Rhinoman UE Diary

[rhinoman]

Rhinoman Unenforceable Diaries

A little bit of background to how I find myself in such a mess, expanded my business by opening a shop taking on staff, the shop failed first and then the rest of the business failed as the recession took hold.
Realising I was in trouble put myself in my hands of a debt management company who set up of payment programme and then the rest of the business failed as the recession took hold them in August 2009 I stopped making payments through the debt management company, And they subsequently washed their hands with me.
Things were looking pretty grim and it looked like I was going to have to make myself bankrupt and lose the house making my family homeless, But my Mum and Dad offered to help me out with a loan, and got their solicitor involved for some advice and to draw up an agreement for the money that they were lending and also to place a charge to protect their money on our property. The solicitor also discussed the various options of what we could do declaring myself bankrupt and using the money from my parents to buy back my share of the asset in the home, or to set everything out in black-and-white and write to the creditors with a proposal for full and final offer and detailing what they might expect to receive if I was declared bankrupt which by his calculations would of been about £.10 in the pound we write to them with an offer of around about £.25 in the pound, I did agree to this plan as it seemed more favourable than making myself bankrupt and all the associated problems that that would bring about. But unfortunately things have not gone well with the solicitors plan as though he did manage to negotiate a With good settlements things have ground to a halt and I fear his costs are out of control. Which is why I decided to start to go down the unenforceable route and take up the job of writing the letters to reduce the potential for the solicitors Bill to be totally outrageous.
The solicitor fails to communicate with me so is leaving me totally in the dark with the exception of a few small tasks that I have asked him to do, which incidentally have not been done yet as far as I know I have asked him not to communicate any further with my creditors I have written to him to ask for an explanation as to what is going on and for a copy of all communications received and sent on my behalf to date I have not received a reply to this request.
I am currently employed on a part-time basis and am just about covering my share of the household expenses but there is no spare money to maintain a payment plan with the outstanding creditors.

I have listed below are listed below my credit cards and loans for which I am trying to negotiate a full and final settlement for and am going down the unenforceable route with the hope that this will give more power to my offers.

So here goes with the list of accounts and brief history of recent progress I will list each one separately and where necessary when advised scan and send copies of anything that I have received and you wish to advise on (Could someone please advise when these documents are sent in do I need to blank out names addresses and account numbers or is this not necessary as they are not posted for everyone to view)

Thank you very much in advance for the help and advice that I'm sure will follow.
Kind Regards
Rhinoman

[rhinoman]

Re: Rhinoman Unenforceable Diaries

NBNA Bank (4)
1. Type of account: Loan
2. Date commenced: 07/2003
3. Approx balance: £10,236
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Link Financial
History
10th of August 2010 sent Link a CCA request
18th of October 2010 sent Link non-compliance letter regarding CCA request
22nd of October 2010 letter from Link Financial acknowledging my request, we do not hold this documents as we purchased the account may take up to 30 days.

[rhinoman]

Re: Rhinoman Unenforceable Diaries

Egg Bank Plc (5)
1. Type of account: Credit Card
2. Date commenced: 01/2003
3. Approx balance: £1,865.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Aktiv Kapital
History
Up to 12 November 2010 have been playing letter tennis with various DAC's but got no where.
12th of November 2010 letter from Aktiv Kapital asking me to settle the outstanding balance
22nd of November 2010 sent Aktiv Kapital a CCA request
24th of November 2010 letter from Aktiv Kapital acknowledging my CCA request who have purchased the rights to recover the outstanding balance but do not hold the original documentation account on hold until such time as they received documentation from the original lender.

[rhinoman]

Re: Rhinoman Unenforceable Diaries

Capital One Bank (6)
1. Type of account: Credit Card
2. Date commenced: 07/2003
3. Approx balance: £1,689.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Capital One Bank, I think that this has been passed around a few DCA
History
Up to 2010 have been playing letter tennis with various DAC's but got no where.
20th of October 2010 sent capital one SAR request.
5th of November 2010 Capital One fulfilled my CCA request. But said they could not have provide a copy of my consumer credit agreement as I had failed to send them a one pound statutory fee though in the bundle of paperwork there is a consumer credit agreement that on the surface appears to be correct and enforceable and I'm no expert.

