Snudgerchops UE Diary.

[snudgerchops]

Hi All,

I'm hoping that today 03/03/12 is going to be the start of happier times for me as I begin my UE journey in ernest.

If you want some background on my situation please click the link below.

http://forums.all-about-debt.co.uk/s...ead.php?t=4998

Thanks to everyone involved with the site I'm so glad I found my way here.

Snudgerchops.

Key (Thank's to Pixie):

SENT = BLUE
RECEIVED = RED
OTHER INFO = GREEN

[snudgerchops]

Re: Snudgerchops UE Diary.

MBNA CREDIT CARD/EXPERTO CREDITE


Balance: £4300
Default Date: 12/2009
Account Opened: 02/2003

CCA request sent by recorded delivery to Experto Credite. 03/03/2012.
Letter from Experto Credite, dated 5th March 2012, received 7th March. They have requested the information from MBNA. Full details of the letter can be seen by clicking the link in my first post above.

26/04/12 - Letter received from 'Aktiv Kapital', dated 118/04/12. They have bought the debt from Experto.
27/04/12 - Sent in response to above. http://www.all-about-debt.co.uk/templates/unenforceability/s3-t4.php

Letter from Experto Credite: Supplied documentation as requested.
10/05/11 Emailed Niddy and he says
12/05/12 - SENT - Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
18/05/12 - Experto Credite - Resolve this balance, statement of account also included.

20/06/12 - Experto Credite - Failed to resolve matter. Through credit reference agency we cab see improvement in financial circumstances. Account is registered at CRA where a record of the amount is shown at your address.

09/07/12 - Aktiv Kapital - Purchased outstanding balance with Varde. Contact us arrange payment.

27/07/12 - Settlement Offer - Not received any communication from you. Call us.

26/09/12 - Claim to have sent the original credit agreement - the same documents Experto sent and which Niddy deemed unenforcible.

29/09/12 - Sent this in reply to above. Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

10/10/12 Letter from Aktiv Kapital demanding response.

[COLOR="Blue"]---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)
13/10/12 Niddy advised to send the above. [/COLOR

17/10/12 - Letter from Aktiv. Account on hold until they try and find the documentation from the original creditor.

12/02/13 - Letter from Clark & Wells "Formal Demand" instructed by Aktiv Kapital - threat of legal proceedings.

[snudgerchops]

Re: Snudgerchops UE Diary.

EGG LOAN/ARROW GLOBAL


Balance: £7500
Default Date: 08/2009
Account Opened: 04/2006

CCA request sent by recorded delivery to Arrow Global. 03/03/2012.
Letter of response with Postal order returned. Dated, 15/03/2012.
Niddy advised to send this 16/03/2012. http://www.all-about-debt.co.uk/temp...lity/s2-t5.php
Following sent by recorded delivery 19/03/2012. http://www.all-about-debt.co.uk/temp...lity/s2-t5.php
04/042012. Received letter in response to above.
17/04/2012. Telephone call from RMA Resolve. Ignored.
23/04/12. Letter from RMA Resolve. Received 10 days after the date on their letter.
24/04/2012. 2nd letter from RMA Resolve. Received 7 days after the date on their letter.
16/03/12. Received a "recon" against an online agreement for one which was completed over the phone.
Niddy advised to send this. Our Templates | Unenforceability Templates | CCA Query - Forged Document Received
31/10/12. Letter from Solicitors acting on behalf of Britannica Recoveries.
03/11/12. Sent this. Account Sold whilst in Dispute
09/01/15. Received citation/writ/warrant from sheriff court on behalf of Britannica Recoveries S.A.R.L - Arrow.

[snudgerchops]

Re: Snudgerchops UE Diary.

Barclaycard CC


Balance: £8700
Default: Not Defaulted - AP marker on credit file.
Account Opened: 01/2004.

CCA request sent by recorded delivery. 03/03/2012.
Received response to CCA request. Letter dated 22nd March. (This date is outwith the 12+2).

21st May received letter from Mercers - Default notice.
21/05/12 - Mercers. DEFAULT NOTICE SERVED UNDER SECTION 87 (1) OF THE CONSUMER CREDIT ACT 1974.

22/06/12 - Mercers. Immediate action needed. A DEBT COLLECTOR MAY CALL AT YOUR HOME TO OBTAIN FULL REPAYMENT.

19/07/12 - Mercers. Written letters to you, you have not responded. Passing debt to Calder Financial, a representative may call at your address.

31/07/12 - Resolvecall. Barclaycard Account. Acting on behalf of Mercers. Should you fail to contact Mercers may lead to personal visit to your home and we may commence legal action.

06/08/12 sent Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation

9/08/12 - Letter from Resolvecall, account returned to Barclaycard.

31/01/14 - Barclaycard Inaccurate reporting to credit agencies & Formal Demand for payment.

[snudgerchops]

Re: Snudgerchops UE Diary.

Received this from Experto Credite today.

Letter was dated 5th March 2012.

Dear Snudgerchops

We write further to your letter dated 03/03/2012 and you request for documents under section 78 of the Consumer Credit Act 1974. We are in the process of liaising with MBNA for these documents and will make evry effort to provide these within a reasonable time frame.

Whilst we are aware of your statutory right to request documentation under the Act, please be aware that the purpose of Section 78, is to ensure you have been informed of your rights and not to provide that an agreement exists.

