spent2much UE diary

[ScabHunter]

Re: spent2much UE diary

What the hell have the “decisions” (or even the judgment, for the benefit of English speakers) of 'Mr' Justice Flaux (that's pronounced 'Flo' – he's the one with the curlers in his blue-rinsed hair and the fag end hanging out of his gob) got to do with the fact that there is no bloody CCA?

That letter is too stupid to respond to. Unless there is another part which you haven't quoted making a threat of court action, I would just save a stamp and wait for the next clownogram.

SH

[Spent2much]

Re: spent2much UE diary

Quotes form Carey and McGuffick are part of every bank's template library, although McGuffick didn't even relate to the enforceability of agreements as such, it was more to do with reporting to the CRAs and recording defaults.

I've got an almost identical letter from RBS (part of the same group), whom I haven't paid for over 21/2 years. It's standard bank fodder.
I'd just wait till they send something more substantial or, more likely, unleash some threat-monkeys. They'll probably start with their in-house losers Try-It-On.

yep this is what i thought

[Spent2much]

Re: spent2much UE diary

What the hell have the “decisions” (or even the judgment, for the benefit of English speakers) of 'Mr' Justice Flaux (that's pronounced 'Flo' – he's the one with the curlers in his blue-rinsed hair and the fag end hanging out of his gob) got to do with the fact that there is no bloody CCA?

That letter is too stupid to respond to. Unless there is another part which you haven't quoted making a threat of court action, I would just save a stamp and wait for the next clownogram.

SH

lol i got bored of typing but will continue the letter.

Your account balance remains fully due and owing and we will contiue to requst payment. We will strongly defend any claim you bring in relation to your agreement.

If you are using or considering using the services of a claims managment company we refer you to the warnings by the MOJ with regard to the misleading statements issued by some of these firms about their ability to get debts written off. Full details can be found at justice.gov blah blah blah

Financial regulations require me to adivise you this is my final response in relation to this matter. However , you now have the option to contact the Financial Ombudsman service within six months from the date of this letter.
Their contact details are in the FOS leaflt , which i have included with this letter. I have also eclosed our complaints leaflet.
Although we have provided you with with the above details, it is our understanding the FOS may choose to not consider your case as issues regarding the enforecability of a consumer credit agreement would be better considered by a court.

[ScabHunter]

Re: spent2much UE diary

Your account balance remains fully due and owing

Possibly, but that is not in question. What is in question is whether or not it can be enforced.

we will contiue to requst payment.

This is where old Justice Flo is relevant – they can harass you and report your alleged conduct to the credit reference agencies, but they cannot enforce while the default ensues.

We will strongly defend any claim you bring in relation to your agreement.

Very clever, but as spent2much will not be issuing any claims, entirely irrelevant.

If you are using or considering using the services of a claims managment company we refer you to the warnings by the MOJ with regard to the misleading statements issued by some of these firms about their ability to get debts written off. Full details can be found at justice.gov blah blah blah

Also irrelevant.

it is our understanding the FOS may choose to not consider your case as issues regarding the enforecability of a consumer credit agreement would be better considered by a court.

Indeed, but will you take it there without an agreement?

I would still ignore and wait for the next threat. I used to get letters from Crap One – I had to put my brain cells on a life support system to get them through the ordeal.

SH

[Spent2much]

Re: spent2much UE diary

Possibly, but that is not in question. What is in question is whether or not it can be enforced.



This is where old Justice Flo is relevant – they can harass you and report your alleged conduct to the credit reference agencies, but they cannot enforce while the default ensues.



Very clever, but as spent2much will not be issuing any claims, entirely irrelevant.



Also irrelevant.



Indeed, but will you take it there without an agreement?

I would still ignore and wait for the next threat. I used to get letters from Crap One – I had to put my brain cells on a life support system to get them through the ordeal.

SH

thank you

[The Tech Clerk]

Re: spent2much UE diary

update

Usual we match what you pay, what they mean is the so called payment they make is non existant as it will lead you into making at least 50% profit for them, minus say 10% they paid for the debt??

[Pixie]

Re: spent2much UE diary

Hi Spent

I would be sending Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status as it's good to keep a paper trail.

[Spent2much]

Re: spent2much UE diary

Hi Spent

I would be sending Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status as it's good to keep a paper trail.

hi, thank you are you referring to the cap one account ?

[Never-In-Doubt]

Re: spent2much UE diary

Remember, according to Flaux enforcement does not include bringing a claim against a debtor so McGuffick is not the best ideal to compare with, it would be Carey that is prevalent here however the emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. A failure to produce such a document is still capable of rendering the agreement irredeemably unenforceable.