[rhinoman]

Re: Rhinoman Unenforceable Diaries

B&Q GE Money (8)
1. Type of account: B&Q Project Plan Account.
2. Date commenced: 04/2005
3. Approx balance: £3,520.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: CL Finance

History
10th of August 2010 CL Finance Ltd a CCA
29th of September 2010 received my copy from CL finance of the consumer credit agreement looks good to me but what do I know.
18th of October sent a letter to CL finance asking for statement and a copy of the deed of assignment which and had not been included with the consumer credit agreement.
28th of October 2010 letter received back from CL finance with a copy of the letter they say was sent in December 2006 which was a notice of assignment and a statement the notice of assignment is from themselves not the original lender.
12th of November 2010 letter received from CL finance asking to payment and if I didn't make payment they wouldn't defaulted account Registry on the credit reference agencies.
14th of November 2010 sent letter and e-mail offering full and final payment on account. And pointing out that they had already defaulted the account
14th of November 2010 e-mail received declining my offer a full and final, but saying they would accept the full amount less about 10% discount or words to that effect
15th of November 2010 e-mail them again asked them to reconsider.
17th of November 2010 e-mail from CL finance referring me to their previous e-mail and declining my offer
19th of November 2010 sent letter to CL finance list of current debts balances offers made, another full and final offer or a payment of one pound per month per account token payment
20th of November 2010 Notice of this default sums and default notice But had already defaulted this account on 5 th June 2007 (thought you could only get one default per account)

Note Added have the letter from 2007 but looking at my credit file not sure that they have actually added the default to the file,

Question as they sent me a default notices in 2007 but did not register until say now when they have issued me a new default notice should the default notices run from 2007, Or from now if it's now it means that it will be another six years before it drops off the file could I argue with the credit reference agencies that the default should only run from 2007?

[rhinoman]

Re: Rhinoman Unenforceable Diaries

B&Q GE Money (9)
1. Type of account: Store Card
2. Date commenced: 04/2005
3. Approx balance: £796.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: CL Finance
History
10th of August 2010 CL Finance Ltd a CCA
29th of September 2010 received my copy from CL finance of the consumer credit agreement looks good to me but what do I know.
18th of October sent a letter to CL finance asking for statement and a copy of the deed of assignment which and had not been included with the consumer credit agreement.
28th of October 2010 letter received back from CL finance with a copy of the letter they say was sent in December 2006 which was a notice of assignment and a statement the notice of assignment is from themselves not the original lender.
12th of November 2010 letter received from CL finance asking to payment and if I didn't make payment they wouldn't defaulted account Registry on the credit reference agencies.
14th of November 2010 sent letter and e-mail offering full and final payment on account. And pointing out that they had already defaulted the account
14th of November 2010 e-mail received declining my offer a full and final, but saying they would accept the full amount less about 10% discount or words to that effect
15th of November 2010 e-mail them again asked them to reconsider.
17th of November 2010 e-mail from CL finance referring me to their previous e-mail and declining my offer
19th of November 2010 sent letter to CL finance list of current debts balances offers made, another full and final offer or a payment of one pound per month per account token payment
20th of November 2010 Notice of this default sums and default notice But had already defaulted this account on 5 th June 2007 (thought you could only get one default per account)

[rhinoman]

Re: Rhinoman Unenforceable Diaries

American Express (10)
1. Type of account: Credit Card
2. Date commenced: 05/2001
3. Approx balance: £4,802.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Vil Collections, I think this one been through so many DCA's had no notification of assignment.

