What to do when your account is Assigned?

[mk_chatham]

Re: bobogosing's UE diary

Hi PlanB

Just found this on Oscar's thread from the boss about this

NO!

You have the letter saying no cca right? So if you ever get hassle you simply copy it and send with one of these: ---> Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA

That's it!

Guess that confirms what I said above, sorry about any confusion

[PlanB]

Re: bobogosing's UE diary

Hi PlanB

I have tried to find your diary to read about this but can't find it I did not know you had a letter from MBNA stating this .

Anyway, if you have a letter stating that MBNA do not have the original agreement then you can send "Letter Previously Confirming No CCA" along with a copy of the original letter from MBNA instead of - Account sold in dispute.

I had a similar letter from Marbles confirming that they did not have the original CCA. When it was assigned to Crapquest I sent a copy of the original letter plus the template above.

Crapquest investigated, confirmed the account was UE, apologised and closed the account. The account and default has now gone from my CRA reports, where to I don't know

MK

Wow that's all good news for you MK

You won't find my UE diary because I didn't start one. I have 23 creditors and that is enough to drive Niddy and the mods crazy so I've been going it alone following the template letters and generally stalking Paul with his posts here there and everywhere. Actually it's been quite empowering to DIY it I'm coming up to my first birthday of UE so maybe I'll start a thread then but I'm a bit embarrassed at the magnitude of my debts and (believe it or not) I'm a really rather shy person so may remain under the radar for now

[Never-In-Doubt]

Re: clueless24 UE Diary

Fraid I have to disagree with some of the above both from direct experience and the discussion that Paul has had on here concerning contact. I knwo what i would do.

regards
Garlok

Mate, if you read the comments from Pauls thread you'll see, not all is as simple as it first appears. I see Pauls argument, but also have stats from here and to be honest, if an account is already UE after having received the CCA then you do not under any circumstances reapply for it, as we all know they may be able to then come back with a proper recon thus changing an UE debt into an enforceable debt.

Imagine it, they send you a dodgy CCA, they then assign the debt and the new owner tries to take you to court but in the meantime they have fudged a recon, different in many ways to one you previously received.

Case won.

The reverse, you do a CCA and they respond with a recon. They assign the debt and you then do another CCA, they can either decline it (if you have already had one in the last year regardless whether they were the owner at the time or not) or they will supply a new recon that is correct. They then take action, you lose - why? Cos they had a "good" agreement to take with them to court. Oh, but you still have the previous dodgy copy - so what, they have remedied that breach with the new copy.

Obviously opinion varies on this but I am going to be cocky and say we've survived just fine for almost 4 years now (including MSE time) and thus I am confident the system I try and employ here does indeed work.

Paul, as a solicitor has to say what he does for more than one reason. However you have to remember an UE agreement means it cannot be enforced, so why send another CCA? Totally fruitless, you're actually giving them a chance to remedy a past error.

My views.

[Never-In-Doubt]

Re: What to do when your account is Assigned?

I have split all the posts from diaries and merged them into this thread to keep all the questions and discussions in one place.

Please lets keep this discussion, here, and off the individual diaries.

:niddy

[Paul.]

Re: What to do when your account is Assigned?

BTW,

Fribourg whos case we battered HFO on, had written lots of letters, infact each time TR wrote to him he wrote back. Made them look foolish when they said " we sent a default notice and he never replied" as we said erm heres the first letter, second letter third letter and your client never replied not ours.

[Never-In-Doubt]

Re: What to do when your account is Assigned?

Erm didn't I refer him to you?

I know he had Lots of proof/letters

[Never-In-Doubt]

Re: What to do when your account is Assigned?

Can I just reiterate nowhere have I ever said to go sustained periods ignoring your creditor. But what I am saying, and I know I am 100% right is that if you have had an UE agreement sent back you never ever request another cos that's your get out of court card! They cannot enforce on the back of a dodgy recon.

Remember that!

