Wiggle's UE Diary

[Wiggle61]

Re: Wiggle's UE Diary

OK. Why don't you post up the background to the NR unsecured loan too so we get the full picture

I'm leaving that to the Financial Ombudsman. NRAM have sold it to Marlin last month so I am terrified they will change it from ATP to Default. I want NRAM to apply a retrospective default before CCA'ing

[Never-In-Doubt]

Re: Wiggle's UE Diary

Not sure what you are saying? It's in my interests to stop paying Barclays so they sell it on and I can settle at a lower figure?

thats how we work here, yes.

If you'd rather fight UE instead of making an offer then fine, if it's the F&F route then fine - we'll help whatever you think is best for you.

[Wiggle61]

Re: Wiggle's UE Diary

So why are you paying them, what is the logic behind it - just stop paying them and let them default you and get it over with!! Pointless keeping it alive by paying into it, unless there's another reason for it?

They (Barclays) have already defaulted me in 2009. Interest is frozen, paying them a nominal fee of £45 per month via the DMP

[Wiggle61]

Re: Wiggle's UE Diary

thats how we work here, yes.

If you'd rather fight UE instead of making an offer then fine, if it's the F&F route then fine - we'll help whatever you think is best for you.

I guess I read that an OD is more difficult to contest so my thinking is deal with it later. For now I want to go UE with HBOS & M&S as they are via the "leaches"

[Never-In-Doubt]

Re: Wiggle's UE Diary

I'm leaving that to the Financial Ombudsman. NRAM have sold it to Marlin last month so I am terrified they will change it from ATP to Default. I want NRAM to apply a retrospective default before CCA'ing

Oh, that's different....... The default should have been applied within 6 months of the first defaulted element kicking in, ie first late/missed/short payment received. If not then it's the ICO you'd complain to as it is ICO guidelines you're arguing. That said, the OFT guidelines on debt collection do say similar, but I'd not have left this to the FOS to deal with.

As for Marlin, they are a nightmare - one of the worst DCA's out there - I have personal experience of dealing with them and to say they lie and cheat is an understatement. * come on you buggers! threaten to sue me!!!

So with regards to NRAM, we deformed need to know the history if you need help with this. However as you say might be best awaiting the FOS finding in their favour, which they usually do, then we'll look into it with you. But it's unlikely they will apply a retrospective default as they could say they didn't do it earlier because they were helping you etc etc..... Just be prepared for the worse as the FOS are pretty dire at such decisions so if they find for you, then great, but don't expect them to as it's unlikely they will sadly.

[Never-In-Doubt]

Re: Wiggle's UE Diary

I guess I read that an OD is more difficult to contest so my thinking is deal with it later. For now I want to go UE with HBOS & M&S as they are via the "leaches"

No two accounts are the same, Barclays are a nightmare at keeping data so if this is an old OD the chances are they'll not have any paperwork, but fair enough let's deal with the other two first. Fine

[Never-In-Doubt]

Re: Wiggle's UE Diary

They (Barclays) have already defaulted me in 2009. Interest is frozen, paying them a nominal fee of £45 per month via the DMP

Ok, and you're happy to continue the dmp then are you? Why not do your own.....?

[Never-In-Doubt]

Re: Wiggle's UE Diary

I'm confused, in post 1 you said the mortgage via NRAM is up to date, yet they've got an AP marker - why?

[Wiggle61]

Re: Wiggle's UE Diary

Oh, that's different....... The default should have been applied within 6 months of the first defaulted element kicking in, ie first late/missed/short payment received. If not then it's the ICO you'd complain to as it is ICO guidelines you're arguing. That said, the OFT guidelines on debt collection do say similar, but I'd not have left this to the FOS to deal with.

As for Marlin, they are a nightmare - one of the worst DCA's out there - I have personal experience of dealing with them and to say they lie and cheat is an understatement. * come on you buggers! threaten to sue me!!!

