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  • #31
    Originally posted by Diana Mayhew View Post


    That's good to hear especially since this Barclaycard was opened in 2013.

    From now on each time you receive a letter/email/call/text you can update the debt's history by adding the new info to your original post, so your Diary will have all the relevant facts in one place..

    You'll soon get the hang of things.

    All help and support on AAD is free.

    Di

    I was surprised too - no wonder they sent me around 100 pages of statements to throw me off!

    Okay i I have managed to edit each debt post with today’s update so hopefully I’m doing it the right way now? Thanks for the advice

    Comment


    • #32
      So feeling quite organised now with my CCA requests. I have done a lot of reading on the forum and looked at the ADD+ template letters.

      So far I have had two deemed currently unenforceable, one gone back to the OC and one quibbling over a signature. Link have just ignored me.
      I have cancelled my DMP with SC but will keep my standing order going into the separate bank account to accumulate whilst I am not making these payments to the 5 creditors.

      Thanks all all for the advice so far and the confidence to deal with this myself!

      lola girl

      Comment


      • #33
        Originally posted by Lola girl View Post
        • Type of account: MBNA C/ C
        • Date commenced: 9.1.14
        • Approx balance: £7k
        • Date last paid: Aug 2018
        • Are you on arrangement: DMP
        • Status: Default 25.3.19
        • Account owner: Moorcroft
        CCA request 30/7/19 - no response as yet

        15/8/19 - letter from Moorcroft saying they have asked the OC for the relevant documents. They advise also that they are not seeking to ‘enforce’ the agreement, they are only asking me to make an affordable repayment towards an outstanding debt. Very nice of them! Guess I just cancel the StepChange payment and wait to hear from them

        28/8/19 letter received from Moorcroft with 2 years of statements and an agreement. Sent over to Niddy to be checked.
        My most recent CC account taken in 2014 so am expecting this one to be enforceable!

        Comment


        • #34
          Don't forget that there are many ways that an account can be UE, not just the actual agreement. There can be issues with the default, the assignment to name just a couple.
          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


          • #35
            Originally posted by cymruambyth View Post
            Don't forget that there are many ways that an account can be UE, not just the actual agreement. There can be issues with the default, the assignment to name just a couple.
            Fingers crossed! I sent 5 and so far 2 UE, 1 being checked, 1 ignored and 1 playing silly buggers over signature!

            Comment


            • #36
              CCA Request - Demand of Signature
              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


              • #37
                Originally posted by The Tech Clerk View Post
                Thanks Tech Clerk... I have already sent this one...from my reading it seems like this is what Tesco do! I’m sure they will be back in touch once they realise I have cancelled the payments.

                Comment


                • #38
                  Originally posted by Lola girl View Post
                  • Type of account: M&S Bank
                  • Date commenced: 27.9.06
                  • Approx balance: £8k
                  • Date last paid: Aug 2018
                  • Are you on arrangement: DMP
                  • Status: Default 1.3.19
                  • Account owner: OC
                  CCA request - deemed UE by Niddy.
                  Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
                  15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

                  5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.
                  Should I just file away and do nothing?

                  Comment


                  • #39
                    Yep just file away for now, see what happen next,
                    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


                    • #40
                      Originally posted by nightwatch View Post
                      Yep just file away for now, see what happen next,
                      Thanks NW - will do!

                      Comment


                      • #41
                        Originally posted by Lola girl View Post
                        • Type of account: M&S Bank
                        • Date commenced: 27.9.06
                        • Approx balance: £8k
                        • Date last paid: Aug 2018
                        • Are you on arrangement: DMP
                        • Status: Default 1.3.19
                        • Account owner: OC
                        CCA request - deemed UE by Niddy.
                        Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
                        15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

                        5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.

                        Well they would say that wouldn't they (that the credit agreement is legally enforceable)

                        Hopefully they will assign (sell) this debt to a debt purchaser when they realize they're not going to get the money from you.

                        What was this M&S account originally, such as a credit card, loan, Personal Reserve account with cheque book 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. My Direct Line is 0151 254 6986 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


                        • #42
                          Originally posted by Diana Mayhew View Post


                          Well they would say that wouldn't they (that the credit agreement is legally enforceable)

                          Hopefully they will assign (sell) this debt to a debt purchaser when they realize they're not going to get the money from you.

                          What was this M&S account originally, such as a credit card, loan, Personal Reserve account with cheque book etc?

                          Di
                          Yes they would! I’ll just wait and see what they do.

                          This is was an M&S credit card.

                          Lola girl

                          Comment


                          • #43
                            Originally posted by Lola girl View Post

                            l just wait and see what they do.

                            This is was an M&S credit card.
                            Ive just looked at the history of this account in your earlier post.

                            Did you send a "Missing Prescribed Terms" letter last month because that may have alerted them to the flaw which they may be able to remedy?

                            Generally speaking it's best to never tell the debt owner what they've got wrong.

                            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. My Direct Line is 0151 254 6986 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


                            • #44
                              Originally posted by Diana Mayhew View Post

                              Ive just looked at the history of this account in your earlier post.

                              Did you send a "Missing Prescribed Terms" letter last month because that may have alerted them to the flaw which they may be able to remedy?

                              Generally speaking it's best to never tell the debt owner what they've got wrong.

                              Di
                              I did...rookie error! But I understand the process a bit more now and won’t be engaging with them moving forward until advised.

                              Comment


                              • #45
                                Originally posted by Lola girl View Post
                                • Type of account: Tesco Credit Card
                                • Date commenced: 24/3/2007
                                • Approx balance: £3,900
                                • Date last paid: Aug 2018
                                • Are you on arrangement: DMP
                                • Status: Default 10.10.18
                                • Account owner: OC
                                CCA request - letter received to say they would not comply as I had not included my signature

                                15/8/19 I have not sent them a signature and have cancelled the StepChange payment. Have sent them a signature not required letter.

                                30/8/19 letter received acknowledging my complaint (wasn’t aware I’d made one!). No mention of CCA. Filed away.

                                2/9/19 phone call from Tesco complaints team - they acknowledge that a signature is not required for CCA. CCA will be sent out within 30 days. Advised that as now currently UE I will not be making further payments at present.

                                5/9/19 original true copy of credit agreement, terms and conditions and a statement received from Tesco. Will send over to Niddy for checking.

                                6/9/19

                                Good documents received considering the age of this one. Niddy says enforceable.
                                Okay so need to decide if to offer to pick back up the payments I was making on DMP or leave this and see if it’s sold on.

                                Comment

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