sunnylolly - Diary

[sunnylolly]

Afternoon everyone.

I have updated diary, but to summarise:

Got some results in! CrapOne Enforceable (sadly) MBNA 1 x UE/1 x enforceable. Ratesetter enforceable. So that is 1 out of 4.
Still no response yet from PO or New Day.
Further letters sent to FD and M&S regarding their insistence on a signature.
Next - returned PO advising not an acceptable payment method, no mention of my CCA request.

Do I just carry on waiting?

[Still Waving]

Afternoon everyone.

I have updated diary, but to summarise:

Got some results in! CrapOne Enforceable (sadly) MBNA 1 x UE/1 x enforceable. Ratesetter enforceable. So that is 1 out of 4.
Still no response yet from PO or New Day.
Further letters sent to FD and M&S regarding their insistence on a signature.
Next - returned PO advising not an acceptable payment method, no mention of my CCA request.

Do I just carry on waiting?

Hi

Did you send those agreements to Niddy for checking and are those his opinions?

Regarding Next - you sent a legal method of payment, and their reply acknowledges that they have received your request. I would do nothing else on this one. No doubt they would like a cheque with a lovely specimen of your signature.

Any that haven't replied, I would do nothing, but cheque the Royal Mail website and record details of when the letters were delivered/signed for. What did you say to FD and M&S regarding signatures?

[Warwick65]

Capital One Credit Card
Date commenced - 13/4/01
Balance £9539.08
Last paid - 25/4/18 £223.84 minimum payment
Have not been able to pay May or June minimum payment due to no income from business
Status - Credit report from Noddle today 1/7/18 shows up to date
Account owner Capital One

Correspondence

Sent
Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this.

CCA request sent and received by them 10/8/18 - no response received as of yesterday post 22/8/18

Received
No response to letter sent 20/6/18
Letter received 27/6/18 offering to help me get back in control of my finances! Requesting me to complete an income and expenditure form and they will offer me a plan, have to respond within 30 days or complete over the phone. I am not keen on doing either and have not responded yet.

dated 27/6/18 received 2/7/18 confirming balance £9539.08

dated 3/7/18 received 7/7/18 Notice of Sums in Arrears.

Agreement received and sent to Niddy who advises Enforceable.

31/8/18 Letter to advise I will permanently lose use of car if I don't pay or agree payment by 26/9/18

Should that read card?

So they have not defaulted you at this point and Niddy says the account is enforceable .

[Warwick65]

When you check the Royal Mail website- if it says still in the system, I would contact them and ask for proof- they (RM) are not always good at updating. If it shows as signed for I always print off the signed receipt ( I also save it as a PDF (easy in Win 10 or on a Mac) and keep it in the cloud}

[Warwick65]

M&S MasterCard Credit Card - formerly Chargecard/Store card think a new card just turned up as a credit card one day.
Date commenced - 25/6/97
Balance £13276.98
Last paid 30/4/18 £309.75 minimum payment
Have not been able to pay May or June minimum payment due to no income from business
Status - Credit report from Noddle today 1/7/18 shows up to date.
Account owner M&S Bank

*Edit I have found a letter from Marks and Spencer Money dates 1/11/03 advising they ad recently wrote to me to explain they are upgrading my Chargecard to the new &more credit card (I haven't found that letter as yet) and as part of my upgrade they have set up a new direct debit on my account to replace the chargecard direct debit and they give me a new reference number (which is my current credit card number) and advising of &more benefits and card and pin would be with me soon *

Correspondence
Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this. No response to that letter but 2 letters dated 20th June requesting phone calls. Ignored at this point.
Letter sent from file ref not requiring signature etc., received and signed for by M&S 29/8/18.

