Smallpaws UE Diary

[PlanB]

Re: Smallpaws UE Diary

I'd be smiling too if I had a claim for an old MBNA credit card.

I think you deserve something stronger than tea and biscuits



Plan B x

[Undercover Elsa]

Re: Smallpaws UE Diary

I'll have one of those too please, PlanB!!

I've copied the new claim thread into the AAD+ legal section away from prying eyes: http://forums.all-about-debt.co.uk/s...-February-2016

We're all here for you smallpaws


Elsa xxxx

[SaltnVinegar]

Re: Smallpaws UE Diary

Hi Smallpaws

I know its scary receiving a court claim, but the important thing to remember now is you're in very good hands, and Restons have a track record of cocking things up

[nanna58]

Re: Smallpaws UE Diary

Good luck xxxxx I am battling Restons too.

[Smallpaws]

Re: Smallpaws UE Diary

11th June 2015 - I received my CCA response which which seems to have a part hidden from view ( I hadn't noticed this before). I also had a letter saying they could not enforce the agreement but the monies were outstanding.

Daftly I continued to pay £1 per month via Step Change DMP which I only cancelled yesterday. They were snotty about it saying because I had paid so far it meant I was liable but did it anyway.

I have now received a letter from DLC date 17th March 2016 saying they have sold the debt to Hillesden Securities Ltd. MEIII Limited and Hillesden Securities Ltd ("dlc") are both part of the Cabot Credit Management Group. It goes on to say my plan is still in place (oops not as of yesterday) and they will continue to manage this with me.

Naturally they would like to discuss this with me, this card was taken out 24/04/04. I thought I had read Cabot didn't have the right licences to collect the debts - has this changed and can they go after this now?


Hi this is a new thing for me so hope I have everything ready to start up

Original creditor Capital One

• Type of account Credit Card
• Date commenced
• Approx balance £6992.45
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Transferred to Direct Legal Collections 01/02/2011

2014 05 31 - Letter sent to them on advice of Stepchange advising of hubby hospital admission and reducing payment

2014 11 07 - Letter received from DLC advising they are intending to issue County Court Claim followed by Charging order - uploaded for Niddy

2014 11 24 - CCA letter sent

2015 01 21 - Letter from DLC - The are following up my request for a copy of the original documentation with the origianl lender. When it becomes available they will send it to me. They will update me in 21 days.

2015 03 10 - letter from DLC stating that the account had been on hold but this hold period has now expired and I am to contact cutomer services to discuss my payment proposals.

2015 04 08 - intentions are to pursue county court claim to gain security for the outstanding balance-
sent letter and further cca request as advised by Niddy

2015 04 30 - still DLC are chasing up docs

2015 05 15 - apology for sending letter re enforcement - they are chasing up the docs which may have been arvchived off site by original lender and therefore it takes time to locate them.

2015 06 11 - Further to correspondence... a copy of the original credit agreement is attached.
Whilst we may not enforce the agreement the monies remain outstanding.

They are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains intact.

The McGuffick v RBS clarified the interpretations of what is considered enforcement and if I want to view it is on the internet.

The demanding of payment is not considered enforcement and is merely a step taken prior to the commencement of proceedings therfeore my account remains with collections department for collection activity to commence.[/QUOTE]

[SaltnVinegar]

Re: Smallpaws UE Diary

Excellent news Smallpaws!!



Keep that letter VERY safe!

2015 06 11 - Further to correspondence... a copy of the original credit agreement is attached.
Whilst we may not enforce the agreement the monies remain outstanding.

They are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains intact.

The McGuffick v RBS clarified the interpretations of what is considered enforcement and if I want to view it is on the internet.

The demanding of payment is not considered enforcement and is merely a step taken prior to the commencement of proceedings therfeore my account remains with collections department for collection activity to commence.