Yes, by all means if your creditor is bugging you with mail send a reply but until they acknowledge and respond to YOUR original reply they are at fault. Why should you reply to all letters whilst they ignore you?

You shouldn't!!

[garlok]

Re: What to do when your account is Assigned?

I no longer see the point of the argument to be honest. Whatever I say will be put down. So I withdraw. I know what brought our little success recently and I know what case law it hinged on and I know what actually happened with our F & F.

This is to my mind one of those exercises where an OP is going to have to use their intelligence and weigh up the exact circumstances of their own case as to which way they will fall.

If you take professional legal advice at its most basic from anyone any good you will be told it is always useful to have your letter at the top of the chronological pile when the judge opens the folder. Unless of course you have closed the matter down and you have a letter from the creditor stating that the account has been closed etc etc.

End of.

regards
Garlok

[Fribourg]

Re: What to do when your account is Assigned?

Erm didn't I refer him to you?

I know he had Lots of proof/letters

BTW the barrister Paul got me was much better than Parry Mason really, the guy is really really good, he makes look the oposition much in trouble

[Never-In-Doubt]

Re: What to do when your account is Assigned?

Garlok

It's a forum mate. We ain't arguing (are we?).

We need to get a happy medium but that's the problem it isn't that simple as each case has its own story, history and problems.

I can't see how you're saying half of this when you know full well you shouldn't re-request an already ue cca...?

Don't look at this as an argument, it's a debate

[Never-In-Doubt]

Re: What to do when your account is Assigned?

BTW the barrister Paul got me was much better than Parry Mason really, the guy is really really good, he makes look the oposition much in trouble

I may need to use him myself

Well done on the win. Great result

[Never-In-Doubt]

Re: What to do when your account is Assigned?

Anyway I thought I said we'd add a general acknowledgement response to the templates.

I'll do it tomorrow and we can use that as a generalised "thanks but no thanks".... In fact I'll add a whole section with different examples / templates.

Then the option is down to the user

[PlanB]

Re: What to do when your account is Assigned?

[QUOTE=garlok;148730] If you take professional legal advice at its most basic from anyone any good you will be told it is always useful to have your letter at the top of the chronological pile when the judge opens the folder. /QUOTE]

What an excellent tip Garlok

Of course I speak as a woman who loves to have the last word in any argument

[PlanB]

Re: clueless24 UE Diary

if an account is already UE after having received the CCA then you do not under any circumstances reapply for it, as we all know they may be able to then come back with a proper recon thus changing an UE debt into an enforceable debt.

My views.

^^^^ That's just common sense. I've spent a year of my life on this site being told that once you have made a s.78 request that is that. Until the creditor delivers the goods they're in default of the CCA 1974 I wouldn't dream of sending a second request, why would I ? I certainly don't want to give them a second chance if I don't have to

If the OC can't find anything or sends a rubbish UE agreement it's Happy Days as far as I'm concerned and I'll keep on rubbing their nose in it by sending repetetive template letters

When the account is assigned (absolute) to another company the whole kit and caboodle travels with the sale and that includes any outstanding s78 request. It becomes the next persons headache as far as I'm concerned.

I accept the new debt purchaser is not psychic so it's my duty to make them aware of the dispute. I send each newcomer the Account Sold in Dispute template plus a photocopy of my original s.78 request together with the Royal Mail Track & Trace print-out and the postal order, so they know I'm not having a laugh. Since they have stepped into the shoes of the OC it becomes their problem to check it out It works for me.

If I've been sent crap for a CCA the same principle kicks in. The new owner needs to be told this so off goes a different Template Letter. Sorted.

If I've got that all wrong will somebody shoot me please

[PlanB]

Re: What to do when your account is Assigned?

Obviously if I've been sent a letter by the OC admitting that they haven't got a CCA, they've lost it or destroyed it, and they know they can't enforce it ever, and promise they'll never to take me to court, then I run all the way to the post office to tell the new "owner" my good news No point in delaying that bit of fun is there