mehim's UE Diary

[Mehim]

Re: mehim's UE Diary

Hi Niddy,

All sent except to the Bcard that they admitted was UE

Some of the chit I have been sent from some companies is under s.78 according to them.

It will be interesting to see if I get the same back from the CCA requests.

I have never seen anything from anyone regarding court apart from, we may take action. I assume they would have had to send me something if they did go to court.

Many thanks again.

[Never-In-Doubt]

Re: mehim's UE Diary

Hi Niddy,

All sent except to the Bcard that they admitted was UE

Some of the chit I have been sent from some companies is under s.78 according to them.

It will be interesting to see if I get the same back from the CCA requests.

I have never seen anything from anyone regarding court apart from, we may take action. I assume they would have had to send me something if they did go to court.

Many thanks again.

Hiya, you'll be fine - but I'm just saying it's best to cover yourself with a s.78 as if they did try court, the first thing Paul looks for is s.78 breaches and usually they all fall on that.

So get the s.78 in - obviously with Barclays frame that letter, if anyone hassles you then you simply copy it and send with one of these: ---> Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA

Well done, good start for you

[Mehim]

Re: mehim's UE Diary

Hi Niddy,

Barclays set Mercers on me and I just copied the paragraph from their own letter back to them telling them it was in dispute.

Then Calders called, I told them the same and got a letter thanking me and that they would let me have some time to sort out the payment arrangements that we had discussed !!!

I copied the para back to them, again telling them it was in dispute and they seem to have disappeared. That was mid November last year.

Most of the companies have come back at me with s.78 and it is me that has told them it was a SAR I asked for not s.78. So I will have loads to compare when they do reply lol.

Many thanks

[Mehim]

Re: mehim's UE Diary

Tesco Credit Card

Start: 2006 corrected to 2003
Balance: £7,500 Now £7965.55
Last Full: 2012
Status: Enforceable but a f*cked up default notice.
DCA: Allied International Credit, now Fredrickson International Limited, now Wescot

2012

Feb 10th:
CCA request letter sent.

Feb 24th: No response to my CCA request. Ignoring till they respond.

March 17th:
Letter with CCA received. I`m not too sure what pages I should be emailing Niddy.

EMAILING NIDDY

March 21st:
2 letters from Tesco,lucky me.
First is telling me they haven`t received a payment. Please contact them.
Second is a default sum notice for £12. That wont be paid either.

Niddy is checking the CCA I got from them regarding this card.

Niddy says

March 27th:
Sent missing pt template letter
March 27th:
Letter from them, Contact us urgently to discuss this account. They also called, I told them to bugger off and put it in writing
April 7th:
Letter telling me I haven`t paid.
April 11th:
Letter wanting me to contact them urgently.
April 19th:
Letter , Notice sent because I am behind with payments.
April 19th:
Letter, Default Sum Notice.
April 20th:
Letter re them complying with s78.
"I must therefore inform you that we see no reason to enter into further correspondence with you about alleged CCA breaches. If you are not satisfied with this response, you may seek whatever legal redress you consider open to you"
They do not consider the account to be in dispute.
April 23rd:
Sent the following to them. Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status
April 24th:
Letter from them. Contact their office urgently to discuss this account. RIGHTTTTTTT
May 10th:
Sending them the telephone harassment template letter.
May 25th:
Another Default Sum Notice.
May 25th:
Covering letter with a default notice. opps, think they did a royal f#ck up. Covering letter tells me a set number of days to remedy the default. Default notice also gives me a set number of days, no actual date.
June 14th:
Letter terminating the alleged CCA
July 6th:
Letter from Tesco "You must Pay" You have been issued with a Termination Notice and account has been passed to our recoveries team. To avoid further action pay now.
July 20th:
Letter telling me I still haven`t paid (I knew that) but it still not too late. They may have to take further action but prefer not to. If they don`t hear from me they will have no alternative. Contact us immediately.
31st July:
Letter saying "We are considering legal action to recover your debt" What this could mean, a CCJ or a Court Decree in Scotland. If you still don`t pay they may ask the court to enforce, take it from my wages, ( they will be lucky), or if a home owner etc. (house is now in OH`s name). We prefer to come to an arrangement with you to settle this debt.
7th August 2012:
Sent Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation letter.
17th August:
Another letter from them.