History
10th of August 2010 sent Vil Collections a CCA request
18th of August 2010 Last letter from Vill collections offering to negotiate up to 25% discount on settlement of balance
18th of October 2010 sent Vil Collections non-compliance with a CCA request letter

[rhinoman]

Re: Rhinoman Unenforceable Diaries

Good afternoon Niddy
I think of finished the now. I look forward to seeing what happens next!
Regards
Rhinoman

[Never-In-Doubt]

Re: Rhinoman Unenforceable Diaries

Hiya

where are accounts 1, 2 & 3?

[rhinoman]

Re: Rhinoman Unenforceable Diaries

Good afternoon
Numbering relates to the time the debts were being handled by the DMC 1,2 and 3 are all done and dusted, dead and buried gone away no further work required. but it helps to keep the piles of paperwork filed in the right order to use the same numbering.
Thank you
Rhinoman

[Never-In-Doubt]

Re: Rhinoman Unenforceable Diaries

Okies, thanks for explaining that

Leave with me, i'll reply to each point over next few days...... Just email me the agreements yea?

[rhinoman]

Re: Rhinoman Unenforceable Diaries

Hi Niddy
I have e-mailed all the agreements to you on separate e-mails,
Regards Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

A little bit of background to how I find myself in such a mess, expanded by business by opening a shop taking on staff, the shop failed first and then the rest of the business failed as the recession took hold. Realising I was in trouble put myself in my hands of a debt management company who set up of payment programme and then the rest of the business failed as the recession took hold them in August 2009 I stopped making payments through the debt management company, And they subsequently washed their hands with me.

Ok, so you're now doing nothing I presume? Not on any formal DMP and not making any payments?

Things were looking pretty grim and it looked like I was going to have to make myself bankrupt and lose the house making my family homeless, But my Mum and Dad offered to help me out with a loan, and got their solicitor involved for some advice and to draw up an agreement for the money that they were lending and also to place a charge to protect their money on our property.

Has this occurred? I mean, did you get a loan and was a charge placed on your account by your parents?

The solicitor also discussed the various options of what we could do declaring myself bankrupt and using the money from my parents to buy back my share of the asset in the home, or to set everything out in black-and-white and write to the creditors with a proposal for full and final offer and detailing what they might expect to receive if I was declared bankrupt which by his calculations would of been about £.10 in the pound we write to them with an offer of around about £.25 in the pound, I did agree to this plan as it seemed more favourable than making myself bankrupt and all the associated problems that that would bring about. But unfortunately things have not gone well with the solicitors plan as though he did manage to negotiate a With good settlements things have ground to a halt and I fear his costs are out of control. Which is why I decided to start to go down the unenforceable route and take up the job of writing the letters to reduce the potential for the solicitors Bill to be totally outrageous.

Ok, so you've made agreements but not done anything about them? Am I reading this right? Please clarify, exactly what has happened with respect to the solicitor, the loan, the charge?

The solicitor fails to communicate with me so believe me totally in the dark with the exception of a few small tasks that I have asked him to do, which incidentally have not been done yet as far as I know I have asked him not to communicate any further with my creditors I have written to him to ask for an explanation as to what is going on and for a copy of all communications received and sent on my behalf to date I have not received a reply to this request.

I would forget about the solicitor and move forward now - however this depends on whether the loan etc went through, how much the loan was for and what the charge is (if any was added).

I am currently employed on a part-time basis and am just about covering my share of the household expenses but there is no spare money to maintain a payment plan with the outstanding creditors.

Do you live alone, have family, live with parents? Any partner, second incomes? We will try and go for UE across all accounts, but as you own your home the lenders *may* attempt a charging order at some point - bear in mind if your parents have a charge theirs would be first..... the *con* way round this is to give them a bigger charge swallowing up any profits, so that if a lender ever did add a CO your parents would always get their charge first. So, if your house was sold for £200k, with a £100k mortgage and a £50k charge - should *amex* add a charge for their debt of £20k, they would get it after the mortgage and your parents were paid off - only upon sale of the house. However, if your parents had a £110k charge, with the £100k mortgage then *amex* would get nothing as the existing charges take all surplus funds from the house sale.

