GDPR Cookie Consent by SimpleServe Privacy Script deanjf's UE diary - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

deanjf's UE diary

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • deanjf's UE diary

    Hello all, a friend of mine told me about your site and all the fantastic help and advice your able to offer, so here I am !

    Firstly a brief history of mine and my partners situation, back in 2008 I lost my job, we struggled obviously to meet our repayments on our mortgage and loans credit cards and ended up in a terrible circle of borrowing where we could to pay all, eventually it got to the point where the stress and constant fire fighting got to much and we were repossessed it was the best thing to have happened in the end.

    So we moved back into my parents; and then the debt companies started there endless chasing. At this this time i was working part time and my partner full, so we went down the IVA route blindfolded. We signed up 18 months ago, and was paying £349 a month which was barely affordable ; i was offered full time and at out end year review the IVA company decided that we should be paying £749 a month, which was more than i was even earning as full time and we have a son to keep. We decided that as this would leave us nothing to live on, and we cant stay at my parents forever to cancel the IVA which we did.

    I stumbled across your site and did some exhaustive reading on what my rights are and what we can do regarding the debt companies chasing which there are quite a number and started on the UE route.

    This is the current situation ;

    (1) Aktiv Kapital , sent the CCA request off, sent the 30+12+2 Niddy special letter off , they couldnt find it, 3 months later i have received a CCA; they have attached a statement from the credit card.

    They have not provided a statement from themselves, no explanation as to how the debt has gone from £5628 in 2006 to £6526 today, no information of any payments from the IVA going to the debt

    I have had a look into what a properly constititued CCA should look like and seek some help; it has been date stamped as received and signed as receieved. Does it have to have an official signature from the lender as an accepted credit card?

    There is no credit limit stated ; no %age APRs listed or any repayment dates or frequency of payments

    Is this a properly constituted CCA without these?

    (2) 1st credit ; sent the CCA request off, sent the 30+12+2 Niddy special letter off , they couldnt find it, 2 months later i have received a CCA; amount £3173.20

    Again they have not provied any statement at all from the account, considering any payments during the IVA period.

    The CCA has been been officialy signed, this CCA does state the minimum payments, APR everything but there is NO credit card limit on the CCA at all, i understood that any CCA must have this to be usable?

    The other companies i have sent the CCA request and the 30+2 letters have not replied but these 2 have.

    I would be over the moon for any advice on what to do next, im more than happy to attach the CCAs or send them to someone to look over.

    If they are usable against me , which i dont think they are im assuming i have to make a repayment proposal of some kind.

    Again many thanks in advance for anyone who helps...

    yours continually stressed

    DeanJF

  • #2
    Re: New user says hello and seeks some help

    Hi and welcome to the forum deanjf

    Now you've found us, you can stop stressing

    I think it would be a good idea for you to start a UE diary. I can move this post to start one if you'd like me to.

    Have a look at Unenforceability Diaries - Read me First! - allaboutFORUMS to see how to set out a diary so that we have all the information we need to be able to help you. Remember to use a separate post for each debt, including the ones you haven't received a reply from yet.

    Send the CCAs that you've got to Niddy to have a look at User Guide - Sending your Agreement to Niddy - allaboutFORUMS He'll be able to tell you if they're enforceable or not.
    Let your smile change the world but don't let the world change your smile


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Re: New user says hello and seeks some help

      Hello Pixie thanks for the fast reply

      Yeah im more that happy for you to move this to an appopriate area and i will read up on how to set up the diary correctly

      I will get these scanned in and send them to Niddy

      thanks again

      Comment


      • #4
        Re: deanjf's UE diary

        Halifax Bank

        Type : Credit Card
        Date commenced : April 2002
        Balance : £6526.30 and rising
        Date Last paid : September 2011 through IVA
        Status: Not paying
        DCA: Aktiv Kapital

        CCA sent January 2012
        January - confirmation of request from AK
        Feb - 30+12+2 letter sent off to AK via recorded
        Feb - stock letter from AK saying they have requested CCA
        Feb / March / April = 3 more letters stating they are awaiting paperwork
        April - CCA received from AK , + statements (sending to Niddy for verification)
        April - UE (from Niddy) Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms to be sent
        Last edited by deanjf; 26 April 2012, 15:06. Reason: updated

