I’m at my wits end and looking for some help

[hope-in-a-bubb]

Hi Niddy,

I am delighted to find your new site eventually. Inspired by Phoenix UE Diary, maybe that’s time for me to seek your help and guidance on several of my and O/H’s credit card accounts.

Here is account 1: Egg credit card
• Date commenced: Sept.1999.
• CCA’d them in Sept. 2009 and received agreement (approved limit edition) in October 2009. (I have sent one copy to your email address for you to nail its fate.)
• Date last paid –Sept. 2009.
• Defaulted in May 2010.
• Agreement has been terminated in June 2010.
• Have been chased by couple of DCAs since and now have received a letter from Solicitors threatening legal proceedings if full payment (Approx £8000) not be made within 14 days.

I have been fighting over a year for several accounts. I’m at my wits end now. Your help would be greatly appreciated.

Thanks.

hope-in-a-bubble

[alland]

Re: I’m at my wits end and looking for some help

Hi and welcome hope-in-a-bubble. ya

Niddy is quite busy with site updates right now, so don't worry if it takes him a while to respond to your mail, but rest assured he will do.

Most of us here have been at our wits end just like you, the best thing you have done is make the first step and joined here.
All the support to guide you through your financial issues will be here for you, so try and stay strong for a little while longer.

You mention Egg, you may or may not have read on the forum, but Niddy does not really get too involved in Egg accounts. But thats not to say he will won't give you any advice he can, so wait and see what he suggests.

There are a few of us here who also have the same fight on our hands with Egg, so you are not alone, and Egg have not won the battle just yet, so hang in there.

If you have a few accounts it may be best to start your own diary and list out each one, just like you have above, it looks like you have the hang of what is required to help Niddy advise you best.

Good Luck
Allan

[hope-in-a-bubb]

Re: I’m at my wits end and looking for some help

Thanks Allan, for the warm welcome. I am trying to stay strong.

[Never-In-Doubt]

Re: I’m at my wits end and looking for some help

Hiya

It may be worth starting a full diary listing all accounts - see here: ---> viewtopic.php?p=6789#p6789

As for the Egg stuff, it is something I do not deal with as I am awaiting Paul to clarify the legal position of the case so in the meantime we tend to say blag it. That said, other than the addition of the word "approved" it does seem enforceable however it is hard to confirm cos there are bits missing from the agreement.

If you email me agreements I need the cover letter and also an un-edited copy sending to me. Trust me here, your info is of no use to me and each thing I check is immediately deleted and forgotten. I see 100's of agreements a week and even now don't know half the people here real details, cos I don't look (or pay any attention) to those - however when you cut the signature etc it is hard to tell if it was ever signed so hard to cofirm if real or recon.

In the meantime, respond to the solicitors with this: ---> viewtopic.php?p=2319#p2319

[hope-in-a-bubb]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Thanks for the advice. The agreement and cover letter were sent to you again.

I’ll start a full diary soon, just not sure if need to start all over again on the UE Diary thread or just move the thread.

Thanks again.

[LooLoo]

Re: I’m at my wits end and looking for some help

Hi Hope

you can keep this thread and start again or if it is easy for you we can move this to the diary thread? just let us know

LL

[Never-In-Doubt]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Thanks for the advice. The agreement and cover letter were sent to you again.

I’ll start a full diary soon, just not sure if need to start all over again on the UE Diary thread or just move the thread.

Thanks again.

It is enforceable unfortunately, however read this: ---> viewtopic.php?f=59&t=222

I'd blag it for the moment, send that letter as detailed above and see what they come back with.....

[Never-In-Doubt]

Re: I’m at my wits end and looking for some help

p.s. just keep everything on this thread and i'll sort it all out later when we know what you're doing...

[hope-in-a-bubb]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Thanks. I'll respond to the solicitors accordingly.

Here comes the next account.

• HFC credit card
• Date commenced: 1995
• Approx balance: £14k
• Date last paid: October 2009
• Not paying at the moment
• Status: Not sure. Default notice received in Jan. 10, I checked the credit report again, the balance showed £0 settled in Jan. 10 status history 220000000000
• Account owner: HFC?

