Originally posted by SXGuy
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SXGuy's UE Diary
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Re: SXGuy's UE Diary
Yep send the threat of litigation mate, to Bryan Carter and send a copy of that to Freds....
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Re: SXGuy's UE Diary
Right think what ill do is send two letters, one to fredricksons and the other to Bryan Carter, both threat of litigation i think.
After reading other threads it seems they pull the same stunt with everyone, even down to the same letters.
This account is just under 3k, so chances are they will go to small claims, so need to make them think twice.
Has any one else seen Bryan Carter off with a UE account?
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Re: SXGuy's UE Diary
Update guys
Got a letter from Bryan carter re capital one, saying i have 14 days to make a repayment proposal or they will recommend litigation to their client.
They list court fees etc that would be added.
Niddy confirmed UE, they sent application form, seperate prescribed terms, current and past T's and C's
Advise please?Last edited by SXGuy; 13 July 2012, 09:51.
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Re: SXGuy's UE Diary
another little update, this one made me chuckle.
Finally heard from DLC again re MBNA, who have confirmed the account is UE.
The letter simply states. "We have some new information regarding your account, please kindly contact us"
Em, i dont think so!, no CCA since first request back in December 2011, so they can continue to jog on! lol
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Re: SXGuy's UE Diary
Thanks FP and I2D, i hadnt seen those before, but i was aware of what the OFT had said.
Ill sit on their letter for now, its no longer about the signature, its about the continued failure to understand a simply right or requirement under CCA 1974, Natwest are a bank, whoever is in the section that deals with requests should at the very least have a basic understanding on what CCA intails.
If the shoe was on the other foot, i can hear the words "ignorance of the law is not an excuse" and its not for me to remind them of the law either.
Whatever, they remain in default, i can prove the request was received, irrispective of the £1 being sent back, and sending my request letter back does not consitute as not receiving it.
So all this, is only helping the account to remain UE, im happy with that. lol
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Re: SXGuy's UE Diary
http://forums.all-about-debt.co.uk/s...&postcount=267
Have you seen this here ^^^^^^
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Re: SXGuy's UE Diary
Yes, i think you are right. Its not for me to explain to them the law, i have done everything reasonable to request a copy, they have failed to supply it. I got a letter which they have stamped, proving i requested it, as well as receipts. As far as im concerned, ive done my job.Originally posted by evenlessdopey View PostI think they do this to piss you off sometimes, then again, the standard of employee is so dire they just might be simply numpties.
when we were on the DMP a BOS employee wanted to know why I was able to pay my BNP subscription but not my credit card bill, I promptly complained and got 50 quid for my pain and suffering...............................
personally I would consider them in default
Im looking forward to seing what they do with the other Natwest account now lol, no doubt that letter will come tomorrow.
IF they start taking action, then ill respond, but until then, they are in default.
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Re: SXGuy's UE Diary
Re- send CCA request as some idiot(s) seem to think it comes with SAR as we know it does not, there again if they send one would be a bonus, others I am sure will advise also.
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Re: SXGuy's UE Diary
I think they do this to piss you off sometimes, then again, the standard of employee is so dire they just might be simply numpties.
when we were on the DMP a BOS employee wanted to know why I was able to pay my BNP subscription but not my credit card bill, I promptly complained and got 50 quid for my pain and suffering...............................
personally I would consider them in default
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Re: SXGuy's UE Diary
ok another update, this time Natwest, and whoever dealing with it, must be complete numpties!
If you recall, i send my £1 with a CCA request, they replied asking for a signature, to which i replied with the template explaining theres nothing removing the act that requires a signature.
Today then have sent a letter, saying "thank you for your Subject Access Request" they have returned the £1 PO, and said, to reply with a £10 PO and it will be sent within 40 days.
They have sent back my letter regarding the signature, and some div has written on it "SAR".
now i dont know how many times you have to ask for your credit agreement before the understand, but this takes the piss.
I now have, receipt to prove the CCA request was sent, proof of PO, my original CCA request letter sent back, with a date stamp, and with hand written "no signature" on it. and now this letter.
Question, should i just ignore until they start threaning, or should i follow up with a reminder? as far as i can see, i have all the proof i need to show i requested it and they are in default, so while they continue to not understand what i asked for, i could just ignore and leave them in default?
