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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.
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Re: spent2much UE diary
Originally posted by nightwatch View PostI would send a SWID http://www.all-about-debt.co.uk/inde...in-cca-dispute
thank you , i will need to send the overdraft swid letter for this though_______________________________________
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Re: spent2much UE diary
Originally posted by Spent2much View PostType of account (credit card)husband's
Date commenced (2004) maybe before
Approx balance.( £1,461
Date last paid (22/06/2012)
Are you on arrangement or not paying (stopping dmp )
Status ( niddy has seen the cca they sent and believes it to be UE. )
Account owner (Lloydstst) now with 1st credit
9/7/12 cca request to 1st credit
24/9/12 from 1st credit threat of court action
24/10/12 from 1st credit 70% offer
10/10/12 resent cca reminder
11/10/12 from 1st credit offer to match payment
19/10/12 from 1st credit adknowledgment letter of cca request
contacting citi for it .
19/10/12 annual statement.
09/07/2014 1st credit
County Court proceedings Considered
''We accept Affordable Arrangement Offers''
We invite you to contact us to agree repayment terms. Our agents will assess the affordability of your repayment offer over the phone.
It is important to us that your offer of repayment is reasonable and one that you can afford and can comfortably maintian.
our policy is that we can work together to support your commitment to repaying this debt.
Give us a call and one of our agents will run through an affordability assessment with you and agree suitable repayment terms.
14/007/2014 sent threat o gram to 1st credit
17/07/2014 1st credit- threat o gram again
18/07/2014-1st credit
we are writing to acknowledge your complaint.
we are sorry that you feel you have cause for complaint and you for making us aware of this issue. we can assure you that your complaint will be investigated thoroughly and we will make every effort to ensure theis matter is dealt with promptly .
we are required to send you a final response within 8 weeks in practice we usually reply in 4.
10/09/2014 1st credit
Further to your letter of 10th July 2014 , I am disappointed to read that you felt you had cause to complain. A copy of our complaints procedure has been sent under separate cover.
I understand your complaint is the way in which your account has been handled since you submitted a request under section 78 of the Consumer Credit Act 1974.
I have investigated the matter and find that we received your request for a copy of the agreement on 10th July 2012, and we requested a copy of your agreement from CitiFinancial. prior to this you had been making payments of £1.55 per month through Payplan, however these payments ceased when you submitted your request . This caused the arrangement you had in place to break, and so we wrote to you on 20th September 2012 to discuss repayment.
We received your second letter on 15th october 2012. On the receipt of this letter we requested an update from citifinancial, and they wrote to us on 3rd July 2014 advising that the original credit card agreement you had signed was unobtainable . The historic nature of such agreements means that there can be a delay in the original creditor responding to our request, and i offer my apologies for the length of time this has taken.
We tried telephoning you to advise of the outcome of your request but there was no reply to our call.
Regrettably your account was actioned incorrectly and so the collection activity resumed again. This triggered the letters we sent on 7th July 2014, this letter crossed in the post with your complaint of 10th July 2014. I consider this matter could have been dealt with more effectively and i offer my apologies in this regard. your complaint has been referred to senior management and suitable action as deemed appropriate action will be taken. Thank you for bringing this matter to our attention.
in view of my findings, I consider your complaint justified and hope that my explanation has been helpful in setting out clearly why i have taken this view.
As citifinaicnial have been unable to provide a copy of your agreement, the debt has become uneforceable ..
It is nevertheless still due, however we have taken the decision to close our file . Please note that we may reopen our file if a copy of your agreement becomes available .
_______________________________________
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Re: spent2much UE diary
Originally posted by Spent2much View Posthappy days
It doesn't represent ultimate victory, but it is a huge step in the right direction.
SH
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Re: spent2much UE diary
Originally posted by ScabHunter View PostIndeed. Keep that letter safe. Scan it and store the scan on your PC or external drive. Upload a copy to one of the free cloud services.
It doesn't represent ultimate victory, but it is a huge step in the right direction.
