Credit card defaulted without notice?

[DaisyBell]

Re: Credit card defaulted without notice?

Have sent off CCA's, waiting for replies.
Have been reading up on UE, just wanted to check that I understood it. So, I CCA the OC or DCA, who eventually reply with original agreement, or not, if they can't find it. If its lost or does not contain everything it should, then the debt becomes unenforceable, and they can't take me to court to recover the money. So if I stop all payments, do not write to acknowledge the debt and hold tight for 6 years, then the debt becomes statute barred? Does this mean its gone, finished, never to haunt me again?

[SXGuy]

Re: Credit card defaulted without notice?

Have sent off CCA's, waiting for replies.
Have been reading up on UE, just wanted to check that I understood it. So, I CCA the OC or DCA, who eventually reply with original agreement, or not, if they can't find it. If its lost or does not contain everything it should, then the debt becomes unenforceable, and they can't take me to court to recover the money. So if I stop all payments, do not write to acknowledge the debt and hold tight for 6 years, then the debt becomes statute barred? Does this mean its gone, finished, never to haunt me again?

Exactly correct.

[DaisyBell]

Re: Credit card defaulted without notice?

And the Sainsbury credit card, Niddy said

"Most likely enforceable but send off a CCA request......"

Is that because Sainsburys know what they're doing, or is the debt not big enough??

Thanks for all your advice so far.

[SXGuy]

Re: Credit card defaulted without notice?

No, its more so, that they prob usually keep their records neat, and their agreements are up to scratch with regulations, not really a case of the size of the debt, thats never an issue.

You should still CCA Request them, because sometimes credit cards have a habit of not keeping good records, and that means, not enough to force you to pay, i.e Unenforceable, so its always good to request them regardless.

Some of us on here have got UE credit cards with 1 company and others havent, it can be pure luck, or sometimes, a wide spread error on their part making them all UE. It really comes down to each individual at the end of the day, Niddy just gave his opinion based on what hes seen in the past, but its never gospel until he sees your CCA

[DaisyBell]

Re: Credit card defaulted without notice?

Hi, have sent off CCA requests. So far only Link Finance have answered, and they just said they need to ask MBNA for the information, and it could take up to 30 days to get it.

On another note, I am waiting to hear from sainsburys, who seem to have asked Wescot to collect the debt now. But Sainsburys have not told us about the change, and I have had a letter from Wescot, headed in red, saying Final Notice. They are giving us 10 days to contact them or they will be taking legal action against us through the courts, or they would refer the debt to a door step collection agency, who would come knocking. Not sure what to do. Have previously written to Sainsburys asking if the debt has been sold, as I don't think it has even been defaulted yet. No reply from them. Any suggestions would be welcome.

[Deepie]

Re: Credit card defaulted without notice?

Hi, have sent off CCA requests. So far only Link Finance have answered, and they just said they need to ask MBNA for the information, and it could take up to 30 days to get it.

On another note, I am waiting to hear from sainsburys, who seem to have asked Wescot to collect the debt now. But Sainsburys have not told us about the change, and I have had a letter from Wescot, headed in red, saying Final Notice. They are giving us 10 days to contact them or they will be taking legal action against us through the courts, or they would refer the debt to a door step collection agency, who would come knocking. Not sure what to do. Have previously written to Sainsburys asking if the debt has been sold, as I don't think it has even been defaulted yet. No reply from them. Any suggestions would be welcome.

Send this to Westcot----->Account Sold whilst in Dispute

[DaisyBell]

Re: Credit card defaulted without notice?

I did receive the first letter from Wescot before I sent the CCA request to Sainsburys. I wrote to Sainsburys asking what was happening, then started the thread here, and, as Sainsburys hadn't replied, sent the CCA to them. The template, Account sold whilst in dispute, does imply the CCA was sent before the OC sold the account? I think I'm getting a bit muddled here, but how important is it that the CCA was sent before the debt was sold? Because it wasn't, if indeed it has been sold, because Wescot's first letter just said they had been asked by Sainsburys to collect the debt, or is that just a euphemism for 'sold'?

[MrsD]

Re: Credit card defaulted without notice?

it doesn't really matter, the thing is that sainsburys have passed on the debt to someone else to collect, they may have sold it they may not have, the account sold is the generic letter for quite a few situations when a debt has been passed to someone else to collect.

sometimes it's just the next desk along but it would still be the account sold letter we'd send.

[DaisyBell]

Re: Credit card defaulted without notice?

Ok. Thanks for clarifying that, so I will send the Account sold while in dispute letter. Do I need to delete the references to s.77 and s.79?

[MrsD]

Re: Credit card defaulted without notice?

golden rule, never mess with the templates
leave as is, they've been carefully written so that you admit nothing
just send the letter and don't fret

great minds!!!

[DaisyBell]

Re: Credit card defaulted without notice?

Update.

Hi, hope its ok to keep updating on this thread.

Nothing further from Link/MBNA.

Nothing yet from John Lewis re: CCA request, although they did send a rather terse letter agreeing to reduced payments for a further six months, but I have decided to stop paying until I get a reply to the CCA request. Its been 13 days since they received the request.

Wescot, who were collecting on the Cahoot Flexi-loan have said I must contact Santander directly, so am sending another request to them.

Sainsburys however have replied, with a copy of the signed agreement, with what looks to me like the prescribed terms on the back, plus a reconstituted version of the executed agreement. Any suggestions what I do next, please?

[Deepie]

Re: Credit card defaulted without notice?

Update.

Hi, hope its ok to keep updating on this thread.

Nothing further from Link/MBNA.

Nothing yet from John Lewis re: CCA request, although they did send a rather terse letter agreeing to reduced payments for a further six months, but I have decided to stop paying until I get a reply to the CCA request. Its been 13 days since they received the request.

Wescot, who were collecting on the Cahoot Flexi-loan have said I must contact Santander directly, so am sending another request to them.

Sainsburys however have replied, with a copy of the signed agreement, with what looks to me like the prescribed terms on the back, plus a reconstituted version of the executed agreement. Any suggestions what I do next, please?

Send to Niddy for a look------> agreements@all-about-debt.co.uk

[Never-In-Doubt]

Re: Credit card defaulted without notice?

Update.

Sainsburys however have replied, with a copy of the signed agreement, with what looks to me like the prescribed terms on the back, plus a reconstituted version of the executed agreement. Any suggestions what I do next, please?

Send to Niddy for a look------> agreements@all-about-debt.co.uk

This is unfortunately enforceable as the terms are all present and linked to the main application. If you're not paying into this I would be minded to blag it and see what happens - however if you're paying minimal payments then continue to do so.

In the main i'd not worry too much - see what happens before jumping in with a response. If you do want to blag it then respond with the Missing PT's template.

Good Luck

[DaisyBell]

Re: Credit card defaulted without notice?

Thanks Flowerpower, I will start the UE diaries now. Have looked at other diaries, am I right in thinking that to up-date I use the same entry, not start a new entry?

And thanks Niddy, I was expecting you to say enforceable .
I had a letter from Wescot on the 2nd June agreeing to suspend all collections activities whilst the matter is under investigation, so I will wait and see what happens next.