Hi, I've been following this thread with interest, as I'm in a similar position...Vanquis CC debt went on the DCA 'magic roundabout' eventually ending up with cabot...I CCA'd them, and eventually (after 2 months) they sent me though a final response letter with a the digital signature 'document' thats been mentioned in the thread and copies of the TOC's, one copy from when the card was issued and an updated one varied in 2009...I've had a good look at the documentation and compared it with the OFT's guidlines on CCA enforcebility, and my take is that if the digital signature doc has your personal details correct (as they were at the time the card was applied for) and a copy of the origianl TOC's (plus any variances since) and a recent statement of account (with current balance) then the DCA has complied with S77/78 and you'll have a tough time convincing a judge otherwise if it goes to court....I could be wrong on this, after all it's just my interpretation but worth baring in mind (like yourselves though, I wouldn't mind one of the more experienced members have a look at this thread and comment.....I'm still very interested in the outcome though, as my 'alleged' debt is around £700, but if I put in a PPI reclaim through Vanquis, the balance would probably be wiped...I'm just wondering what route to take, PPI reclaim or wait on enforcability outcome?

just thought I'd post an update....it'd been all quiet on the MKRR front until the past couple of weeks....the phone's been ringing and the mailbox's been deposited in.....Yep, they're hassling me again...I didnt send my draft letter, decided to wait to see if they'd start court precedings....Anyhoos, dodgy DN and dodgy rescission aside, my interest has turned to the statement of account they've sent me from WF....more specifically the final entry which says simply '05/03/10 DEBT WRITTEN OFF'......... no mention of the debt being assigned to MKRR, just the fact that the debt has been written off (I did receive a NOA from WF, but this was dated 12/03/10, some 7 days after it has been written off according to my statement of account).....Thoughts anyone?

must admit, I haven't had a letter from Lowells for a least 3 weeks, and really miss their witty reposts in their letters.......With this in mind, I thought I'd compile a letter to them.

"AJPS Collections Inc

22 arcacia ave

Threatsville

YOUR REF: LOWELL-PAYORDIE

CREDITOR: The general population of the UK

CURRENT BALANCE: Untold Millions

CONFIRMED RESIDENT - PRE LITIGATION SUMMONS

Dear Lowells chap,

We are hereby instructed by our client - The general population of the UK, to commence recovery action against yourselves for your UNPAID DEBT TO SOCIETY.

You have failed to make any payment for your UNPAID DEBT TO SOCIETY despite numerous attempts to contact you (a £1000 admin charge has been now placed on your account)

I can confirm that we received your £1 postal order for a copy of the executed CA, & £10 for the S.A.R, but unfortunately the postal orders were used to purchase a phone top-up card so we can continue to pester you incessantly. So we would be greatful if you could submit more postal orders

Failure to comply with this order to pay your UNPAID DEBT TO SOCIETY will result in the following:

A doorstep collector will be instructed to camp in your garden until you pay

A customer service agent will be instructed to phone you 5 times a minute, 24 hours a day

A Bailiff will be instructed to take anything of value that belongs to you, including your dignity & very soul

DO NOT IGNORE THIS LETTER, THIS DEBT WILL NOT GO AWAY - SHAME ON YOU !

Yours, in utter contempt

J BLOGGS

AJPS COLLECTIONS"

Hmm.....wonder if they'll reply and pay up??

A quick update to this thread....Good news!......Lowells have written back, stating that they have contacted Shop Direct, and that there is no CA available, and have closed my file.....result!

thanks for the reply...I'm off to work now, but will upload them later today

* a quick bump *

can anyone advise please?

I had an extraordinary delivery from the postie today.....16, yes 16 Default notices for the SAME account.....Its a great universal account, a bog-standard credit account opened on-line 3 years (no signed CA).....What they have done is basically issued a seperate DN for each item purchased for arrears due on each individual purchase....Are they allowed to do this?.....The account has been in dispute for 10 months due to disputed penalty charges, and is currently with NDR (their in-house DCA)....Can anyone advise firstly, whether or not they can issue multiple DN's for a single credit account, and if not, what my plan of action should be??

cheers

forgot to ask, but I've a few shop direct accounts (empire, littlewoods, great universal etc) that I'm looking to re-claim charges....Can I get away with one subject access request for all the accounts, or will I have to sent individual SAR'S ..

after all £10 is lot cheaper than £50

yep, thanks for the advice...I'm going to go back to shop direct...give it the old "Letter before Action" header, and address it to the CEO...That should get the message across...lol....I guess they'll give me the merry-go-round re. charges, I guess at the end of the day, I'll have to start court proceedings against them

In what way did they tell you to 'get stuffed'? Did they write? What did they say and what reasons did they give? Under CPUTR, any charged must reflect the actual loss suffered.

 

I don't think it's illegal to sell on an account in dispute - it's just bad practice.

They wrote to me stating that they would not refund the charges, that I agreed to the charges as stated in the T&C's when I signed the agreement.

So, should I go after Lowells for the charges?

If the debt is made up of mainly charges, then you should claim them back and have them applied to the debt, and hopefully this will pretty much zero the account..

as lowells bought the debt, do I claim back the charges from Lowells?.....I tried to claim back from shop direct, but was told to 'get stuffed' as mentioned in the thread earlier

cheers

I've compiled the following letter to MKRR as they're now threatening to apply for a CCJ against me within 14 days....

Is there any chance anyone can give it the 'once over' and advise me on any amendments please?

Many thanks..

"Dear Sir/Madam

Thank you for your letter dated xx/xx/xx, the contents of which have been duly noted.

