Adinuff's UE Diary

[Adinuff]

Re: Adinuff's UE Diary

Adinuff, please ask your friend to register adding you as the referrer so we don't ban him, thinking he's a spammer from Sweden!! Ask him to start a UE diary listing all debts as you have done and Niddy will see if he can help.

IF...x

thanks soo much. Have sent an email to him already. Hopefully he can get started and Niddy can help him too

Adinuff

[Adinuff]

Re: Adinuff's UE Diary

Barclays Bank (joint current account)

Balance approx £4785.11

Default date 08/2006

Default amount £6011

DMP (Payplan) - £13.89 monthly

Barclays Bank Plc CDS Collections

21/01/13 - SAR sent
21/02/13 - SAR received. All statements received.Need advice on claiming back charges and validity of OD if applicable

06/03/13 - CCA request sent as per template on Overdrafts section

07/03/13 - reduced payment to £1

14/03/13 - Received letter back from Barclays stating : You have asked copies referring to Consumer Credit Act. Sections 77 and 79 do not apply to running account credit agreements, such as overdrafts. therefore they are irrelevant to your current account overdraft. Section 78 does apply to running account credit agreements, but it refers to "executed agreements(if any)"
Barclays standard practice means that customers did not sign agreeements for overdrafts on current accounts so no executed agreement within the meaning of section 78. (provided at relevant time) that overdrafts on current accounts do not need to be documented in the same way as loans and CC agreeements. Section 78 also refers to a statement of accounts, which will be provided upon payment of £1.

Hi Everyone,
Recieved reply back from Barclays about current account. Can you please advise.

Adinuff

[Never-In-Doubt]

Re: Adinuff's UE Diary

Use the s.74 overdraft templates....

--> Overdrafts - CCA Information - allaboutFORUMS

[Adinuff]

Re: Adinuff's UE Diary

Use the s.74 overdraft templates....

--> Overdrafts - CCA Information - allaboutFORUMS

hI NIDDY,
So do i follow up with the "response template" and the original letter sent again?

adinuff

[Deepie]

Re: Adinuff's UE Diary

hI NIDDY,
So do i follow up with the "response template" and the original letter sent again?

adinuff

Just send -----Part 2 - The Response

[Adinuff]

Re: Adinuff's UE Diary

Noooo - you do not need to do this!!!

Send this back!

Hi Niddy,
have had a response back saying its not CCA1974 procedure but there own procedure that requires a signature

Adinuff

[ScabHunter]

Re: Adinuff's UE Diary

have had a response back saying its not CCA1974 procedure but there own procedure that requires a signature f

Ha! Ha!

So, now they think they have the right to override the laws which have been passed by our elected Parliament! Is there no end to their arrogance?

The request was made pursuant to the Consumer Credit Act 1974, and not to any idiotic “procedure” they may have invented. The facts remain unchanged – the request remains legitimate, they are in default of it by refusing to respond, and while the default endures, enforcement is prohibited.

Simply point this out to them.

SH

[Adinuff]

Re: Adinuff's UE Diary

Ha! Ha!

So, now they think they have the right to override the laws which have been passed by our elected Parliament! Is there no end to their arrogance?

The request was made pursuant to the Consumer Credit Act 1974, and not to any idiotic “procedure” they may have invented. The facts remain unchanged – the request remains legitimate, they are in default of it by refusing to respond, and while the default endures, enforcement is prohibited.

Simply point this out to them.

SH

Hi Scabhunter,
I have replied 4 times to them. Stating everything possible. Seems they are just not playing game. I have stopped payments to them anyhow. You think a complaint to ombudsman is next correct thing to do?

Adinuff

[ScabHunter]

Re: Adinuff's UE Diary

Hi Scabhunter,
I have replied 4 times to them. Stating everything possible.

Be patient. There may be a few more replies needed yet.

Seems they are just not playing game.

Playing a game is exactly what they are doing, but it is a game which in the end they cannot win. If the deadlock endures for six years, they will lose due to the limitation clock expiring.

I have stopped payments to them anyhow.

