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Lola girl UE diary...newbie!

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  • Lola girl UE diary...newbie!

    Edited - diaries actually start on page 2!

    Hello all!
    Currently on DMP with SC, all defaulted and sent off 5 CCA requests on 30th July.
    •Barclays (from 25.3.13) 6k- response from PRA saying info requested from OC and collections on hold.
    •Tesco (24.3.07) Debenhams (15.3.07) and MBNA (9.1.14) (Moorcroft) no response as yet
    •Marks & Spencer, 8k, from 25.9.06 have replied with the following...
    feb 19 credit card statement
    generic terms and conditions
    list of general interest rates
    and a copy of the credit card agreement - this shows my name, address, credit card number, signature and date (25.9.06) and a signed direct debit mandate, all other information appears generic. I have sent a copy in by email for checking but cannot see where any prescribed terms personal to me are in the agreement.

    Good to read others experiences and I’ll update as I go along. Thanks!
    Last edited by Lola girl; 15th August 2019, 21:40.

  • #2
    any CCA1974 you have send it not redacted in full to:- webmaster@all-about-debt.co.uk. for checking if enforceable or not? link this thread
    Last edited by The Tech Clerk; 13th August 2019, 22:23.
    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


    • #3
      Originally posted by The Tech Clerk View Post
      any CCA1974 you have send it not redacted in full to:- webmaster-all-about-debt@co.uk for checking if enforceable or not


      The correct email address is webmaster@all-about-debt.co.uk.

      Di
      Last edited by Diana Mayhew; 13th August 2019, 21:52.
      Legal Disclaimer

      I am a Litigation Executive at
      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Originally posted by Lola girl View Post
        •Barclays (from 25.3.13) 6k- response from PRA saying info requested from OC and collections on hold.
        •Tesco (24.3.07) Debenhams (15.3.07) and MBNA (9.1.14) (Moorcroft) no response as yet
        •Marks & Spencer, 8k, from 25.9.06 have replied with the following...
        feb 19 credit card statement
        generic terms and conditions
        list of general interest rates
        and a copy of the credit card agreement - this shows my name, address, credit card number, signature and date (25.9.06) and a signed direct debit mandate, all other information appears generic. I have sent a copy in by email for checking but cannot see where any prescribed terms personal to me are in the agreement.

        Hello

        Just to say there can be more legal issues for a debt to be enforceable in law than just the credit agreement.

        I look forward to helping you on your debt journey.

        Di
        Legal Disclaimer

        I am a Litigation Executive at
        Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Hi all,
          So this has been checked by Niddy and come back as unenforceable. Suggested that I don’t share with M&S what is missing so what do I write back?
          Do I just say the documents don’t comply fully with my request? Do I say that I deem them unenforceable. I would like to withhold my payments to them until they come up with the correct documents. Thanks!

          Comment


          • #6
            Another question- I have received a reply from my CCA request to Tesco... I initialled the letter and typed my full name, but they have said they won’t comply as I haven’t provided the correct signature?

            Comment


            • #7
              provide the correct signature then
              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


              • #8
                Thanks I will do that. Any advice on what to do about my M&S response?

                Comment


                • #9
                  Originally posted by Lola girl View Post
                  Thanks I will do that. Any advice on what to do about my M&S response?
                  Diana Mayhew able to help?
                  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


                  • #10
                    Generally if it’s deemed UE then pretty much nothing to do. The ball is in their court to comply with the CCA Act 1974, if they can’t then that’s their problem, however it won’t stop them from trying, because god loves a trier!

                    Comment


                    • #11
                      Originally posted by Lola girl View Post
                      sent off 5 CCA requests on 30th July.
                      •Barclays (from 25.3.13) 6k- response from PRA saying info requested from OC and collections on hold.
                      •Tesco (24.3.07) Debenhams (15.3.07) and MBNA (9.1.14) (Moorcroft) no response as yet
                      •Marks & Spencer, 8k, from 25.9.06 have replied with . . . . .

                      Can you make a separate post for each of your five debts (on this thread) so that help and suggestions can be made in a bespoke way since no two debts are managed the same way.

                      Use this format for each one >
                      • Type of account (credit card/loan/overdraft)
                      • Date commenced
                      • Approx balance
                      • Date last paid (approximate date you last made a FULL payment)
                      • Are you on arrangement or not paying
                      • Status (default/in arrears/up-to-date)
                      • Account owner (who is writing to you, a DCA or the lender or a debt purchaser)

                      Then requote the post (or C & P) each time you need help with a question or get correspondence etc.

                      Di
                      Legal Disclaimer

                      I am a Litigation Executive at
                      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #12
                        Originally posted by Lola girl View Post
                        I have received a reply from my CCA request to Tesco... I initialled the letter and typed my full name, but they have said they won’t comply as I haven’t provided the correct signature?

                        You've not yet revealed the balance of this Tesco account which can make a difference as to how it's managed.

                        This forum's policy is to never provide a signature in case it's lifted in order to reconstitute a credit agreement.

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at
                        Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #13
                          Originally posted by The Tech Clerk View Post

                          Diana Mayhew able to help?

                          I certainly will - once all the relevant facts have been established

                          Di
                          Legal Disclaimer

                          I am a Litigation Executive at
                          Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #14
                            Originally posted by Timewilltell View Post
                            Generally if it’s deemed UE then pretty much nothing to do. The ball is in their court to comply with the CCA Act 1974, if they can’t then that’s their problem, however it won’t stop them from trying, because god loves a trier!

                            I agree with that

                            Di
                            Legal Disclaimer

                            I am a Litigation Executive at
                            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Yes sure...I’ll do them now and ask the questions directly after ... thank you!

                              Comment

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