Received
Letter dated 28/6/18 received 4/7/18 thanking me for letter above (citizens advice template) giving me 60 days whereby they won't chase payment but may send other correspondence. They won't stop charging interest until they agree a suitable repayment plan with me. Balance confirmed at £13276.98
5/7/18 statement balance now £13485.97
Statement dated 5/8/18 and a notice of variation to terms and conditions.
Letter dated 16/8/18 in response to my CCA request to say they can't process my request as I did not provide a signature of authority. They have provided a separate sheet for me to complete and sign. They have given me 14 working days from the date of the letter to comply or they will assume I no longer require the information. I don't know what date the letter came as I have been away. They received my CCA request on the 9/8/18. They have kept the £1 postal order. They have provided a prepaid envelope and also an address for me to write to if I have any questions.

** Should I send the follow up letter template stating referring to data protection act etc?**

Googling around the consensus of opinion is that a signature is not a legal requirement, but I don't know how accurate that information is.

I have never signed a CCA request in my life BUT if you want to expidite matters then sign it but slightly alter it and keep a copy. Alternatively /additionally use an anti tamper strip and sign over than, might be difficult if they only sent you a hard copy to sign.

The M&S should be UE anyway - see Santander v Mayhew ( that is Diana Mayhew )

[Joanna Connolly Solicitors]

I have updated diary, but to summarise:

Got some results in! CrapOne Enforceable (sadly) MBNA 1 x UE/1 x enforceable. Ratesetter enforceable. So that is 1 out of 4.
Still no response yet from PO or New Day.
Further letters sent to FD and M&S regarding their insistence on a signature.
Next - returned PO advising not an acceptable payment method, no mention of my CCA request.

Even if a credit agreement is deemed enforceable that doesn’t necessarily mean the debt is enforceable

There could be a whole host of other reasons for a claim to fail such assignment issues, or an incorrectly served Default Notice (or the absence of any DN), or failure to serve regular Notice of Sums in Arrears, or FCA authorisation problems and so on and so forth.

It would really help if you could requote the post with your update so suggestions can be made based on both the facts and the history of any debt. Decisions on the way forward need to be made in context.

Good news about the credit agreement which appears to be unenforceable though !

Di

[Joanna Connolly Solicitors]

The M&S should be UE anyway - see Santander v Mayhew ( that is Diana Mayhew )

Thanks for the nudge Warwick

I’ll take a look at the OP’s original post to see whether they need to do anything in response right now.

What is or isn’t the change of address situation since 1997 etc.

Less is more sometimes.

Di

[sunnylolly]

Hi

Did you send those agreements to Niddy for checking and are those his opinions?

Regarding Next - you sent a legal method of payment, and their reply acknowledges that they have received your request. I would do nothing else on this one. No doubt they would like a cheque with a lovely specimen of your signature.

Any that haven't replied, I would do nothing, but cheque the Royal Mail website and record details of when the letters were delivered/signed for. What did you say to FD and M&S regarding signatures?

Hi Still Waving, thank you for your reply.

Yes agreements sent to Niddy and confirmed by him.

I sent FD and M&S the letter from the file referring to consumer credit act 1974 not requiring I supply copy signature etc., I have just received one back from FD saying they can't verify signature and enclosing a letter they want signing and returning or a phone call. Although in actual fact there is nothing enclosed to sign. They are being extremely difficult on this point.

[sunnylolly]

Should that read card?

So they have not defaulted you at this point and Niddy says the account is enforceable .

Hi Warwick

Haha yes card not car!! and yes that is correct, thank you.

[sunnylolly]

Even if a credit agreement is deemed enforceable that doesn’t necessarily mean the debt is enforceable

There could be a whole host of other reasons for a claim to fail such assignment issues, or an incorrectly served Default Notice (or the absence of any DN), or failure to serve regular Notice of Sums in Arrears, or FCA authorisation problems and so on and so forth.

It would really help if you could requote the post with your update so suggestions can be made based on both the facts and the history of any debt. Decisions on the way forward need to be made in context.

Good news about the credit agreement which appears to be unenforceable though !

