BigCraigJohn UE problems

[BigCraigJohn]

Hi Nid, hope your good. Regarding the quote below, sorry its a bit of a mess.
Basically Ulster have now forwarded the account to Triton and in turn Green and Co solicitors who say they are recommending there clients take me to court.
Ive been a bit slack with this and pretty much ignored it but would like to let them know where I stand.
In simple terms its an account opened 2008, I SAR'd them for charges to which they replied they had no agreement, proof I agreed to anything or account opening information.
You said this would be unenforceable despite the age of the debt.

Is there anything I can send them to let them know my position?, I am completely unable to consider repaying this?, I realise there is no template but I dont wanna go saying anything I shouldnt and in turn want to include things that a relevant so that I dont sound clueless( :-cow )
I presume by admitting there is no agreement then sharing my data they have broken data protection and oft guidelines by chasing an unenforceable debt. I just need some pointers as to what needs to go in the letter, I imagine a copy should go to all parties.
I have seen a template but that was for a CCA request not SAR. This was more a bonus where I was trying to reduce my balance by reclaiming some charges and they obliged by admitting there was no documentation. ;-y

Cheers mate

It was 2008 hence why I was very unsure, as it seems a bit of a grey area post 2007 or whenever the rules changes. It is defaulted.

That's fine they still need to be able to prove that you had agreed to the terms, in any case they should have sent a recon - the fact they never makes it more interesting...

I'd just ignore them and refuse to pay, well i'm saying that is what i'd do - not saying it is best for everyone.... but worth noting. ;Hmm

Hiya nice to see you and welcome!

Ok is this HSBC you're talking about? When dud u take the account out and what type of account was it? Also have u defaulted or is it up to date? Are you in debt/defaulted elsewhere?

Reason i ask, they confirmed no a/c paperwork meaning it's unenforceable - 100% and their letter is proof lol. A recon is useless cos they said they ain't got it meaning they can never prove you agreed to any of their terms.

Post back details and also tell me what you're wanting from this and I'll advise better suited matey.

Cheers.

[Never-In-Doubt]

Re: Help with Unenforceability

Hi Nid, hope your good. Regarding the quote below, sorry its a bit of a mess.
Basically Ulster have now forwarded the account to Triton and in turn Green and Co solicitors who say they are recommending there clients take me to court.
Ive been a bit slack with this and pretty much ignored it but would like to let them know where I stand.
In simple terms its an account opened 2008, I SAR'd them for charges to which they replied they had no agreement, proof I agreed to anything or account opening information.
You said this would be unenforceable despite the age of the debt.

Is there anything I can send them to let them know my position?, I am completely unable to consider repaying this?, I realise there is no template but I dont wanna go saying anything I shouldnt and in turn want to include things that a relevant so that I dont sound clueless( :-cow )
I presume by admitting there is no agreement then sharing my data they have broken data protection and oft guidelines by chasing an unenforceable debt. I just need some pointers as to what needs to go in the letter, I imagine a copy should go to all parties.
I have seen a template but that was for a CCA request not SAR. This was more a bonus where I was trying to reduce my balance by reclaiming some charges and they obliged by admitting there was no documentation. ;-y

Cheers mate

Hi matey - okies, send this template to Green & Co solicitors with a copy to Triton: ---> viewtopic.php?p=20195#p20195

This template is brand new, designed after the recent OFT Guidance was issued last week so not many lenders have seen this template before!

Best of luck, keep us updated and time to stop ignoring it - you need to now fight them away ;-y

[BigCraigJohn]

Re: Help with Unenforceability

Cheers mate.
So it doesnt matter that I have never actually done a CCA request only a SAR? or is that irrelevant?, guess if they cant produce in a SAR theres no way they can produce in CCA.

[Never-In-Doubt]

Re: Help with Unenforceability

Cheers mate.
So it doesnt matter that I have never actually done a CCA request only a SAR? or is that irrelevant?, guess if they cant produce in a SAR theres no way they can produce in CCA.

Hmmm, I thought you'd sent a CCA off to be honest! So instead, send the CCA Request (plus £1) to Green & Co: ---> viewtopic.php?p=603#p603

That will stop them in their tracks..... Come back to me if you have an update. Cheers

[BigCraigJohn]

Re: Help with Unenforceability

Cheers mate.
So it doesnt matter that I have never actually done a CCA request only a SAR? or is that irrelevant?, guess if they cant produce in a SAR theres no way they can produce in CCA.

Hmmm, I thought you'd sent a CCA off to be honest! So instead, send the CCA Request (plus £1) to Green & Co: ---> viewtopic.php?p=603#p603

That will stop them in their tracks..... Come back to me if you have an update. Cheers

Hi nid. Update to this post 07 agreement. If you remember they admitted to having no docs in a sar, so I did a cca as you said, I literally sent an account in dispute letter yesterday to triton and green and co then today I received a wellcome letter from nco. I think they may actually own it. Should I cca them as well or is there a sold while in default off cca request letter or something?

