer to them, but she really needs to find a way to avoid RoSO.

I think she may be able to move her current account somewhere else, but would they touch her business accounts with RoSO?

They shouldn't touch a business account but if it is a LTD company or sole trader and in her name then I guess they may well do....

I dunno mate, see what happens - if anything don't keep a lot in there, just keep what you need for bills and that way they'll never empty you out, as such.

[Deepie]

Re: SXGuy's UE Diary

HSBC tried it with me ....but they did ask first I just said no you can't & now don't use that account anymore.

[SXGuy]

Re: SXGuy's UE Diary

Ok niddy thanks, yeah my mother is a sole trader partnership with me in her business, the business account does state the business name but its T/A my mother.

If they did touch the account, i think they would have a hard time not putting it back, income from the business is not her personal income, its the turnover, what she gets is a share of the profits, and what they would be doing should they touch it, is not only affecting the running of a business, but taking MY income as well, which of course should not have anything to do with HER debt, so id fight tooth and nail with that one.

She has a great relationship with the business manager at her branch, im sure should anything like that ever happen, they would help all they could with it.

In regards to her current accounts, she tells me the most that goes in there is her pension, she said she is aware they could do that, and to be honest doesnt sound to bothered, so perhaps theres less money in her current account than im led to believe.

[SXGuy]

Re: SXGuy's UE Diary

HSBC tried it with me ....but they did ask first I just said no you can't & now don't use that account anymore.

Cool, fingers crossed they do that with my mother also, and we will argue the point ive stated above.

Id love to see them justify the fact that they dont allow business debt to be included in an I & E yet feel it ok to nick money from it.

Taken from the Financial ombudsmans website

the account from which the firm transfers funds – and the account from which the money would otherwise have come – must both be held in the same capacity by the customer concerned. So, for example, if Mrs C holds a savings account in her capacity as treasurer of a local society, the firm cannot take money from that account to pay Mrs C’s personal credit card bill that she normally pays from the current account she holds in a personal capacity.

So in "theory" a business account should not be used to repay a personal credit card debt.

[SXGuy]

Re: SXGuy's UE Diary

MBNA

17th February 2012:Received letter from Hillesden Securites, aknowledging letter sent on 27th, and apologising for solicitor letter saying it was sent in error, but says, they are still trying to recover the agreement from MBNA, and until then, they are entitled to rely on the regulated credit agreement as evidence that i agree to repay and debt incurred under the agreement. (um. they say they havent got the agreement yet rely on it as evidence? i smell something brown there!)
It also says, "As the above account defaulted on 30 September 2011, the outstanding balance of £8818.88 became the arrears. and it is now overdue" (um. surely the arrears is the amount defaulted, not the whole balance?)
7th March 2012: Alls quiet on the western front

Quick update, nothing new, other than the fact the last time we heard from DLC was 17th Feb, seems they have finally given up the ghost on this one.

(Dont want to jinx it lol)

[SXGuy]

Re: SXGuy's UE Diary

Hey guys, finally got a letter from Allied International Credit today.

Apprently it seems that the account was only assigned to them to recover the debt, as they state their client is Barclaycard.

They offer a 25% initial payment of the outstanding balance and £119 monthly repayments for 48 months, or 219 for 36.

Will double check figures but that looks less than the full balance

Another point to mention, ive updated my first post regarding this account because of the dodgy answerphone message asking for my late father instead of my mother, and checking every letter from barclaycard since they took over the egg account, has had an unknown account number shown on it.

Ive check an old Egg statement, and checked all of my mothers barclaycard statements, and neither match the account they keep mentioning.

Should i send a CCA request or SAR? i know this has been answered before, but im unsure whether i should be querying the account number or trying for UE with this one?

[Never-In-Doubt]

Re: SXGuy's UE Diary

send cca - just remind me, is this your debt or not? sorry, long day!

or link me to the explanations - thanks mate

[SXGuy]

Re: SXGuy's UE Diary

send cca - just remind me, is this your debt or not? sorry, long day!

or link me to the explanations - thanks mate

No worries.

EGG SOLD TO BC - SOLD AGAIN TO AIC (allegidly)

Balance: £8000ish
Agreement: Pre 2007 (will double check exact date)
Last min monthly payment: October 2011
Last £1 token payment: January 2012
Default Notice: January 2012



November 2011: Letter from Barclaycard / bought egg account contact us to discuss payment (unknown a/c number)
November 2011: mother rang B/C agreed £1 payment per month
November 2011: Letter from Mercers accepting arrangement to pay £1 per month, request to make first payment December 2011 and each month thereafter
15th January 2012: receive letter from BC / bought egg account change standing order details (same unknown a/c number)
17th January 2012: Receive default notice from mercers re account
4th February 2012: Receive letter from Barclaycard demanding full payment (same unknown a/c number)
8th February 2012: sent letter to barclaycard, enclosed copy of arrangement to pay £1, default notice and explained guidelines on issuing DN's under an arrangement to pay. (quoted a/c number)
18th February 2012: receive letter from Barclaycard dated 14th February saying they have sold account to Allied International and should telephone them make a payment. (unknown a/c number)
20th February 2012: receive 4 telephone calls and 2 messages from Allied asking to telephone them regarding a "personal business matter" (LOL ignored)
24th February 2012: 4 calls from Allied, 1 message left (ignored, still havent received a letter from them, fingers crossed they will just keep calling lol)
24th February 2012: receive letter from Barclaycard dated 17th February 2012 in response to letter sent 8th February, "disappointed we felt the need to complain, will investigate and enclose complaints leafleft" (Love these standard letters they all send, anyway will wait to see the outcome)
3rd March 2012: Continued calls from AIC all week, cept now they give 4 rings and hang up (will be getting a call blocker machine soon so just holding out)
7th March 2012: 4 Ring calls still continue every day
March 2012: letter back from barclay card / £1 per month was not agreed arrangement, £31 was, therefore doesnt fall into AP marker rules
22nd March 2012: Letter from AIC, stating they deal with debt on behalf of BC (they never sold it!) (Again unknwon a/c number)

Its the egg account sold to Barclaycard then sold to AIC.

There was some confusion previously as to whether the default notice they severed was valid. i think you will recall that convosation.

Well it later transpired, that ever since they first notified my mother of the egg account being assigned to them, the account number they state on each letter has no bareing to any account my mother has had, with egg or barclaycard originally.

There was also some doubt as to whether they originall egg account was in the name of my father not my mother, and since then Barclaycard did also telephone asking for my late father.

So i have a couple of things, do i SAR to find out what the hell thi account number is, and indeed who owned it. or do i CCA then and see if that matches any account i know of?