mr affable's UE diary

[mr affable]

Re: mr affable's UE diary

CCA received from Northern Rock. Emailed copy to Niddy for his thoughts.

[malamute]

Re: lump sum offer or bankruptcy?

BTW like many other users on here, I was seriously considering bankruptcy and trying to raise the fees when I came across Niddy and UE. I haven't looked back since!

Ditto for me too - and I owed a lot more. Looks like its all going the right way for you

[mr affable]

Re: mr affable's UE diary

I finally stopped paying my nominal payments of £1 and have now had a letter from Capital One saying that if I do not make the payment they may pass my account to a debt collection agency or sell it to a debt purchaser.

Niddy has already said the debt to them is unenforceable so presumably I just ignore the letter?

[mr affable]

Re: mr affable's UE diary

No - what I mean is they wont take me to court as they know they cannot enforce the agreement so i dont need to do anything either.

[mr affable]

Re: mr affable's UE diary

It was a response to my unenforceable letter i sent as per post #96.

Looks like a fairly standard letter from them saying they think they have complied with their obligations etc and they have nothing further to add. They say that the onus is on me to demonstrate that they have failed under their obligations.

As far as I can see the onus is on them to take me to court if they want to get any money back - as I have stopped paying anything (was only making nominal £1 payments anyway)

[mr affable]

Re: mr affable's UE diary

Another reply received from Waitrose - emailed to Niddy for his comments

[swanfan]

Re: mr affable's UE diary

Yes, but my question is, what if they were to issue papers AND come up with a kosher CCA at that point? You couldn't use their refusal to provide it earlier on your defence, could you? That would give them the upper hand, leaving you without legal recourse. Of course I may be wrong, I hope I am!

Hmmm. We're not sure who you are but we're gonna take you take to court for this anyway?

[swanfan]

Re: mr affable's UE diary

This seems now standard behaviour by Mint, which raises a few questions:

1. Have you guys tried hand signing with a different signature to your usual one?
2. Surely, if they refuse to respond to a CCA request despite your repeated attempts they are in default and can't enforce in court. The only problem here could be if they issued papers and came up with an enforceable agreement at that point. So far I haven't heard any stories like that but it would be possible, wouldn't it?

But they're questioning your identity by refusing to comply with the CCA request. As they've already been sending letters/statements to that address before, they would've to come up with an explanation as to why they are only raising the question of identity at this point.

[stuffthebanks]

Re: mr affable's UE diary

Now received a tick box reply from Mint (to my Final Response letter) saying they cant do anything as they havent received the required £1 fee! They returned my £1 postal twice before.

What (if anything) do I do now - just ignore it?

I have sent all paperwork oFf to FOS..All the details of how they have obstructed my efforts to obtain my CCA without a signature...
Will post up outcome when i receive it.....

[Deepie]

Re: mr affable's UE diary

Thanks Flowerpower

The letter you suggested is the one I sent to them and they responded as mentioned in my last post. Presumably I dont need to send it again?

Leave them to it......Lets see what they send next

[mr affable]

Re: mr affable's UE diary

Thanks Flowerpower

The letter you suggested is the one I sent to them and they responded as mentioned in my last post. Presumably I dont need to send it again?

[mr affable]

Re: mr affable's UE diary

Now received a tick box reply from Mint (to my Final Response letter) saying they cant do anything as they havent received the required £1 fee! They returned my £1 postal twice before.

What (if anything) do I do now - just ignore it?

[mr affable]

Re: mr affable's UE diary

I have stopped making any payments to anyone except Halifax (which is enforceable) are you meaning that I should stop paying Halifax as well (even though I have just written to them saying I will continue to pay my nominal £1)?

Also as an aside I am soon due to be moving to another rented property - presumably i do need to keep my creditors updated with my new address? I mean this wont affect my SB time clock?

[Never-In-Doubt]

Re: mr affable's UE diary

Pixie thanks for clarifying.

Mr A, basically as pixie says that was before we knew anything but to be honest you'll do no harm ceasing payments especially if they now want new I&E. If they get heavy we'll then guide you back along the right path without I&E forms.

[Pixie]

Re: mr affable's UE diary

Oops - I did.

I'll change my post now