To Date:-
• CCA’d and SAR’d them in 2009 and received an entirely illegible, not readable application form. (It was sent to your email.)
• Complained to FOS at the end of 2009 to ask their help to obtain a copy of the signed executed credit agreement.
• Received letter from HFC recently- provided us with a typed transcript of the information contained on the application form and £25 compensation.
• Also received letter from Adjudicator at FOS confirmed that it has not been possible for HFC to provide a “clean” copy of the application. They considered the bank’s full and final settlement offer was a fair one.
• The offer was rejected by us and we need to provide information we would like the ombudsman to consider very soon.

I am not sure if it’s worthwhile to carry on this complaint with FOS though.

Your guidance would be greatly appreciated.

[Never-In-Doubt]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Thanks. I'll respond to the solicitors accordingly.

Here comes the next account.

• HFC credit card
• Date commenced: 1995
• Approx balance: £14k
• Date last paid: October 2009
• Not paying at the moment
• Status: Not sure. Default notice received in Jan. 10, I checked the credit report again, the balance showed £0 settled in Jan. 10 status history 220000000000
• Account owner: HFC?

To Date:-
• CCA’d and SAR’d them in 2009 and received an entirely illegible, not readable application form. (It was sent to your email.)
• Complained to FOS at the end of 2009 to ask their help to obtain a copy of the signed executed credit agreement.
• Received letter from HFC recently- provided us with a typed transcript of the information contained on the application form and £25 compensation.
• Also received letter from Adjudicator at FOS confirmed that it has not been possible for HFC to provide a “clean” copy of the application. They considered the bank’s full and final settlement offer was a fair one.
• The offer was rejected by us and we need to provide information we would like the ombudsman to consider very soon.

I am not sure if it’s worthwhile to carry on this complaint with FOS though.

Your guidance would be greatly appreciated.

I would drop the FOS and wait til HFC write to you then update me. Just ignore this - don't do anything, that application is not enforceable regardless of legibility.

Keep us updated yea? In the meantime, this is unenforceable.

[hope-in-a-bubb]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Thanks for your advice on HFC credit card. The unenforceable verdict was great. One heavy stone could be put aside for the time being. Will keep you updated.

• HBOS credit card
• Date commenced: 2001
• Approx balance: £14.5k
• Date last paid: October 2009
• Not paying at the moment
• Status: defaulted.
• Account owner: DCA R at the moment

To Date:-
• CCA’d and SAR’d them in 2009 and received a signed fast track application form. (emailed you)
• HBOS terminated the credit agreement before the default remedy date – an unlawful repudiation.
• HBOS Data Subject Access Request Team confirmed in writing that the agreement was not currently held electronically or within a relevant filing system.
• Have been chased by couple of DCAs and the recent DCA R threatened a home visit.
• Replied them with the Harassment & Threat of Doorstep-Visit Template letter and a copy of HBOS’s letter which confirming the agreement was not currently held electronically or within a relevant filing system.

Your thoughts on this would be greatly appreciated.

[hope-in-a-bubb]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Some more credit cards!

• B credit card 1 – Mrs Hope
• Date commenced: 1997
• Approx balance: £8.5k
• Date last paid: October 2009
• Not paying at the moment
• Status: The CC made a mistake. They addressed the default notice to Mr Hope in early 2010 and registered the default with Experian under Mr Hope’s name.
• Account owner: DCA R at the moment

To Date:-
• CCA’d and SAR’d them in 2009 and received only print out of terms and conditions.
• After the default notice, some DCAs have been played the chasing game with Mr Hope. Mr Hope either ignored them or informed them that he had no knowledge of this account.
• However, the most recent DCA R came back to Mr Hope with a signed priority application form that Mrs Hope applied in 1997.

* * *

• B credit card 2 – Mrs Hope
• Date commenced: 1997
• Approx balance: £8.5k
• Date last paid: October 2009
• Not paying at the moment
• Status: The CC made a mistake. They addressed the default notice to Mr Hope in early 2010 and registered the default with Experian under Mr Hope’s name.
• Account owner: DCA M at the moment

To Date:-
• CCA’d and SAR’d them in 2009 and received only print out of terms and conditions.
• After the default notice, some DCAs have been played the chasing game with Mr Hope. Mr Hope either ignored them or informed them that he had no knowledge of this account.
• However, the most recent DCA M wrote to Mr Hope again with a pack of Mrs Hope’s credit card statement.

I am not sure what to do from here. Your advice would be greatly appreciated.

