In a mess head spinning.

[Deepie]

Re: In a mess head spinning.

just ignore sit and wait...........

[snudgerchops]

Re: In a mess head spinning.

Received this from Experto Credite today.

Letter was dated 5th March 2012.

Dear Snudgerchops

We write further to your letter dated 03/03/2012 and you request for documents under section 78 of the Consumer Credit Act 1974. We are in the process of liaising with MBNA for these documents and will make evry effort to provide these within a reasonable time frame.

Whilst we are aware of your statutory right to request documentation under the Act, please be aware that the purpose of Section 78, is to ensure you have been informed of your rights and not to provide that an agreement exists.

Should we not provide the documentation within 12 working days, we understand we will enter into a period of non-compliance. During the period of non-compliance, this agreement will be deemed as being unenforcible until such a time as the period non-compliance is remedied.

The case law in the matter of McGuffick -v- Royal Bank Of Scotland Plc (available on-line) adds clarity to the term "enforcement" (paragraph 74 to 85), under the heading " The Meaning of Enforcement". In any event, should it transpire that the agreement is unenforcible, we will of course notify you of this.

The Office of Fair Trading has produced an informative guidance for consumers within their Guidance on Sections 77/78/79 of the Consumer Credit Act 1974. We enclose a copy of this guidance for your attention. If you are unsure of what to do next, we urge you to seek advice from a non-fee charging organisation detailed at the back of the guide.

You will see that requesting payment from a customer during a period of non-compliance or unenforcibility is not deemed to be "enforcement". There remains a contractual liability for the customer to maintain payments, which will have a positive effect on you credit file.

We want to work with you to progress this matter constructively and look forward to hearing from you in due course.

Yours Sincerely

Please note:

They did not enclose the "guidance"

The letter was not signed.

I have updated my diary.

Any thoughts? Just standard?

Thanks

Snudgerchops.

[snudgerchops]

Re: In a mess head spinning.

Ahh if they've not defaulted then really you need to cease any repayments you have with them until they do, otherwise what you'll end up with is many years of false data, ie 6 years of AP's history when your file should be clean..... best way to achieve this is to default it by not paying, however is it really that much of a big deal? Only you know the answer to that......

Thank's for this.

I have ceased payments now.

[Never-In-Doubt]

Re: In a mess head spinning.

Morning all.

Been looking at my credit file again.

I have an AP listed next to Barclaycard, from what I have read this is bad. Am I right in thinking that even if I continued to pay them it would still show on my credit file for 6 years after the final payment?

I'm concerned about the mortgage, I am not on a fixed rate which is ok right now but if interest rates go up I'm screwed. Does anyone know how my current mortgage provider would look upon this? Bad I guess?

I HATE BARCLAYCARD.

Depends if/when you've been defaulted. It'll drop off your credit file 6 years after a default regardless of whether you pay or not.

That's the thing they have not defaulted me....ARGHHH

Ahh if they've not defaulted then really you need to cease any repayments you have with them until they do, otherwise what you'll end up with is many years of false data, ie 6 years of AP's history when your file should be clean..... best way to achieve this is to default it by not paying, however is it really that much of a big deal? Only you know the answer to that......

[snudgerchops]

Re: In a mess head spinning.

hi snudgerchops

welcome to the site, i have just started on the road to UE, and as i (we) have many debts, you may see my name pop up quite a bit, please feel free to read and comment on, any of my threads

best wishes NW (mutley)

Thank's NW,

Best Wishes to you too.

[nightwatch]

Re: In a mess head spinning.

hi snudgerchops

welcome to the site, i have just started on the road to UE, and as i (we) have many debts, you may see my name pop up quite a bit, please feel free to read and comment on, any of my threads

best wishes NW (mutley)

[snudgerchops]

Re: In a mess head spinning.

Thank's PriorityOne & In 2 Deep. Great Advice.

Snudgerchops.

[Deepie]

Re: In a mess head spinning.

Originally Posted by Drowning Not Waving
Getting on top of the paperwork can be a full time job in itself, but once you're organised (I use a concertina box file and labelled each pocket for each creditor) it becomes much easier and a fairly simple process -

• Open letter
• Staple envelope to letter
• Date it with date actually received
• Read it
• Update your own records and/or records here
• Reply if necessary
• File letter along with your response (most recent correspondence goes at the front of mine for easy referral)
• Done!

Good luck with it all

[PriorityOne]

Re: In a mess head spinning.

As someone said earlier, sending CCA requests to PO Box addresses is fine.... I've sent many over the years wth no problems at all.

One word of advice to you though... if you are sending out several CCAs, get hold of a few plastic polly-pocket files to seperate your correspondence from each creditor/DCA. That way, you'll know where you are with each one and won't be pulling your hair out.

They sell them in Tescopoly for around £2ish....

[Undercover Elsa]

Re: In a mess head spinning.

They tend to get block signed, so you may not get a signature image but you should get basic confirmation that it was delivered (plus you have proof of posting) which is fine.

Good luck!!!

Shep x

[snudgerchops]

Re: In a mess head spinning.

sent mine to a PO box two years ago and have had replies to all of them, quite a lot of replies to be honest in some cases, so don't stress, just get them off and you'll feel a lot better.

You are a STAR -

Thank's completing the last one now. Yipee

[MrsD]

Re: In a mess head spinning.

sent mine to a PO box two years ago and have had replies to all of them, quite a lot of replies to be honest in some cases, so don't stress, just get them off and you'll feel a lot better.

[snudgerchops]

Re: In a mess head spinning.

Hi All,

I know I'm a pest - hopefully this is the last question for a while.

I'm on my last letter to Barclaycard, but again it's a PO BOX, my concern is that if it's a PO BOX it will not be signed for.

Any ideas?

Thanks

[Undercover Elsa]

Re: In a mess head spinning.

Arrow Global are a DCA but they are also the debt owners.
Often they use other DCA's such as Moorcroft to do their dirty work for them..

[snudgerchops]

Re: In a mess head spinning.

Or use the 12 Booth Street, Manchester address given here ---> link.

Thank's Cleverclogs,

I'll use that address.

So just before I hit the print button, to confirm: I'm going to send them to the address I have only, not for anyones attention. (I have no names anyway).

Thanks Again.

Snudgerchops.