As for the 1 you helped me with in feb, nothing from cap in months

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

wait for them to reply to your latter of yesterday first - so sit tight for a week....

[BigCraigJohn]

Re: Help with Unenforceability

As for the 1 you helped me with in feb, nothing from cap in months

Well I spoke too soon.
Letter from cap 1 today, read along the lines of.
Account no
Balance
"your account is back with us and no longer managed by debt collection agency"
"you can pay by the following methods"

Signed Capone.


This too me looks like they've given up, or at least for now. It's extremely gently worded, no mention of enforcement, infact I'm surprised they havnt apologised anywhere.

[Never-In-Doubt]

BigCraigJohn UE problems

As for the 1 you helped me with in feb, nothing from cap in months

This too me looks like they've given up, or at least for now. It's extremely gently worded, no mention of enforcement, infact I'm surprised they havnt apologised anywhere.

;;L

Just ignore them. Keep us updated yea?

[BigCraigJohn]

Re: Help with Unenforceability

Hiya

wait for them to reply to your latter of yesterday first - so sit tight for a week....

Hi NID, bit of progress, infact im not sure if you want to move my posts from here into its own thread.
If you remember post 2007 agreement, sent SAR for charges ages back and they admitted to having no account opening docs, sent CCA. Account went To Triton, RMA etc, account into dispute for non compliance. Then today I have received there response to the CCA. Confusing

They do say in terms of CCA a copy documents regs, the true copy can be satisfied by providing a copy agreement at the date the card agreement was made. They have then sent me 3 agreements :what


Agreement 1 is headed UB Card, has my name and address then what looks like the correct terms although its doesnt say agreement between, only mentions them as a return address in your right to cancel. Nowhere to sign.

Agreement 2 is 15 pages which looks like a generic application but is headed correctly as credit agreement......... with no name but the same figures as in the above page. However the silly thing is it says "Complete all questions in Block capitals using black ink", this would of been flaming hard considering I applied from behind a keyboard and the only date anywhere on any of the paperwork is 1st jan 1998?????, I was 17 LOL. I dont think they even know how or when I opened the damn account.

No sign of any tick boxes or anything so I think.

They both say "A copy of your agreement for you to keep" so are post agreement copies.

Agreement 3 is current and looks unsurprisingly fine.


Any ideas?, gut instinct tells me they dont have a clue how or when I agreed any terms. Surely 2 1/2 years old, if they have it they would just send, after all there is no signature on it.
Balance is £1900 and must be 4 or 5 months overdue.

Oh yeah they do also inform me my account has not been sold.

Any ideas, views etc?

[Never-In-Doubt]

Re: Help with Unenforceability

im not sure if you want to move my posts from here into its own thread.

Done

[Never-In-Doubt]

Re: Help with Unenforceability

Any ideas?, gut instinct tells me they dont have a clue how or when I agreed any terms. Surely 2 1/2 years old, if they have it they would just send, after all there is no signature on it.
Balance is £1900 and must be 4 or 5 months overdue.

Oh yeah they do also inform me my account has not been sold.

Any ideas, views etc?

Hiya

I'd just ignore it for the moment and see what happens......

[BigCraigJohn]

Re: BigCraigJohn UE problems

Slight progress.
Didnt hear anything for ages then had a letter from RMA about a month back saying they have spoken to there client and have been informed that they have provided CCA etc and RMA say they will continue with collection.
I had sent a letter of complaint to RMA and Ulster regarding the phonecalls to my mums house etc and theyve stopped ringing her, I also put my new address in the letter to ulster so they have no excuse for sneaking court claims(although its my mums anyway), they dont have my new number and have not sent any more threatograms since the letter saying they will commence collection.
I'm thinking I just sit back now and see what happens unless you think I should do anything.

[BigCraigJohn]

Re: BigCraigJohn UE problems

Right I really need to shut up.
This morning received a letter from Westcot, was addressed to me but it says they are looking for the above person and its very important to ring them and help. I think this is probably to do with this as I gather they do deal with RBS and crew.
I have informed the original creditor of my new address in writing.
On 1 side im thinking ignore as they know where I live but in the other im thinking confirm so I can do the whole sold in dispute round again.

Any idea Nid?

[Never-In-Doubt]

Re: BigCraigJohn UE problems

Just ignore both the above mate. Don't send anything...

[BigCraigJohn]

Re: BigCraigJohn UE problems

Right back to the Ulster debt. First contact since the start of April this time Allied credit.
This will make you laugh, they forgot to put any postage on the envelope so there was a £1 charge but the dopey postman put it through the door then knocked asking for the money, gave it him the letter back as had no change but he came back later saying forget about it, he was only a temp and couldnt be bothered with taking it back to the depot.

Basically its a 1 side card headed "Warning", then details of the card, "Our client has informed us that under their terms and conditions, as Formal Demand has been made, payment of the full outstanding balance must be made immediately".

Its a really odd looking thing, I presume its just time for another sold in dispute letter and see what happens.
Seems they have taken note of the phone request.

What are these like btw?, pretty laughable start forgetting the stamp so im going to find it hard to take them serious now.