cardio's Diary

[cardiac arrest]

Re: cardio's Diary

So, like many others on here, my DCA has tried to mislead me by sending a document that is not what they said it was. Apart from the fact that if I wasn't on here getting to know things then I might have just accepted this through ignorance, it is also an unlawful act by the DCA, by deliberately misinforming me and threatening collection on the back of it...'we trust payments will now continue to be made to the account'.

More ammunition to hit them back with. Niddy sent me a draft letter template to use for responding to the DCA which I'll be sending recorded delivery tomorrow.

As far as the OC, well they've never responded and have had all 3 CCA letters, so I suspect they are forwarding my queries to the DCA. I think I will now ignore them as my last letter did say 'no further correspondence is necessary' ...until they comply with my CCA's..why should I waste my time and money writing further if they clearly are not interested ? They might have to think again though as events start to unfold.




wey hey !!

[Never-In-Doubt]

Re: cardio's Diary

Nice one. First down and UE

[cardiac arrest]

Re: cardio's Diary

Hi there and welcome to AAD

It would be helpful if you could list your debts in the following format, one post per debt, so we can see more clearly where we stand with each one of them:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

Any questions just shout!

Thanks Niddy for having a look at this for me !!

[cardiac arrest]

Re: cardio's Diary

Great idea...it is Friday after all...pop into the Bankruptcy Arms and I'll pour you one...red or white?

Ha ha...Pint of each please...!

[Pixie]

Re: cardio's Diary

Maybe I should wait for Niddy to look at the docs I sent, and perhaps go and have a glass of wine and chill out...

I've got say though, having support and advice on here means SO much to me ...I can't thank you enough already..

Great idea...it is Friday after all...pop into the Bankruptcy Arms and I'll pour you one...red or white?

[cardiac arrest]

Re: cardio's Diary

I thought I had read somewhere that proof of deliverance should be provided if an OC was put to proof they had indeed complied with the legal requirements to notify the debtor. Maybe I should SAR the OC ?

One factor is unenforceable, another is not entitled. I guess I'm just trying to stack up more ammo'. An UE agreement can , it seems, be made enforceable by cobbling up documents that 'looked like' or 'might have been similar to' and be patched together, placed before a Judge who then decides on 'probability'...and that's a lottery..

Absolute assignment gives the DCA the right to take me to court if they so wish, or they could just 'threaten' me with court action..if I knew they didn't have the full legal assignment I would know 100% that they are bluffing and save myself from stressing about it I suppose.

I know you'll think I'm worrying needlessly about too many things, but that's what it does to you isn't it..you worry about every angle and you try to find blockers for all of them..well I do anyway

Maybe I should wait for Niddy to look at the docs I sent, and perhaps go and have a glass of wine and chill out...

I've got say though, having support and advice on here means SO much to me ...I can't thank you enough already..

[cardiac arrest]

Re: cardio's Diary

It will probably resolve it because, from what you've said above, it seems to be unenforceable, which is what you're looking for!

Let's hope Niddy's verdict confirms that! No worries, I've been called worse things...

Thank you.........

As I am dealing only with the DCA (it seems), as the OC has never ever responded.. and I know when the DCA came on board nearly 3 years ago I just got the frighteners and rapidly negotiated a token payment...which at the time I was happy to do to stop them knocking on my door....but I never had an assignment notice from the OC or the DCA (I didn't know about this stuff then). Now I know, and I'm starting to engage brain, I'm thinking ..'who are these guys anyway ?'

I accept I moved address a few times and post didn't find it's way to me maybe..but shouldn't assignment be sent recorded delivery ?

Also, what 'rights' do I have to see the proof of ownership ? I have asked for the 'Deed' of assignment...but they say this contains details of other accounts and is confidential, however we would produce it in court should that be required. Wtf !!

It is important I know if they have absolute assignment or merely the rights without the duties...is this actually contained in some legislation somewhere..all I see is stuff about the OC, it's not part of the prescribed terms, so where would it be ?

[cardiac arrest]

Re: cardio's Diary

Could be trouble a brewing

Oooooooooh Nooooooooo... I see what you mean...!!



sorry Flowerpower....

edited...

[ken100464]

Re: cardio's Diary

Thank you Flowerpot

Could be trouble a brewing

[cardiac arrest]

Re: cardio's Diary

Thank you Flowerpower

I have emailed Niddy as you suggested.

The info the DCA gave me in an eventual response to my CCA was--

a)I had a poor copy of my application form sent back to me
b) they sent a few pages of a supposed agreement the DCA
has/had with Sainsbury's which somehow they think proves my
'agreement' was part of it and that I'm supposed to 'assume' they
have full 'rights and duties'....
c) No T & C's

Impressive eh ?

They concluded with..."We trust this now resolves the matter "

[SXGuy]

Re: cardio's Diary

SB applys to from the date you stop paying or acknowledging the debt to a full 6 years, it doesnt mean you cant communicate with them.

The templates are designed in a way so you dont admit liability, which for SB purposes is fine.

