stuffthebanks' UE diary

[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.

[stuffthebanks]

Re: Stuff the banks ue diary

You are - of course - most welcome. However, I'd be more inclined to take their confession to Trading Standards in the hope that the buggers could be prosecuted.

Well that is most certainly my next route Cloggy...
Got home from work today,and they have rang another 2 times today..on a different number.....
I have a long standing email complaint history with Very, as well as sending by post....
I emailed last night the letter i sent out today....
They have no excuses whatsoever......time to go for the throat methinks.....
Just got to put all the history together and will submit to trading standards.....

[stuffthebanks]

Re: Stuff the banks ue diary

Well done!

Out of interest, how did you do that? Is it a special feature of your phone or is it through your provider (BT, Virgin, etc.)?

Hi Flower..
It is a service provided by Sky..costs and extra £3.50 per month...

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

I reckon i can write a half decent letter containing those excellent links you have posted up Cloggy....
I will start that tonight and send off tomorrow......
Cheers mate.....

You are - of course - most welcome. However, I'd be more inclined to take their confession to Trading Standards in the hope that the buggers could be prosecuted.

[stuffthebanks]

Re: Stuff the banks ue diary

How very silly of them - they've admitted in writing that they were harassing an alleged debtor!

The maximum penalty for such an aggressive business practice, contrary to Regulation 7 (link) of the Consumer Protection from Unfair Trading Practices Regulations 2008 would be (link) up to two years in the slammer or a fine not exceeding the statutory maximum or both.

It may also be contrary to section 43 (link) of the Telecommunications Act 1984 and, of course, section 2 (link) of the Protection from Harassment Act 1997.

I reckon i can write a half decent letter containing those excellent links you have posted up Cloggy....
I will start that tonight and send off tomorrow......
Cheers mate.....

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

Had a reply from them....if the account is brought up to date then there would be no more calls...

How very silly of them - they've admitted in writing that they were harassing an alleged debtor!

The maximum penalty for such an aggressive business practice, contrary to Regulation 7 (link) of the Consumer Protection from Unfair Trading Practices Regulations 2008 would be (link) up to two years in the slammer or a fine not exceeding the statutory maximum or both.

It may also be contrary to section 43 (link) of the Telecommunications Act 1984 and, of course, section 2 (link) of the Protection from Harassment Act 1997.

[stuffthebanks]

Re: Stuff the banks ue diary

27 calls?

Have you sent the the telephone harrassment letter? ---> Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

How about giving them this number ---> Free Number to Issue Creditors - allaboutFORUMS

Hi Flower,
Had a reply from them....if the account is brought up to date then there would be no more calls......
I never realised but i have the option to block up to 10 phone numbers on my phone......job done......I BARRED THEM.......oh, that felt so good.....

[stuffthebanks]

Re: Stuff the banks ue diary

You are most welcome.

I would not say that the template letter is at all bad, as it makes the point about the signature quite concisely; I just felt it might be more helpful to thank Mint for having chosen to make the account unenforceable.

Yes fair point mate,
No problem with the templates,they are very,very well put together...
I just thought your's made the point in a manner deserving of their ignorance and obvious attempts at giving the run around.....

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

Brilliant letter Cloggy......
I was just on my way out to post the template letter....but i reckon i will abondon that and send yours instead..
Cheers mate....nice one...

You are most welcome.

I would not say that the template letter is at all bad, as it makes the point about the signature quite concisely; I just felt it might be more helpful to thank Mint for having chosen to make the account unenforceable.

[stuffthebanks]

Re: Stuff the banks ue diary

Send the jerks this:

Dear Sirs,

I really am most grateful for your recent letters, in which you not only made the threat to pass the account to an external debt collecting agency but once more wilfully refused to comply with my lawful request under section 78(1) of the Consumer Credit Act 1974.

As you are no doubt aware (and as I will be delighted to explain to any debt collecting firm to which you assign this account) section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

The wilful refusal of your company has made the agreement quite impossible to enforce through the courts and it will remain so until and unless you comply with my request. This will also apply to any company to whom you assign the account, of which fact you should inform the assignee unless you wish to annoy them.

I note that you have retained the postal order I sent for the statutory fee of £1 so, if you should wish to send the documents requested, no further fee will be payable by me.

Yours Faithfully,

Clever Clogs

Brilliant letter Cloggy......
I was just on my way out to post the template letter....but i reckon i will abondon that and send yours instead..
Cheers mate....nice one...

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

29/1/12...CCA request sent to mint...
8/3/12...Mint returned £1.00 postal order along with letter reusing to hand over the CCA until i send signature....
9/3/12....Template letter sent to Mint - link - for creditor refusing to accept without signature,along with the £1.00 postal order.

24/3/12...2 letters received today from Mint...
1st letter...We are disappointed that you have failed to comply with our agreement.Immediate payment or will go to external DCA....
2nd Letter....Its another refusal to accept my CCA request without me submitting my signature....no postal order sent back though.....
Any advice will be most welcome!

Send the jerks this:

Dear Sirs,

I really am most grateful for your recent letters, in which you not only made the threat to pass the account to an external debt collecting agency but once more wilfully refused to comply with my lawful request under section 78(1) of the Consumer Credit Act 1974.

As you are no doubt aware (and as I will be delighted to explain to any debt collecting firm to which you assign this account) section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

The wilful refusal of your company has made the agreement quite impossible to enforce through the courts and it will remain so until and unless you comply with my request. This will also apply to any company to whom you assign the account, of which fact you should inform the assignee unless you wish to annoy them.

I note that you have retained the postal order I sent for the statutory fee of £1 so, if you should wish to send the documents requested, no further fee will be payable by me.

Yours Faithfully,

Clever Clogs

[stuffthebanks]

Re: Stuff the banks ue diary

Use Arial or Times Roman for the body of the letter in black ink, and JohnLennon (sic - link) in dark blue ink and 48pt for the signature.

Hi Cloggy,
Thanks for the reply mate...
I will do that and send them the formal response.. signature request template........

[CleverClogs (RIP)]

Re: Stuff the banks ue diary

Use Arial or Times Roman for the body of the letter in black ink, and JohnLennon (sic - link) in dark blue ink and 48pt for the signature.

[stuffthebanks]

Re: Stuff the banks ue diary

Hello all....
I am adding Mint cc to this section now after being given the runaround,i suspect they have no valid CCA..

Mint c/c
Started.2003
Balance.£3500
Status.Default.2007
Last payment.February 2012.
Now paying.Nothing.

29/1/12...CCA request sent to mint...
8/3/12...Mint returned £1.00 postal order along with letter reusing to hand over the CCA until i send signature....
9/3/12....Template letter sent to Mint - link - for creditor refusing to accept without signature,along with the £1.00 postal order.

24/3/12...2 letters received today from Mint...
1st letter...We are disappointed that you have failed to comply with our agreement.Immediate payment or will go to external DCA....
2nd Letter....Its another refusal to accept my CCA request without me submitting my signature....no postal order sent back though.....
Any advice will be most welcome!

[stuffthebanks]

Re: Stuff the banks ue diary

Looks like they are having trouble locating your CCA! Oh dear!

Shame the balance is so low but still every little helps!

Hi Flower..
I consider every penny i stop these greedy no mark,cheating,truth bending,bullying,scum,sucking,retards getting from our household a family fightback.....

Just to add,after receiving the 27th phone call from Home shopping direct group..aka Very....i picked the phone up and gave them both barrels.... Not the most intelligent way of going about things,but they bloody well asked for it..and it made me feel better.....