stuffthebanks' UE diary

[stuffthebanks]

Re: Stuff the banks ue diary

Or a quick trip to the Cornflakes factory for another shot at an agreement.

[Never-In-Doubt]

Re: Stuff the banks ue diary

Hi

Ok, as stated previously this is unenforceable based on the terms not relating to the product you signed up for, ie they were added at a later date and the fact you never ever received any with the card itself, or at application is the underlying reason that this is unenforceable.

If you told me in your past emails that you did get terms with the account, then it would be easy to rectify and make enforceable.

Also, we are unsure of when they officially defaulted you (not credit file, I mean s.87/s.88) however a SAR will resolve that.

Send missing PT's to try-it-on and consider your repayment proposal.... also send an advanced SAR to Mint/RBS as we need this DN as most of their DN's are bad so if they did try and pursue you, we'd rely on the bad DN as a defence - assuming of course it is bad.

Clear?

[Pixie]

Re: Stuff the banks ue diary

Sorry...
Another thought.....
If Triton have said in this last letter that they will now pursue further action against me, without delay and without further warning....am i too late in sending the missing prescribed terms letter?
Just a thought....

They said the same to me in September 2010...that's a delay of almost 2 years because I'm still waiting

[Never-In-Doubt]

Re: Stuff the banks ue diary

Hi

Ok, as stated previously this is unenforceable based on the terms not relating to the product you signed up for, ie they were added at a later date and the fact you never ever received any with the card itself, or at application is the underlying reason that this is unenforceable.

If you told me in your past emails that you did get terms with the account, then it would be easy to rectify and make enforceable.

Also, we are unsure of when they officially defaulted you (not credit file, I mean s.87/s.88) however a SAR will resolve that.

Send missing PT's to try-it-on and consider your repayment proposal.... also send an advanced SAR to Mint/RBS as we need this DN as most of their DN's are bad so if they did try and pursue you, we'd rely on the bad DN as a defence - assuming of course it is bad.

Clear?

In case you missed this mate

[stuffthebanks]

Re: Stuff the banks ue diary

Cheers Nidd's...
I think the SAR is a good idea, and i will sort that out this week.
After much thought,for now,i think maybe i will try and get a payment plan into place,pay what i can afford,then see what comes along with the SAR.
Bottom line with this one is that the CCA alone may not be enough to defend should it go to court,but with a bad DN its a much better proposition.
I know many would disagree and go the blagging route for now, but i have previous with RBS and i have no intention of letting them hit me again....
I fight to win.....The odds are not yet stacked in my favor

[stuffthebanks]

Re: Stuff the banks ue diary

HFC
Flexible loan.
Started: 2003
Defaulted:2011
Balance:£800
Last payment:July 2011
Now paying:Nothing

31/1/12...CCA request sent to HFC.
27/2/12...Account in default letter sent to HFC, as no CCA has been received.
7/3/12.....letter received from HFc advising account in arrears..no mention of my previous letters sent....

I think i may re send the account in default letter,i never recorded the one sent out on 27/2/12,but i did record the CCA request along with £1.00 postal order on 31/1/12....i reckon 2nd class recorded should do it...

14/3/12....Letter received from HFC....They are concerned we have not reached an arrangement for the repayments.
Considering the appropriate course of action..DCA,solicitors etc,etc...
They may consider temporarily suspending payments,or accept reduced payments.

Advice welcome...my thoughts are that i should send a reply reminding them of the failure to respond to my CCA request...

21/3/12....Letter received today from HFC.....FINAL DEMAND...After numerous attempts to resolve account its now being passed onto their litigation dept.
I guess because i am still waiting for my CCA, FOR WHICH THEY ARE IN DEFAULT..i would assume that i ignore this threat letter....or do i????

22/3/12...Letter received today from HFC....please be advised your account is now in arrears blah,blah,blah,Account is now being handled by the recoveries section.
We urge you to respond to this letter...
Ignore...still waiting for the CCA....

31/3/12...After sending back copies of the £1.00 postal order and proof of postage i sent out on 31/1/12...i received a letter back today from HFC....They confirm receipt of my letter dated 15/3/12 requesting ......Subject Access Request....??????????
They do as previously advised need a signature,it can be either a copy of passport or driving license.....
Once they receive that they will respond within the guidelines of 40 days....

Now... dilemma....do i ignore....they are after all so stupid i dont think anything i respond with will register.......
Or do i send them a bugger off and dont contact me again until you send the correct documents i requested back in January?????

