rosey5464 UE Diary

[rosey5464]

Type of account = Credit Card


Date commenced = long before Apr 2007


Approx balance = £9.3k


Date last paid = Aug 2013


Are you on arrangement or not paying = N/a


Status (default/in arrears/up-to-date) = up to date
- 1st Nov 2013 now 2 months an arrears


Account owner = NatWest

14th Sept 2013 request for CCA with 2 x 50p pieces attached for annoyance

25th Sept NatWest reply returning my 2 x 50p in a nice plastic bag and returned my letter saying signature required

9th Oct - instructed bank to stop paying NatWest

12th Oct reply with another CCA request signed over anti-tamper strip and returned 2 x 50p's in nice plastic bag

1st Nov 2013 - my friends at Natwest return my 2 x 50p with letter saying "We regret to advise that the card agreement has been misfiled and despite searching our records we have been unable to locate it. As we are unable to comply with your request we are returning your £1 fee"
blah blah..."We accept we are not able to enforce the agreement" blah blah "although its not enforceable the credit agreement is not void and your obligations to us remain"

[rosey5464]

Opus CC

Type of account = Credit Card


Date commenced = long before Apr 2007


Approx balance = £4.3k


Date last paid = Aug 2013


Are you on arrangement or not paying = N/a


Status (default/in arrears/up-to-date) = up to date


Account owner = Opus
(From memory this was originally a CitiBank CC then MBNA then OPUS)

14th Sept 2013 request for CCA with 2 x 50p pieces attached for annoyance

2nd October 2013 - letter from Opus saying "The copy agreement does not include the signature box, signature or date of signature in accordance with Regulation 3(2)(b)(ii) of Consumer Credit regulations 1983; as permitted by these regulations we are not required to provide them" really eh? they then go onto say "we regret to advise you that although we have attempted to locate your original document, to date we have not been successful. We shall continue to search our records blah blah. As we have confirmed that you have received the credit facility in relation to this agreement you remain liable for this debt"

9th October - instructed bank to stop paying

26th Oct 2013 - changed phone numbers to contact me to "our freebies" so all nice and quiet ATM

7th Jan 201. - Default Notice issued, funny though it says "clause 2.1 of your terms and conditions contains details of minimum payments blah blah and you are in breach"

[rosey5464]

B of Scot CC

Type of account = Credit Card


Date commenced = long before Apr 2007


Approx balance = £3k


Date last paid = Aug 2013


Are you on arrangement or not paying = N/a


Status (default/in arrears/up-to-date) = up to date


Account owner = BoS

14th Sept 2014 request for CCA with 2 x 50p pieces attached for annoyance

19th Sept 2013 - Letter from Halifax with copy agreement signed by me dated 13/6/2007 :0( must have confused this one with something else. So on the face of it enforceable and they say so in their covering letter

[IF]

Re: rosey5464 UE Diary

Hi rosey, I've merged all your posts as it is easier to keep track if all are on one thread

-- > http://forums.all-about-debt.co.uk/s...y5464-UE-Diary

Best wishes on your UE journey
IF

[SXGuy]

Re: rosey5464 UE Diary

LOL i will be keen to see if they cash those 50 pence pieces!! Good luck, let us know what comes back.

[Enforcer]

Re: B of Scot CC

At least you have started. We have all been in the same situation. The Banksters have ripped us off for far too long. Time to fight back!

[Never-In-Doubt]

Re: rosey5464 UE Diary

Well done on starting your diary. Sadly, sending cash may not have been the wisest thing to do however it is legal tender so if they do get arsey & return it we'll look into it. Or just send a PO so you have a lawful cca en-route as such.

Keep us updated; should be interesting. Never known anyone send cash before

ps thank you for your extremely kind donation

[rosey5464]

Re: rosey5464 UE Diary

Thanks Niddy, when I sorted the NatWest o/d I'd sent them a £1 coin - its a bit Henry Root style but worked. Will give them something to think about ! cant imagine them returning coins somehow - whereas a postal order might be easier to return? we'll see.

Cheers
Rosey

[rosey5464]

Re: rosey5464 UE Diary

OK so 3 weeks on from the CCA requests:-

Halifax = sent recon with copy signed agreement dated June 2007 nicely signed by me all on page so reckon enforceable

NatWest = want my request signed and returned cash. How do we get around that? do I sign over the top of the e-sig?

Opus = Not a word. Thinking to send a reminder and stop paying

Cheers

Rosey

[Pixie]

Re: rosey5464 UE Diary

Halifax - just because it's signed by you doesn't mean it's enforceable. Send it to Niddy with your user name in the subject line as Niddy explains here http://forums.all-about-debt.co.uk/showthread.php?1012-User-Guide-Sending-your-Agreement-to-Niddy

Natwest - do NOT sign over the top of the digital signature. Either use this template or use the AAD tamper strip



Opus - just wait. No need to send a reminder. They are in default of your cca request so cannot enforce.

Are you still paying these?

[rosey5464]

Re: rosey5464 UE Diary

Good morning and thanks Pixie,

All 3 are cards have payments up to date

Will send Niddy copy of Halifax CCA as you suggest and use the template for NatWest sig request

As Opus have not responded I was wanting to stop paying them as Im pretty sure this will be unenforceable so planned to advise them first that as they have not responded its unenforceable so will stop paying until an enforceable agreement is presented and to stop the hassle phone calls warn them to deal by correspondence only

NatWest similarly I will add to template that until an enforceable agreement is presented etc

- what do you reckon?

Cheers

Rosey

[SXGuy]

Re: rosey5464 UE Diary

I agree, stop paying Opus, I sent a CCA Request to them 2 years ago, never got anything back, never heard from again. So if I was you, id stop paying, and "if" you hear anything from them, let us know and we will guide you from there.

Regarding Natwest, if it were me, id send a Fresh copy of the CCA Request, and use the anti tamper strip. Ive had dealings with these in the past, and they will try anything to refuse to comply.

That's what id do.

[rosey5464]

Re: rosey5464 UE Diary

Thanks SX - WRT NatWest will try that signature over the strip. As well as returning my 2 x 50p's in a neat little plastic bag they also returned my original letter - so (after taking a copy) I will return their letter with my original and the bag of money and a covering letter based on the Template

Cheers

Rosey

ps and I shall stop paying NatWest card now

[SXGuy]

Re: rosey5464 UE Diary

be careful to not send them your original request which doesnt have your signature on it. I did this, along with a new one, including a sig, and they still returned it saying they need a sig, its like they completely ignored the fact id signed one and chose to reply based on my old letter.

Just send them a copy of their letter, and a fresh CCA Request including your sig on the tamper strip.

[rosey5464]

Re: rosey5464 UE Diary

OK thanks for that SX

Cheers

Rosey