Spud's UE Diary

[PlanB]

Re: Spud's UE Diary

So they have supplied something but not something that is enforcable

. . . . Would that still be classed as being in default or would they have deemed to have complied with the Sec 77-79 request?

Does that make sense? I've read it 3 times !!!

Paul makes sense of this in his latest blog which should help

http://paulatwatsonssolicitors.wordpress.com/

Basically a creditor can send you rubbish in response to a s.77-79 request and tell you that they believe they have satisfied your CCA request. Only a court can tell them if they are wrong.

If the court decides that they have satisfied your CCA request (sent appropriate documents however illegible or lacking in information) that doesn't stop the court dismissing the claim if the CCA was improperly executed.

In my case Santander vs Mayhew I lost the legal argument on s.78 compliance but won the legal argument on s.61 not properly executed. There are loads of reasons why a credit agreement can be UE.

I hope this makes sense

[Spud]

Re: Spud's UE Diary

Thanks for the replies, I'll read up on Pauls Blog.

I am certainly not stressing about this, Let me reassure you about that

I do understand the UE process and what they have provided is way off the mark so im reasonably confident about this one.

But I am a man of detail and process.....And yes, Sometimes a pain in the arse ( Its a curse, I was born this way and I cannot help it )

I just cannot rest until I have the process square in my mind. It may come accross that I am stressing ect but nothing could be further from the truth.

I am trying to learn to just sit back a bit but its like trying to change the habits of a lifetime!

I just couldnt find a definative answer regarding the fine line between default and compliance in regard to CCA requests and what actually constitutes compliance hence the question

I do appreciate all your help more than you could ever know

[Still Waving]

Re: Spud's UE Diary

Hi Spud

I'm following this thread with interest. I find this particular issue something of a grey area too, but I think the thing is that so do the creditors/DCAs, whatever they may say.

But I am a man of detail and process.....And yes, Sometimes a pain in the arse ( Its a curse, I was born this way and I cannot help it )

I am imagining mummy saying "come on young Spud, eat your din-dins, it's good for you." and 2-year old Spud replying "Yes but what's in it and why is it good for me?"

[MrsD]

Re: Spud's UE Diary

when you get a bit further in you'll amass a collection of these "we definitely sent you an enforceable CCA", "we have complied to the letter of the law", we've checked out your house, we know you live in a castle and we're coming for it, down to we're coming for your doorstep and sending around Godzilla to collect it, thing is they lie, big time, all the time and I don't even think they know it because they know squat about the law, so chill Spud, if Nids says it UE it is until anyone else proves otherwise. All of these lowlives work on a "terrify the peasants" business model, if you need to be truly terrified, we'll let you know and help you out. and I'm not saying it's wrong to get it all square in your head, we've all gone through that, just don't let it interfere with living your life.

[Spud]

Re: Spud's UE Diary

I'm not saying it's wrong to get it all square in your head, we've all gone through that, just don't let it interfere with living your life.

Thanks Mrs D

It certainly doesnt interfere with living my life......I actually enjoy it

Is that a bit wrong ?

I dont drink, I dont smoke.....I have to have some vices

[MrsD]

Re: Spud's UE Diary

[Spud]

Re: Spud's UE Diary

Hi Spud

I'm following this thread with interest. I find this particular issue something of a grey area too, but I think the thing is that so do the creditors/DCAs, whatever they may say.



I am imagining mummy saying "come on young Spud, eat your din-dins, it's good for you." and 2-year old Spud replying "Yes but what's in it and why is it good for me?"

I think you have hit the nail on the head there

And with the dinner...... I've always been a square peg in a round hole.......

[Deepie]

Re: Spud's UE Diary

Thanks Mrs D

It certainly doesnt interfere with living my life......I actually enjoy it

Is that a bit wrong ?

I dont drink, I dont smoke.....I have to have some vices

What's going on here...?

[Spud]

Re: Spud's UE Diary

What's going on here...?

Jeleousy is a terrible thing Deepie

[MrsD]

Re: Spud's UE Diary

terrible thing Deeps

[IF]

Re: Spud's UE Diary

What's going on here...?

Jeleousy is a terrible thing Deepie

terrible thing Deeps

[Spud]

Re: Spud's UE Diary

American Express Credit Card

Start: Feb 2003
Balance: £800 ish
Last Full Payment: Nov 2011
Present: Not making payments
Status: Defaulted. Terminated