I just used that on another post and felt it appropriate here, just so you all don't get confused with the McGuffick judgment that doesn't affect too much with this Capital One case.

Sit tight, that letter does not need any response

[Never-In-Doubt]

Re: spent2much UE diary

Hi Spent

I would be sending Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status as it's good to keep a paper trail.

hi, thank you are you referring to the cap one account ?

Hold fire for now......

[Spent2much]

Re: spent2much UE diary

Hold fire for now......

thank you niddy will do .

[Spent2much]

Re: spent2much UE diary

Remember, according to Flaux enforcement does not include bringing a claim against a debtor so McGuffick is not the best ideal to compare with, it would be Carey that is prevalent here however the emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. A failure to produce such a document is still capable of rendering the agreement irredeemably unenforceable.

I just used that on another post and felt it appropriate here, just so you all don't get confused with the McGuffick judgment that doesn't affect too much with this Capital One case.

Sit tight, that letter does not need any response

will do niddy :niddy

But we actually sent a threatogram before action letter on Monday so they will have that today or tomorrow .

[Spent2much]

Re: spent2much UE diary

update

11/10/2012 sent copy of cca request and cover letter saying they
haven't responded yet .

update

13/10/2012
you pay 70% discount of 30%

19/10/2012
received a cca have sent it to niddy waiting for his response

update

[Spent2much]

Re: spent2much UE diary

Type 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 (citi financial) now with 1st credit

OFFER PAY WITHIN 7DAYS YOU PAY 70% DISCOUNT 30%

19/10/2012
annual statement from 1st credit .

19/10/2012

1st credit saying they will advise citi of mt request for cca.
Also said this.
Should your request also include documnts, please be advised of the following:

Deed of Assignment-we would refer you to section 136 of the Law of Poroprty Act 1925 which provides that the debtor is notified of the assignment of the debt in wiriting and not a copy of the Deed itself.

Copy statements- there is a charge of £10.00 for this information.

On receipt of the copy agreement we would expect you to contact this for immediately to arrange settlement of the debt.

update

[Spent2much]

Re: spent2much UE diary

Originally Posted by Spent2much
Type of account (loan in joint names)

Date commenced (2004)

Approx balance.( £1,957

Date last paid (22/06/2012)

Are you on arrangement or not paying (stopping dmp )

Status ( cca being sent, but sent them a sar request in 2008 and they never complied but we believe they took the £10 paid which was meant for the sar off the balance instead )

Account owner (citifinancial ) now with 1st credit

received today 24/09/2012

Legal proceedings being considered

We regret the sum detailed remains outstanding. We are considering issuing County Court proceedings against and any claim will include a claim for legal costs and interest.

If we obtain a judgement against you and it remains unpaid for 30 days it will be entered int he Register of Judgments, Orders and Fines, making i difficult to obtain credit at competitive rates .

Susequent failure to make payment of the judgement could result in enforcement action .

* an application to your employer for an attachment of earnings.
*an application for seizure of our assets by county court bailiff.
*an application for a charging order against your property (if owned by you)

we have not received anything in the form of a cca to the request sent in July so what should we do now please

received today 01/10/2012

pay within 7days YOU PAY 70% DISCOUNT OF 30%

niddy said to resend the cca request again, shall i add to the template that i sent this request on the 9/07/2012 with a £1.00 postal order ? shall simply just addd that bit in the letter ?


11/10/2012 sent copy of cca request and cover letter saying they
haven't responded yet .

update

13/10/2012
you pay 70% discount of 30%

19/10/2012
received a cca have sent it to niddy waiting for his response

20/10/2012 annual statement from 1st credit .
[/QUOTE]
update

niddy says

received 06/11/2012

from 1st credit,

Your agreement with CITIFINACIAL EUROPE PLC
balance outstanding *****

Your account is in arrears and you must contact us to discuss a payment arrangement to bring your account up to date.

As the outstanding balance is owed to 1st credit you must not make any payments to CITFIANCNIAL EUROPE PLC as this will take significantly longer to process the payment onto your 1st credit account. To discharge your outstanding balance, you must make a payment direct to 1st credit.

Contact this office immediately on 01****** so that we can agree payment terms with you.

In accordance with the Data Protection Act, 1998 we will comply with any request for a copy of the Personal information about you that is held on our computer system. Send your request, along with the administration fee of £10.00 and a self addressed envelope to the above address.

PLEASE DO NOT IGNORE THIS LETTER .