6/4/12...I never responded to the last letter sent.....received from HFC on the 5/4/12 a letter stating all of the things they can do if payments do not resume on account.....while bearing in mind they are still in default of my CCA request, ensures this letter will be filed and ignored...

12/4/12..Oh happy days......Letter received today from HFC..
Its a default notice..dated 11/4/12...not sure on this default lark..but i know i have it in writing from last year..a default notice dated 19/4/11....Do they issue one per year??????
As far as i am concerned i ignore this because they have yet to produce the CCA....

11/5/12...Letter received today...without prejudice....
We write with reference to your account and our earlier correspondence.
Your account remains in arrears...Blah,blah....threats to pass on to solicitor,Charging orders,baliffs etc...

18/5/12...Letter received today on a crappy tatty piece of yellow paper....made me sick just opening the letter...
Its from a company called Debt litigation and Recovery service,which i guess is short for
They have received instructions from HFC to hound me into the ground for payment...all the usual rubbish...contact them immediately by phone etc....
It does actually sya.."if there is a genuine reason you cannot settle the debt call them....well No CCA from HFC is what i think i should send back to them...

26/5/12...3 letters today...all the same...from DLRS...They want to offer a reduced amount which could be 60% of the balance...
Then the usual threats....to finish off.....this is your opportunity to resolve this matter,your action will decide the outcome....
Easy this.....ignore....

23/6/12...Letter received today from Restons Solicitors....
They are instructed by HFC to claim immediate payment of the outstanding balance.
We must ask you to pay the sum of £*** direct to this office by Friday July 6th, failing this we have strict instructions to issue a county court summons for the full balance.
We are instructed to seek a judgement against you which will be registered by the court, if obtained.

Our client may be prepared to accept payment by instalments...etc,etc,etc,.....
They have also sent an income and expenditure sheet, thats gone straight in the bin...

Now i guess because i have yet to receieve the CCA requested months ago, and in view of this letter i should send the threat o gram letter.....
But i really want to send them a f*** you letter
The letter is full of scare tactics and i want to respond accordingly.......
Advise most welcome......

25/6/12...Niddy special sent to Restons and HFC today via special delivery...

27/6/12.....Well quick response from HFC....Letter received today....but its not my CCA
Its a thank you for your complaint...
A thorough investigation will be conducted into the issues raised.
Your comments are extremly valuable and we are concerned you are unhappy that we have not actioned your request...
At least they might actually attempt to dig something out now regarding the CCA...lets just hope its pants if they do.....
Big thanks to for the excellent special he wrote....

5/7/12... Letter received from HFC today...dated 2/7/12...
They confirm receipt of letter dated 23/7/12 requesting information under section 77/78 of the CCA act..
As previously advised in our letters dated 9/3/12 and 28/3/12, we require the following additional information...
A fee of £1.00....
Proof of ID.- Copy of driving licence or passport, or signed request....
Once received they will respond to our request within the guidelines....

My response i think should contain some reference to the fact that they have had the £1.00 fee,and i have sent photo copies of postal order and proof of postage.....
As far as ID....No way will they get a signature....what about me sending a photo copy of both driving licence and passport, but with the signature obscured.....

19/7/12...Letter received from HFC in response to one of the letters i sent to them recently....
They are investigating my complaint, and they ask for me to be patient as it may take up to 28 days.....
They don't say from which date the 28 days starts from
I still have no CCA....a hunch...but i think they are p****** in the wind with this one.....

7/8/12...Long letter received today from HFC.. its in response to my complaint...the Niddy special sent on 25/6/12..
I will post the full details on the secure area everything legal..under Restons solicitors...
They are basically stating that they have no proof i ever sent the original request for the CCA back in January...no postal order has ever been cashed.
I never sent it recorded delivery, i sent it with a receipt of proof of postage...
They make no mention of the request under cputr..
They still want me to provide a signature for my CCA....
I will let you have a look at the whole letter on the legal area as mentioned, and will update on here later...

[stuffthebanks]

Re: Stuff the banks ue diary

HFC
Flexible loan.
Started: 2003
Defaulted:2011
Balance:£800
Last payment:July 2011
Now paying:Nothing

31/1/12...CCA request sent to HFC.
27/2/12...Account in default letter sent to HFC, as no CCA has been received.
7/3/12.....letter received from HFc advising account in arrears..no mention of my previous letters sent....