2012

Jan18th
Notice of default sums received
Jan20th
Change of Circumstances letter sent ( Posted 21st)
Jan 31st
Your account is overdue letter received
Feb 18th
Notice of Default sums received & latter – Account overdue
Feb 22nd
No correspondence received letter – Complaint ref. telephone harassment & Token Payment
March 1st
Default notice received
March 4th
Arrears Notice received
March 7th
Formal complaint – Harassment by Telephone
March 10th
Still looking into your complaint letter received
March 12th
Further harassment by telephone letter sent
March 17th
Notice of Cancellation received
March 19th
Overdue account letter from Newman ( Assigned whilst in dispute )
March 29th
Newman threat’o’gram – Notice of Legal action – Blah Blah…
April 2nd
Letter – Still investigating your complaint
April 6th
Newman – Threat of field agent visit……..
April 5th
Letter – Please suspend interest ect and token payment
April 13th
Newman – Notice of Further action Threat’o’gram
April 20th
Newman – Attention – Cannot accept your token payments letter
April 19th
CCA request sent
April 30th
Formal complaint still under investigation letter
May 2nd
I do have further information for your investigation letter
May 2nd
Newman – Legal action Threat ‘o’ Gram – A bailiff will be coming to seize my goods
May 4th
Token payment and contact by letter only sent
May 11th
CCA Reply received – Copy of application form
May 15th
Reply to formal complaint – Skirting around the issues
May 25th
Newman – Balance demand letter
June 19th
Token payment and please freeze interest letter sent
June 21st
Newman – Change of name to Transcom
June 29th
Notice of referral to external Collections Agency (Allied Credit)
July 11th
Allied International Credit introduction letter received
July 18th
Token payment and contact in writing only letter sent
August 20th
Token payment and Contact in writing only latter sent
Sept 20th
Token payment and Contact in writing only latter sent
Oct 22nd
Token payment and Contact in writing only latter sent
Nov 17th
Token payment and please stop interest letter sent
Dec 18th
Token payment sent




2013

Jan 21st
Token payment sent

Feb 6th
CCA emailed to Niddy - Niddy says

Feb 11th
AIC - Full and final offer letter
May 6th
American Express settlement offer
May 27th
American Express Settlement offer
June 21st
American Express – Notice of Referral to Brachers LLP
June 22nd
Brachers introduction letter ( Pre action Protocol references)
June 26th
Reply to Brachers -Ammended Account in dispute/Prove it letter sent
June 28th
Brachers – Make payment by XXXXXX or we will issue legal proceedings
June 28th
Subject Access Request sent – Amex
June 28th
Brachers – Thankyou for my letter dated 26th June – Treated as a complaint
June 29th
Reply to Brachers – Reply to LBA ( Pauls letter amended to suit)
July 1st
American Express – Thankyou for your letter dated 26th June – We are investigating your complaint
July 12th
American Express reply – Sent me some more Terms and conditions !!!!
July 12th
Brachers – Now that amex have replied – Please pay in full ect


Just updating my Diary.......Slowly

[Spud]

Re: Spud's UE Diary

NatWest Credit Card


Start: Feb 2002
Balance: £ 4200
Present Situation: Not making payments
Status: Default, Terminated

2011

Dec 19th
Default Sum notice received – Late Payment/Over limit

2012

Jan 19th
Letter received asking for account to be credited with missing payment
Jan 19th
Default sum notice letter received
Jan 20th
Letter sent to NatWest advising of financial hardship and asking to consider token payments
Feb 10th
Request for financial Statement - Sent
Feb 20th
Letter detailing two missed payments
Feb 22nd
Letter sent to NatWest asking for a couple of weeks “Breathing space” to come back to them with a repayment offer
March 23rd
Reply to my above letter – Need complete financial statement – Sent again!!
March 21st
CCA Request Sent
April 5th
Token Payment letter sent with Payment – Contact only Via letter ect
April 16th
No CCA Received to date – Reminder letter sent
April 17th
Reply to my CCA request – Requesting Signatures ( They kept my £1 P/O)
April 19th
Letter received detailing two last payments
April 19th
Letter sent – No signature required ect – Asked them to comply with request as they still had my payment
April 23rd
Request to complete financial statement again
April 26th
Reply to my letter – They state No £1.00 enclosed !!!!! ( As they kept it) and signature required!
May 2nd
Letter sent advising that I have made two Requests for CCA – They kept my fee ect – A formal complaint will be raised if they fail to comply.
May 17th
Account in Dispute letter sent
June 2nd
CCA Reply – Copy of CCA/Terms ect
June 18th
Letter received detailing last two missed payments
June 19th
Letter asking to freeze interest and token payment
June 30th
Another CCA received – Copy of CCA/Terms ect
July 16th
Letter received stating they had not received Financial information/S.O.A.
July 18th
Formal complaint made – Not complying with CCA request/ Asking for details I had sent/Refusal to reduce interest ect
July 26th
Response to my Formal Complaint – Skirting around the issues and not answering my complaint – They cannot agree with the complaint!
Aug 2nd
Reply to my letter 18th July – Will not stop interest ect
Aug 19th
Letter detailing last two payments ect
Aug 20th
Letter contact by letter only plus token payment
Sept 6th
Default Notice Received
Sept 14th
Letter – We are investigating your complaint
Sept 19th
Default Sum notice Received
Sept 20th
Letter – Contact by letter/Freeze interest and token payment
Sept 28th
Account Termination Notice Received
Oct 22nd
Token Payment letter Sent
Oct 25th
Letter – Call us with income details
Nov 17th
Token payment letter sent
Nov 19th
Letter – Not prepared to accept token payments
Dec 18th
Token payment letter sent