Please be aware that the account in question was terminated by Welcome Financial services following issue of an invalid Default Notice which did not allow for the specified time period for the breach of the account to be remedied by as specified by the Consumer Credit Act 1974 (amend. 2006) s88(1) & s88(2), nor did the Default Notice contain the prescribed terms as laid down in the Consumer Credit Act 1974 (amend. 2006) s88(1) & s88(2) therefore should MKRR or its appointed legal representative pursue legal action, then only the arrears of £xxx.xx as stated at the time of the Deault Notice (dtd xx/xx/xx) would become liable

I look forward to hearing from you

Yours Faithfully"

a quick update on this thread......

Lowells have sent a copy of the CA, the CA looks like it has all of the proscribed info on it and it has my sig......However the amount outstanding is incorrect...I've checked with my bank and have confirmed payments that were made to the account...Lowells & shop direct say I owe "X" amount, yet I have proof that I owe "X-£40"...So, what now?...an "account in dispute" letter to lowells?

on a side not, I've resisted the temptation to phone Lowells about this, and they are also unaware that the debt is mostly made up of penalty charges (I decided to hold fire on that until they produced a valid CA)

certainly worth a bash!....by any chance are you talking about 'Shop Direct' (littlewoods, great universal etc)??.....If so, my experience to date is that they are a tough cookie to crumble...I've sent two letters and a LBA, and they refuse to budge...I complained to F.O.S which was a waste of time, so off to court we go!!

Hmm, as a UW customer, not distributor, I think the thread title is rather provocative....If UW are a [problem], then I think its fair to say that all other service providers are scams....now there's a thought...lol

Anyhoos, I think I've posted my thoughts before, but here goes....for broadband/telephone I think they're cheap...for gas and electricity, somewhat on the pricey side (most utility providers have cheaper dual-fuel tarrifs) and for mobile phones I think they're very expensive.....needless to say, I'm only a broadband customer!

The termination of an agreement means that there is no longer an obligation to pay your regular monthly instalments. If they have sold this debt to a dca then you clearly have NO obligation to pay Welscum anything, let alone your previous monthly instalments.

 

Your agreement with Welcome is terminated, end of. As you have a NOA any further correspondence or arrangements will be with the dca. Equally any screw ups made by welcome are now the responsibilty of the dca.

So, yes I agree, wait for them to take you to court, or alternatively write to them explaining that welcome terminated on the back of a dodgy DN therefore, should they pursue legal action, the only amount you would be liable for would be the arrears as stated on the DN.

 

Just my opinion, hope it helps

Thanks for the advice, makes a lot of sense

another snippet I've copied for my own ref:-(from this site)

 

The acid test is the Notice itself. Was it set out in the Prescribed form using the Prescribed words, did it accurately state what you had done wrong in relation to the Terms of the Agreement, did it accurately state the exact default amount they were entitled to demand that you pay and did the Notice give you 14 clear days?

 

If the answers to any of the above are no, then the Notice is defective, and the Claimant loses any right to enjoy s87 benefits. If the Agreement is also Terminated, either by a Termination Letter because they have taken enforcement action not otherwise allowed unless they had secured s87 benefits, then that Agreement is ended, and they cannot thereafter issue an effective s87(1) Default Notice.

The DN gave 14 days, but did not actually state the date by which the breech had to remedied by...My understanding from Post and other well respected members of the forum is that the date of the remedy eg (xx/xx/xxxx) has to be physically on the DN otherwise it's defective

*bump*....can anyone help please?

sorry for the long delay in replying......re. PPI reclaim, I dont think its going to happen...I realised that as it was an on-line app, I would've ticked the box for PPI, so basically I miss-sold it to myself!...doh!....However, shortly after I won my penalty-charge claim, they passed on the account to a 3rd party DCA as the account was still in arrears but with no N.O.A...I disputed that with the DCA and they are throwing it back to Vanquis. I also have reason to think the DN vanquis sent me (oct 09 - 5 months before they passed it onto the DCA) is invalid so I guess its a case of watch this space...(hopefully Vanquis will terminate the account on the back of an invalid default notice)

Sorry, I cant find it...I'll use letter 1 and tweak the wording..On a side note I've just been on the phone to the F.O.S to see what they have to say about unfair penalty charges on credit accounts...What a joke!!....They say if if someone agrees to the T&C's then its all legit. I even gave an example of a hypothetical company stating penalty charges of £1000 per letter for late payment, and the chap from the F.O.S said that that was perfectly fine if it was in the T&C's....Unbelievable!

Thanks Boo...I dont think it was either to be honest...Although, I'm wondering if I can tweak the 1st one....just wondering on the wording, can you advise at all/

Thanks

*bump*

Hi, just a quick question....Shop direct sold an account to lowells (on-line app in 2008 ) which is made up of 85% charges...I've had a running battle with shop direct to refund the charges but they basically told me to 'sod off' and sold the account to lowells....I'm sure I remember seeing a letter template on the forum re. putting an account in dispute when its sold to a DCA when the account is mainly charges...I've had a good scan through the forum, but cant find the template....Can anyone point me in the right direction?

Cheers

I've just been reading through some other related threads, and want to clarify something as I'm getting hassled by MKRR....Welcome sent me a notice of assignment that MKRR now owned the account. Surely that constitutes as a termination of the agreement? Not forgetting the fact that the original default notice was invalid (no dates on it). If this is the case, whats the next step?...Wait until MKRR take me to court?...I've read on other threads that I need to write to either Welcome or MKRR accepting their unlawful rescission of the contract. Could anyone advise me on the correct format of this letter?

Sorry everyone, lots of questions, I'm just worried about messing it up and being left up the creek without a paddle!

*bump*....can anyone advise please?...thanks in advance

*bump*....is there anyone who can give a definitive answer on this question....thanks in advance