SH_______________________________________
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Re: spent2much UE diary
well done on this one xx, as SH says keep that letter where you can find it xxI'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
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Re: spent2much UE diary
Originally posted by Spent2much View PostType of account (credit card) husband's
Date commenced (2005) i put 2005 but they may be before this also
Approx balance.( £2,242.71
Date last paid (22/06/2012)
Are you on arrangement or not paying (stopping dmp )
Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )
Account owner (originally monument but passed to Barclaycard )
09/07/2012 sent CCA request
27/07/2012 barclaycard they are dealing with request
12/02/2013 from barclaycard
cca recon sent to niddy
13/02/13 sent missing pt's
22/02/2013 from Barclaycard
About your complaint
Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
account.
I am sorry that you have had reason to complain.
I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .
I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.
I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.
I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.
_____
It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)
___________
another 2 pages of statement of account
compliance with section 61 of the Act
office of fair trading.
timescales
your options
Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .
28/02/2013 from barclaycard
Thank you for contacting Barclaycard.
Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.
May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.
I hope this information is of some assistance to you.
07/03/2013 from Barclaycard
they have semt an application form saying it is a cca. I have sent it to niddy
5/03/2013
Niddy says still
23/08/2013 Barclaycard
I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013
This means that the effective owners of the above account are now MKDP LLP.
MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.
I confirm that the amount outstanding on your account as at August was £2324.18
With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
11/10/13 from Rapid Recoveries
Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.
We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.
Pleas call us to discuss ways we can help.
Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.
24/10/2013-MKrapid recoveries
As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.
They may commence litigation against you which will increase the amount payable due to costs incurred .Should the matter proceed they could take against your property (if you are a homeowner)or have monies deducted directly from your salary (if you are employed)
It is not too late to resolve this matter, please contact us immediately to allow us to help you avoid this.
26/11/2013 from Barclaycard , they have sent the same cca as last time , just to make sure though i have sent it onto Niddy to take a look .
Still UE .
4/12/13 received a pile of statements from MKDP and a cover letter saying their client had fulfilled their obligation by providing them and the UE forms they sent .
5/12/13 MKDP Further to your letter of acknowledgment we sent you in regards to the above account.
At this time, we must apologise, as we are still unable to resolve your query. We are however currently liaising with the original creditor, and we will contact you as soon as we receive a response from them.
15/02/2014 MKDP
Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
12/03/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
10/04/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
11/05/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
02/06/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
07/07/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
2/10/2014 Barclaycard/Monument
cca as requested .The cca they have sent is exactly the same as the last one which niddy said is UE , i won't even bother sending niddy this as it is identical so i shall send a missing P&T template_______________________________________
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Re: spent2much UE diary
Can anyone help please , my main pc has crashed and it has the template which i saved to it which i know is the correct one to send for the reply to monument sending the same reconstructed cca as they did last October, and i don't know which one it is in the template section and this needs sending asap ._______________________________________
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Re: spent2much UE diary
Originally posted by Spent2much View PostCan anyone help please , my main pc has crashed and it has the template which i saved to it which i know is the correct one to send for the reply to monument sending the same reconstructed cca as they did last October, and i don't know which one it is in the template section and this needs sending asap .
Is it the missing prescribed terms one you need? If so, there is a link to it on this page -
http://www.all-about-debt.co.uk/inde...eiving-replies
I can't go any further because I'm not authorised to view the templates. It is a good job I don't have any alleged debts any more, although, to be honest, I always composed my own letters anyway.
SH
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Re: spent2much UE diary
Originally posted by ScabHunter View PostWe are not going to know which template it was you had saved.
Is it the missing prescribed terms one you need? If so, there is a link to it on this page -
http://www.all-about-debt.co.uk/inde...eiving-replies
I can't go any further because I'm not authorised to view the templates. It is a good job I don't have any alleged debts any more, although, to be honest, I always composed my own letters anyway.
SH_______________________________________
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Re: spent2much UE diary
Originally posted by ScabHunter View PostI can't go any further because I'm not authorised to view the templates. It is a good job I don't have any alleged debts any more, although, to be honest, I always composed my own letters anyway.SHLet 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
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Re: spent2much UE diary
Originally posted by Pixie View PostIf you need to access the templates SH, you just need to register with the "new" AAD site using the details you used to register with the forum. I'm on my phone so can't link to the relevant thread.
http://forums.all-about-debt.co.uk/s...-New-Templates
SnV"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."
