spent2much UE diary

[Never-In-Doubt]

Re: spent2much UE diary

i never sent anything to niddy yet .I simply don't know what to send, its nothing like the above .Sent £1 cca request not sar request

you need to send to me!

[Spent2much]

Re: spent2much UE diary

you need to send to me!

16 pages ?

[Never-In-Doubt]

Re: spent2much UE diary

16 pages ?

no.

you need to send the front page, if there are loads of t&cs don't bother with them yet unless Niddy asks for them.

As Mrs D says above - just the cover letter and the first couple of pages that look like an agreement, I do not need terms. Thanks

[Spent2much]

Re: spent2much UE diary

no.


As Mrs D says above - just the cover letter and the first couple of pages that look like an agreement, I do not need terms. Thanks

okey dokey will send them now

[Spent2much]

Re: spent2much UE diary

sent

[Spent2much]

Re: spent2much UE diary

Spent

have you sent what you received to Niddy?

you need to send the front page, if there are loads of t&cs don't bother with them yet unless Niddy asks for them.

ok thanks, its just that i haven't done this before so don't know what i am supposed to be looking for or sending

[Spent2much]

Re: spent2much UE diary

Type of account (solutions finance card)

Date commenced (2003)

Approx balance (£2,111

Date last paid (22 June 2012)

Are you on arrangement or not paying (was on dmp now stopped paying)

Status (default/in arrears )

Account owner (Capquest)

18/07/2012
recieved a letter saying they have put this account on hold for 28 days until they get the information i require, in the meantime would i like to send them any information that might speed this up (not bloody likely)

24/7/2012

letter recieved from Capquest.
Dear spent2much,
Blah Blah Blah.
We refer to our recent letter and regret that we have still been unable to obtain all the documents you requested from the original creditor. However please find attached some statements for your information.

We aknowledge that until we are able to provide copies of the documents to you , your account is unenforceable. That does not mean that the debt has ceased to exist and it is proper for us to continue to report the default on the account to the credit reference agencies. We may also write to you to provide information as the the state of your account.

If we are provided witht the relevant documentation at a future date, we will send copies to you. At this point the debt will again become enforceable . We will then require your proposals for repayment , by installments that you are able to maintain that we will seek to agree with you. If at that point you are not willing to make payment or an arrangement we will consider enforecement.



do i need to send anything to these now its unenforceable or do i just wait to see what they do next ?

[MrsD]

Re: spent2much UE diary

result Spent!!!

[Spent2much]

Re: spent2much UE diary

result Spent!!!

been waiting to wave the UE banner it feels great

[MrsD]

Re: spent2much UE diary

so keep that letter very safe as you may need it in the future

[Spent2much]

Re: spent2much UE diary

so keep that letter very safe as you may need it in the future

I have just stapled it to the envelope which it arrived in and filed it

[PriorityOne]

Re: spent2much UE diary

Yay!!!!

[Spent2much]

Re: spent2much UE diary

This is the letter to Moorcroft which i have ajusted to re send the postal order for the overdraft cca , do you think its ok ?











Dear Sirs,

Ref: moorcroft ;*******
client ref ;********

re. your letter dated 18th July 2012
I am re-issuing the postal order to your company for

the information I am entitled to, As you are the

official agent for the purpose of recovery on behalf

of loydsTSB, it is you who should be holding the

required documentation.
Be advised you are now beyond the 12+2 days that is

legally permitted for return of this information.

Under the provisions of The Consumer Credit (EU

Directive) Regulations 2010 and also c.39 (s.74

(A&B) (VA)) CCA(1974) I wish to formally request a

copy of the original overdraft agreement and

relevant paperwork that you should be sending me

annually, for the above numbered bank account with

[LloydsTsb].

As I held what can only be regarded as an 'Agreed

Overdraft', which has now reverted to an

'Unauthorised Overdraft' then the lending becomes

regulated in line with c.39 Part VA (s.74) (s.1(b))

CCA1974 meaning the normal rules and CCA(1974)

protection applies to this account.