        Comment


        • #5
          Re: deanjf's UE diary

          AA personal finance

          Type : Credit Card
          Date commenced : January 06
          Balance : £3173
          Date Last paid : September 2011 through IVA
          Status: Not paying
          DCA: Credit Security Ltd

          October 2011 CCA sent to 1st credit
          November 2011 30+12+2 letter sent
          December 2011 CCA received (sending to Niddy today)
          April 2012 Debt now moved to Credit Security Limited
          April 2012 - Enforceable (cry) advised to send Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
          Last edited by deanjf; 26 April 2012, 15:07. Reason: updated

          Comment


          • #6
            Re: deanjf's UE diary

            Lloyds

            Type : Credit Card
            Date commenced : April 2006
            Balance : £3845.80
            Date Last paid : September 2011 through IVA
            Status: Not paying
            DCA: Aktiv Kapital

            CCA sent January 2012
            January - confirmation of request from AK
            Feb - 30+12+2 letter sent off to AK via recorded
            Feb - stock letter from AK saying they have requested CCA
            March - They are still waiting for documents
            March - They are still waiting for documents
            April - They are still waiting for documents

            Comment


            • #7
              Re: deanjf's UE diary

              Natwest

              Type : Overdraft
              Date commenced : Not sure; account was opened 20+ years ago
              Balance : £4598.48
              Date Last paid : September 2011 through IVA
              Status: Not paying
              DCA: Moorcroft

              Feb 2012 - Letter from moorcroft asking for payment
              Feb 2012 - Letter from moorcroft informing litigation threat
              Feb 2012 - CCA request sent
              21 Feb 2012 - Letter from moorcroft, saying that as it is over 6 years old, they may be unable to get my CCA, refusal to search and £1 PO returned
              24 Feb 2012 - Monthly installment offer from moorcroft
              10 March 2012 - Discount offer + threat of home visit
              March -30+12+2 letter sent via recorded
              29 March 2012 - Letter from moorcroft thanking me for my reply and asking for a £1 postal order !!!

              Comment


              • #8
                Re: deanjf's UE diary

                Hi and Welcome
                Welldone in setting up your diary to send your CCA's to Niddy its best to e-mail-------> agreements@all-about-debt.co.uk

                Admin Edit
                Email edited by Niddy!
                Last edited by Never-In-Doubt; 26 April 2012, 10:58. Reason: Edited link
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  Re: deanjf's UE diary

                  Bah i had already sent them to the email address you first linked in2deep!

                  Resent to the updated email address

                  and hi to you too, got some more work to do in the diary as there are others to sort through

                  thanks for all the advice already received

                  DeanJF

                  Comment


                  • #10
                    Re: deanjf's UE diary

                    Originally posted by deanjf View Post
                    Bah i had already sent them to the email address you first linked in2deep!

                    Resent to the updated email address

                    and hi to you too, got some more work to do in the diary as there are others to sort through

                    thanks for all the advice already received

                    DeanJF
                    Whoops..... I'll be getting a from the Boss.......
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #11
                      Re: deanjf's UE diary

                      Hi & welcome

                      I'll try and have a mooch shortly so bear with me

                      I2D will look after you as per the diary side of things & i'll try check agreements shortly.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #12
                        Re: deanjf's UE diary

                        Thanks in advance Niddy

                        Comment


                        • #13
                          Re: deanjf's UE diary

                          Updated AA and Halifax

                          Thanks Niddy

                          1 Enforceable
                          1 Uneforecable

                          Going to send off the letters linked

                          I'm guessing if they continue to push the enforceable one ; I have to make a repayment proposal at some point ?

                          Will push it as far as humanly possible 1st though
                          Last edited by deanjf; 26 April 2012, 15:10. Reason: updated

                          Comment


                          • #14
                            Re: deanjf's UE diary

                            Exactly mate. Blag away and see what comes
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment

                            Working...
                            X