The consumer is that sleeping giant.!!
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
-
Re: spent2much UE diary
Originally posted by Spent2much View PostType of account (credit card) husband's
Date commenced (2005) i put 2005 but they may be before this also
Approx balance.( £2,242.71
Date last paid (22/06/2012)
Are you on arrangement or not paying (stopping dmp )
Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )
Account owner (originally monument but passed to Barclaycard )
09/07/2012 sent CCA request
27/07/2012 barclaycard they are dealing with request
12/02/2013 from barclaycard
cca recon sent to niddy
13/02/13 sent missing pt's
22/02/2013 from Barclaycard
About your complaint
Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
account.
I am sorry that you have had reason to complain.
I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .
I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.
I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.
I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.
_____
It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)
___________
another 2 pages of statement of account
compliance with section 61 of the Act
office of fair trading.
timescales
your options
Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .
28/02/2013 from barclaycard
Thank you for contacting Barclaycard.
Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.
May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.
I hope this information is of some assistance to you.
07/03/2013 from Barclaycard
they have semt an application form saying it is a cca. I have sent it to niddy
5/03/2013
Niddy says still
23/08/2013 Barclaycard
I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013
This means that the effective owners of the above account are now MKDP LLP.
MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.
I confirm that the amount outstanding on your account as at August was £2324.18
With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
11/10/13 from Rapid Recoveries
Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.
We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.
Pleas call us to discuss ways we can help.
Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.
24/10/2013-MKrapid recoveries
As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.
They may commence litigation against you which will increase the amount payable due to costs incurred .Should the matter proceed they could take against your property (if you are a homeowner)or have monies deducted directly from your salary (if you are employed)
It is not too late to resolve this matter, please contact us immediately to allow us to help you avoid this.
26/11/2013 from Barclaycard , they have sent the same cca as last time , just to make sure though i have sent it onto Niddy to take a look .
Still UE .
4/12/13 received a pile of statements from MKDP and a cover letter saying their client had fulfilled their obligation by providing them and the UE forms they sent .
5/12/13 MKDP Further to your letter of acknowledgment we sent you in regards to the above account.
At this time, we must apologise, as we are still unable to resolve your query. We are however currently liaising with the original creditor, and we will contact you as soon as we receive a response from them.
15/02/2014 MKDP
Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
12/03/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
10/04/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
11/05/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
02/06/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
07/07/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
2/10/2014 Barclaycard/Monument
cca as requested .The cca they have sent is exactly the same as the last one which niddy said is UE , i won't even bother sending niddy this as it is identical so i shall send a missing P&T template
30/10/2014 sent missing P&T
sorry this is in blue it won't typein red
6/11/2014 received from MKP
Whilst i am sorry you remain dissatisfied , we have nothing further to add.
You made reference to the prescribed terms under section 60, please note all relevant terms are enclosed supplied to you , therefore we do not believe that any issue of unenforceability arises .
We can confirm we have spoken to an employee of Barclaycard who has confirmed that in accordance with the information stored on their systems and in line with their procedures, a properly executed agreement was in place in accordance with section 91.(1) of the consumer credit act 1972.
There is no requirement to provide you with an original signed copy of the executed agreement. Our obligation is satisfied by providing you with a reconstructed copy which is legible. As you are aware we have provided you with a copy previously .
As no new information has been provided to us regarding this matter i must advise you that our complaints procedure has been exhausted and we are unable to enter in to any further correspondence regarding this matter.
should you remain unhappy with our response, you do have the right to refer your concerns to the financial ombudsman service. This must be done within six months of the final response daated 10th october 2014 where a leaflet was previously enclosed which explains how to do this .
what do i do now please , ( the reply from MKDP is in blue as it wouldn't change to red )_______________________________________
Comment
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Re: spent2much UE diary
May be this one is the one to send now. http://www.all-about-debt.co.uk/inde...e-cca-received.
you are not disputing that documents were sent just the fact they didn't send the ones you wanted. xxI'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.
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