Lola girl UE diary...newbie!

[Lola girl]

I would wait to see what Tesco do next. Don't talk to them on the phone.

There's more to enforceability than the credit agreement.

When did you last make the full contractual payment (the monthly minimum amount)?

Have you been served with a Default Notice?

I can see you were in a DMP and I can see the account was defaulted in October 2018.

Di

Hi Di,

I am not answering any unknown numbers on my mobile now and my home phone is unplugged.

I last east made a full contractual payment in August 2018 and a default notice was received dated 5th sept 2018. Default registered in Oct 18 so they didn’t hang about!

Ill await their next move. Thanks, Lola girl

[Joanna Connolly Solicitors]

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.

I would wait to see what Tesco do next. Don't talk to them on the phone.

There's more to enforceability than the credit agreement.

When did you last make the full contractual payment (the monthly minimum amount)?

Have you been served with a Default Notice?

I can see you were in a DMP and I can see the account was defaulted in October 2018.

Di

[Lola girl]

• 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.

[Lola girl]

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.

[Joanna Connolly Solicitors]

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

[Lola girl]

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

[Joanna Connolly Solicitors]

• 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

[Lola girl]

Yep just file away for now, see what happen next,

Thanks NW - will do!

[nightwatch]

Yep just file away for now, see what happen next,

[Lola girl]

• 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?

[Lola girl]

CCA Request - Demand of Signature

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.

[The Tech Clerk]

CCA Request - Demand of Signature

[Lola girl]

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!

[cymruambyth]

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.

[Lola girl]

• 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!