So with regards to NRAM, we deformed need to know the history if you need help with this. However as you say might be best awaiting the FOS finding in their favour, which they usually do, then we'll look into it with you. But it's unlikely they will apply a retrospective default as they could say they didn't do it earlier because they were helping you etc etc..... Just be prepared for the worse as the FOS are pretty dire at such decisions so if they find for you, then great, but don't expect them to as it's unlikely they will sadly.

Thanks and not what I wanted to hear really! I called the ICO yesterday who referred me to FOS

[Wiggle61]

Re: Wiggle's UE Diary

I'm confused, in post 1 you said the mortgage via NRAM is up to date, yet they've got an AP marker - why?

Also have a personal loan with NRAM - that is the one with the AP marker

[Wiggle61]

Re: Wiggle's UE Diary

Ok, and you're happy to continue the dmp then are you? Why not do your own.....?

Dumb question, but why do it myself? Payplan aren't taking any money from me - I make a single payment to them and they issue to the creditors, lass hassle than doing it myself?

[Never-In-Doubt]

Re: Wiggle's UE Diary

Thanks and not what I wanted to hear really! I called the ICO yesterday who referred me to FOS

That makes sense cos the FOS deal with Data Protection issues all the time, don't they

Let's see what the FOS say. You never know, but I suspect they'll say that if it was a true reflection of the account, and you were not paying the agreed amounts (as per the agreement) then AP was the correct marker. If you did not default then they cannot add that entry as it'd not be an accurate event would it?

Simple question, did you ever fall into arrears with this and then agree to a reduced payment with the lender? If so they can (and will) apply a AP marker. If however you stopped paying for a few months, they'd probably have defaulted you in which case great - it stands.

it all depends what you've done to date, I think you'd be best starting a proper diary listing ALL debts so we can look at each debt individually. Just dealing with the two you want to deal with could take years and all that time you're leaving others sitting there - it's nuts. You either do the full monte or none. What you're suggesting is likely to create further issues down the line, as this AP has proven. Listen to us, we deal with these things daily, and we'll get you back on track.

As to why do it yourself, because in doing so you're certain interest won't be added at the end - these dmp companies always screw up and leave a debtor with a huge debt at the end of a dmp due to interest being added. The dmp saying it has bEen stopped is all good and well, has the lender / creditor ever confirmed this? Doing it yourself means you can answer this easily - however anything you answer will be what the dmp tells you, and you think they don't lie/make errors?

[Wiggle61]

Re: Wiggle's UE Diary

I didn't fall into arrears. Went from paying the full amount to a reduced amount via the DMP and haven't missed a payment. Doesn't sound promising.

I will add the other three into the diary.

Interesting re: the DMP. I think I am at the stage now where I take this on myself. I assume I have to set up some sort of basic, separate bank account detached from my current? Is there anywhere I can read up on the process? I assume it's simply a case of informing the DMP that I am managing it now and setting up payments (or not) to the creditors?

[Never-In-Doubt]

Re: Wiggle's UE Diary

HBOS

Credit Card
Commenced Nov 2006
Balance approx £3600 (defaulted Aug 2009)
Last full payment circa Jan 2009.
On DMP paying £40 per month
Default applied Aug 2009
Paying Robinson Way

Nov sent cca request
Dec received vague response letter from Robinson Way stating HBOS will send terms and as such, the account is enforcable (no terms received).

This was sent 20/12 so chances are HBOS have a delay - sit tight for now and email me when they actually send the agreement and terms. For now this stays as UE as they are in default of your s.78 request.

[Never-In-Doubt]

Re: Wiggle's UE Diary

M&S

Credit Card
Commenced Jan 2007
Balance approx £3600 (defaulted Aug 2009)
Last full payment circa Jan 2009.
On DMP paying £40 per month
Default applied Aug 2009
Paying IDEM

Balance approx £3600 (defaulted July 2009)

Nov sent cca request
Dec received vague response letter from IDEM stating they uphold my complaint

HSBC dealt with these accounts so it seems Arden are awaiting the agreement from HSBC - like above, it's UE until they comply so update me when they send the actual agreement and terms