[Never-In-Doubt]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Thanks for your advice on HFC credit card. The unenforceable verdict was great. One heavy stone could be put aside for the time being. Will keep you updated.

• HBOS credit card

• HBOS Data Subject Access Request Team confirmed in writing that the agreement was not currently held electronically or within a relevant filing system.
• Have been chased by couple of DCAs and the recent DCA R threatened a home visit.
• Replied them with the Harassment & Threat of Doorstep-Visit Template letter and a copy of HBOS’s letter which confirming the agreement was not currently held electronically or within a relevant filing system.

Your thoughts on this would be greatly appreciated.

Hiya, what they sent is unenforceable - it always has been! So, you have the letter from they saying no agreement can be found right? Keep this safe! If any DCA hassles you, copy the letter and highlight the relevant text confirming they do not have an agreement and send a copy of it with this (to the dca): ---> viewtopic.php?p=20195#p20195

Its finished, well done - another unenforceable one gh




ps what exactly is DCA R?

[Never-In-Doubt]

Re: I’m at my wits end and looking for some help

Hi Niddy,

Some more credit cards!

• B credit card 1 – Mrs Hope
• Date commenced: 1997
• Approx balance: £8.5k
• Date last paid: October 2009
• Not paying at the moment
• Status: The CC made a mistake. They addressed the default notice to Mr Hope in early 2010 and registered the default with Experian under Mr Hope’s name.
• Account owner: DCA R at the moment

To Date:-
• CCA’d and SAR’d them in 2009 and received only print out of terms and conditions.
• After the default notice, some DCAs have been played the chasing game with Mr Hope. Mr Hope either ignored them or informed them that he had no knowledge of this account.
• However, the most recent DCA R came back to Mr Hope with a signed priority application form that Mrs Hope applied in 1997.

* * *

• B credit card 2 – Mrs Hope
• Date commenced: 1997
• Approx balance: £8.5k
• Date last paid: October 2009
• Not paying at the moment
• Status: The CC made a mistake. They addressed the default notice to Mr Hope in early 2010 and registered the default with Experian under Mr Hope’s name.
• Account owner: DCA M at the moment

To Date:-
• CCA’d and SAR’d them in 2009 and received only print out of terms and conditions.
• After the default notice, some DCAs have been played the chasing game with Mr Hope. Mr Hope either ignored them or informed them that he had no knowledge of this account.
• However, the most recent DCA M wrote to Mr Hope again with a pack of Mrs Hope’s credit card statement.

I am not sure what to do from here. Your advice would be greatly appreciated.

I would ignore both of these for the time being, they can never take formal action being they have defaulted (and chase) the wrong bloody person! As they have incorrectly added a default (or 2) against the WRONG person, they are in severe trouble - don't tell them this, use it as your get out of action card if they attempt court action.....

I'd ignore for the moment.....

[hope-in-a-bubb]

Re: I’m at my wits end and looking for some help

Hi Niddy,

A big thank you to you! We have done well so far, haven't we? One enforceable out of 5 accounts.

More accounts.....

B credit card 3
• Date commenced: 1998
• Approx balance: £4.5k
• Date last paid: September 2009
• Not paying at the moment
• Status: defaulted.
• Account owner: Moorcroft at the moment

To Date:-
• CCA’d and SAR’d them in 2009 and received only print out of terms and conditions. It was a Woolwich credit card.
• Have been chased by couple of DCAs and have just received a letter of litigation warning from Midas legal services on behalf of Moorcroft.

* * *

B credit card 4
• Date commenced: 2002
• Approx balance: £2k
• Date last paid: October 2009
• Not paying at the moment
• Status: defaulted.
• Account owner: Apex at the moment

To Date:-
• CCA’d and SAR’d them in 2009 and received only print out of terms and conditions. It was a Providian credit card.
• Have been chased by couple of DCAs, the recent DCA came back with a copy of Providian reply card signed in 2002. (E-mailed you.)


* * *

B credit card 5
• Date commenced: 2000
• Approx balance: £660
• Date last paid: September 2009
• Not paying at the moment
• Status: defaulted.
• Account owner: The original CCC.

To Date:-
• CCA’d and SAR’d them in 2009 and received only print out of terms and conditions. It was a Megan Stanley credit card.
• Have been chased by DCA, now the account has been returned to the original CCC. It’s a bit quiet at the moment.


Your thoughts on these accounts would be greatly appreciated.