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  • #46
    Re: Which Way to Go?

    Originally posted by NotDrowningButWaving View Post
    A question for clarification, please.

    I have not made any repayments for 3 months. So far only 2 of the creditors have responded in any way to the CCA requests sent at the beginning of this month. I assume that I do not follow up with the non-responders until such time as they chase for payment, and at that time remind them that I still await the required info, and that they are in default until they provide it?
    Spot on............
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #47
      Re: Which Way to Go?

      Update:

      I have now received a reply from Capital One regarding my CCA request, and I will send it to Niddy for an opinion.

      Comment


      • #48
        Re: Which Way to Go?

        Originally posted by NotDrowningButWaving View Post
        Update:

        I have now received a reply from Capital One regarding my CCA request, and I will send it to Niddy for an opinion.

        Niddy has replied saying it is unenforceable. I will send the Missing Prescribed Terms letter.

        Comment


        • #49
          Re: Which Way to Go?

          Originally posted by NotDrowningButWaving View Post
          Niddy has replied saying it is unenforceable. I will send the Missing Prescribed Terms letter.
          Yep the terms are a recon but not relevant to the product you signed up for

          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #50
            Re: Which Way to Go?

            Update:

            I have now received a response from Idem Servicing in respect of one of my MBNA accounts. Sending it to Niddy for an opinion.

            Comment


            • #51
              Re: Which Way to Go?

              Originally posted by NotDrowningButWaving View Post
              Credit card 3 Bank of Scotland. – Taken out during 90's (I think)
              Balance approx. £13,200
              Last full monthly repayment May 2010
              DMP payments since then.
              Last DMP payment May 2012.
              Being administered by Blair Oliver Scott
              2/8/12 CCA letter sent.
              14/8/12 date of BoS response – Niddy says Unenforceable.
              20/8/12 date of letter from Blair Oliver Scott “Contact us within 5 days, or else.”.
              28/8/12 Missing Prescribed Terms letter sent to BoS.
              29/8/12 Account in Dispute/Harassment & Threat of Doorstep Visit letter sent to Blair O.S.
              4/9/12 received letter dated 28/8/12 from Blair O.S. - "Notice of Intended Court Action. Sum claimed due by 4/9/12."


              Do I ignore this latest letter for the time being, given that it has probably crossed with my most recent letters to both BoS and Blair?
              Last edited by Still Waving; 6 September 2012, 18:58. Reason: Added date due

              Comment


              • #52
                Re: Which Way to Go?

                Originally posted by NotDrowningButWaving View Post
                2/8/12 CCA letter sent.
                14/8/12 date of BoS response – Niddy says Unenforceable.
                20/8/12 date of letter from Blair Oliver Scott “Contact us within 5 days, or else.”.
                28/8/12 Missing Prescribed Terms letter sent to BoS.
                29/8/12 Account in Dispute/Harassment & Threat of Doorstep Visit letter sent to Blair O.S.
                4/9/12 received letter dated 28/8/12 from Blair O.S. - "Notice of Intended Court Action. Sum claimed due by 4/9/12."


                Do I ignore this latest letter for the time being, given that it has probably crossed with my most recent letters to both BoS and Blair?
                I would send this if it were me----> Threat by Creditor - To Commence Litigation
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #53
                  Re: Which Way to Go?

                  Originally posted by NotDrowningButWaving View Post
                  Update:

                  I have now received a response from Idem Servicing in respect of one of my MBNA accounts. Sending it to Niddy for an opinion.
                  Wow

                  I cannot believe I have just seen an enforceable agreement from 1994 - that has shocked me and must be a first. Sorry but that is actually a good agreement, ie all the terms are present - the additional .pdf means little - the original is the actual problem.

                  Me, I'd just blag it and send off the missing prescribed terms template and see what they want to do next...

                  Sorry but this is enforceable.

                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #54
                    Re: Which Way to Go?

                    Originally posted by Never-In-Doubt View Post
                    Wow

                    I cannot believe I have just seen an enforceable agreement from 1994 - that has shocked me and must be a first. Sorry but that is actually a good agreement, ie all the terms are present - the additional .pdf means little - the original is the actual problem.

                    Me, I'd just blag it and send off the missing prescribed terms template and see what they want to do next...

                    Sorry but this is enforceable.


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #55
                      Re: Which Way to Go?

                      Originally posted by in 2 deep View Post
                      I would send this if it were me----> Threat by Creditor - To Commence Litigation
                      Thanks in 2 deep, I will

                      Comment


                      • #56
                        Re: Which Way to Go?

                        Originally posted by Never-In-Doubt View Post

                        Sorry but this is enforceable.

                        Not the hoped for response. (


                        Originally posted by Never-In-Doubt View Post

                        Me, I'd just blag it and send off the missing prescribed terms template and see what they want to do next...
                        That's what I'll do. From the interest rates I was paying they've had their money back anyway.

                        Thanks Niddy

                        Comment


                        • #57
                          Re: Which Way to Go?

                          Originally posted by Flowerpower
                          From MBNA?

                          I can't believe that either!
                          No shit, it's good! Shocking really.....
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #58
                            Re: Which Way to Go?

                            Originally posted by Never-In-Doubt View Post
                            No shit, it's good! Shocking really.....
                            Do you think you could keep that down a bit?

                            Comment


                            • #59
                              Re: Which Way to Go?

                              I would definitely blag it for all your worth, if we can't believe they actually managed an enforceable one, why should they???

                              they must be SO used to peeps writing back and telling them their paperwork is a load of old bollocks..................

                              Comment


                              • #60
                                Re: Which Way to Go?

                                Hi. An update -

                                Originally posted by NotDrowningButWaving View Post
                                Update: Reply received from Mint re CCA request. They have returned my postal order, and the gist of their letter is

                                "I am unable to deal with your request due to, (ticked as appropriate)

                                s78 request received, however this has been returned to you as we require your signature before we can proceed. Please sign your request for information and return ....."


                                I am therefore proposing to send the template response covering this scenario.
                                I sent CCA Request - Demand of Signature by Creditor letter to Mint/RBS on 29/08/12.
                                Today I received a letter from them dated 05/09/12 - "THIS IS A FINAL DEMAND FOR PAYMENT - We currently require (the full amount) from you. If we do not receive a payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage ........ discuss a repayment programme"

                                Please can you clarify which is the most appropriate Template response to send? If it's CCA Reminder - Unenforceability Threat, I shall have to tweak the final paragraph a little, as I am no longer making payments.

                                Many thanks.

                                Comment

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