I never told you that either

I have listed below are listed below my credit cards and loans for which I am trying to negotiate a full and final settlement for and am going down the unenforceable route with the hope that this will give more power to my offers.

How much do you have to pump into offers?

[Never-In-Doubt]

Re: Rhinoman Unenforceable Diaries

Capital One Bank (6)
1. Type of account: Credit Card
2. Date commenced: 07/2003
3. Approx balance: £1,689.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Capital One Bank, I think that this has been passed around a few DCA
History
Up to 2010 have been playing letter tennis with various DAC's but got no where.
20th of October 2010 sent capital one SAR request.
5th of November 2010 Capital One fulfilled my CCA request. But said they could not have provide a copy of my consumer credit agreement as I had failed to send them a one pound statutory fee though in the bundle of paperwork there is a consumer credit agreement that on the surface appears to be correct and enforceable and I'm no expert.

Questions;

1. Why did you send off a SAR and not a CCA Request?
2. What are you arguing about with them? Their letter suggests you were asking for the world.... why?
3. Why do you need copies of all calls between you and the bank?
4. They do not need to send another default notice, however if you;re going for UE then you will be defaulted, you need to accept this and drop any fighting about defaults - you will get defaulted which is what you want!
5. PPi is worked out using the SAR - you basically add the amounts paid each month using the 6yrs worth of statements they should have sent you. Read this for PPi Reclaiming advice: ---> viewtopic.php?f=42&t=53
6. Why do you want to know the banks costs & fee's? They do not and will not supply this plus it is irrelevant. Any account fee's / charges are clearly marked in correspondence/statements sent to you
7. Regards to third parties, they can sell your data - you signed allowing them this privilige as do all card agreements
8. You do not need to send £1 for CCA when you do a SAR as a SAR covers this, ie they should send *everything* they hold about you within the SAR

That answers the points of their letter, however I want to know what you have sent a SAR and why you're asking for such obscure information? Did I say, this is unenforceable anyway so you can forget all the above anyway!

They have sent an application with no reference to the prescribed terms so no matter, it remains unenforceable. That said, you need to avoid any PPi reclaim as well - cos it doesn't matter what the balance is, being you aint gonna pay are you? It's unenforceable!

Respond with the following: ---> viewtopic.php?p=1503#p1503

[Never-In-Doubt]

Re: Rhinoman Unenforceable Diaries

B&Q GE Money (9)
1. Type of account: Store Card
2. Date commenced: 04/2005
3. Approx balance: £796.00
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: CL Finance
History
10th of August 2010 CL Finance Ltd a CCA
29th of September 2010 received my copy from CL finance of the consumer credit agreement looks good to me but what do I know.
18th of October sent a letter to CL finance asking for statement and a copy of the deed of assignment which and had not been included with the consumer credit agreement.
28th of October 2010 letter received back from CL finance with a copy of the letter they say was sent in December 2006 which was a notice of assignment and a statement the notice of assignment is from themselves not the original lender.
12th of November 2010 letter received from CL finance asking to payment and if I didn't make payment they wouldn't defaulted account Registry on the credit reference agencies.
14th of November 2010 sent letter and e-mail offering full and final payment on account. And pointing out that they had already defaulted the account
14th of November 2010 e-mail received declining my offer a full and final, but saying they would accept the full amount less about 10% discount or words to that effect
15th of November 2010 e-mail them again asked them to reconsider.
17th of November 2010 e-mail from CL finance referring me to their previous e-mail and declining my offer
19th of November 2010 sent letter to CL finance list of current debts balances offers made, another full and final offer or a payment of one pound per month per account token payment
20th of November 2010 Notice of this default sums and default notice But had already defaulted this account on 5 th June 2007 (thought you could only get one default per account)

This is enforceable, once you respond regards to the offers in my previous posts, i'll update this.