Lola girl UE diary...newbie!

[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!

[Lola girl]

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

[Lola girl]

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

[Lola girl]

You don't need to respond to Tesco.

This account is still with them so they know it's *you* who's sent the CCA Request, unless you've moved house and they don't recognise your new address.

They've also acknowledged receipt of your Request in their letter.

Job Done

Di

hi and thanks for the advice. I won’t respond and I’m sure they will be back in touch once they don’t receive their payment next month!

[Lola girl]

Tesco wouldn't send me a CCA with out a signiture, even though It was pointed out it didn't need one, they even sent the letter, telling them it didn't need a siggy, back to me , saying it wasn't signed,
The letter saying to stop playing around was also returned saying "not signed"
they then past it to a DCA who , when I sent a Sold in dispute letter to them, sent me copys of the three letters I had sent, saying they needed to be signed, I sent one saying which one, as they had photo copied them all mixed up on the back of one another,
Tesco then sent me a "copy" of what they had , but, under the DPA, which was strange as a DPA request has to be signed,

strange workings x NW

It’s obviously part of a time delay tactic! I almost sent off my signature over a solid line so that it couldn’t be copied, but having read the further advice it seems that I’ve made my request in the correct way and they haven’t responded. I’ll cancel the payment and I’m sure they will be back in touch soon!