I think i may re send the account in default letter,i never recorded the one sent out on 27/2/12,but i did record the CCA request along with £1.00 postal order on 31/1/12....i reckon 2nd class recorded should do it...

14/3/12....Letter received from HFC....They are concerned we have not reached an arrangement for the repayments.
Considering the appropriate course of action..DCA,solicitors etc,etc...
They may consider temporarily suspending payments,or accept reduced payments.

Advice welcome...my thoughts are that i should send a reply reminding them of the failure to respond to my CCA request...

21/3/12....Letter received today from HFC.....FINAL DEMAND...After numerous attempts to resolve account its now being passed onto their litigation dept.
I guess because i am still waiting for my CCA, FOR WHICH THEY ARE IN DEFAULT..i would assume that i ignore this threat letter....or do i????

22/3/12...Letter received today from HFC....please be advised your account is now in arrears blah,blah,blah,Account is now being handled by the recoveries section.
We urge you to respond to this letter...
Ignore...still waiting for the CCA....

31/3/12...After sending back copies of the £1.00 postal order and proof of postage i sent out on 31/1/12...i received a letter back today from HFC....They confirm receipt of my letter dated 15/3/12 requesting ......Subject Access Request....??????????
They do as previously advised need a signature,it can be either a copy of passport or driving license.....
Once they receive that they will respond within the guidelines of 40 days....

Now... dilemma....do i ignore....they are after all so stupid i dont think anything i respond with will register.......
Or do i send them a bugger off and dont contact me again until you send the correct documents i requested back in January?????

6/4/12...I never responded to the last letter sent.....received from HFC on the 5/4/12 a letter stating all of the things they can do if payments do not resume on account.....while bearing in mind they are still in default of my CCA request, ensures this letter will be filed and ignored...

12/4/12..Oh happy days......Letter received today from HFC..
Its a default notice..dated 11/4/12...not sure on this default lark..but i know i have it in writing from last year..a default notice dated 19/4/11....Do they issue one per year??????
As far as i am concerned i ignore this because they have yet to produce the CCA....

11/5/12...Letter received today...without prejudice....
We write with reference to your account and our earlier correspondence.
Your account remains in arrears...Blah,blah....threats to pass on to solicitor,Charging orders,baliffs etc...

18/5/12...Letter received today on a crappy tatty piece of yellow paper....made me sick just opening the letter...
Its from a company called Debt litigation and Recovery service,which i guess is short for
They have received instructions from HFC to hound me into the ground for payment...all the usual rubbish...contact them immediately by phone etc....
It does actually sya.."if there is a genuine reason you cannot settle the debt call them....well No CCA from HFC is what i think i should send back to them...

26/5/12...3 letters today...all the same...from DLRS...They want to offer a reduced amount which could be 60% of the balance...
Then the usual threats....to finish off.....this is your opportunity to resolve this matter,your action will decide the outcome....
Easy this.....ignore....

23/6/12...Letter received today from Restons Solicitors....
They are instructed by HFC to claim immediate payment of the outstanding balance.
We must ask you to pay the sum of £*** direct to this office by Friday July 6th, failing this we have strict instructions to issue a county court summons for the full balance.
We are instructed to seek a judgement against you which will be registered by the court, if obtained.

Our client may be prepared to accept payment by instalments...etc,etc,etc,.....
They have also sent an income and expenditure sheet, thats gone straight in the bin...

Now i guess because i have yet to receieve the CCA requested months ago, and in view of this letter i should send the threat o gram letter.....
But i really want to send them a f*** you letter
The letter is full of scare tactics and i want to respond accordingly.......
Advise most welcome......

25/6/12...Niddy special sent to Restons and HFC today via special delivery...

27/6/12.....Well quick response from HFC....Letter received today....but its not my CCA
Its a thank you for your complaint...
A thorough investigation will be conducted into the issues raised.
Your comments are extremly valuable and we are concerned you are unhappy that we have not actioned your request...
At least they might actually attempt to dig something out now regarding the CCA...lets just hope its pants if they do.....
Big thanks to for the excellent special he wrote....

5/7/12... Letter received from HFC today...dated 2/7/12...
They confirm receipt of letter dated 23/7/12 requesting information under section 77/78 of the CCA act..
As previously advised in our letters dated 9/3/12 and 28/3/12, we require the following additional information...
A fee of £1.00....
Proof of ID.- Copy of driving licence or passport, or signed request....
Once received they will respond to our request within the guidelines....

