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  • Conquistador's UE Diary 2010

    As a new member here, I've cut to the chase and started my own Diary as recommended. The following Debtors have all been recently contacted after continuously dealing with them directly over the last 3-4 years, and making consistent Standing Order payments during that period. It was only after requesting a CCA as part of getting an unfair Default notice removed that the DCA informed there was no copy available - this came as a pleasant surprise and prompted me to follow suit with them all. I'm in the process of receiving their responses and will list each Lender/DCA along with the current information held on my files.

    1. Westcot (Barclays Credit Card) Debt Value £3k+
    After CCA request I have been referred to Barclays Bank themselves. I have yet to write directly to them. Account is now on temporary hold status.

    2.CL Finance (Debenhams Storecard) Debt Value £480
    After CCA request they are now in the process of retrieving it.

    3.DG Solicitors (HSBC Loan) Debt Value £7k+
    After CCA request on 08.11.10 no response to date.

    4.Lloyds TSB (Platinum Credit Card) Debt Value £6k+
    After CCA request I have been sent a "Reconstituted Version" that includes no signatures of any kind. I quote [size=5]" Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements." No further action has been taken on my part as yet.

    5.Link Financial Outsourcing (MBNA Credit Card) Debt Value £1.9k+
    After CCA request I have been informed that despite purchasing the debt they are having to request a copy themselves, and have asked me to allow 30 days for this to reach completion.

    6.Rockwell DCA/Tessera Portfolio Management (HSBC Overdraft) Debt Value £2.3k+
    After CCA request I have been informed that there is no copy available but that I should still acknowledge the existence of the debt and continue payments for it's duration. They also fully acknowledge that the debt is unenforceable. I currently have a Default notice on my Experian Credit File and it has been there since 2006.


    If anyone can tell me how and where I can get closure on the relevant accounts I would greatly appreciate it and updates will follow as required....
    Money makes money, makes money, makes money...

  • #2
    Re: Conquistor's Unenforceability Diary 2010

    Hi & Welcome

    Please see this and edit your post to reflect the details - thanks: ---> viewtopic.php?p=6789#p6789

    Niddy
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment


    • #3
      Re: Conquistor's Unenforceability Diary 2010

      Barclaycard

      Account Type Credit Card
      Commencement Date TBC
      Approximate Balance £3432
      Are you on arrangement or not paying On Arrangement
      Status (default/in arrears/up-to-date) Up-to-date
      Account owner (who is writing to you, a DCA or the lender) Westcot DCA

      08.11.10 CCA Request sent
      10.11.10 Referred to Barclaycard for CCA
      30.11.10 Letter sent to Westcot with PO for Barclaycard as requested
      20.04.11 UNENFORCEABLE
      Last edited by Conquistador; 13 May 2011, 16:31.
      Money makes money, makes money, makes money...

      Comment


      • #4
        Re: Conquistador's UE Diary 2010

        GE Finance

        Account Type Storecard
        Commencement Date 19.12.02
        Approximate Balance £487
        Are you on arrangement or not paying On Arrangement
        Status (default/in arrears/up-to-date) Up-to-date
        Account owner (who is writing to you, a DCA or the lender) CL Finance Ltd

        08.11.10 CCA Request sent
        10.11.10 DCA in process of retrieving CCA.
        29.11.10 Signed copy of CCA received - unsure if it's enforceable.
        03.12.10 Agreement enforceable as per Niddy so payments will continue until completion.
        Money makes money, makes money, makes money...

        Comment


        • #5
          Re: Conquistador's UE Diary 2010

          HSBC Bank

          Account Type Personal Loan
          Commencement Date TBC
          Approximate Balance £7247
          Are you on arrangement or not paying On Arrangement
          Status (default/in arrears/up-to-date) Up-to-date
          Account owner (who is writing to you, a DCA or the lender) DG Solicitors

          08.11.10 CCA Request sent
          Money makes money, makes money, makes money...

          Comment


          • #6
            Re: Conquistador's UE Diary 2010

            Egg plc

            Account Type Personal Loan
            Commencement Date 31.12.03
            Approximate Balance £18558
            Are you on arrangement or not paying On Arrangement
            Status (default/in arrears/up-to-date) Up-to-date
            Account owner (who is writing to you, a DCA or the lender) Clarity Credit Management Solutions Ltd

            17.11.09 CCA Request sent
            29.12.09 Copy of signed CCA received.
            29.11.10 Original CCA cross-referred with AllAboutDebt examples and appears unenforceable.
            03.12.10 Template letter sent as per Niddy.
            15.12.10 Response received from Clarity - copy sent to Niddy for advice.
            Many Thanks Niddy!
            Money makes money, makes money, makes money...

            Comment


            • #7
              Re: Conquistador's UE Diary 2010

              Lloyds TSB Bank plc

              Account Type Credit Card
              Commencement Date 01.06.04
              Approximate Balance £6609
              Are you on arrangement or not paying On Arrangement
              Status (default/in arrears/up-to-date) Up-to-date (although bank claims arrears)
              Account owner (who is writing to you, a DCA or the lender) Lender

              08.11.10 CCA Request sent
              17.11.10 Reconstituted Copy of unsigned CCA received.
              03.12.10 UE Template letter sent as per Niddy.
              Many Thanks Niddy!
              Money makes money, makes money, makes money...

