Rhinoman UE Diary

[Never-In-Doubt]

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?

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

[rhinoman]

Re: Rhinoman UE Diary

Not on any formal DMP and not making any payments?
A;Not currently in a formal DMP and not making any payments at the moment.

I mean, did you get a loan and was a charge placed on your account by your parents?
A;I did get the loan money currently lodged with a solicitor, permission granted by current lender for second charge not sure whether solicitor has completed the work to register the second charge with the land Registry has communicated with me for about three weeks now. I have just sent him an e-mail to try and get an update


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?
A; All creditors were written to with the full and final offer only two accepted and have been settled hence some of the missing numbered accounts.

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).
A; Have sent the solicitor and e-mail to try and get an update

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

A: I do have a family 2 young boys and a wife, partner does have a second income, all of which was taken into account with income and expenditure statement submitted to various creditors as a household income. I agree with you about the charges and it is I think imperative that the solicitor registers the charge with the land Registry as soon as possible if he has not already done so, have just e-mailed him for an update,


How much do you have to pump into offers?
A: The loan was for in the region of X0 K some has already been used in settlements and fees, so there's about X3K left lodged with the solicitor.

[Never-In-Doubt]

Re: Rhinoman UE Diary

jesus how nuch did you pay on offers? £7k on two accounts????

[rhinoman]

Re: Rhinoman UE Diary

Hi Niddy
Thank you for your prompt response, thank you for the good news about the unenforceable accounts.
I will work through the rest of the questions as soon as I can.(family commitments to deal with this evening)
I must admit I do feel like a naughty schoolboy being told off by the head teacher :-)
But I will try and stick to the programme from now on and get the letters sent off that need to be sent.
Regards
Rhinoman

[rhinoman]

Re: Rhinoman UE Diary

jesus how nuch did you pay on offers? £7k on two accounts????

A CCJ in favour of Mercedes-Benz of £1x,xx0 settled for £3x,xx0

NBNA Bank credit card account of £5,xx7 settled for £1,xx0.


A CCJ in favour of the the revenue for £7xx0 reduced to getting a small refund and another small refund to come just awaiting for paperwork to verify, but did cost me £1xx0 for the accountant

Solicitors fees potentially in the region of £.

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hiya

;;L Please, don't think of anything as a "telling off" - its far from it. I just need to know certain things, if you can see the logic as to why I ask then you'll know I know what i'm on about and hopefully, suss out the reason i'm asking for clarity!

So, now you've explained things it makes more sense, ie you paid off CCJ's. Ok, for now you need to dump the solicitor - that is a waste of funds, totally. He'll be rubbing his hands when he hears your name!

Capital One - I'm confused to why you asked them for such info, it is unenforceable anyway so you don't have to reply to those points, however if you're relying on it or thinking of going somewhere with it then yea, it'd be good to know.

Regards to the B&Q accounts, these are both enforceable but for the moment blag it and do not reply with anything. Just sit tight yea?

Citi - it is unenforceable, so respond as detailed above. The others, just send me the CCA when you get it, otherwise do not do anything with them and do not pay or agree to pay anything.

Should make more sense to you..... cheers

[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.

Questions;

1. Why did you send off a SAR and not a CCA Request?

A; For a few of reasons the first one being I had already done a CCA request to the DMC that I thought were handling this account e.g. sent it to the people who had last sent me a letter, but when I didn't get a response and chased it up was told that they were no longer handling the account and had been returned to the original lender,that the solicitor had been told that the DMC were handling the accounts now, so total confusion as to whom to send a CCA request too. Secondly I was thinking I would need to do SAR to reclaim any charges for PPI reclaim.
So in a nutshell, together as much information as possible.

2. What are you arguing about with them? Their letter suggests you were asking for the world.... why?

A; I don't think I am arguing with them, I think I used the wrong letter template.

3. Why do you need copies of all calls between you and the bank?

A; As above think used the wrong letter template

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!

A; As above think used the wrong letter template that don't recall ever receiving a default notice from them anyway.

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

A; I don't think I am doing PPI reclaim now am. I but will read the above link.

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

A; As above think used the wrong letter template.

7. Regards to third parties, they can sell your data - you signed allowing them this privilige as do all card agreements

A; As above think used the wrong letter template.

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

A; I had sent £1 to the last DCA that were handling the account and they said they had passed the account back to the original lender and would forward my request to the original lender but quite clearly they didn't do this and just took the £1 fee, and yes I was under the impression that that paragraph in their letter was wrong and that SAR does cover everything.

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?

A; As above think used the wrong letter template.

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

I am very pleased to hear that this is unenforceable, as when I looked at what was included in the SAR e.g. the piece of paperwork headed credit agreement I thought it was an enforceable consumer credit agreement, but as you have pointed out and on further examination it does appear to be an application form as you have already stated, thank you very much.

You have asked me to respond with the letter in the link above (haven't opened link yet) do I wait for them to contact me because at the moment I don't know who I am dealing with whether it's the original lender or a DCA and having only done a SAR
the original lender one no that I consider this account to be unenforceable. So please confirm if I just do nothing for the time being and sit back and wait and of course not pay them anything or do I need to be letting them know that I'm not paying this because it is unenforceable.

