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  • #541
    Re: Patch's Diary

    Originally posted by cymruambyth View Post
    Have you sent the CCA to Niddy? If not send an unedited copy to him at webmaster@all-about-debt .co.uk
    Just done it.... just the CCA though... there are two other letters and then 4000 years worth of statements... lol
    Last edited by patchouli; 8 March 2016, 08:35.

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    • #542
      Re: Patch's Diary

      Originally posted by patchouli View Post
      Thank you SV!!

      Its him though not me lol... He said "But they have my signature, they have sent all the forms, we'll have to pay"..... and I said "Yeah they sent all that for my £20k loan too and Niddy said that was enforceable... they still wrote it off!
      You tell him Patch!

      Let's see what Niddy comes back with about the CCA and, even if it's enforceable, like SnV says, there are other things to look at.
      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.

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      • #543
        Re: Patch's Diary

        It's enforceable .. I kinda knew that anyway... not sure what to do next, Niddy said to send a MPT in a few weeks but they are giving me until the 14th before action so?
        Also if there was a claim? I'm stupid, I honestly dont know what that means..... who's claiming? me or them? I am an idiot...
        Last edited by patchouli; 8 March 2016, 13:40.

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        • #544
          Re: Patch's Diary

          You aren't an idiot, you just don't know the law and the legal system! If there is a claim it is a court claim against you by the solicitors for the company that owns the debt. We have a very good legal team who deal with claims, even those with an enforceable CCA, you would be amazed at how many errors that occur. In addition, our team can help negotiate orders and settlements that avoid gaining a CCJ.

          Dont nut panic or give up yet! Just keep posting for guidance and support.
          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.

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          • #545
            Re: Patch's Diary

            cheers.... will try and figure out if there is a 'claim' tomorrow.... its my birthday adn so far I have been asleep half the day as I have tonislitis and when I woke up apparently hubby assumed I didn't want to do anything today... which means he didnt wash up, clean etc.... ach yo!
            had a teenage fit, stumbled to shops, got some beans and toasting bread and will sulk over some beans on toast later! lol

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            • #546
              Re: Patch's Diary

              Hi Patch
              I have to agree with cymruambyth enforceable can and have been won, I/we have won enforceable. keep chin up your in good hands.
              SeeSaw
              My Brains not in sycn leave me alone.

              Comment

              • #547
                Re: Patch's Diary

                A claim will be in a brown A5 envelope and can't be missed. Don't worry as there is nothing you can do to stop it. Have a lovely birthday, despite hubby - men don't engage their brains
                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.

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                • #548
                  Re: Patch's Diary

                  Enjoy what you can of your day Patch xxxx
                  if you do it today and you like it you can always do it again tomorrow

                  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.

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                  • #549
                    Re: Patch's Diary

                    Hi Patch

                    Even if its enforceable, that doesn't mean things are a foregone conclusion.

                    You mentioned that hubby just wanted to pay it and be done - is that the case? If you really had to do you have the means to pay the balance?

                    If so then there is still everything to fight for! (and even if you didn't you still would have everything to fight for!)

                    Even IF a claim is issued by the creditor, the other side can still screw things up on procedural issues, you can still go to mediation and agree a reduced settlement, or even negotiate a Tomlin order.

                    Remember what I said about making the other side work for their money - make sure they do!
                    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                    The consumer is that sleeping giant.!!


                    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.

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                    • #550
                      Re: Patch's Diary

                      Totally correct

                      An Enforceable Credit agreement is just one of many small parts of an overall picture and it only takes one or two of those other areas to fall down to stop the claimant from winning.

                      Many MBNA Accounts had common faults not just with the Agreement but other procedural errors along the way where a claim would fall down

                      As S+V said, Make them work for their money......And you may never have to pay it anyway once they open up a can of worms
                      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.

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                      • #551
                        Re: Patch's Diary

                        Don't stress. I only asked if there was a claim - Because of the panic in your email. You haven't had a claim - but the agreement is enforceable because it's post 04/2007 so we cannot utilise s.127(3-6). That's the killer.

                        So the way you play the game is like poker. You send templates as and when and in the meantime save money each month (that you'd usually pay them) and if a claim is issued or if they get "too heavy" you can look to make a settlement offer with the savings. In some cases you can pass 6 years on an enforceable debt and get a good result (SB) by blagging it.
                        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

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                        • #552
                          Re: Patch's Diary

                          What a rotten birthday Patch
                          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.

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                          • #553
                            Re: Patch's Diary

                            Panic in my email?

                            Hiya.... MBNA have sent a library of paper to us....


                            Was asked to send you the CCA... should I send copies of the other letters?

                            Hubby is stressing like a loon!!

                            regards,

                            Patchouli
                            I see no panic! lmao...

                            ok so I need to fire up my old computer as there is a missing PT template on there...

                            Today is the first day I am out of bed.. whatever virus it was it was NASTY... horrid sinus ache remains but things need to be done so I'm on it.

                            No we dont have any money to pay it off or even save... we are running on empty ever month. I'm sure it will all be ok... just need to fire up old Bertha.

                            Thanks guys... will let you know when I've sent the MPT

                            EDIT: Got it wrong... I dont send mpt...

                            lol... I have no idea what i am doing. !!!
                            Last edited by patchouli; 14 March 2016, 13:06.

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                            • #554
                              Re: Patch's Diary

                              ... edited
                              Last edited by patchouli; 14 March 2016, 13:06.

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                              • #555
                                Re: Patch's Diary

                                Originally posted by cymruambyth View Post
                                A claim will be in a brown A5 envelope and can't be missed. Don't worry as there is nothing you can do to stop it. Have a lovely birthday, despite hubby - men don't engage their brains
                                Robinsons Way are using these brown A5 envelopes too Cym, I've had a coupled of panic attacks recently when going to get the post from our letterbox!

                                Don't stress Patchouli, they know what they're doing on here and will help you all the way through IF a claim is issued.

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