Wiggle's UE Diary

[Wiggle61]

Re: Wiggle's UE Diary

Do you mean you currently bank with HSBC because M & S credit cards are provided by HSBC so you might need to change to another bank to avoid any threat from Right of Set-Off for that debt.

Yes, although HSBC is a joint account.

[PlanB]

Re: Wiggle's UE Diary

Is Barclays your main banking supplier now, as things stand or are they just another creditor that you owe to?

Just another creditor. With HSBC and Co-Op.

Do you mean you currently bank with HSBC because M & S credit cards are provided by HSBC so you might need to change to another bank to avoid any threat from Right of Set-Off for that debt.

[Wiggle61]

Re: Wiggle's UE Diary

OK, I will do. Regarding the two I have already CCA'd (and not received anything) I am going to send the final letter template and stop payments. Thoughts?


I refer to my letter dated 24/10/2013 in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number. You have been reminded several times now that non compliance will result in cessation of payment and you were also reminded that you are obliged to supply this under s.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00.
To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as you come out of default or until it is enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as your default is revoked. Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated that Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements? Well under these sections a debtor can pay £1 to get:
· a copy of their agreement
· copies of some of the other documents mentioned in their agreement
· a statement of account.
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
· make the debtor pay the debt before they're supposed toget a court judgment against the debtor
As this account is clearly unenforceable, not only am I ceasing all payments toward this account, but I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred as unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

I await your prompt response.

[Never-In-Doubt]

Re: Wiggle's UE Diary

See what Niddy has to say but maybe sending a s.78 CCA request to Marlin for this Northern Rock debt won't harm since it's a loan started in 2005

I agree.....

[PlanB]

Re: Wiggle's UE Diary

Northern Rock

Unsecured Personal Loan
Commenced Feb 2005
Balance approx £13,926
Last full payment - Feb 2009
On DMP paying £180 per month
ATP applied Nov 2009
Paying Marlin

See what Niddy has to say but maybe sending a s.78 CCA request to Marlin for this Northern Rock debt won't harm since it's a loan started in 2005

[Never-In-Doubt]

Re: Wiggle's UE Diary

Ok, so hang on for the Ombudsman verdict then look to get it defaulted ASAP I guess..... six years, Jesus

sadly yes......

[Wiggle61]

Re: Wiggle's UE Diary

Northern Rock

Unsecured Personal Loan
Commenced Feb 2005
Balance approx £13,926
Last full payment - Feb 2009
On DMP paying £180 per month
ATP applied Nov 2009
Paying Marlin

[Wiggle61]

Re: Wiggle's UE Diary

Barclays

Overdraft
Commenced May 1995
Balance approx £3215
Last full payment - Unknown
On DMP paying £40 per month
Default applied March 2009
Paying Barclays

[Wiggle61]

Re: Wiggle's UE Diary

MBNA

Credit Card
Commenced Jan 2006
Balance approx £3374 (defaulted Aug 2009)
Last full payment circa Jan 2009.
On DMP paying £40 per month
Default applied July 2009
Paying Direct Legal and Collections
CCJ March 2011 for £4,698

[Wiggle61]

Re: Wiggle's UE Diary

Ok, so hang on for the Ombudsman verdict then look to get it defaulted ASAP I guess..... six years, Jesus

[Never-In-Doubt]

Re: Wiggle's UE Diary

but say I settle now, and get it marked as settled in full or whatever, and I go to get a mortgage in two years.... will the single ATP marker on a closed acct kill any chances of a mortgage?

yep, it'll affect any mortgage as mortgage lenders are being strict as hell right now and will pick and choose the best customers, you will struggle with any form of default - certainly less than 3 years old, in fact saying that even 6 years unless you have a huge deposit.

Sorry, that's the facts though. You need a clean credit file to get a mortgage nowadays.... No excuses accepted. A user here last week was refused a mortgage cos a late payment by British gas of all companies, it's a joke!! However we managed to get that default wiped for the user as it was actually false reporting of data, yours sadly is accurate so you're snookered.

[Wiggle61]

Re: Wiggle's UE Diary

We can sometimes get a default removed with a F&F but it's not the defaults you need to worry about, it's the AP history as well, so you're best saving the pennies and literally getting defaulted then work forward from now, at least you've found the right help to get you sorted at the first opportunity.....

but say I settle now, and get it marked as settled in full or whatever, and I go to get a mortgage in two years.... will the single ATP marker on a closed acct kill any chances of a mortgage?

[Never-In-Doubt]

Re: Wiggle's UE Diary

Are there any other options such as F&F that clean up the credit history? Or will that show for six years too?

We can sometimes get a default removed with a F&F but it's not the defaults you need to worry about, it's the AP history as well, so you're best saving the pennies and literally getting defaulted then work forward from now, at least you've found the right help to get you sorted at the first opportunity.....

[Never-In-Doubt]

Re: Wiggle's UE Diary

AFAIK a default stays on your credit file for 6 years regardless of whether its satisfied or not.

correct - the last 6 years of the history of the AP will stay now as well. Basically the best option is to default across the board and see out 6 years - that's the ONLY way to sort it out now.

[odetter]

Re: Wiggle's UE Diary

AFAIK a default stays on your credit file for 6 years regardless of whether its satisfied or not.