Philyabootz UE diary (please help)

[Warwick65]

No differ nce of opinion. Our I itial posts crossed. I just pointed out a misread by still waving, something many of us do. I think our opinions were pretty much the same.

[Warwick65]

29/01/2018 Update

Webmaster has emailed twice with the CCA agreement pics and paperwork from PRA and he deems it still UE in his opinion

So I have 4 debts in total with one deemed UE and the other 3 no responses as of 6 weeks in

In which case, if it were me I would thi k about stopping payments. There is a risk however particularly with the large loan. If you feel nervous about stopping just stop the one that Niddy has said is UE.

[The Tech Clerk]

OK back to assisting then, hope poster appreciate that is all it was.

[philyabootz]

We do know, Phil has said in their Diary how much they are paying.

If it were me I would stop paying for now those that have not complied with the CCA request and if they write just respond with a ' you are in default of my lawful S77-79 request copy enclosed. Once you have satisfied me of the validity of this account I will be in touch'

That is just my opinion though

Is there a template to this type of letter I can use please?

[philyabootz]

In which case, if it were me I would thi k about stopping payments. There is a risk however particularly with the large loan. If you feel nervous about stopping just stop the one that Niddy has said is UE.

Thanks for the reply. If I stop paying them and send a letter outlining the fact that they have failed to comply with CCA will they up the anti to get the original CCAs found?

Does anyone that is nervous about stopping paying pay to get any legal backing or go it alone with the help of this forum?

[Warwick65]

When I stopped paying my creditors I did it with the help of forum members, I only resorted to legal advice when I received a claim. I don't think I worte saying why I had stopped paying however once they started to write to me I did reply saying they were in default of a lawful CCA request and as such any alleged debt was unenforceable.

Generally , once the CCA requests are sent it is reaction only and never actually add exactly what is wrong just that it is wrong.

[philyabootz]

When I stopped paying my creditors I did it with the help of forum members, I only resorted to legal advice when I received a claim. I don't think I worte saying why I had stopped paying however once they started to write to me I did reply saying they were in default of a lawful CCA request and as such any alleged debt was unenforceable.

Generally , once the CCA requests are sent it is reaction only and never actually add exactly what is wrong just that it is wrong.

Thanks for the reply

What kind of letters/stage/claims does it get to before you look to go down the legal route?

I have a very good mortgage deal and I don't want this to be affected

Thanks

[Still Waving]

I wouldn't (didn't) write to say why I stopped paying either.

We don't look to go down the legal route. We try to use the legislation to prevent it going to a claim. That is where the researched knowledge and legal expertise on AAD come in. At the end of the day one can always come to an arrangement to pay, to prevent a claim going all the way to Court.

[Warwick65]

I would not take the fight to them but try to stop them bringing the fight to me. It took Lowell 5 years before they sent me a letter of claim from when i stopped paying. All my other debts are now Statute barred

I remember feeling quite hard done to when it seemed everyone else was being told their CCAs were unenforceable and most of mine weren't but as i have said, only one took me to court,

I should add though that i do not own property and did not have a significant income so taking me to court would have been fairly pointless- at £1 a month it would have taken them 10 years just to get the costs back let alone any of what they said I owed.

[nightwatch]

we had 4 CC with barclaycard they never sent a valid CCA for any of them, either the address was wrong or no T&C's or not original one's, they are all SB now, Robsonway /Hoist don't seem to have noticed that tho, I just let them waste ther ink, paper and postage, NW

[philyabootz]

Update to Diary as of 05/08/2018

As of this week I am cancelling my arrangement with Stepchange and will go down the self managed route (with the help of my friends on here )

I will write/email Stepchange to confirm and cancel the Direct Debit to them WEF (August payment has been sent already)

The 2 Intrun debts that have not replied to my CCA request I will simply wait to hear from them via phone/letter but will as advised only communicate in writing.

The PRA Group MBNA debt that is so far deemed UE again I will wait to hear from them and respond accordingly with your help

The final PRA Group (Barclaycard CC Debt Pre 2007) I will look to put the following in writing to them



Thank you for your recent letter, the contents of which have been noted.

I appreciate your quick response to my original letter. However, the reply does not fulfill your requirements under the Consumer Credit Act 1974 and my request remains outstanding.

The document that you are obliged to send me is a true copy (or reconstituted version) of the executed agreement that contains the prescribed terms, all other required terms and statutory notices that were signed by both your company (or client) and myself, as defined in s.61(1) of the C.C.A(1974), and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition, a full statement of this account should have been sent to me detailing all debits and credits to the account.

The prescribed terms, as required by section 60(1) Consumer Credit Act 1974, are not at all visible and therefore the documents provided do not constitute a !!!8216;true copy!!!8217; and do not comply with current CCA legislation. Without the correct terms and conditions that accompanied this account I am unable to adjudge my position effectively. For this to occur I would require a "true copy" of the actual agreement and linked Terms and Conditions that apparently exists and I, therefore, appeal to you to fulfill my request.

I consider this account to be unenforceable until such time you properly comply with my original request and send a copy of the original purported documents if they exist. If not, then you must confirm this to me.

I would advise that I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account.

I look forward to hearing from you in due course.



I would appreciate your thoughts on this letter and the above proposed steps I am looking to take

As ever...Many thanks in advance

[The Tech Clerk]

appeal to them to comply with your request? they know the rules

[philyabootz]

appeal to them to comply with your request? they know the rules

Ill remove the 'and my request remains outstanding' Thanks

[Still Waving]

I would appreciate your thoughts on this letter and the above proposed steps I am looking to take

Hi

A few quick questions if I may:

Have PRA written to you since sending the copy agreement? If they haven't I would hold off sending anything at this time - remember, you need to be reactive not proactive.
What reason did Niddy give for the agreement being UE?
Did you lift that letter from another site? It seems to me to be giving them too much information, enabling them to rectify mistakes.

[Roger]

My advice is don't be pro active with PRA. I wouldn't be sending them anything. Silence when dealing with PRA