Re: Gregco UE diary
I have received various communication stating they are investigating the request and will get back to me when they have further information.
Is this the usual course of action they send when they have nothing or do you think I can expect more payment requests and final demands again in the near future.
I was wondering If I should be sending out another template letter to them to 'finalize' this as due dates have expired, or is that kicking the hornets nest unduly?
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Re: Gregco UE diary
Originally posted by gregco View PostAlso can someone confirm the statute barred, as he was under the impression that as long as THEY sent 1 letter within a 6 year period than the debt would still be enforceable and I was like I think as long as you've not acknowledged the debt / contacted them in 6 years it becomes statute barred??
If that was true, no alleged debt would ever go SB. No, it has to be a payment made by you, or someone acting with your explicit authority, or a written acknowledgement by yourself of the alleged debt. Nothing else can restart the limitation clock.
SH
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Re: Gregco UE diary
A consent order is done through the court, agreeing to pay to settle the debt, if that is the stage you are at.
Can be used for other issues
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Re: Gregco UE diary
I've just been to a Citizens Advice, whom advised me to join a debt management plan as they have no understanding of UE. They think that no Banks can make mistakes and have huge legal teams which ensure this never happens!!!!
Anyway, it makes me think, if I did enter a DMP am I confirming to their agreements and loosing any UE rights I might otherwise have had?
They also said If I sign with 2 of the DCA then they can't really assist me with the others as its all or nothing! I'm thinking about signing with all of them at £1 per month, but worried I'll have this debt hanging over me for 10 years. Or just signing my Consent Order and trying to persuade the others that their debd is UE. Or if push comes to shove agreeing a repayment plan.
Does anyone know what are the main differences between a DMP and a consent order??
Also can someone confirm the statute barred, as he was under the impression that as long as THEY sent 1 letter within a 6 year period than the debt would still be enforceable and I was like I think as long as you've not acknowledged the debt / contacted them in 6 years it becomes statute barred??Last edited by gregco; 25 January 2013, 11:23.
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Re: Gregco UE diary
I'm sending the Missing Prescribed Terms Template..( Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms ) Although, I've edited it to read a little more appropriate to my particular requirements. I basically deleted the paragraph about readable copies and a lot of the missing terms, they will get the idea I'm not accepting the copy they have sent!! Just need to get my darn printer to work!!!!
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Re: Gregco UE diary
Yes but that's what opus have sent THEIR terms with. Those terms are irrelevant to the original ones.
Basically you need a copy of the terms as supplied by Citi at account inception. I'd send the missing PT's template at this stage.
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Re: Gregco UE diary
its the city agreement...0022 - Citi & bmibaby Cards 11 01 2008
This agreement is between us,
Citi Financial Europe plc ond you
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Re: Gregco UE diary
If its the Opus agreement then its UE as you never took anything out with Opus; Opus literally purchased Citi's accounts.
We need the copy of Citi's agreement. Rest assured Opus' version will be nothing like the original one you signed with Citi and although then can send a current set of terms, they need to be accompanied by the original set that Citi issued.
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Re: Gregco UE diary
My Mistake, They have sent a 'true copy' of the agreement through although no signature is included the dates when the agreement started were post 07. I've forwarded to Niddy for perusal, and I'm not so sure where and what I can do with this????
Originally posted by gregco View PostHello,
All was quiet on the home front then on Friday 9th November Con collections decide to break the peace and quiet by sending me a 'true copy' of my credit agreement 'at the time the account was opened' & 'at the point of default' with a 'statement of account'; Which in my opinion is a little thin. There are no dates on it saying "your account was opened on 'today' date" only a header with the date on it, there are no signiture's, digital or else. So I'm thinking get off photoshop and get a proper hobbie...Any way.
As there is no confirmation on when this account was opened and I'm a little vague, where do I stand on the whole UE?
Think this is Niddy expert area for consideration or is it fact not enforceable as no signature?Originally posted by gregco View PostI'm presuming its a date; '002 - Citi & bmibaby Cards 11 01 2008' Is all it say's.Originally posted by Never-In-Doubt View PostMoon beaver are very litigious so I'd be replying to con collections saying "please read my previous correspondence dated xxxx"....
If you've not sent anything then instead look to send beavers a bank account cca --> Overdrafts - CCA Information - allaboutFORUMS
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Re: Gregco UE diary
Moon beaver are very litigious so I'd be replying to con collections saying "please read my previous correspondence dated xxxx"....
If you've not sent anything then instead look to send beavers a bank account cca --> Overdrafts - CCA Information - allaboutFORUMS
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Re: Gregco UE diary
Received a letter from con collections stating ' we attempted to resolve this matter via correspondence and telephone' We're disappointed that we've failed to settle the matter.......
We're forwarding the account to moon beaver.......'
Should I wait till i receive a welcome pack from Moon shine solicitors and follow up with a sold in dispute??
Originally posted by gregco View PostHello,
All was quiet on the home front then on Friday 9th November Con collections decide to break the peace and quiet by sending me a 'true copy' of my credit agreement 'at the time the account was opened' & 'at the point of default' with a 'statement of account'; Which in my opinion is a little thin. There are no dates on it saying "your account was opened on 'today' date" only a header with the date on it, there are no signiture's, digital or else. So I'm thinking get off photoshop and get a proper hobbie...Any way.
As there is no confirmation on when this account was opened and I'm a little vague, where do I stand on the whole UE?
Think this is Niddy expert area for consideration or is it fact not enforceable as no signature?Last edited by gregco; 5 January 2013, 12:07.
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Re: Gregco UE diary
I've received another letter from Nelson 'requiring me to pay within 10 days from (2/1/13) further recovery activity will be taken'....To be filed with their previous.
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Re: Gregco UE diary
Originally posted by MrsD View PostHi Greg
I would send off a sold in dispute to Nelson Guest, they are letterheads for rent, but Westcott are not being honest here, so cover yourself, remember to sign digitally and send a copy to Westcott
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Re: Gregco UE diary
Cheers guys, I think I'll file this with the rest then
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Re: Gregco UE diary
Originally posted by MrsD View PostHi Greg
I would send off a sold in dispute to Nelson Guest
The dispute template specifically mentions "continual harassment". I think you would have a difficult job convincing a judge that sending one letter in over a month offering to accept a reduced settlement constitutes any type of harassment. Don't send anything which you would not be willing and able to explain in front of a judge when it is listed on the witness statement.
If you really must respond to this, it would make a lot more sense to send a letter pointing out that sending statements alone does not satisfy the requirements of the Consumer Credit Act, but in all honesty any response is likely to do more harm than good (because it would point out their errors which they may be in a position to rectify). They have given you ten days to accept their "offer" before "further recovery action will be taken", whatever the hell that means. So, just wait for the next threat, and counter it in the appropriate manner.
SH
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