Good. That is essential, as each payment or written acknowledgment of the alleged debt restarts the limitation clock.

You think a complaint to ombudsman is next correct thing to do?

I wouldn't do that just yet. In the first place, you can only go to the Ombudsman once you have exhausted the complaints procedure of the organisation itself. Secondly, the Ombudsman is always reluctant to become involved in disputes surrounding legislation, as they deem this to be a matter for the courts. Finally, and most importantly, why should you need to do anything? They have put themselves into a situation of default due to their own intransigence, so why do anything which would help them escape from that?

SH

[Adinuff]

Re: Adinuff's UE Diary

Be patient. There may be a few more replies needed yet.



Playing a game is exactly what they are doing, but it is a game which in the end they cannot win. If the deadlock endures for six years, they will lose due to the limitation clock expiring.



Good. That is essential, as each payment or written acknowledgment of the alleged debt restarts the limitation clock.



I wouldn't do that just yet. In the first place, you can only go to the Ombudsman once you have exhausted the complaints procedure of the organisation itself. Secondly, the Ombudsman is always reluctant to become involved in disputes surrounding legislation, as they deem this to be a matter for the courts. Finally, and most importantly, why should you need to do anything? They have put themselves into a situation of default due to their own intransigence, so why do anything which would help them escape from that?

SH

Hi Scabhunter,
Shall i just sit tight now or draft a letter? If so any suggestions are more than welcomed.

Thanks

adinuff

[MrsD]

Re: Adinuff's UE Diary

I would just sit tight for the moment

chill

[ScabHunter]

Re: Adinuff's UE Diary

I would just sit tight for the moment

chill

Agreed. Their own intransigence has placed them in default of your legitimate request, so just see what idiocy they come up with next.

SH

[Adinuff]

Re: Adinuff's UE Diary

They should be asking you for more info to find it, not just giving up.

In any case, I would be complaining to everyone in sight - heading my letters to the lender 'FORMAL COMPLAINT', because they must respond to a formal complaint.

Hi DTMM,
Just remembered need to send a formal complaint. Any template in mind and who shall i send too?

Adinuff

[Adinuff]

Re: Adinuff's UE Diary

HBOS Card (mine)

Balance Approx - 7025.26

Default Date 05/2006

Default Amount £8500

DMP - Stopped Payment

Sold - Cabot (EOS Solutions)

21/01/13 - SAR & CCA request sent

04/02/13 - Letter recieved stating can pickup SAR from local branch providing identification

18/02/13 - Reconstituted copy of agreement sent


21/02/13 - original CCA sent

02/03/13 - Niddy says unenforceable at moment

05/03/13 - Sent off letter stating missing P & T's

07/03/13 - Stopped Payment

01/04/13 - Recieved letter off EOS Solutions stating i have broken the agreed payments. Therefore arrangment is in default. Failure to respond will result in collection activites resuming on your account.

21/06/13 - Letter recieved from Cabottom "Thank you for your request for information under CCA 1974. Cabottom currently does not have thios information on file. We have requested this information from original lender" Gonna wait and see

[Adinuff]

Re: Adinuff's UE Diary

HBOS Card (mine)

Balance Approx - 7025.26

Default Date 05/2006

Default Amount £8500

DMP - Stopped Payment

Sold - Cabot (EOS Solutions)

21/01/13 - SAR & CCA request sent

04/02/13 - Letter recieved stating can pickup SAR from local branch providing identification

18/02/13 - Reconstituted copy of agreement sent


21/02/13 - original CCA sent

02/03/13 - Niddy says unenforceable at moment

05/03/13 - Sent off letter stating missing P & T's

07/03/13 - Stopped Payment

01/04/13 - Recieved letter off EOS Solutions stating i have broken the agreed payments. Therefore arrangment is in default. Failure to respond will result in collection activites resuming on your account.

Hi Guys recieved letter from EOS Soltions. Shall i sent Account in dispute template back? I also forgot to put this account in. now its on Page 5. Can i move this up the thread. So all my creditors are in one place?

Adinuff