My response i think should contain some reference to the fact that they have had the £1.00 fee,and i have sent photo copies of postal order and proof of postage.....
As far as ID....No way will they get a signature....what about me sending a photo copy of both driving licence and passport, but with the signature obscured.....

19/7/12...Letter received from HFC in response to one of the letters i sent to them recently....
They are investigating my complaint, and they ask for me to be patient as it may take up to 28 days.....
They don't say from which date the 28 days starts from
I still have no CCA....a hunch...but i think they are p****** in the wind with this one.....

7/8/12...Long letter received today from HFC.. its in response to my complaint...the Niddy special sent on 25/6/12..
I will post the full details on the secure area everything legal..under Restons solicitors...
They are basically stating that they have no proof i ever sent the original request for the CCA back in January...no postal order has ever been cashed.
I never sent it recorded delivery, i sent it with a receipt of proof of postage...
They make no mention of the request under cputr..
They still want me to provide a signature for my CCA....
I will let you have a look at the whole letter on the legal area as mentioned, and will update on here later...

8/8/12..The letter HFC sent to me yesterday,which i have copied onto the everything legal section...
Well...to update..today i contacted the number given to me by MM,and they confirmed HFC banked the postal order on 8/3/12...
I have responded today to the pillock at HFC who carried out the investigation,and basically stuck 2 fingers up to me......( Never a good idea that ) a nice factual and very scathing reply to the lying t**** who just got caught...

[Undercover Elsa]

Re: Stuff the banks ue diary

Don't you just love it when a plan comes together!

[stuffthebanks]

Re: Stuff the banks ue diary

Don't you just love it when a plan comes together!

I do Elsa, i hate some jumped up jobsworth trying to make me look like a mug,who then has the whole thing turn around and bite him on his big hairy bottom..

[stuffthebanks]

Re: Stuff the banks ue diary

Barclaycard
Started:25/5/2005
Balance:£830
Status:Not in default
Last payment:Feb 2012 £17.00 on plan.

This one has given me a conscience..they have been ok with me,despite one or 2 hic up's.
I have read lots of stuff on Barclaycard...they seem very persistent once you stop paying.....
So here we go anyway......

22/2/12....Niddy confirms account ....Terms template letter to go out on 23/2/12

12/3/12...Letter from Barclays....a whole load of legal jargon...they are standing by the agreement being enforceable...
Not sure how to proceed based on what's in this letter...

8/6/12....At last reply from Barclays.
I sent the terms only received template out to them, after receiving terms and conditions, but no agreement...
The letter they have just sent states they are not obliged to send anything else out to me, what they have sent already is sufficient....They are adamant that this account remains enforceable......
Not sure how to progress now.....because all i have is terms and conditions...no agreement....any ideas?????

[COLOR="Red"]12/8/12...Apologies...i seem to have lost track on this one...

8/6/12..I sent final response template
12/7/12... I sent Reminder of last letter i sent on 8/6/12..along with an addition of reply to my request or p*** off

11/8/12...Received a letter from Barclay's ..it gave me slap on wrist for not making payments..
Threat of passing on to Mercer's, and doorstep visit..
No mention of CCA final response...
I will send the doorstep template along with the final response - CPUTR template...unless anyone can advise differently...
Thanks ,and best wishes to everyone.....
Steve

[The Tech Clerk]

Re: Stuff the banks ue diary

Barclaycard
Started:25/5/2005
Balance:£830
Status:Not in default
Last payment:Feb 2012 £17.00 on plan.

This one has given me a conscience..they have been ok with me,despite one or 2 hic up's.
I have read lots of stuff on Barclaycard...they seem very persistent once you stop paying.....
So here we go anyway......

22/2/12....Niddy confirms account ....Terms template letter to go out on 23/2/12

12/3/12...Letter from Barclays....a whole load of legal jargon...they are standing by the agreement being enforceable...
Not sure how to proceed based on what's in this letter...

8/6/12....At last reply from Barclays.
I sent the terms only received template out to them, after receiving terms and conditions, but no agreement...
The letter they have just sent states they are not obliged to send anything else out to me, what they have sent already is sufficient....They are adamant that this account remains enforceable......
Not sure how to progress now.....because all i have is terms and conditions...no agreement....any ideas?????

[COLOR="Red"]12/8/12...Apologies...i seem to have lost track on this one...