Di

Diana Mayhew Hi thank you for your reply .Yes I think I understand I will do that next time, still learning, but want to make it easier as possible for everyone., I have learnt how to quote now though haha
Thank you

[sunnylolly]

First Direct Credit Card
Date commenced 30/7/10
Balance £16219.84
Date last paid 12/4/18 minimum payment
Have not paid May and June
Arrears two months £954.99
Account owner First Direct

Communication

Our main current account is with First Direct and is a joint account so my Husband spoke to them on the phone roughly a week ago and explained cash position, current account and both our credit cards they agree to freeze interest and charges for 3 months and wanted a £1 per month payment. They pushed hard for an income and expenditure on the phone which he said he couldn't do at that time they want a call back within the month with this information. We haven't paid the £1 yet as wasn't sure when to pay it etc.,
Letter sent in response to them requiring signature to comply with CCA request - received and signed by FD 29/8/18

Received

18/6/18 letter and a Default Notice requiring payment of arrears by 10/7/18 - in phone call above to Husband they said ignore the default notice as he had spoken to them and made arrangements.
18/7/18 credit card statement balance £16451.24

Letter dated 15/8/18 returning copy of my CCA request letter as it is unsigned and they are unable to respond. Asking me to sign and return the letter and they will then provide the information. They have also kept £1 postal order.
22/8/18 statement requesting voluntary payment which is higher than the overdue payment. Plus an Arrears information sheet.

4/9/18 2nd letter refusing to provide CCA without a signature.

FD saying they can't verify signature on my latest letter and so they won't comply with CCA request (I sent the one about consumer credit act and signature not required etc) it was an electronic signature this time so they won't be able to verify it. They seem to be very difficult over this, we have not had this issue with many others. Makes me more determined not to sign anything now. I will send the next letter in the list from the templates. Quite happy to play this game for a while with them!

Unless anyone has any other thoughts?

Cheers

[Still Waving]

I had this with RBS over a Mint card. They kept insisting on a signature, I kept refusing one, and the letter ping pong carried on for a while with me reiterating my unchanged stance. I wasn't paying, and all correspondence ceased with a stand-off. Some considerable time later they sold the account on without ever providing me with the copy agreement.

[sunnylolly]

Next Directory Store Card
Date commenced 22/8/02
Balance £1310.87
Last paid 6/6/18 £70.00 minimum payment
Up to date but will not be able to make minimum payment due 10th July 2018.
Status - up to date.
Account owner Next pay

Correspondence

Sent
Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this.

Have not sent CCA request yet but this is the next one as it is pre 2007 so I will get on to this.

CCA request sent 25/8/18, royal mail tracking not showing as delivered but they have written to me and returned PO so I know they have received it,

Received

17/7/18 Statement
Texts continually asking for payment
16/8/18 email response to letter above, advising will stop collection activity for 30 days.

31/8/18 Letter stating that they can no longer accept PO as payment and gave a list of payment methods debit card and so on. No mention of the CCA I requested, they seem to be acting as though I sent the 31 PO to pay off against my account!! Not sure what they are playing at.

6/9/18 Letter advising they are unable to provide a copy of my executed credit agreement at this time! They sent copies of credit terms at time account opened, copy of current terms and copy most recent statement. They said it is important I understand they can continue to ask for payment, issue a default notice, pass info to credit agency and to 3rd party debt collector and sell debt on.

As per letter above received yesterday, I am hoping this is a positive result? or should I still email something in for checking?

Thanks all

[The Tech Clerk]

no if you had a CCA1974 then that is what would need checking = they can continue to pester you/issue default/and pass to some 3rd part commission based DCA ! but until or if they produce a CCA1974 compliant/noncompliant they cannot get a judgment! make sure any postal order for the £1.00 is not added to account !

[sunnylolly]

no if you had a CCA1974 then that is what would need checking = they can continue to pester you/issue default/and pass to some 3rd part commission based DCA ! but until or if they produce a CCA1974 compliant/noncompliant they cannot get a judgment! make sure any postal order for the £1.00 is not added to account !

Hi thank you, they actually returned the postal order to me with no mention of my CCA request, then I received this letter yesterday. I think it's good news, for now anyway.