Further action to recover your debt

Due to the absence of an acceptable repayment arrangement and despite several attempts to contact you todiscuss this matter. we will shortly commence further action against you with the assistance of Debt Collection Agencies or Solicitors.

If you don`t make a payment or agree to a repayment plan within seven days, we will commence further action against you.
6th Sept:
Another letter from Tesco threatening further action and another 7 days to contact them
20th Sept:
Letter from AIC.
"The above account has been assigned to us from our client, Tesco Bank with regards to the non payment of the outstanding balance.
We are unaware of any reason for the non payment and we encourage you to contact our office immediately to resolve the outstanding matter in a timely manner."
24th Sept:
Account sold in dispute template sent to AIC
29th Sept:
Reply from AIC. Assholes didn`t read the letter I sent. They say as I`m requesting a copy of the CCA, Tesco Bank require a £1.00 fee and if I want statements another £10.00 fee both payments made payable to AIC.

Same envelope another letter from AIC with a copy of my letter attached. This one says I have to contact Tesco Bank for the statements and pay them as they are the legal owners of the debt.

2013

27th March:
Letter from Fredrickson International, they have been instructed by Tesco Bank to collect
29th March:
Account in Dispute and In Writing Only, off to Freds
13th April:
Letter from Freds,informing me that I need to write to Tesco if I want info under s77-79 of the Consumer Credit Act 1974 and send them £1. Account on hold for 14 days till I get the info.
30th April:
Letter to Freds in reply to their one dated 12th April
10th May:
Latest from Fred`s, thanking me for communicating with them. Matter referred to their client, will get back to me once they receive their instructions, Account on hold till then.
13th May:
Letter from Fred`s, thanking me for my letter dated 30th April. They have been advised that my request was cpmplied with in August 2012. All further queries regarding these documents must be sent directly to them and a fee may apply. Signed by Fredrickson International.
13th May:
Letter from Fred`s, thanking me for my letter dated 30th April. They have been advised that my request was cpmplied with in August 2012. All further queries regarding these documents must be sent directly to them and a fee may apply. Unsigned.
23rd May:
Another letter from Fred`s, ffs they don`t allow much time to respond.

Say they wrote recently and I have failed to send an adequate response. Clear the arrears immediately to prevent continued action to recover this (alleged) debt.
5th June:
Latest from Fred`s, Despite attempts to negotiate a settlement of the above account, we still do not have a current arrangement in place, no chit sherlock
27th June:
Latest from Fred`s, despite previous correspondence I have failed (miserably I might say) to discharge this debt with their client.
4th July:
Letter sent to Fred`s pointing out that I did not receive any information regarding a CCA request from Tesco in August 2012 for the alleged debt
9th Aug:
Letter from Fred`s Thanking me for mine of the 4th July, apologising for the delay in replying to me and that they have referred it to their client.
21st Sept:
Letter from Fred`s referring to my recent communication, Account on hold till they take instructions from their client and I`ll hear from them or the client in due course.
26th Sept:
Letter from Tesco informing me that Wescot are now dealing with this .
28th Sept:
Letter from Wescot, to avoid Wescot taking further action, gees yer dosh.
4th Oct:
Sent SWID and telephone harassment letter for good measure
10th Oct:
Letter from Wescot, FINAL NOTICE oh dear, Please do not ignore this letter as this could result in further action being taken to recover the debt (alleged)
18th Oct:
Letter from Wescot, Reduced Settlement Offer. to take advantage of this offer phone us. If unable to take up this offer we will consider a realistic repayment plan.
23rd Oct:
We acknowledge that you have raised a dispute on this account. On hold while they investigate.
28th Oct:
We refer to your recent communication. Having contacted our client thay have advised their legal department have confirmed they have not received a request for documentation under the 1974 Consumer Credit Act blah, blah. Account on hold for 21 days to allow me to make a request.
4th Nov:
Couple of lines to Wescot informing them that Tesco informed the last company of blood sucking leeches that they had replied to my CCA request in August 2012. Informed them this was a lie and they disappeared and you, Wescot now appeared. Also informed them I had proof of postage of the request I sent in Feb 2012
21st Nov:
Letter from Wescot acknowledging my letter of the 4th Nov. Contacting their client, may take several weeks and will contact me to advise the outcome.
25th Nov:
Letter from Wescot, Having contacted our client, they have advised that their legal department have not received your section 78 request.
3rd Dec:
Letter to Wescot informing them their client`s legal department seem to be having trouble with their records as I had made a s78 request and had a letter from Tesco acknowledging this.
21st Dec:
Letter from Wescot. "We understand that there may be many reasons why you have not responded to us in relation to this account".
30th Dec:
Letter to them re no contact and telephone harassment included for good measure.