8/6/12..I sent final response template
12/7/12... I sent Reminder of last letter i sent on 8/6/12..along with an addition of reply to my request or p*** off

11/8/12...Received a letter from Barclay's ..it gave me slap on wrist for not making payments..
Threat of passing on to Mercer's, and doorstep visit..
No mention of CCA final response...
I will send the doorstep template along with the final response - CPUTR template...unless anyone can advise differently...
Thanks ,and best wishes to everyone.....
Steve

Slap = assault!!!

[stuffthebanks]

Re: Stuff the banks ue diary

Slap = assault!!!

[stuffthebanks]

Re: Stuff the banks ue diary

Passing it on to Mercers sounds sooo scary! when they are just the next desk along, manned by trained threat monkeys.

They clearly don't have the agreement, Barcraps are quite good at losing them but quite bad at admitting the fact. Many people only get an admission after the debt has been passed on to someone outside Barcraps - such as the Leeds Losers!

Think you could well be right FP...
Why would they take time to send lots of terms and conditions, and not send the one piece of paper you asked for...The Agreement....

[stuffthebanks]

Re: Stuff the banks ue diary

Very catalogue

Started : July 2004...Account started back in 2001 as Argos,then changed to Argos Additions,Then Additions and finally to Very...
Original account as Argos back in 2001
Balance:£1804
Last payment:November 2012 £30.00
Now paying:Nothing

Status:No CCA PRODUCED..Account in default

Financial difficulties meant the £120 per month could no longer be met..so....I will try to be as precise as possible..

30/8/11..Arrears collection dept..Account is in arrears.
5/9/11...Letter sent to Very asking for help in reduced payments.
Income and expenditure also sent.
12/9/11..Letter sent to Very..Telephone harassment letter sent.
13/9/11...Letter from Very...Unable to accept my proposals..
16/9/11...Letter from arrears collection dept.
22/9/11..Letter sent to Very..telling them they are being unreasonable.
26/9/11..Letter from arrears collection dept.
28/9/11..Letter from Very...Unable to accept payment proposals
7/10/11..Letter from Very...unable to accept proposals..
7/10/11..Take me to court template letter sent to Very.
10/10/11..Letter to Very...Telephone harassment template sent to Very.
13/10/11...Letter from Very..Acknowledgement of complaint from Very.
18/10/11...Letter sent to Very...Another complaint regarding phone calls and the ignorance in response to our financial situation.
20/10/11...Letter from Very...regarding my recent letter..its all down to the auto dialler...and we need to ring to arrange payment plan...
We did ring..and they would not accept payment offer,and that we could only set up plan through someone that manages a DMP....
10/11/11..CCA and SAR request sent to Very..
24/11/11...Letter from Very...They have agreed a payment plan of £30.00 per month,and interest frozen for 12 months.
5/12/11....CCA default letter sent to Very..
22/12/11...SAR received from Very...
14/1/11..Usual monthly statement received from Very...no charges showing...
4/1/12...Acknowledgement of my putting account into default because of no CCA..
1/2/12...Letter from Very...Further to the letter sent on 4th Jan..investigation continuing and final response by 28th Feb..
17/2/12..Normal statement received....no charges added...but acknowledge a failed payment from January...
21/2/12...Response from very re CCA request.....i have copied it onto the end of this.....i share this with you all to give Niddy a rest.......i dont think its quite what i need to make the debt enforceable....
22/2/12....Niddy...confirms UE...
7/3/12...Letter received.....Under the heading..Re: Request to cancel your credit agreement.
It says they have provided me with a copy of the current credit agreement...a copy of which i put on page 3 0f this thread.
They say it sets out the contractual arrangement that is in place at this time,and includes all applicable contractual variants and amendments that have taken place since the account was opened.
It is clear by ordering and purchasing goods from us,you acknowledge that there is an existing relationship in place.
In the event that you did not believe that there was such a relationship it is unlikely you would have bought and continued to buy goods from us.
The latest case law in relation to the enforceability of credit agreements has made clear that unenforceability does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished.
Failure to make payments will affect my credit rating,blah,blah,blah...

16/3/12....Statement recieved with £12.00 late payment fee added...
Letter received from arrears collection dept...the usual contact us to arrange payment blah,blah,blah..
Ignore???
20/3/12....After receiving 10 phone calls in the past 2 days i am sending the threat of legal action telephone template...along with a copy of my original harassment telephone template sent to them on 11/10/11..see how that sticks.....