[cardiac arrest]

Re: cardio's Diary

The DN and NoA issues really only come into play if they ever took you to court. Hopefully you'd have kept the envelope the DN came in... even if not, hold on to those documents. There's no need to discuss them with the creditors or DCAs at this stage. ~~~The DN was dated 15 May 2008, and the date given on the letter/DN notice to was to pay before 29 May 2008..that's 14 days with no allowance for postage ..don't worry, I've got all the documents, letters and most statements..
It may well be off your CRA file but it won't be Statute Barred because you've been paying £1 a month. As long as you carry on paying, it will NEVER be SBd! ~ I've stopped paying when I got no satisfaction from the CCA requests..SB will only apply if no contact for 6 years..and I can't stop them writing to me...maybe you could clarify if this is the case ?...or is it just no payments for 6 years ?
If your debts are UE, why would you want to do this? A DRO will be a fresh black mark on your credit file, just when all your defaults are about to drop off! ~ well hopefully they will either give up,or agree a settlement figure...Am just saying that the final option could be a DRO if the DCA don't come to an arrangement with me.
For now, just list your debts as indicated above along with their responses to your CCA requests and any correspondence as well as whether you are still paying your £1/mth or not. Once you've done that we can see your overall situation. ~ Done...

Take a look at this ---> Help with Unenforceability - allaboutFORUMS

At the moment I am wondering what my next step might be. I know I have 'ammo' to stall and frustrate them but not to win the battle. Only their admission they do not have the proof of a legitimate contract etc can do that...so I wonder what they will 'cobble' up.

[cardiac arrest]

Re: cardio's Diary

Hi there and welcome to AAD

It would be helpful if you could list your debts in the following format, one post per debt, so we can see more clearly where we stand with each one of them:

• Type of account ~ Credit Card
  
  
• Date commenced ~ December 2002
  
  
• Approx balance ~ £8,000
  
  
• Date last paid ~ July 2006
  
  
• Are you on arrangement or not paying ~ paying £1 pm up to July 2012.
  
  
• Status ~ default
  
  
• Account owner ~ DL and C
  

Any questions just shout!

I stopped paying the £1 when I started the CCA process in August 2012

17 Aug 2012 ~ sent letter to DCA for details to substantiate their legality to claim
3 Sep 2012 ~ sent CCA letters with £1 to OC and DCA, recorded delivery
28 Sep 2012 ~ sent 2nd CCA letters to OC and DCA asking for same; Rec Del
18 Oct 2012 ~ sent 3rd CCA letters to OC and DCA stating unenforceable due to not complying with CCA requests; Rec Delivery
23 Oct 2012 ~ reply from DCA with poor copy of an application form and something like a copy of an agreement between them and the OC regarding buying debts..."apology for delay we have been sending replies to your old address, here are the copies. We trust this now resolves the matter."
2 Nov 2012, emailed above to Niddy for advice on compliance
4 Nov 2012. reply from Niddy... Unenforceable !!
5 Nov 2012 ~ Sent letter to DCA asking for them to prove their legal interest in the account to establish their rights to communicate with me on this matter (Notice of assignment/Deed of assignment) before I discuss the matter further.
5 Nov ~ ...call on my mobile phone from OC !!! didn't answer but they sent me a text then and asked my to phone them...Blimey Crikey..somethings happening. This is despite my previous instruction that all communication should be in writing only
6 Nov 2012 ~ Another call from OC..suspect this might be to do with my reclaim for charges /fees which is now with FOS...didn't answer...let them put anything in writing.

[cardiac arrest]

Okay, first post on first day on this site...
I'll not go through the whole story but will just say where I am now.

I have sent 3 CCA recorded delivery letters each to the OC, the OC's agent and the DCA...the last letter is out of time for a reply, in fact no one has replied to any of these CCA and CPUTR requests.

I must admit I'm playing a bit of a game with the OC (Sainsbury Bank) because they didn't treat me very well when I needed help back in 2006.

They issued a DN and did my CRA file back in 2008 and passed debt to their agent. In 2010 agents/OC sold debt to DCA. I don't really have an issue with the DCA to be honest, I'm paying £1 pm off an £8k+ debt and they're not nasty to me, even though they will not reply to me CCA's.

So what am I doing you might ask ? Well ,Sainsburys really screwed me for some £1,500 in fees and charges between 2006 and 2008, which they didn't need to do. I wrote them and asked for it to be refunded but they declined, so I've sent my case the ombudsman to rule over.

In addition the OC never sent me a Notice of assignment, plus they issued me with a defective DN (not enough time allowed to redress).
They don't know this yet.

I can not find out what the assignment was to the DCA (equitable or absolute) but whatever, the DCA has a problem (they don't know about yet) because the DN was defective, and the amount is in dispute plus they have failed to comply with my CCA and CPUTR requests, so the 'agreement' is unenforceable.

Even if suddenly all the CCA stuff turns up (which will be impossible as there is no signed agreement with all the prescribed terms (this is 2002), although they may cobble together something they think they can take to court)...but say they do..and the DCA do this, then I mention the dispute on the amount with the OC... let them sort that , then I could mention the defective DN...let them sort that one out...if I win the Ombudsman case they have to change the amount on the DN.

Can you see where I'm going with this...the end game is ideally they will give up...in 2 years it is off my CRA file...if they don't give up and do get me in court...I can't pay more than £1 pm...I'm on benefits...

The final thing will be getting the debt written off thru' a DRO...so really I can not lose...I don't need to borrow , I rent my house..my car is worth not much...I just want rid of the debt.

So, I am sat here wondering what to do about no replies to my CCA's...sit tight and wait for the DCA to ask why I am not paying my £1 pm ?..I did mention to them it will take over 600 years to pay the debt off at this rate...but...they didn't reply !