2014

30th Dec 2013:
Letter from Wescot threatening a doorstep visit, again saying I have not been in contact with them.
7th Jan:
Letter to Wescot Re more lies they sent me and included the Scottish doorstep letter just in case they try and steal it.
10th Jan:
Letter from Wescot, reply to mine of 30th dec. confirming all data processed by them is done so in a secure manner. We have removed your phone number as requested and please accept our apologies for any upset this may have caused.
10th Jan:
Second letter from them, again in reply to mine of the 30th Dec. Details have been passed to their Customer Relations team for a full investigation, where applicable all other activity surrounding the relevant file will be suspended until the matter is concluded.
11th Jan:
Another letter from them, re mine of the 7th Jan, "In order for this matter to be investigate we require a copy of your proof of posting, your request for information, along with a copy of the acknowlegement (their spelling) letter you received from Tesco Bank." They gave me 14 days.
30th Jan:
Letter from them, wow almost three pages.They are acting in good faith on the info supplied by Tesco.
6th Feb:
Letter to them with copy of CCA my request dated 10th Feb 2012
17th Feb:
Letter from Wescot acknowledging mine of the 6th I think, and that I have raised a dispute with the OC. They aren`t going to speak to me till this is investigated.
19th Feb:
Letter from Tesco Bank, they want a correct signature to allow them to continue with my request for information.
22nd Feb:
Letter from Wescot, account on hold till they contact their client, will be in touch.
22nd Mar:
Letter from Wescot thanking me for my patience and confirming that they are waiting further information from their client.
7th may :
Letter from Wescot thanking me for my recent contact regarding the account. We acknowledge that you have raised a dispute etc. Will contact me to advise of any outcome.
12th May:
Letter from Wescot refering to my recent communication where I raised a dispute?? Account on hold till they get more info.
7th June:
Letter from Wescot, still searching for info and will get back to me in due course.
12th July:
Letter from Wescot thanking me for my recent contact regarding the account. We acknowledge that you have raised a dispute etc. Will contact me to advise of any outcome.
16th July:
Letter from Tesco wanting a signature to allow them to continue with my request (of 6th Feb I think) which I ignored and never sent them a signature.
17th July:
Letter to Tesco - Demand of your Signature.
25th July:
Another from tesco in reply yo mine regarding demand for signature.

Thank you for requesting personal data held by Tesco Bank.Unfortunately, you`ve not provided a signature for to authorise your request and for us to verify your identity. To allow us to continue with your request, please return a copy of this letter with the correct signature. Should you not wish to provide a signature if you could provide the following documents for us to verify your identity.

A certified copy of a passport or driving license, for you.
An original recentutility bill or bank statement, for you.

or should it be easier please call us.

