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**CharlieH** · 23 April 2012, 17:18

Re: What's the worst thing that can happen! UE diary

Account two
Barclaycard - originally Goldfish

Type: Credit card

Start: 1999

Balance: £1200

Last 'full' payment: April 2012

Arrangement: Will no longer be making minimum payments

Status: Will default in May

Account owner: Lender

Key: Sent Received Updates

2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Barclaycard Goldfish binder.
24.04 CCA request sent to Barclaycard Goldfish, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
12.05 Letter received from Barclaycard, dated 09.05.12, acknowledging receipt of my Section 78 request. They will respond as soon as possible.
17.05 Two letters today regarding this. One from the left hand, and one from the right hand! The first is the standard print out of the current T&C's. The second is more interesting. This states they are 'currently unable to provide a copy of the CCA' and are 'therefore prevented from enforcing our agreement' and then 'with immediate effect, we have suspended your Barclaycard' this is a 'temporary measure which will be kept under review'. They 'can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable.'
The case of McGuffick v The Royal Bank of Scotland [2009] EWHC 2386 is mentioned in terms of "enforcement" and also Carey v HSBC [2009] EWHC 3417QB regarding 'an unfair relationship cannot be said to have arisen between the fact that we have not currently complied with section 78 of the Act.'
December
17.12 Letter sent from Barclycard stating that the account has been passed to Credit Solutions to manage the collection. I have sent them the Account sold whilst in dispute letter.

**CharlieH** · 23 April 2012, 17:20

Re: What's the worst thing that can happen! UE diary

Account three
Barclaycard

Type: Credit card

Start: 1995

Balance: £9400

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Mercers Debt Collections

Key: Sent Received Updates

2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Barclaycard binder.
24.04 CCA request sent to Barclaycard, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
09.04 Letter received reference to Section 78 of the Consumer Credit Act 1974. States that due to circumstances beyond their control they no longer hold a copy of the executed agreement. Regulation 9 of the CNC Regulations confirms that, in these circumstances, for accounts opened before 19 May 1985 (such as mine) the copy agreement they provide may comprise an easily legible statement of the current terms of the agreement, and this will be sent shortly...
10.05 Letter received from Barclaycard with a couple of A4 print outs showing point 1 through to 28 of the terms and conditions of an agreement between us (Barclays) and me. This shows the 'easily legible current terms' they mentioned above on 09.04 regarding regulation 9 of the CNC regulations?
09.06 Letter received from Barclaycard, after stating that they do not have my CCA and they only need to supply an easily legible statement etc. as my account was opened before 19 May 1985 (Regulation 9 of the CNC Regulations, apparently?) the letter says 'We can confirm that we will not contact you by telephone or letter for non urgent reasons; however, should you fall into arrears we will contact by any means etc, etc, etc. This may include telephone calls, correspondence or a representative calling at your home address.

**CharlieH** · 23 April 2012, 17:22

Re: What's the worst thing that can happen! UE diary

Account four
MBNA

Type: Credit card

Start: 1998

Balance: £4100

Last 'full' payment: January 2012

Arrangement: No longer making minimum payments

Status: In arrears

Account owner: Link Financial Outsourcing

Key: Sent Received Updates

2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a MBNA binder.
24.04 CCA request sent to MBNA, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
May
08.05 Letter received from Link Financial Outsourcing Limited stating that on 27.04.12 MBNA assigned them the debt, and again on 27.04.12 they assigned the benefit of the debt to IDR Finance UK Limited. Do I therefore send the 'Account sold whilst in dispute' letter to IDR Finance?
09.05 Telephone call from IDR/Link. I have asked them to contact me by letter only. But they informed me that they are a 'telephone based company'. How unfortunate for them. I did tell them that they had been sold the debt whilst in dispute...
14.05 Second letter received from Link/IDR repeating their letter of 08.05 stating that on 27.04.12 MBNA assigned them the debt. Contact us to pay etc...
17.05 'Account in dispute' letter sent.
24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfills their obligations under Section 77 or 78 of the Consumer Credit Act 2006. There is also a print out of all their current T&C's, together with a second copy of the CCA. I will email these straight away to Niddy.
27.05 CCA deemed unenforceable by Niddy
28.05 Missing Prescribed Terms letter sent to Link after Niddy declared the CCA 'unenforceable.'
30.05 Letter recieved from IDR/Link, stating the same content as per their letter dated 08.05. I will ignore, and presume it's just the level of their incompetence that I will have to get use to. I will await their correct response - if any - to my Missing Prescribed Terms letter sent on 28.05
June
12.06 Letter received from Link, further to my request made under s78. They enclose a copy of the executed CCA, a copy of the Terms and Conditions, and a copy of the Terms and Conditions at termination/assignment; and a statement regarding account conduct. The final statement has no date, states the balance of £4100ish, states the account has been terminated and additional sums and court costs etc.
25.06 Final response - unenforceable CCA received letter sent
28.06 Two letters received today. Both dated 25.06, so neither are in reply to my letter of 25.06 regarding unenforceable CCA. One is from IDR and is their standard letter of 'you owe us, call us etc.' and the second is from Link, a sheet showing all my transactions to them from 2008 onwards. This according to them is 'as requested we enclose copy statements that show transactions on your account.'
July
06.08 Telephone call from Link, told them to put everything in writing and to not telephone.
January
18.01 Letter received from IDR Finance UK. They write in relation to the above account and 'note from review of our file that you refuse to enter into dialogue concerning your outstanding liability and continue in your efforts to evade the same via spurious correspondence averring that our response to your previous S78 Consumer Credit Act 1974 request to be insufficient.