[/QUOTE]

[nanna58]

Re: Smallpaws UE Diary

Pin it to your underwear !!!!!! x

[Smallpaws]

Re: Smallpaws UE Diary

2016 04 18

I heard nothing after the letter dated 30th April 2015 when they said they cound't trace the paperwork and in January stopped sending money £1/month )via Step Change. I have now had a letter today saying

"We had agreed an affordable payment plan with your authorised representative but we have not yet received trhe agreed paymlents,....Please make payment to avoid collection activity commening"

The letter is from Robinson Wayalthough statements come from Hoist Portfolio Holding.

What should I do next please?

Smallpaws;455332 Original creditor Fraser Card

• Type of account Credit Card
• Date commenced
• Approx balance £1807.47
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Was sold to CL Finance Feb 2010
Sold again to Hoist Portfolio Holding 01/02/2014

2014 12 02 - CCA request

2014 05 31 - letter sent advising of Hubby's condition and change of payment
No response as yet

2015 01 26 - response from HPH Ltd
They are requesting a copy of my agreement and my account has been placed on hold pending receipt.

2015 04 30 - Our client has advised us they are unable to obtain any further documents and as such we are in the process of refunding your £1.00

2015 08 28 - posted letter today requesting consideration of write off due to hubby's condition and the fact he willnever be able to return to work. Enclosed a copy of letter from consultant "..requires 24/7 support to meet his needs...."

Although this is mine rather then HUbby's - I sent all the original letters for both names and it was worth a shot at reducing my own part of the debts. If they say no I am no worse off.



[/QUOTE]

[Smallpaws]

Re: Smallpaws UE Diary

2016 04 20

As I had in writing that the debt was UE I stopped sending money via Step Change but this was only in Jan this year.

I have now had a new letter from Cabot saying that they haven't receieved my last payment from my debt management company and they have put my account on hold.Naturally they are now keen that I contact them to sort out anew parment plan.

As this is UE which they said in their own letter - what response should I give them that won't make things difficult for me?

Thanks
Smallpaws.



Smallpaws;455340Original creditor Bank of Scotland Card

• Type of account Credit Card
• Date commenced
• Approx balance £3043
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Sold to Blair, Oliver and Scott 20/08/2008
Sold to Cabot Financial 14/09/2012
2014 05 31 - letter sent advising of Hubby's condition and change of payment

2014 12 02 - CCA Letter sent
No response as yet

2014 12 05 - reply from Cabot
Thank you for your request for Information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However we have requested the relevant information under section 77 snd/or 78 of the cca 1974 from the original lender.
We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits we will write to you again.

2015 01 12 - Response from Cabot

My credit agreement is currently unenforceable...I am still obliged to repay the outstanding balance as confirmed in this letter. They recommend I contact them to set up a apayment plan. The balance is £3035.97[/QUOTE]

[Smallpaws]

Re: Smallpaws UE Diary

27th April - As I had in writing that the Cabot debt was UE I stopped sending money via Step Change but this was only in Jan this year.

I have now had a new letter from Cabot saying that they haven't received my last payment from my debt management company and they have put my account on hold.Naturally they are now keen that I contact them to sort out anew parment plan.

As this is UE which they said in their own letter - what response should I give them that won't make things difficult for me? T

Original creditor Bank of Scotland Card

• Type of account Credit Card
• Date commenced
• Approx balance £3043
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Sold to Blair, Oliver and Scott 20/08/2008
Sold to Cabot Financial 14/09/2012
2014 05 31 - letter sent advising of Hubby's condition and change of payment

2014 12 02 - CCA Letter sent
No response as yet

2014 12 05 - reply from Cabot
Thank you for your request for Information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However we have requested the relevant information under section 77 snd/or 78 of the cca 1974 from the original lender.
We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits we will write to you again.

2015 01 12 - Response from Cabot

My credit agreement is currently unenforceable...I am still obliged to repay the outstanding balance as confirmed in this letter. They recommend I contact them to set up a apayment plan. The balance is £3035.97[/QUOTE]

[nanna58]

Re: Smallpaws UE Diary

Please do not contact them at least until one of our peeps says so or can suggest what to do . xx

[The Tech Clerk]

Re: Smallpaws UE Diary

await see what arrives?