2013
Jan 3rd
Letter – Not prepared to accept token payments – Being passed to “our” Debt recovery Department and will “Default” account
Jan 24th
Letter – Please complete a financial statement and an offer of repayment
March 13th
You have failed to comply with our agreement/ Threat External collectors ect
March 20th
Complaint letter – There is not a payment agreement in place ect
March 30th
Sorry we should not have sent that letter ect
May 11th
You have failed to comply with our agreement/Threat External collectors ect
May 13th
Formal complaint – Sent the same letter again that you agree should not be sent
May 25th
Sorry you have a complaint letter – We will investigate
June 7th
It is standard practice to send out these letters ect
June 18th
Triton Credit Services - "Payment Demand"
June 20th
Reply to letter received from June 7th
June 28th
We are investigating your complaint
July 1st
Triton - Urgent action Required
July 2nd
Reply to Triton - Ammended "prove it" letter
July 4th
Reply to complaint - We are only trying to assist you !!!
July 12th
Triton - We have recommended Natwest instruct Solicitors/ threat letter


Just updating my Diary......

[Never-In-Doubt]

Re: Spud's UE Diary

NatWest Credit Card


Start: Feb 2002
Balance: £ 4200
Present Situation: Not making payments
Status: Default, Terminated

2011

Dec 19th
Default Sum notice received – Late Payment/Over limit

2012

Jan 19th
Letter received asking for account to be credited with missing payment
Jan 19th
Default sum notice letter received
Jan 20th
Letter sent to NatWest advising of financial hardship and asking to consider token payments
Feb 10th
Request for financial Statement - Sent
Feb 20th
Letter detailing two missed payments
Feb 22nd
Letter sent to NatWest asking for a couple of weeks “Breathing space” to come back to them with a repayment offer
March 23rd
Reply to my above letter – Need complete financial statement – Sent again!!
March 21st
CCA Request Sent
April 5th
Token Payment letter sent with Payment – Contact only Via letter ect
April 16th
No CCA Received to date – Reminder letter sent
April 17th
Reply to my CCA request – Requesting Signatures ( They kept my £1 P/O)
April 19th
Letter received detailing two last payments
April 19th
Letter sent – No signature required ect – Asked them to comply with request as they still had my payment
April 23rd
Request to complete financial statement again
April 26th
Reply to my letter – They state No £1.00 enclosed !!!!! ( As they kept it) and signature required!
May 2nd
Letter sent advising that I have made two Requests for CCA – They kept my fee ect – A formal complaint will be raised if they fail to comply.
May 17th
Account in Dispute letter sent
June 2nd
CCA Reply – Copy of CCA/Terms ect
June 18th
Letter received detailing last two missed payments
June 19th
Letter asking to freeze interest and token payment
June 30th
Another CCA received – Copy of CCA/Terms ect
July 16th
Letter received stating they had not received Financial information/S.O.A.
July 18th
Formal complaint made – Not complying with CCA request/ Asking for details I had sent/Refusal to reduce interest ect
July 26th
Response to my Formal Complaint – Skirting around the issues and not answering my complaint – They cannot agree with the complaint!
Aug 2nd
Reply to my letter 18th July – Will not stop interest ect
Aug 19th
Letter detailing last two payments ect
Aug 20th
Letter contact by letter only plus token payment
Sept 6th
Default Notice Received
Sept 14th
Letter – We are investigating your complaint
Sept 19th
Default Sum notice Received
Sept 20th
Letter – Contact by letter/Freeze interest and token payment
Sept 28th
Account Termination Notice Received
Oct 22nd
Token Payment letter Sent
Oct 25th
Letter – Call us with income details
Nov 17th
Token payment letter sent
Nov 19th
Letter – Not prepared to accept token payments
Dec 18th
Token payment letter sent

2013
Jan 3rd
Letter – Not prepared to accept token payments – Being passed to “our” Debt recovery Department and will “Default” account
Jan 24th
Letter – Please complete a financial statement and an offer of repayment
March 13th
You have failed to comply with our agreement/ Threat External collectors ect
March 20th
Complaint letter – There is not a payment agreement in place ect
March 30th
Sorry we should not have sent that letter ect
May 11th
You have failed to comply with our agreement/Threat External collectors ect
May 13th
Formal complaint – Sent the same letter again that you agree should not be sent
May 25th
Sorry you have a complaint letter – We will investigate
June 7th
It is standard practice to send out these letters ect
June 18th
Triton Credit Services - "Payment Demand"
June 20th
Reply to letter received from June 7th
June 28th
We are investigating your complaint
July 1st
Triton - Urgent action Required
July 2nd
Reply to Triton - Ammended "prove it" letter
July 4th
Reply to complaint - We are only trying to assist you !!!
July 12th
Triton - We have recommended Natwest instruct Solicitors/ threat letter


Just updating my Diary......

Be careful mate - you don't want them getting SCM on your back.....

Keep an eye open on this one.

[Spud]

Re: Spud's UE Diary

Ok Niddy Will do

They are obviously ramping up a little and to be fair its about time I sent them a good letter.

Ignorance has got me this far already

I might have a look to see what I can find out about Triton/ SCM ect