The appropriate forum to determine whether our response is compliant and/or whether you are available to evade repayment is the County Court and we therefore place you on notice that unless we are in receipt of reasonable and realistic proposals for dicharge of the outstanding £4063.72 within 14 days, proceedings wull be raised without further reference to you.

To that extant, you may consider this correspondence a Formal Letter Before Action and we would invite you to take professional advice as to your stance, prior to exposing yourself to the costs risks of litigation.'

**MrsD** · 23 April 2012, 17:23

Re: What's the worst thing that can happen! UE diary

well done, so sit back and wait and see what kind of avalanche of rubbish arrives through the letterbox.
Come back to us when (if) you get replies and don't worry

**CharlieH** · 23 April 2012, 17:30

Re: What's the worst thing that can happen! UE diary

Enough is enough!

Having carried this around my neck for far too long, and having looked around this forum today, I have decided join you all in acting against this collection of companies.

Having gone down the minimum payment route, then arrears, then rob Peter to pay Paul etc, I have decided to get my life back on track!

My story is similar to others: high flying and easy credit, through to traumatic divorce, death, depression and lost business.

I do wonder how much I have paid over the years in interest alone to these companies?

When you pull yourself through after deciding which train line you'd throw yourself under, this should be quite enjoyable.

Let the game commence!!! lol

IF · 23 April 2012, 17:34

Re: What's the worst thing that can happen! UE diary

I'm glad you've joined us Charlie and best wishes on your UE journey

IF...x

**Pixie** · 24 April 2012, 08:25

Re: What's the worst thing that can happen! UE diary

hi Charlie - sounds like you're definitely going to fit in here

**Never-In-Doubt** · 24 April 2012, 08:57

Re: What's the worst thing that can happen! UE diary

Hi & welcome Charlie.

Ok most the debts above are likely to be UE based on the start date but for now let's await a cca.

Keep up updated and good luck

**CharlieH** · 2 May 2012, 10:22

Re: What's the worst thing that can happen! UE diary

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates

2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...

**Deepie** · 2 May 2012, 10:28

Re: What's the worst thing that can happen! UE diary

Originally posted by CharlieH View Post

Account one
Capital One

Type: Credit card

Start: 2002

Balance: £2700

Last 'full' payment: April 2012

Arrangement: £20.00 per month from July 2011

Status: Will default in May

Account owner: CapQuest Debt Recovery

Key: Sent Received Updates

2012
April
23.04 CCA request template downloaded, letter wrote and copy letter placed in a Capital One binder.
24.04 CCA request sent to Capital One, by Royal Mail recorded delivery and with an unsigned postal order for £1.00.
02.05 Letter received stating 'the signature on your letter does not match what we have on our records' (no s*** Sherlock, as it was a typeface!!) and they require a 'copy of a document showing my current signature, drivers licence or passport.' They have kept the £1.00 postal order...

Send them this back------> CCA Request - Demand of Signature by Creditor with a copy of your cca request

**CharlieH** · 2 May 2012, 10:32

Re: What's the worst thing that can happen! UE diary

Thanks for your quick reply, I'll do it straight away!

**Never-In-Doubt** · 2 May 2012, 10:33

Re: What's the worst thing that can happen! UE diary

Haha. Welcome to the dca merry-go-round.

You'll find a lot of em take the peech and demand a siggy (incorrectly)!

**alland** · 2 May 2012, 10:44

Re: What's the worst thing that can happen! UE diary

Hi Charlie, from a fellow Lancashire based member, welcome, and good luck with your UE journey,anything we can help with just drop any of the mods a PM.
Most of us have been where you are right now, and we will do our best to ease any worries you have as you progress through the minefield.

**Pixie** · 2 May 2012, 10:48

Re: What's the worst thing that can happen! UE diary

Originally posted by alland View Post

Hi Charlie, from a fellow Lancashire based member,

There's quite a few of us on here now aren't there?

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