You should be sending an annual reminder to me

regards the overdraft, as well as copies of the

original agreement made and an annual renewal form

that contains the relevant prescribed terms that are

clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this

provision for your perusal;

s.74A(2) The current account agreement must

include the following information at the time it is

made:

(a)the rate of interest charged on the amount

by which an account-holder overdraws on the current

account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is

based,
(d)information on any changes to the rate of

interest (including the periods that the rate applies

and any conditions or procedure applicable to

changing that rate), and
(e)any other charges payable by the debtor

under the agreement (and the conditions under which

those charges may be varied).

You should also be paying attention to s.74(B)(2)

which reads, I quote;

s.74B(2) The matters referred to in subsection (1)

are:

(a)the fact that the current account is

overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in

relation to it (including any penalties and any interest

on those charges).

Therefore in line with the above, please could you

send me what you should have been doing annually

and have not been, to allow me to take whatever

action I deem appropriate.

I trust that I have set out the position clearly and I

await your response with the requested information.

Yours faithfully,
spent2much

[Spent2much]

Re: spent2much UE diary

This is the letter to Moorcroft which i have ajusted to re send the postal order for the overdraft cca , do you think its ok ?











Dear Sirs,

Ref: moorcroft ;*******
client ref ;********

re. your letter dated 18th July 2012
I am re-issuing the postal order to your company for

the information I am entitled to, As you are the

official agent for the purpose of recovery on behalf

of loydsTSB, it is you who should be holding the

required documentation.
Be advised you are now beyond the 12+2 days that is

legally permitted for return of this information.

Under the provisions of The Consumer Credit (EU

Directive) Regulations 2010 and also c.39 (s.74

(A&B) (VA)) CCA(1974) I wish to formally request a

copy of the original overdraft agreement and

relevant paperwork that you should be sending me

annually, for the above numbered bank account with

[LloydsTsb].

As I held what can only be regarded as an 'Agreed

Overdraft', which has now reverted to an

'Unauthorised Overdraft' then the lending becomes

regulated in line with c.39 Part VA (s.74) (s.1(b))

CCA1974 meaning the normal rules and CCA(1974)

protection applies to this account.

You should be sending an annual reminder to me

regards the overdraft, as well as copies of the

original agreement made and an annual renewal form

that contains the relevant prescribed terms that are

clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this

provision for your perusal;

s.74A(2) The current account agreement must

include the following information at the time it is

made:

(a)the rate of interest charged on the amount

by which an account-holder overdraws on the current

account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is

based,
(d)information on any changes to the rate of

interest (including the periods that the rate applies

and any conditions or procedure applicable to

changing that rate), and
(e)any other charges payable by the debtor

under the agreement (and the conditions under which

those charges may be varied).

You should also be paying attention to s.74(B)(2)

which reads, I quote;

s.74B(2) The matters referred to in subsection (1)

are:

(a)the fact that the current account is

overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in

relation to it (including any penalties and any interest

on those charges).

Therefore in line with the above, please could you

send me what you should have been doing annually

and have not been, to allow me to take whatever

action I deem appropriate.

I trust that I have set out the position clearly and I

await your response with the requested information.

Yours faithfully,
spent2much

would you send this then, i don't want to rush to the post office and send something wrong ??

Not sending this until i know its ok don't want to say anthing to aknowledge this debt . So would appreciate some input if you would please

[PriorityOne]

Re: spent2much UE diary

The letter seems a tad long-winded.... and without re-capping on the thread, I'm unsure why you've decided to re-issue a PO.... ... but assume you have valid reasons.

I'd be more inclined to write something like:

I do not acknowledge any debt to your company.

Further to your most recent correspondence, please find enclosed a PO in connection with my request under the Consumer Credit Act 1974; dated xx/xx/xx

I trust there will be no further complications.

Yours faithfully,

Something like that.... but it's entirely your call.