29/3/12....Letter received from Very...Thank you for your letter regarding the number of calls you have received,please accept our apologies that you have found it necessary to complain.
All complaints are taken seriously,and we will contact you after a full investigation..... What a pile of horse dung!!

Had a response from both Trading standards today as well as consumer direct....basically acknowledging my complaint,and confirming traders legal obligation regarding harassment...someone will contact me over the next few days if they require any further information.

3/4/12....Letter from the arrears collection dept...Wiped the cats bottom with it and threw it in the bin...

14/4/12...Letter received from arrears collection dept...Despite telling you last month of the arrears on payment plan,i notice you have not brought your plan up to date....
Unless i receive payment immediiately,no choice but to cancel plan and transfer to a DCA........

I reckon ignore and let them pass the account on......

27/4/12....Had 2 phone calls from Very 2 days ago,both within an hour....i emailed them straight away and reminded the idiots that i already have an ongoing complaint regarding telephone harassment under investigation within there company...i thanked them for making the 2 recent calls and that i would add this information together with my file of complaint in readiness to send off to the FOS......no further calls since.....

1/5/12...Letter from arrears dept.....throw letter in bin..ignore...
3/5/12...Letter today from Arrears collection dept.
This is my last chance to talk to them before they pass on account to: Nationwide Debt recovery Ltd.
This is our final demand...please do not ignore it.......
Pointless me sending anything to these morons....i will wait until they get Nationwide involved.....
I'm still waiting to hear from customer services regarding my telephone harassment complaint....

9/5/12...Letter from Nationwide Debt Recovery.....Which means bugger all...they are part of Shop direct...
Make payment within 7 days..Date on letter 3/5/12...Prats...
They will register a default with CRA...which will remain on file for next 6 years...( That's really not going to work as a threat is it?)
If you can repay arrears in next 7 days they will review all default charges and additional interest applied to account...

23/5/12...Letter from NDR...Pre escalation notice....
Going to ignore....

25/5/12...Letter received from Very about the complaint on telephone calls they made....they gave the 24th May as the 8 week time limit......they have said it may take another 2 weeks to investigate my complaint...
Letter along with all the evidence sent off to the FOS today...

13/8/12....Phone call today from the FOS regarding my complaint against Very for excessive phone calls.......
Result...they have upheld my complaint, and awarded £100 compensation......
Now, as happy as i am that Very have had a spanking...they have suggested to FOS that the £100 compensation be used to repay the debt on the account.....now no payment has been made since November 2011...so a payment to the account would obviously reset the 6 year clock.....
I have updated the info the FOS have regarding the reason no payment are being made to Very.....failure to submit an agreement...
Just wondering how i can prevent this compensation being paid off on account?????

[The Tech Clerk]

Re: Stuff the banks ue diary

Very catalogue

Started : July 2004...Account started back in 2001 as Argos,then changed to Argos Additions,Then Additions and finally to Very...
Original account as Argos back in 2001
Balance:£1804
Last payment:November 2012 £30.00
Now paying:Nothing

Status:No CCA PRODUCED..Account in default

Financial difficulties meant the £120 per month could no longer be met..so....I will try to be as precise as possible..