Regards
Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hiya

You should send the template to capital one. They are always the account owner unless they assign the debt using "absolute assignment" which only happens when they sell the debt as business loss. In this case they have only "appointed" DCA's so at the moment you can deal with the original creditor.

Hope that makes sense?

As for the sar, don't worry. I understand you sent the wrong template. Its no big deal but it does answer why they responded as they did. As to that letter, no real response is necessary - just send the template to the creditor.

[rhinoman]

Re: Rhinoman UE Diary

Hi Niddy
Good afternoon just a quick update I have sent of the two letters yesterday as per your instructions let's see what happens next. but have just found out today the solicitor has been off sick and that's why he has not been communicating with me and letter I asked the solicitor to send four weeks ago to Cabot has just been sent today despite me e-mailing his office and in great big bold print asking them not to send their letter with the full and final offer in it so now they can get two letters saying two different things one saying it is unenforceable and another offering a full and final.
How best do I update different activities on the various accounts do are just go in and keep editing and adding is that the best way.
I have been reading dajomel UE diary and was wondering if could have a look at a NBNA CCA it my copy, which I had right from the start this account. Link who own this account now have not yet sent anything as you see my copy is not signed and does not have a signature box don't remember if I signed and sent a copy back the reason I'd like to look at it as it appears not to be enforceable as the PPI insurance is not set out correctly I believe just like the one in dajomel UE diary. (I know my one is not the same company)

Kind regards
Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hiya

Ok, regards to the layout - read this: ---> viewtopic.php?p=6789#p6789 within that thread it links to the "Perfect layout" thread here: ---> viewtopic.php?f=49&t=323

Note the colours used, this is how some people do it, however when you update a particular credit account, you'd quote your last updated diary event.

So, in laymans if you were now in receipt of say a letter from MBNA Bank (4) - you'd create a post this this:

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.

With details of the latest letter here so I can see the exact account you refer to, plus the history plus todays letter.

Make sense?

[Never-In-Doubt]

Re: Rhinoman UE Diary

Hi Niddy
Good afternoon just a quick update I have sent of the two letters yesterday as per your instructions let's see what happens next. but have just found out today the solicitor has been off sick (very seriously ill) and that's why he has not been communicating with me and letter I asked the solicitor to send four weeks ago to Cabot has just been sent today despite me e-mailing his office and in great big bold print asking them not to send their letter with the full and final offer in it so now they can get two letters saying two different things one saying it is unenforceable and another offering a full and final. what a c**k up!!!!!!! :what

Oooops, this is a huge balls up and to be fair, as a result of your previous notice requesting that a letter is NOT sent, the solicitors would be liable to fulfil any accepted F&F offer. I'd be ringing them and speaking to someone in charge and complain like hell and make it clear that if they accept the offer or refuse it and use that against you, ie which affects you financially in any way, then you'll expect the solicitors to foot the cost being it was their fuck up.

[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.

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

6th of December 2010 Sent Capital One Bank the following: ---> viewtopic.php?p=1503#p1503 CCA Query - Missing Prescribed Terms

[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.

7th of December 2010I have been reading dajomel UE diary and was wondering if could have a look at a NBNA CCA it my copy,(I have sent to you by e-mail) which I have had right from the start of this account. Link who own this account now have not yet sent anything, As you can see my copy is not signed and does not have a signature box don't remember if I signed and sent a copy back the reason I'd like to look at it as it appears not to be enforceable as the PPI insurance is not set out correctly I believe just like the one in dajomel UE diary. (I know my one is not the same company)

[rhinoman]

Re: Rhinoman UE Diary

Hiya

Ok, regards to the layout - read this: ---> viewtopic.php?p=6789#p6789 within that thread it links to the "Perfect layout" thread here: ---> viewtopic.php?f=49&t=323

Note the colours used, this is how some people do it, however when you update a particular credit account, you'd quote your last updated diary event.

So, in laymans if you were now in receipt of say a letter from MBNA Bank (4) - you'd create a post this this:

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.

With details of the latest letter here so I can see the exact account you refer to, plus the history plus todays letter.

Make sense?

thank you I think it now makes sense

[rhinoman]

Re: Rhinoman UE Diary

Hi Niddy
Good afternoon just a quick update I have sent of the two letters yesterday as per your instructions let's see what happens next. but have just found out today the solicitor has been off sick (very seriously ill) and that's why he has not been communicating with me and letter I asked the solicitor to send four weeks ago to Cabot has just been sent today despite me e-mailing his office and in great big bold print asking them not to send their letter with the full and final offer in it so now they can get two letters saying two different things one saying it is unenforceable and another offering a full and final. what a c**k up!!!!!!! :what

Oooops, this is a huge balls up and to be fair, as a result of your previous notice requesting that a letter is NOT sent, the solicitors would be liable to fulfil any accepted F&F offer. I'd be ringing them and speaking to someone in charge and complain like hell and make it clear that if they accept the offer or refuse it and use that against you, ie which affects you financially in any way, then you'll expect the solicitors to foot the cost being it was their fuck up.

I have spoken to his secretary on the phone and told her that I am F**King mad, she is going to speak to him tomorrow and get back to me. I'd like to think that I can hold them responsible.