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

[Pixie]

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

Seems that way to me too.

Demanding signatures seems to be the latest ploy used by creditors. Capital One sent me my 'cca' with the request signed digitally so if it was okay a couple of years ago, it should be okay now!

[CharlieH]

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

Would it not be a reply with the 'Signature Request - Formal Response' template letter?

[Paul.]

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

the problem is a signature does not satisfy them as to your identity unless of course they are experts in handwriting.

What would in my submission satisfy their concerns is a certified copy of your pass port signed by a solicitor, that should satisfy them,

plus of course, if they arent sure who you are, why are they writing to you at that address in the first place

seems to me like they are taking the piss

[Pixie]

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

Good point CharlieH.

I thought Vossy had already sent that but he hasn't (tired today)

EDIT: shows how tired I am - I thought this was Vossy's diary

[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.
May
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.'
21.05 Signature request - formal response, template letter posted.

[vossy]

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

Good point CharlieH.

I thought Vossy had already sent that but he hasn't (tired today)

EDIT: shows how tired I am - I thought this was Vossy's diary

Hic hic Hic - very tired pixie

[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.
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 fulfils 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.

[CharlieH]

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

Thanks Flowerpower, that's all I sent to Niddy by the secure area.

Fingers crossed!

[Never-In-Doubt]

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

Account four
MBNA

Start: 2002

24.05 CCA application received today, with the origination date of September 1998, together with a letter from Link stating this fulfils 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.

Date is like 4 years out

reply on the secure thread went as follows

This is

No prescribed terms, usually you'd respond as follows: --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

Well done

[Paul.]

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

under Section 77 or 78 of the Consumer Credit Act 2006.

lmao id love to see them show me that provision cos it dont exist

[Never-In-Doubt]

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

lmao id love to see them show me that provision cos it dont exist

I'll have to find that other thread where a DCA quotes that an account in arrears is ermm, s.78 exempt as it's no longer running and s.78 only applies to running accounts

Me thinks they're confusing the definition of 'running' as not being live, but the actual formation of the account type - muppets

There's some classics mate

[Paul.]

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

I'll have to find that other thread where a DCA quotes that an account in arrears is ermm, s.78 exempt as it's no longer running and s.78 only applies to running accounts

Me thinks they're confusing the definition of 'running' as not being live, but the actual formation of the account type - muppets

There's some classics mate

they could be referring to Rankine though, if the agreement ended then no s78 duties

[Never-In-Doubt]

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

they could be referring to Rankine though, if the agreement ended then no s78 duties

it's still live though, just been passed to a dca mate. The agreement is not ended, in so much as no termination notice.

I was sure it was CrapQuest which leads me to think nah, they'll never understand Rankine let alone figure out the technicalities behind it

[CharlieH]

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

Do I reply to Link/IDR, who have supplied the CCA information to me, even though I originally wrote direct to MBNA on 24.04.2012.

MBNA only appointed Link/IDR on 27.04.12?

[MrsD]

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

yup write to whoever is writing to you