Matt's UE diary

[fluffystuff]

Re: Matt's UE diary

Hi Matt,

So sorry to read about your health problems, I sincerely hope that you are now coping on that score. Sometimes life deals us such a rotten hand that we feel that the game is well and truly over but your luck is now surely changing.
Whatever brought you to AAD was just the start. ( I know that probably sounds crass right now, but it's true!) Whilst your debts must seem insurmountable, believe me, there are others here who had just as much, in some cases more and they all came through.
We will help you tackle these debts one by one and in time, you WILL get your life back on track.

So now , it begins.......

X


( Thanks Alland, for proving my assertions!)

[Matt]

Re: Matt's UE diary

Wow! I'm so touched by your kind words and encouragement. I haven't had much of that for a long time now!

Yes, the only CCA response so far is for MBNA no. 3. It'll email it as suggested. They supplied just 1. an application form and purported referenced tcs and cs and 2. Up to date tcs and cs. No intervening tcs and cs. I'm sure original tcs and cs were not sent to me (I have comprehensive file).

[MrsD]

Re: Matt's UE diary

welcome to AAD

You are in the right place so try not to worry, as we say a lot on here, it's only money and there are much more important things in the world

don't worry about the rest as you should wait and see what(if) they produce but I would get off any CCAs that you haven't sent, is everything else up to date, ie priority bills, rent, electric etc?

[Matt]

Re: Matt's UE diary

Thanks Mrs D,

I did get seriously behind with my mortgage and had possession proceedings against me. Those are now sorted. I still have a thousand or two arrears but am on a fair catch up plan.

I've also got massive utility arrears (a few thousand!) but again have agreed a catch up plan.

[MrsD]

Re: Matt's UE diary

OK, these debts especially the mortgage are much more important than the unsecured debts and must be paid as a priority. So absoloutely no money to the unsecured guys until you've got the mortgage and electricity sorted out and of course you've got to eat.

you seem to have got a grip of it all, just let's tootle along until you start getting replies from your creditors.

remember to email the stuff you've got to Niddy, don't blank anything out and put your user name on the top line so that Niddy can match it up.

let's see what he comes up with

[Slickfm]

Re: Matt's UE diary

Good luck Matt, you have found the right place stay focused and things will get better. The help you will get from all the folk on here is priceless

[Never-In-Doubt]

Re: Matt's UE diary

MBNA (card 3 of 3)

Date commenced - 1997

Approx balance - £12,000

Date last paid - June 2012

arrangement or not paying - not paying

Status - default in October 2012

Account owner - ?

HISTORY

MAY 2013 - CCA request to MBNA
JUNE 2013 - account in dispute letter
JUNE 2013 - MBNA send:
1. signed application form with tcs and cs in separate document
2. current tcs and tcs
3. CCA response covering letter from MBNA shows zero balance. Query whether because assigned?
No intervening tcs and cs supplied. Query whether documents enforceable? Can someone kindly take a look at them for me? Not sure what to do next. Tcs and cs were not sent to me originally (I have comprehensive file).

Hi sorry for the delay.

Ok, so this is unenforceable. Basically the agreement they sent clearly shows it was a flyer type that you folded and licked and returned. Fine. So we move to the little slim terms that was part of that, then read it – yes it outlines the main Prescribed Terms – again fine, but now read it all close up. This mentions terms that are CLEARLY not the same as the ones they sent you, for example they mention in term 3 (on the slim terms)

3. Within 26 days after the relevant statement date, you must
make either the minimum payment shown on the statement or
any larger payment chosen by you. unless we allow a payment
holiday under condition 9.4.

Yet if you now go to the main terms, ie page 5 of the upload you sent me then you’ll see that these stop at 9.3 so they are not your terms as 9.4 does not exist. Likewise, on page 1 of the upload you’ll see it states that you should:

Please refer to your Credit Agreement for conditions 8 and 9

Well we just did that and they are not the same so that’s unenforceable as clearly you never seen these terms, nor did you see term 8&9 prior to receiving the card (as it was a small flyer leaflet)….

See where we’re going with this

It’s ue. Respond with this --> CCA Query - Missing Prescribed Terms - allaboutDEBT UK

Niddy

[Matt]

Re: Matt's UE diary

MBNA (card 3 of 3)

Hi Niddy,

Thank you so very much. I am enormously grateful. It is so good of you to help.

Yes, I now see that the documents do not marry up. I will send the letter as you suggest.

Cheers

M

[Never-In-Doubt]

Re: Matt's UE diary

Good man. Keep us updated

* replied to email

[Matt]

Re: Matt's UE diary

Quick general point: should I send ALL letters by recorded post?

[Pixie]

Re: Matt's UE diary

It's better if you do, though I have to confess that, as I've got further down the line, I haven't always

[SXGuy]

Re: Matt's UE diary

Agree with Pixie, I must say, I send CCA requests recorded, and letters in reply to any possible litigation, the rest I send normal post.

But if you feel happier sending everything recorded, then carry on doing so.

On a side note, its amazing how many MBNA's agreements seem to fall short on the T's and C's, nearly everyone ive seen refer to paragraphs missing from the T's and C's they supply.

[Matt]

Re: Matt's UE diary

CO-OPERATIVE CREDIT CARD

Date commenced - ?

Approx balance - £12,000

Date last paid - sometime in 2012

arrangement or not paying - not paying

Status - ?

Account owner - Lowells

HISTORY

MAY 2013 - CCA request to Lowells
MAY 2013 - Lowells say asking Co-op for copy
JUNE 2013 - Lowells write again to say once it's retrieved from archives will demand payment in full
JUNE 2013 - account in dispute letter sent
JUNE 2013 - Lowells write again to say Co-op still trying to retrieve from archives and that account on hold in meanwhile.

JUNE 2013 - SAR sent
Note: this card does not appear on my credit file!!

Letter from Lowell today says Co-op has advised that:
*CCA no longer available due to length of time since account was opened.
* Lowell are conducting an investigation into the account which will remain on hold until an outcome is reached

Is this is good as it sounds?

[SXGuy]

Re: Matt's UE diary

Yes this is very good! congratulations, keep that letter very safe.

It doesnt matter how much investigating Lowell do, if they havent got it, they havent got it.

[Deepie]

Re: Matt's UE diary

Letter from Lowell today says Co-op has advised that:
*CCA no longer available due to length of time since account was opened.
* Lowell are conducting an investigation into the account which will remain on hold until an outcome is reached

Is this is good as it sounds?

No it's better.....

Like SX says keep that letter very safe.