30/8/11..Arrears collection dept..Account is in arrears.
5/9/11...Letter sent to Very asking for help in reduced payments.
Income and expenditure also sent.
12/9/11..Letter sent to Very..Telephone harassment letter sent.
13/9/11...Letter from Very...Unable to accept my proposals..
16/9/11...Letter from arrears collection dept.
22/9/11..Letter sent to Very..telling them they are being unreasonable.
26/9/11..Letter from arrears collection dept.
28/9/11..Letter from Very...Unable to accept payment proposals
7/10/11..Letter from Very...unable to accept proposals..
7/10/11..Take me to court template letter sent to Very.
10/10/11..Letter to Very...Telephone harassment template sent to Very.
13/10/11...Letter from Very..Acknowledgement of complaint from Very.
18/10/11...Letter sent to Very...Another complaint regarding phone calls and the ignorance in response to our financial situation.
20/10/11...Letter from Very...regarding my recent letter..its all down to the auto dialler...and we need to ring to arrange payment plan...
We did ring..and they would not accept payment offer,and that we could only set up plan through someone that manages a DMP....
10/11/11..CCA and SAR request sent to Very..
24/11/11...Letter from Very...They have agreed a payment plan of £30.00 per month,and interest frozen for 12 months.
5/12/11....CCA default letter sent to Very..
22/12/11...SAR received from Very...
14/1/11..Usual monthly statement received from Very...no charges showing...
4/1/12...Acknowledgement of my putting account into default because of no CCA..
1/2/12...Letter from Very...Further to the letter sent on 4th Jan..investigation continuing and final response by 28th Feb..
17/2/12..Normal statement received....no charges added...but acknowledge a failed payment from January...
21/2/12...Response from very re CCA request.....i have copied it onto the end of this.....i share this with you all to give Niddy a rest.......i dont think its quite what i need to make the debt enforceable....
22/2/12....Niddy...confirms UE...
7/3/12...Letter received.....Under the heading..Re: Request to cancel your credit agreement.
It says they have provided me with a copy of the current credit agreement...a copy of which i put on page 3 0f this thread.
They say it sets out the contractual arrangement that is in place at this time,and includes all applicable contractual variants and amendments that have taken place since the account was opened.
It is clear by ordering and purchasing goods from us,you acknowledge that there is an existing relationship in place.
In the event that you did not believe that there was such a relationship it is unlikely you would have bought and continued to buy goods from us.
The latest case law in relation to the enforceability of credit agreements has made clear that unenforceability does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished.
Failure to make payments will affect my credit rating,blah,blah,blah...

16/3/12....Statement recieved with £12.00 late payment fee added...
Letter received from arrears collection dept...the usual contact us to arrange payment blah,blah,blah..
Ignore???
20/3/12....After receiving 10 phone calls in the past 2 days i am sending the threat of legal action telephone template...along with a copy of my original harassment telephone template sent to them on 11/10/11..see how that sticks.....

29/3/12....Letter received from Very...Thank you for your letter regarding the number of calls you have received,please accept our apologies that you have found it necessary to complain.
All complaints are taken seriously,and we will contact you after a full investigation..... What a pile of horse dung!!

Had a response from both Trading standards today as well as consumer direct....basically acknowledging my complaint,and confirming traders legal obligation regarding harassment...someone will contact me over the next few days if they require any further information.

3/4/12....Letter from the arrears collection dept...Wiped the cats bottom with it and threw it in the bin...

14/4/12...Letter received from arrears collection dept...Despite telling you last month of the arrears on payment plan,i notice you have not brought your plan up to date....
Unless i receive payment immediiately,no choice but to cancel plan and transfer to a DCA........

I reckon ignore and let them pass the account on......

27/4/12....Had 2 phone calls from Very 2 days ago,both within an hour....i emailed them straight away and reminded the idiots that i already have an ongoing complaint regarding telephone harassment under investigation within there company...i thanked them for making the 2 recent calls and that i would add this information together with my file of complaint in readiness to send off to the FOS......no further calls since.....

1/5/12...Letter from arrears dept.....throw letter in bin..ignore...
3/5/12...Letter today from Arrears collection dept.
This is my last chance to talk to them before they pass on account to: Nationwide Debt recovery Ltd.
This is our final demand...please do not ignore it.......
Pointless me sending anything to these morons....i will wait until they get Nationwide involved.....
I'm still waiting to hear from customer services regarding my telephone harassment complaint....

9/5/12...Letter from Nationwide Debt Recovery.....Which means bugger all...they are part of Shop direct...
Make payment within 7 days..Date on letter 3/5/12...Prats...
They will register a default with CRA...which will remain on file for next 6 years...( That's really not going to work as a threat is it?)
If you can repay arrears in next 7 days they will review all default charges and additional interest applied to account...

23/5/12...Letter from NDR...Pre escalation notice....
Going to ignore....

25/5/12...Letter received from Very about the complaint on telephone calls they made....they gave the 24th May as the 8 week time limit......they have said it may take another 2 weeks to investigate my complaint...
Letter along with all the evidence sent off to the FOS today...

13/8/12....Phone call today from the FOS regarding my complaint against Very for excessive phone calls.......
Result...they have upheld my complaint, and awarded £100 compensation......
Now, as happy as i am that Very have had a spanking...they have suggested to FOS that the £100 compensation be used to repay the debt on the account.....now no payment has been made since November 2011...so a payment to the account would obviously reset the 6 year clock.....
I have updated the info the FOS have regarding the reason no payment are being made to Very.....failure to submit an agreement...
Just wondering how i can prevent this compensation being paid off on account?????

I am sure they can do that, others may be able to verify that statement. Steve.