Should we not provide the documentation within 12 working days, we understand we will enter into a period of non-compliance. During the period of non-compliance, this agreement will be deemed as being unenforcible until such a time as the period non-compliance is remedied.

The case law in the matter of McGuffick -v- Royal Bank Of Scotland Plc (available on-line) adds clarity to the term "enforcement" (paragraph 74 to 85), under the heading " The Meaning of Enforcement". In any event, should it transpire that the agreement is unenforcible, we will of course notify you of this.

The Office of Fair Trading has produced an informative guidance for consumers within their Guidance on Sections 77/78/79 of the Consumer Credit Act 1974. We enclose a copy of this guidance for your attention. If you are unsure of what to do next, we urge you to seek advice from a non-fee charging organisation detailed at the back of the guide.

You will see that requesting payment from a customer during a period of non-compliance or unenforcibility is not deemed to be "enforcement". There remains a contractual liability for the customer to maintain payments, which will have a positive effect on you credit file.

We want to work with you to progress this matter constructively and look forward to hearing from you in due course.

Yours Sincerely

Please note:

They did not enclose the "guidance"

The letter was not signed.

I have updated my diary.

Any thoughts? Just standard?

Thanks

Snudgerchops.

[MrsD]

Re: Snudgerchops UE Diary.

think I've got about 30 different versions of that, just ignore until they actually produce something....................

[swanfan]

Re: Snudgerchops UE Diary.

There remains a contractual liability for the customer to maintain payments, which will have a positive effect on you credit file.

Not when they've already defaulted you, muppets!

[snudgerchops]

Re: Snudgerchops UE Diary.

Received this today from Arrow Global. Not looking good.

Dear xxxx

Debt Owed to Britannica Recoveries

Arrow Global Receivables Management Limited is acting as agent for Britannica Recoveries - Arrow.

In response to a request for copy documents under Section 77 of the Consumer Credit Act 1974, we enclose:

1. A copy of the agreement;
2. A copy of the terms & conditions;

We confirm:

A. The total sum outstanding £xxxx
B. The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you;

We return your £1.00 cheque.

This account is currently being operated on our behalf by NCO. We deal with this document request only and all other enquiries should be directed to them.

I am now more confused than ever, this letter as far as I can see related to three different organisations?????

The oriiginal Egg Loan was from APRIL 2006 - They have supplied an agreement which contains two tick boxes instead of a signature. This is odd as I applied for this loan over the telephone....

Any ideas?

Any advice appreciated.

[Never-In-Doubt]

Re: Snudgerchops UE Diary.

Ahh so they've done a recon against an online agreement for one you completed over the phone? tsk - naughty naughty......

Who sent the CCA to you?

[snudgerchops]

Re: Snudgerchops UE Diary.

Ahh so they've done a recon against an online agreement for one you completed over the phone? tsk - naughty naughty......

Who sent the CCA to you?

Hi Niddy,

Arrow Global was on the letterhead.

Thanks

[Never-In-Doubt]

Re: Snudgerchops UE Diary.

You ought to send this back to Arrow ---> Our Templates | Unenforceability Templates | CCA Query - Forged Document Received

You will edit the bullets at the top to read similar to this;

1. The account was applied for over the phone, there was never any agreement
2. This agreement alludes to an online agreement and has provision for The Consumer Credit Act 1974 (Electronic Communications) Order 2004, something a telephone application does not

You'll be referring to this here: ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

in particular s.4(1) ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

[snudgerchops]

Re: Snudgerchops UE Diary.

You ought to send this back to NCO ---> Our Templates | Unenforceability Templates | CCA Query - Forged Document Received

You will edit the bullets at the top to read similar to this;

1. The account was applied for over the phone, there was never any agreement
2. This agreement alludes to an online agreement and has provision for The Consumer Credit Act 1974 (Electronic Communications) Order 2004, something a telephone application does not

You'll be referring to this here: ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

in particular s.4(1) ---> The Consumer Credit Act 1974 (Electronic Communications) Order 2004

Brilliant Niddy - Thank's.

Just one more question - I've never heard of "NCO", I don't ever remember receiving any correspondence from them.

Would anyone know where to contact them or who they are?

Thank's in advance.

[Never-In-Doubt]

Re: Snudgerchops UE Diary.

Brilliant Niddy - Thank's.

Just one more question - I've never heard of "NCO", I don't ever remember receiving any correspondence from them.

Would anyone know where to contact them or who they are?

Thank's in advance.

sorry send to arrow

My bad

[snudgerchops]

Re: Snudgerchops UE Diary.

sorry send to arrow

My bad

Phew - Thank's again....

[snudgerchops]

Re: Snudgerchops UE Diary.

Barclaycard CC


Balance: £8700
Default: Not Defaulted - AP marker on credit file.
Account Opened: 01/2004.

CCA request sent by recorded delivery. 03/03/2012.
Received response to CCA request. Letter dated 22nd March. (This date is outwith the 12+2).

Does it matter that the letter was dated the 22nd? As far as I can see this is one day longer??

Thoughts on the letter itself?

Details of letter below.

Dear XXXX

Account NumBer: XXX XXXX XXXXX

Reference: Section 78 of the Consumer Credit Act 1974.

We acknowledge receipt of your request for information under section 78 of the Consumer Credit Act 1974 dated 03/03/2012.

We are dealing with your request and will respond as soon as possible.



Thanks in adavance.