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

[CharlieH]

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.
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 recieved 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?

[Deepie]

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.
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 recieved 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?

Just ignore........

[CharlieH]

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

Ignored

[CharlieH]

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.
12.05 Letter received from Barclaycard, dated 09.05.12, acknowledging receipt of my Section 78 request. They will respond as soon as possible.

[Sosad]

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

Hi and welcome Charlie you seem to be at the same stage as me in the UE journey just popped in to wish you the very best of luck x

[CharlieH]

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

Thanks Sosad. I trust that since finding and using the site you are enjoying the 'UE' journey.

It makes the going a lot easier when you can see the success others have had by reading their diaries.

Even if UE does not always work, the stress associated with the harassment is a lot easier to cope with.

Good luck with your UE journey!

[CharlieH]

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

Account four
MBNA

Type: Credit card

Start: 2002

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.
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...

[CharlieH]

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.
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.'

[Deepie]

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.
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.'

Keep that letter safe......result welldone

[CharlieH]

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

Don't worry I will do! lol

[CharlieH]

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

So after being the 'Big I am' playground bully, once confronted they turn into childish !

[Pixie]

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

Account four
MBNA



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...

Load of rubbish! They send me letters though, I must admit, not all that many!

Send them the account in dispute letter.

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.'
[/COLOR]

Are you quaking in your boots?

Great news CharlieH

[CharlieH]

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

Account four
MBNA

Type: Credit card

Start: 2002

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.
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.

[CharlieH]

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...
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'

[vossy]

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...
19.05 Second letter of refusal to supply CCA due to lack of signature, as I have signed the letter electronically. This time they state 'under the Data Protection Act 1998 we are unable to investigate your account unless we receive a true signature to ensure we are satisfied with your identity' and 'we feel requesting for a copy of your true, current signature is a reasonable request. In addition, the 12 working day time frame begins after the date of receipt of a satisfactory request.'

This looks as if they know they are on to a loser to me - good luck