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  • Chaplins diary

    Hello AAD members this is the start of my diary-hope i set it out correctly.

    Bit of background, I am currently suffering with anxiety and depression and on IB and have been for a number of years now, my partner works part time and is on a DMP with Payplan, we have two children, house is Mortgaged with about 60k equity
    I had good jobs working for huge energy companys and media organisations, not Murdochs without boring you with details I probably had a nervous breakdown without being hospitalised, my pride.... lost a lot of friends id had from school, I had been through 4 or 5 years of stress, looking back a hell of a lot of stress and run into debt and couldn't pay my bills.
    Although im in debt, im quite savy with money and took a risk putting my mortgage onto a tracker that tracks 0.25% above base rate for life, its saved our home if im honest, for now anyway.

    I will add to the diary but for now ill start with MBNA who sold my account to Arrow global in 2011 i think!
    I was paying MBNA or there collections £5 pm, they sold the debt to Arrow global and Frederickson international were running the acc for them, I continued to pay MBNA who forwarded it to Fredrickson, I was paying by post office card.
    Lots of letter tennis between me frederickson and Bryan carter-threats from Bryan carter about court claims, loads of phone calls as you can guess.
    in the end after help from someone I wrote them a letter stating they were harassing me, id been paying what i could afford to MBNA and now they purchased the debt I would continue paying them £5.
    I wrote and told them that when they purchased the debt, they must have been aware of my situation and so I would continue to pay what i had agreed to pay MBNA.

    They backed off until last week when out of the blue they Arrow Global sent me a reply to a cca request id sent Carter or Frederickson with a CC agreement, not dated but signed.
    So im presuming they are going to try for a CCJ and wanted to know if it was UE or not.

    MBNA credit card

    date commenced 2003

    Approx balance £4529


    Date last paid not to sure of the date i made a last full payment


    I Was paying £5 pm to MBNA and then to Frederickson international on behalf of Arrow global


    Defaulted March 2011


    Account owner Arrow global Guernsey, although they say communicate via Manchester office, was communicating with Frederickson international and Bryan carter.


    I will email Niddy now.

  • #2
    Re: Chaplins diary

    Emailed Niddy

    Comment


    • #3
      Re: Chaplins diary

      I would say that from face value this is UE based on the fact they refer to terms that are not present.

      Look at image img20018.jpg and the top line clearly states that you must agree to term 11 – where is term 11 though? Hence I would respond as follows:

      --> http://www.all-about-debt.co.uk/inde...escribed-terms

      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #4
        Re: Chaplins diary

        Well done on starting the thread Chaplin...and good news to start

        I would stop paying them too.
        Let your smile change the world but don't let the world change your smile


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Re: Chaplins diary

          Originally posted by Never-In-Doubt View Post
          I would say that from face value this is UE based on the fact they refer to terms that are not present.

          Look at image img20018.jpg and the top line clearly states that you must agree to term 11 – where is term 11 though? Hence I would respond as follows:

          --> http://www.all-about-debt.co.uk/inde...escribed-terms

          Thank you for looking at my docs and for the prompt reply Niddy

          can I just ask about the 7 pages they sent with there agreement?
          it starts in bold by stating(credit card agreement regulated by the consumer credit act 1974)
          Followed by my new address, not the address I where i was living at when i originally took out the card.

          Are these 7 pages the reconstituted agreement? Apologies if that's stating the obvious, lol as you can tell I don't know a lot about CCA's or terms and conditions.

          i can send a scan of the first page if you would like to see it Niddy?

          Arrow global letter covering letter to me states

          The office of fair trading deems recon agreements acceptable for situations where an original copy is unobtainable.
          it goes on to say
          In December 2009 the high court ruled that a true copy of an agreement photocopy or an exact copy of the original. a creditor is allowed to provide a recon agreement as long as that version is accurate and it contains all the original information contained in the agreement, apart from a few exceptions that the law allows, which includes signature, signature box and date of signature.

          I really appreciate your help Niddy, thanks so much for taking the time to offer advise to me.

          Comment


          • #6
            Re: Chaplins diary

            Scrap that, just read the letter you advised me to reply to them with.

            Comment


            • #7
              Re: Chaplins diary

              Letter sent off Rec delivery today, after a nightmare with my printer!
              will keep you updated

              Comment


              • #8
                Re: Chaplins diary

                Just received a letter from Arrow global saying they don't agree with me and they are going to pursue me for the balance, could someone tell me how to scan an image up to the forum please?
                Thanks

                Comment


                • #9
                  Re: Chaplins diary

                  Originally posted by Chaplin View Post
                  Just received a letter from Arrow global saying they don't agree with me and they are going to pursue me for the balance, could someone tell me how to scan an image up to the forum please?
                  Thanks
                  ---> User Guide - How Do I add Attachments to my Message?

                  Don't forget to delete any personal information....
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: Chaplins diary

                    Originally posted by Deepie View Post
                    ---> User Guide - How Do I add Attachments to my Message?

                    Don't forget to delete any personal information....
                    Originally posted by Deepie View Post
                    ---> User Guide - How Do I add Attachments to my Message?

                    Don't forget to delete any personal information....
                    Thanks Deepie, Sorry for sounding a bit stupid but when i click reply to thread button, No box comes up with the option to manage attachments, where am i going wrong? I had to click post quick reply to get this message up on my thread.
                    Thanks

                    Comment


                    • #11
                      Re: Chaplins diary

                      Originally posted by Chaplin View Post
                      Thanks Deepie, Sorry for sounding a bit stupid but when i click reply to thread button, No box comes up with the option to manage attachments, where am i going wrong? I had to click post quick reply to get this message up on my thread.
                      Thanks
                      When you click reply to thread button...press Go Advanced

                      Top right there's a paper clip press that....
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Re: Chaplins diary

                        I cannot see any paperclip in the right hand corner or left after I click reply to thread then go advance, lol maybe my eyes are bad,

                        This what the letter says.

                        We write in response to your letter dated sept 2013, the content has been noted.
                        we note that you contend the copy of the agreement as unenforceable. We do not agree with your interpretation of the statue. We have provided you with a copy of the agreement that was signed by you at time of inception. We believe the agreement complies with the statue and intend to pursue payment of the debt. You have remedy available to you by way of applying to the court for the appropriate declaration.
                        In the absence of any such declaration and/or notice for application for the same, we will pursue the actin previously advised if any.

                        a) total some paid( paying £5 per month which is what I was paying when Arrow global bought the debt from MBNA
                        b) sum outstanding £4k odds
                        C) the amounts which become payable comprise of interest and costs depending on what enforcement action is taken against you

                        Further details regarding transactions prior to assignment should be queried by the original creditor directly we are not obliged to provide this information.


                        Not to sure what to reply to them with, I've continued paying the £5 per month, I'm worried they will go for a charge on our home, we have a bit of equity in it.

                        Comment


                        • #13
                          Re: Chaplins diary

                          I think I would be sending http://www.all-about-debt.co.uk/old/...cept-ue-status
                          Let your smile change the world but don't let the world change your smile


                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #14
                            Re: Chaplins diary

                            Originally posted by Pixie View Post
                            Thank you Pixie, that reply does sound harsh and to the point, lol I'm concerned there going to go for the kill if I send that and set the legals on me, are you sure its the best option? Hope you not mind me asking, as you can tell I'm not great dealing with debt collectors.
                            Thanks

                            Comment


                            • #15
                              Re: Chaplins diary

                              You'll be fine. Go for it. If they set the "legals" on you we'll help sort those too.

                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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