[MrsD]

Re: Smallpaws UE Diary

2016 04 20

As I had in writing that the debt was UE I stopped sending money via Step Change but this was only in Jan this year.

I have now had a new letter from Cabot saying that they haven't receieved my last payment from my debt management company and they have put my account on hold.Naturally they are now keen that I contact them to sort out anew parment plan.

As this is UE which they said in their own letter - what response should I give them that won't make things difficult for me?

Thanks
Smallpaws.



Smallpaws;455340Original creditor Bank of Scotland Card

• Type of account Credit Card
• Date commenced
• Approx balance £3043
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Sold to Blair, Oliver and Scott 20/08/2008
Sold to Cabot Financial 14/09/2012
2014 05 31 - letter sent advising of Hubby's condition and change of payment

2014 12 02 - CCA Letter sent
No response as yet

2014 12 05 - reply from Cabot
Thank you for your request for Information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However we have requested the relevant information under section 77 snd/or 78 of the cca 1974 from the original lender.
We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits we will write to you again.

2015 01 12 - Response from Cabot

My credit agreement is currently unenforceable...I am still obliged to repay the outstanding balance as confirmed in this letter. They recommend I contact them to set up a apayment plan. The balance is £3035.97

[/QUOTE]


another letter to pin to your knickers, keep it very safe and I would ignore them for now

- - - Updated - - -

same for all of these from Cabot jolly good news, don't worry and if they send anything else, let us know right away.

[Smallpaws]

Re: Smallpaws UE Diary

18^th April – received a letter from Hoist saying “ we had a greed an affordable payment plan with your authorised representative but have not received the payments. Please make contact/make the overdue payments.”

On 30^th April last year they returned my £1 as they couldn’t trace my paperwork – stupidly I didn’t stop paying until I realised my mistake two months ago but still – if they can’t find the evidence surely it must be UE?

Smallpaws

Original creditor Fraser Card

• Type of account Credit Card
• Date commenced
• Approx balance £1807.47
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Was sold to CL Finance Feb 2010
Sold again to Hoist Portfolio Holding 01/02/2014

2014 12 02 - CCA request

2014 05 31 - letter sent advising of Hubby's condition and change of payment
No response as yet

2015 01 26 - response from HPH Ltd
They are requesting a copy of my agreement and my account has been placed on hold pending receipt.

2015 04 30 - Our client has advised us they are unable to obtain any further documents and as such we are in the process of refunding your £1.00

2015 08 28 - posted letter today requesting consideration of write off due to hubby's condition and the fact he willnever be able to return to work. Enclosed a copy of letter from consultant "..requires 24/7 support to meet his needs...."

Although this is mine rather then HUbby's - I sent all the original letters for both names and it was worth a shot at reducing my own part of the debts. If they say no I am no worse off.



[/QUOTE]

[Smallpaws]

Re: Smallpaws UE Diary

18th Apr 2016

I have had a letter saying they had agreed a repayment with my authorised rep (Step Change) but not receieved any monies. I haven'e tsent anything for the last couple of months. They hav e asked me to get in touch to sort it out. I have not replied.

Original creditor Fraser Card

• Type of account Credit Card
• Date commenced
• Approx balance £1807.47
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Was sold to CL Finance Feb 2010
Sold again to Hoist Portfolio Holding 01/02/2014

2014 12 02 - CCA request

2014 05 31 - letter sent advising of Hubby's condition and change of payment
No response as yet

2015 01 26 - response from HPH Ltd
They are requesting a copy of my agreement and my account has been placed on hold pending receipt.

2015 04 30 - Our client has advised us they are unable to obtain any further documents and as such we are in the process of refunding your £1.00

2015 08 28 - posted letter today requesting consideration of write off due to hubby's condition and the fact he willnever be able to return to work. Enclosed a copy of letter from consultant "..requires 24/7 support to meet his needs...."

Although this is mine rather then HUbby's - I sent all the original letters for both names and it was worth a shot at reducing my own part of the debts. If they say no I am no worse off.



[/QUOTE]