Wiggle's UE Diary

[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

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.

[Never-In-Doubt]

Re: Wiggle's UE Diary

Yes, although HSBC is a joint account.

But they can still offset against your half, so it is a tad risky......

[Never-In-Doubt]

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.

Why not just send this --> http://www.all-about-debt.co.uk/old/...ability-threat

[Wiggle61]

Re: Wiggle's UE Diary

Will do, thanks!

[Never-In-Doubt]

Re: Wiggle's UE Diary

Ok great, and you'll send a CCA request off for all others too then?

Be a devil and rebel against the system.... You know you want to

[Enforcer]

Re: Wiggle's UE Diary

Wiggle61, there are many of us on this forum who have done exactly the same as you. Borrowed from Peter to pay Paul, realised they are in the sh-te, I even took a secured second mortgage out to try to pay the barstewards, but still ended up using cards to live, as by now my payments were bleeding me dry. Just try going UE. I can assure you that given the support of members on this forum you WILL survive.

[Wiggle61]

Re: Wiggle's UE Diary

Niddy, just sent over the Northern Rock personal loan paperwork. Thx!

[Never-In-Doubt]

Re: Wiggle's UE Diary

Missing PT's ergo it is currently UE

[Wiggle61]

Re: Wiggle's UE Diary

Thanks Niddy. IDEM response sent.

[Wiggle61]

Re: Wiggle's UE Diary

IDEM is enforceable.

Additional terms received from Marlin (NRAM). Sent to Niddy this morning by email for review

[Never-In-Doubt]

Re: Wiggle's UE Diary

Niddy, just sent over the Northern Rock personal loan paperwork. Thx!

is this what you've just resent me today? ie relating to the N Rock account?

I'll check it out later when I get two minutes!

[Never-In-Doubt]

Re: Wiggle's UE Diary

IDEM is enforceable.

Still, it's worth blagging.......

[Wiggle61]

Re: Wiggle's UE Diary

is this what you've just resent me today? ie relating to the N Rock account?

I'll check it out later when I get two minutes!

Correct, they sent over the front page only last time. Now includes a page of terms too but looks dodgy. Thx!

[Wiggle61]

Re: Wiggle's UE Diary

So, things are ticking along, looks as though one is enforceable, two non-enforceable and I need to decide what to do with Barclays and Hillesden for my MBNA. After some advice on the latter:

This was defaulted in 2009 and Hillesden got a CCJ in 2011. All of my accounts defaulted in 2009 (bar Northern Rock which looks as though it will have a retrospective default as currently ATP). I want to be in a position to re-mortgage in 2015 when the defaults fall off, but the CCJ has another two years.

Question - is it worth settling in full now to improve the score in 2015 so it's satisfied? Or will the score still be in tatters? Also, can I make a full & final offer to them and get it shown as settled (even if the offer for payment is less than the amount outstanding e.g. partial)? Help and thanks!!