Matt's UE diary

[SA Gold]

Re: Matt's UE diary

I think it's a full house 3/3 mate (£42k as well)

Well Meatloaf said two out of three ain't bad so three out of three is just amazing! 42K too

[greymatter]

Re: Matt's UE diary

Great stuff,a case of two's company but three is so much better.Nice one.

[Matt]

Re: Matt's UE diary

This is also

Reason? Well they sent the terms, second page of your upload, which clearly mentions term 9.4, for example. So we then look at term 9 (9.4 is not there) which reads:

9. We will not charge interest on the outstanding amount of a Retail Transaction shown on the latest statement r! the whole Account balances as shown on the previous and latest statements are paid within 28 days after the relevant statement date.

So then we read the attached 'recon' terms, which you assume will have term 9.4, being as they mention it on the application - however at point 7.2 the terms stop to be replaced with -

Please refer to your Credit Agreement for conditions 8 and 9

And then goes on to term 10.

These terms are NOT relevant to this account and hence the account is unenforceable.

Respond as follows --> CCA Query - Missing Prescribed Terms - allaboutDEBT UK

Thanks so very much Niddy. )) I have been unwell and have only just seen this. Fantastic news. I will write re this card as you suggest.

[Matt]

Re: Matt's UE diary

Hi all,


I've been struggling with my ill health and therefore haven't posted for ages. I just wanted to express my thanks again for all the very helpful advice. I've got a long way to go to get out of the financial mess, but I've made a lot of progress with your help. I'll update my various existing debt entries and add some details of smaller ones that I only mentioned briefly before, as the latter are starting to hassle me, but I don't feel on such strong ground with them as I do the big ones.

[IF]

Re: Matt's UE diary

Hi Matt, so sorry you've been ill

I'm so pleased you are now on stronger ground dealing with your accounts too

[Matt]

Re: Matt's UE diary

NATWEST BUSINESS CREDIT CARD


Date commenced - 2008


Approx balance - £650


Date last paid - around February 2013


arrangement or not paying - not paying


Status - default in around August 2013


Account owner - Westcott (but query whether assignment)


HISTORY


Jan and Feb 2014 - Westcott sending letters with ever increasing frequency, threatening proceedings

I haven't done the calculations, but I estimate that virtually all this debt will relate to late/non payment charges. Is there any basis in which I can challenge these given it was a business credit card? Can I use hardship and the fact that I have an incurable serious illness (which was the cause of my finances getting messed up) as a reason for asking for charges to be refunded? Or does this not work because it's a business credit card and therefore I don't have consumer credit rights? Also, should I write to Westcott or NatWest? Any comments on these points much appreciated. Incidentally, not sure if this is significant, but this debt does NOT appear in my credit files.

[Pixie]

Re: Matt's UE diary

Hi Matt. Sorry to hear about your illness

I'm not sure what difference being a business credit card would make...I'll have to go and do some reading up but I'm sure someone will be along who will know the answer.

[Matt]

Re: Matt's UE diary

NATWEST BUSINESS CREDIT CARD


Date commenced - 2008


Approx balance - £650


Date last paid - around February 2013


arrangement or not paying - not paying


Status - default in around August 2013


Account owner - Westcott (but query whether assignment)


HISTORY


Jan and Feb 2014 - Westcott sending letters with ever increasing frequency, threatening proceedings

I haven't done the calculations, but I estimate that virtually all this debt will relate to late/non payment charges. Is there any basis in which I can challenge these given it was a business credit card? Can I use hardship and the fact that I have an incurable serious illness (which was the cause of my finances getting messed up) as a reason for asking for charges to be refunded? Or does this not work because it's a business credit card and therefore I don't have consumer credit rights? Also, should I write to Westcott or NatWest? Any comments on these points much appreciated. Incidentally, not sure if this is significant, but this debt does NOT appear in my credit files.

18 Feb update: I've one been through the statements and I see I was wrong in my recollection. There are not many charges on this account. I'm therefore writing to NatWest to ask that they consider writing off the debt in view of my severe financial hardship and serious health conditions. I can only try!

[nanna58]

Re: Matt's UE diary

Hiya how are things?

[Matt]

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.
JUNE 2013 - Niddy advises that UE. Missing prescribed terms letter sent to MBNA.
JUNE 2013 - SAR sent
OCTOBER 2016 - after very long silence, MBNA say that selling debt to Arrow Global
OCTOBER 2016 -Arrow Global send me notice of assignment and say Capquest is managing the claim
OCTOBER 2016 - Capquest write to confirm managing my account and want to know about my circumstances
OCTOBER 2016 - Capquest start ringing me up

Firstly, let me thank ADD again for all the previous amazing help. Although my illness is now much worse, I have at least enjoyed a long period without being hassled by creditors.

After years of silence, MBNA have recently written to say they've sold the debt and I've then had follow up letters from Arrow Global and Capquest. It's a bit confusing because MBNA stated zero balance in 2013! More importantly, Niddy advised that UE. Do I just ignore these letters as they don't actually demand payment or threaten? Or do I say that UE? I'm also stressed that calls and texts from Capquest. Many thanks in advance.

[MrsD]

Re: Matt's UE diary

just ignore everything for now unless it's from a solicitor, let us know what comes in and what they are saying if you have any doubts at all.

no panicing, it will be fine

[Matt]

Re: Matt's UE diary

Thanks for the reassurance Mrs D.

[nanna58]

Re: Matt's UE diary

Yep no panicking and hone your ignoring skills......don't tell them anything xxxx

[The Tech Clerk]

Re: Matt's UE diary

Next capquest pass to Shoesmiths Solicitors no doubt??? seems to be their way at present, see what happens if anything!

[Pixie]

Re: Matt's UE diary

Please don't let the Capquest calls and texts stress you out. I know the others have said not to respond to Capquest but I think you should send the Telephone Harrassment letter which you will find in the templates section of AAD+. You could add an extra line saying that you have a long term illness and the calls are making you worse. Hopefully then the calls and texts should stop.