              Comment


              • #8
                Re: Conquistador's UE Diary 2010

                MBNA Europe Bank Ltd

                Account Type Credit Card
                Commencement Date TBC
                Approximate Balance £1955
                Are you on arrangement or not paying On Arrangement
                Status (default/in arrears/up-to-date) Up-to-date
                Account owner (who is writing to you, a DCA or the lender) Link Financial Outsourcing Ltd

                08.11.10 CCA Request sent
                12.11.10 DCA Currently sourcing copy from Lender.
                17.12.10 CCA copy received and sent to Niddy for enforceability status.
                24.12.10 Agreement enforceable as per Niddy so payments will continue until completion.
                Money makes money, makes money, makes money...

                Comment


                • #9
                  Re: Conquistador's UE Diary 2010

                  HSBC Bank plc

                  Account Type Overdraft
                  Commencement Date TBC
                  Approximate Balance £2258
                  Are you on arrangement or not paying On Arrangement
                  Status (default/in arrears/up-to-date) Up-to-date
                  Account owner (who is writing to you, a DCA or the lender) Rockwell DCA

                  30.10.10 CCA Request sent to Tessera
                  02.11.10 Letter received from Rockwell DCA admitting CCA no longer available and agreement unenforceable.
                  Many Thanks Niddy!
                  Money makes money, makes money, makes money...

                  Comment


                  • #10
                    Re: Conquistador's UE Diary 2010

                    Originally posted by Conquistador
                    GE Finance

                    Account Type Storecard
                    Commencement Date 19.12.02
                    Approximate Balance £487
                    Are you on arrangement or not paying On Arrangement
                    Status (default/in arrears/up-to-date) Up-to-date
                    Account owner (who is writing to you, a DCA or the lender) CL Finance Ltd

                    08.11.10 CCA Request sent
                    10.11.10 DCA in process of retrieving CCA.
                    29.11.10 Signed copy of CCA received - unsure if it's enforceable.
                    This is enforceable so you should continue with repayments, especially being the balance is so small.....

                    Sorreeee
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Conquistador's UE Diary 2010

                      Originally posted by Conquistador
                      Egg plc

                      Account Type Personal Loan
                      Commencement Date 31.12.03
                      Approximate Balance £18558
                      Are you on arrangement or not paying On Arrangement
                      Status (default/in arrears/up-to-date) Up-to-date
                      Account owner (who is writing to you, a DCA or the lender) Clarity Credit Management Solutions Ltd

                      17.11.09 CCA Request sent
                      29.12.09 Copy of signed CCA received.
                      29.11.10 Original CCA cross-referred with AllAboutDebt examples and appears unenforceable.
                      This is unenforceable as it is a 'multiple agreement' with no mention of apr/payment amounts etc for the PPI element. Therefore you need to read this section here: ---> viewtopic.php?p=12111#p12111

                      You respond to Clarity with this: ---> viewtopic.php?p=1503#p1503

                      Well done!
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #12
                        Re: Conquistador's UE Diary 2010

                        Originally posted by Conquistador
                        Lloyds TSB Bank plc

                        Account Type Credit Card
                        Commencement Date 01.06.04
                        Approximate Balance £6609
                        Are you on arrangement or not paying On Arrangement
                        Status (default/in arrears/up-to-date) Up-to-date (although bank claims arrears)
                        Account owner (who is writing to you, a DCA or the lender) Lender

                        08.11.10 CCA Request sent
                        17.11.10 Reconstituted Copy of unsigned CCA received.
                        This is unenforceable, they have admitted doing a recon, thus nothing with your handwriting/signature attached!

                        Respond to Lloyds with this: ---> viewtopic.php?p=1624#p1624

                        Well done
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Conquistador's UE Diary 2010

                          Originally posted by Conquistador
                          HSBC Bank plc

                          Account Type Overdraft
                          Commencement Date TBC
                          Approximate Balance £2258
                          Are you on arrangement or not paying On Arrangement
                          Status (default/in arrears/up-to-date) Up-to-date
                          Account owner (who is writing to you, a DCA or the lender) Rockwell DCA

                          30.10.10 CCA Request sent to Tessera
                          02.11.10 Letter received from Rockwell DCA admitting CCA no longer available and agreement unenforceable.
                          LOL - I am loving this (muppets)...

                          Overdrafts are CCA exempt meaning they do not have to supply an agreement cos there will not be one, not cos of the age of the account - because you NEVER had to sign an agreement as a CCA is not classed as a regulated product.

                          However, their fcuk-up so as far as everything goes, cease all repayments - they cannot take any action against you, as confirmed in their letter. So you must keep that letter safe and if anyone hassles you about this debt in the future you send a photocopy of it with one of these: ---> viewtopic.php?p=20195#p20195

                          Well done (jammy sod) lol

                          p.s. ignore Rockwell. No response necessary!
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Conquistador's UE Diary 2010

                            Originally posted by Conquistador
                            Egg plc

                            15.12.10 Response received from Clarity - copy sent to Niddy for advice.
                            Money makes money, makes money, makes money...

                            Comment


                            • #15
                              Re: Conquistador's UE Diary 2010

                              Originally posted by Conquistador
                              MBNA Europe Bank Ltd

                              17.12.10 CCA copy received and sent to Niddy for enforceability status.
                              Money makes money, makes money, makes money...

                              Comment

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