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Re: SXGuy's UE Diary
nope, stopped all payments except for HSBC which have agreed £50 a month, set up a standing order, laugh of it is, it expires in 2035 LOL
Likelyhood is its UE, but i need that account at the moment due to business banking and cant risk losing it or them using ROSO, so thats the only one im currently paying.
Everyone else, i stopped all token payments.
Some creditors have accepted UE and closed their file, Egg, MBNA.
Some have failed to comply with CCA Request, Mint, Natwest, Opus (Citi).
The rest that are either enforceable, or UE but creditors refuse to accept it, im just continuing to play letter tennis, or ignore till threatend with anything.
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Re: SXGuy's UE Diary
Just wondering why you are still making tokan payments, won't this stop them becoming statute barred ?Originally posted by SXGuy View PostMBNA
Balance: £8818.88 including charges.
Agreement: Around 2004 (not sure exact date)
Last min monthly payment: August 2011
Default Notice: 30th September 2011
6th December 2011: Notice of Assignement letter received from both MBNA and DLC (Hiliesden Securities Ltd)
6th December 2011: Telephoned DLC offering £1 per month with review in 6 months
7th December 2011: Letter from DLC refusing payment offer and threatening charging order on property
7th December 2011: CCA request sent
21st December 2011: 2nd CCA request sent
22nd December: Received reponse to first CCA request stating would be in touch within 21 days(ignored)
4th January 2012: 3rd CCA Request sent
5th January 2012: Reply to 2nd CCA request admiting they are in default of account and can not enforce the debt, however, they can still ask for payment in any manor they see fit, and dispute should not be used to withold payment (ignored)
Confirmed
6th January 2012: Numerous phone calls logged and message left on answerphone (ignored)
9th January 2012: Letter received, stating that reply to letters had failed and may seek an agent to visit property.
10th January 2012: Letter to stop all agent appointments sent.
Update:
23rd January 2012:DLC leaves an answerphone message on both home phone and work phone (think another letter is in order)
27th January 2012: Letter from Aplins Solicitors asking to telephone DLC regarding full payment or arange repayment within 7 days or may instruct to proceed with legal action
27th January 2012: Sent reply to Aplins using template from here, stating account still in dispute and no enforcment can be made, also attached copy of letter from DLC stating they will not take enforcement action whilst account remains in dispute.
28th January 2012: Received letter from Hillesden Securities (DLC) aknowledging removing of telephone numbers and no agent visit without prior arrangement. (Awww shame! NOT!)
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
31st March 2012: Letter from DLC reminder of balance outstanding (yeah a reminder cos they cant do f all else, still in default of CCA request)
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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)
Update: 22nd March 2012: you may notice a lot of unknown a/c numbers throughout this one. it recently only came to light due to alot of searching that the egg account to which they first refered to, does not match the account number originally assigned to the egg account.
There is also some confusion when BC rang regarding the egg account, as they asked to speak to my late father, which seems strange, and makes me wonder if the agreement was originally in my fathers name. That together with the unknown account number means this one needs to be looked in to now.
27th March 2012: CCA request sent
29th March 2012: receive letter from AIC / Stating CCA request should be sent to OC, however they have fowarded on the request and they are relying on OC to deliver within timelimit (Request is currently in default and deemed UE until further notice)
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HSBC Gold Credit Card
Balance: 10,000 and rising
Agrement: pre 2007 (Over 30 years)
Last Monthly payment: August 2011
Current repayments: £10 per month
Default Notice: yes, will check date
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.
7th March 2012: Receive letter from manager of collections dated 28th February, stating that previous letter did not include signature, and could not act on information, normal collection proceedings to continue
7th March 2012: wrote back and included original letter but with my mothers left handed attempt at a signature included LOL
March 2012: letter from HSBC / passed debt to metropolitain collection services
31st March 2012: received letter from metro asking to telephone to arrange payment
31st March 2012: offered £50 per month / account on hold for 30 days while they await an I & E form.
Note: I intend to not pay them diddly, but havent had a chance to set up a new bank account with someone else yet, so biding my time before i slap them with a CCA Request, niddy advises its 100% UE regardless.
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Capital One assigned to Fredricksons
Balance: 2,864.27
Arrears: Around £600
Agrement: 1998
Last Monthly payment: April 2011
Current repayments: none
Default Notice: none yet
Account Status: terminated
17th February 2012: received letter/ current arrangement about to end 3rd April 2012
27th March 2012: CCA Request sent (Currently in default of account, UE until they send something)
23rd April 2012: Received Signed application form, blank recon agreement, t's and c's from then and now, await Niddys Inspection.