2015

2016

29th Feb
Letter telling me this is assigned to Hoist Portfolio who have appointed Robinson Way who will start harassing me soon.
1st March:
Letter from Hoist, one of assignment other from robberway.
14th March:
Letter from Robbersway with payment options , pay a, pay b, pay c or tell us what you can pay. Contact us before 18th lol received it on the 14th and i`ll need weeks to think about what I can afford. It`s zilch at the moment.
24th March:
Another letter from robbersway. Settlement offer available, contact them to pay a reduced amount giving £2000 discount.
Options they have to consider, whether to advise Howard Cohen & co to commence legal action or further collection activity, letters and calls. blah blah
13th May:
Letter from Robinson saying account needs paying. Offering payment plans. I like mine best
26th May:
Letter from Robinson saying why haven`t I contacted them
7th June:
Letter from Robinson offering payment plans a 34% reduction

Default notice dated 25th May 2012. Statute barred

2017

2018

2019

[Mehim]

Re: mehim's UE Diary

Afternoon All,

Got a reply from NW regarding the copy letter I sent to the Chief Exec. The tit who replied originally hasn`t replied yet.

Full of apologies and another copy of the application form I received before on its lonesome, nothing else with it.

I could reply arguing a point or two with the lackey who sent the letter for the Chief Exec but I will hold off for the 12+2 days that they got regarding the CCA request.

They again are telling me they only keep statements for 6 years, can someone tell me if this is correct?

I wont bother sending the app form to you again Niddy, I`ll wait till I get the CCA Req answer, if I get one.

Many thanks for the help.

[MrsD]

Re: mehim's UE Diary

just file it away in their wee file

he'll have passed it to some dope in public relations

[Mehim]

Re: mehim's UE Diary

Hi Evenless,

he gave me 2 months to reply or they will close the file. I will wait till the CCA request is dealt or not dealt with then fire another off to him picking up the inconsistances with his letter and the numpties.

TY

[MrsD]

Re: mehim's UE Diary

Mehim just stick to the templates, honestly in the long run it won't make any difference but you can be guaranteed that you're not admitting anything using Niddy's letter.

[Mehim]

Re: mehim's UE Diary

Hi,

I do, I get what to send from Niddy and lo and behold another letter from NW in todays post re the CCA request.and one from Opus re CITI. hehe Opus are admitting "At the moment we are unable to trace a copy of the signed application form"

Need to email Niddy and see what he says regarding both.

TY

[MrsD]

Re: mehim's UE Diary

well the one from opus is your get out of jail card, strap it to your bosum and don't lose it. Its unenforceable until they produce something and they just admitted it in writing!!

yabbadabba doo!!

If anyone chases that one in the future you can just send out our account sold in dispute, no CCA available

well done!!!

[Mehim]

Re: mehim's UE Diary

Hi Evenless,

They already passed it to Cabot and have also added at the end of the letter

"Please be advised that this account is not being serviced by Opus, Your Opus account was passed to Cabot Financial. You will need to contact them direct for information regarding your account"

It was a CITI account and they have totally blanked me regarding the account.

[MrsD]

Re: mehim's UE Diary

just send the account sold in dispute, no CCA available with a copy of the letter from Opus. Cabot have really no where to go after that but it may well be passed around several more DCAs, some of ours are on their 5th/6th DCA.

[nanna58]

Re: mehim's UE Diary

well done M

[Mehim]

Re: mehim's UE Diary

Hi Evenless,

I did inform Opus that the account was sold in dispute to them from CITI.
From my days across the road though and I was really playing it by ear, they didn`t help very much atall. I have been in dispute with CITI, the original account holder, since early 2009

As I said before, thank god for the pm telling me to head here. From the way things are heading, I think everyone of mine is going to be UE all are pre 2007 and not one has produced an enforceable CCA so far.

The future is a lot brighter.

TY

[Never-In-Doubt]

Re: mehim's UE Diary

You know when Citi sold to Opus, well you cannot appeal or argue this....

did you know they actually sold to CCAM first (part of HBOS deal) who then sold to Opus who in turn sold to Progressive Financial who are also the owners of Marbles and Aqua, i.e. ex SAV Credit.

Point is, a lender can sell an account whenever they want, in the manner that the Citi -> Opus deal was done anyway.

Please don't waste time arguing this, I have tried in my victorious complaint but still it got ruled out pretty early on by the FOS....