Niddy confirms 100%
lack of presribed terms at account inception
Will take pleasure in notifying them of this.
9th May 2012: Received Notice of Sums in Arrears (Ignored)
22nd May 2012: letter from Capital one / account terminated, may pass to DCA
25th May 2012: letter from Fredrickson and numerous calls, repay debt in full
27th May 2012: Sent Account Sold Whilst In Dispute
31st May 2012: letter from Fredricksons, account on hold for 14 days, contact cap one directly for CCA Request
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M & S Money
Balance: 8635.80
Agrement: November 2003
Last Monthly payment: November 2011
Current repayments: £1 per month
Default Notice: served 28/02/12
17th March 2012: Letter received / agreed arangement expired, contact us to discuss
27th March 2012: CCA Request Sent
30th March 2012: automatied answerphone message asking to telephone them to discuss account (ignored and number blocked)
12th April 2012: Received CCA - Emailed to Niddy
15th April 2012: Niddy confirms 100%
Note: Will continue to pay £1 per month or consider f & f sometime in the future.
5th May 2012: Received a 2nd default notice, first one sent 28th Feb 2012
28th May 2012: Final Demand Letter Received / May pass debt to external agent who may demand payment or issue court proceedings
29th May 2012: Sent Missing Prescribed Terms
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Lloyds Credit Card
Balance: 7465.50
Agrement: pre 2007 (will double check)
Last Monthly payment: November 2011
Current repayments: £1 per month
Default Notice: (will double check)
29/03/2012: Received NoA from Moorcroft / To prevent recommendation to our client to proceed with litigation, telephone to discuss payment
02/04/2012: Sent CCA Request
10/04/2012: Received letter / possible litigation (ignored)
11/04/2012: Received letter / CCA payment must be made to OC
12/04/2012: Sent DCA Refusal to accept CCA Request
05/05/2012: Received another letter/ Possible litigation
05/05/2012: Sent template, CCA Final Demand
09/05/2012: Received CCA Request, Emailed Niddy Niddy Confirms
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Opus Credit Card assigned to 1st Credit
Balance: 6087.26
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: (will double check)
16th April 2012: letter from opus dated 13/04/12 notice of assignment to 1st Credit, affective 23/03/12 / Pay outstanding balance or telephone to arrange repayment
17th April 2012: CCA Request Sent.
24th April 2012: Letter recieved dated 20/04/12 / Account on hold while they request CCA
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Barclaycard Assigned to Link Financial
Balance: 7400ish
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: none
17/05/2012: NoA to Link Financial / Current arrangement to pay will continue for 6 months, redirect payment to Link Financial
29/05/2012: Sent CCA Request
07/06/2012: Letter from Link, Do not currently hold agreement, will contact OC, could take 30 days.
16/06/2012: Letter from Barclaycard, cant find agreement, have closed account, confirms
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NatWest Gold
Balance: £10,000
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: Will double check.
22/05/2012: Payment arrangement due for review, contact us or your money adviser (Niddy
) to discuss your repayment proposals
Will be sending a CCA request off tomorrow
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NatWest Black
Balance: £15,529.89
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: Will double check.
28/05/2012: Payment arrangement due for review, contact us or your money adviser (Niddy
) to discuss your repayment proposals
07/06/2012: CCA Request Sent
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MINT
Balance: £10,143.27
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: Will double check.
07/06/2012: CCA Request Sent
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Re: SXGuy's UE Diary
little update, M & S have sent a one sentence letter, it says, "please telephone our offices immediately to discuss your account"
Sorry i dont ring 0845 numbers, oh well!
I guess while they arnt threatening anything i may as well just file the letter away.
(i really need to update my diary! lol)
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Re: SXGuy's UE Diary
another little update, Mint have sent a statement detailing the min payment which includes arrears, and outstanding balanace, looks like account hasnt been terminated yet.
They mention that the last payment was missed, yeah, no shit sherlock, perhaps thats because they are still in default of my CCA Request lol.
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Re: SXGuy's UE Diary
Little update, received 2 letters from fredricksons re capital one.
Both dated 28th June, one says, account on hold while they investiage, the other says, their client confims the cca was sent in April.
Hmm, i think i only received the first letter
think ill see what they do next.
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