JASSASBLUE - UE Diary

[jassasblue]

Re: JASSASBLUE - UE Diary

Hi SnV

Mmm I feel like I'm going to jinx myself by mentioning the 'Q' word but yet it is all quiet on the western front so far!

The only problem I'm having is with American Express, I'm receiving letters from 3 different organisations, I'll do a separate post for that next though.

Thanks for the post

[SaltnVinegar]

Re: JASSASBLUE - UE Diary

Hi there

All quiet on the western front? Any news?

Best
SnV

[jassasblue]

Re: JASSASBLUE - UE Diary

NIddy, thanks pal

Financial chap will be suitably advised. I definitely don't want to reset the SB clock. I'm 14 months into this now and it's going well so far, I get limited amount of letters and I don't want to upset the apple cart. They are both Credit Cards with Barclaycard, they admitted early on they don't have the agreements and there's little chance I'll pay.

I'm going to sit tight with this and let the clock tick down until they should be removed. I was defaulted in June 2014 and I have all the necessary paperwork.

Thanks for the advice, Financial Adviser pfffffttttttt. My 'friends' are better than yours !!

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

All it'll do is add time on your correct defaults but writing now will affect SB as it'd create a cause of action and reset the clock. Barclays always do this so sit tight and when you KNOW the default should be dropping off then you raise it with the CRA and show them a copy of the Default notice (s87/88).

However a DN is not the same as a Credit Record DN so if it's a bank account they can (and will) add a year on. Read this for details --> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

The current guidelines state for a credit card they should default you (with the cra) within 6-9 months TOPS.

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Barclaycard (formerly Skycard)

• Type of account Credit Card
• Date commenced 14/12/2005
• Approx balance £4459.67
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Arrangement on Credit File

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
11/01/14 Letter from Barclaycard, dealing with CCA request
15/01/14 Barclaycard letter received, they are unable to provide a copy of the terms of my credit agreement. Account suspended immediately and they accept account unenforceable.
15/01/14 Email to Niddy to confirm.

Niddy's reply:


that's also

send this back -> http://www.all-about-debt.co.uk/old/...escribed-terms

16/01/14 PT Letter sent
28/01/14 Reply to Missing PT's. We are unable to provide all the documentation and information required by section 78 of the Consumer Credit Act 1974. You can however request a SAR for £10. We accept that we are prevented from enforcing our agreement while this state of affairs continues yada yada yada We would however like you to pay in accordance with your statements. We may issue a default notice and instruct a third party to demand payment.

This letter is very safe in my clutches, payment? Hahaha bye bye Barclaycard - letter filed and ignored!

13/02/14 Letter and statement from Barclaycard, my payment plan cancelled, now in arrears, interest and charges to be resumed - ignored.
20/06/14 Default notice received from Mercers
11/07/14 Letter from Barclaycard asking me to call and pay as account overdue - ignored

I've been doing some work with a Financial Adviser this week, after going through my credit file, Barclaycard haven't registered the default on either of my accounts (I have 2 both on my diary), defaults were received in June of last year, my credit file still shows late payment, should I write to Barclaycard and ask them to update it or just leave it alone?? For info the Financial Adviser states it should be corrected or it'll mess my file up long term. Thoughts please?

[jassasblue]

Re: JASSASBLUE - UE Diary

Pixie, thank you I'll get that template sent out to Wescot

I appreciate your help x

[Pixie]

Re: JASSASBLUE - UE Diary

I think I would send Final Response - UE - general

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Studio Catalogue

Type of account Catalogue
Date commenced 21/09/2004
Approx balance £1299.59
Date last paid DMP 25/12/2013
Are you on arrangement or not paying DMP
Status Arrangement on credit file

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
15/01/14 Reconstituted agreement and statement of account received,
15/01/14 Email to Niddy for advice (signature electronic and definitely not mine!)

Niddy's reply:
It's unenforceable. Stop paying and send them the Missing PT's letter.

Template to send back -> http://www.all-about-debt.co.uk/old/index.php/template-letters/unenforceability/s2-receiving-letters/118-cca-query-missing-prescribed-terms

Now even though we know it's a fraudulent copy, at this stage we don't tell them. So obviously that's why we're sending the missing PT's template so as not to give away your ace card ie they sent a fake recon and faked your signature (fraud).

They won't win if they took you to court, put it that way

16/01/14 PT Letter sent
25/01/14 Reply from Studio, clever nonsense and asking for payment, emailed to Niddy to be sure UE, ignore was the reply - cheers pal!

08/02/14 Letter received - thanking me for my £1 payment 9th January (this was for my CCA request and they've applied it to my account!). Letter states they are to reapply interest and charges to my account as I haven't paid. For every letter they will make a charge

10/02/14 Copy of CCA letter issued and one liner asking to remove £1 as a payment off my account

19/02/14 2 Letters from Studio - 1 stating £12 default charge added for non payment and the other contains this: 'As confirmed in a recent court case (Carey v HSBC 2009) Section 78 of the CCA 1974 requires creditors to provide a reconstituted copy of the credit agreement. It further states that of a copy of the original agreement is not required to be provided'. Then later 'We would remind you that the original credit agreement was sent with your order when the account was opened in September 2004. Our customers are asked to sign both copies, returning one copy and to keep their copy in a safe place should they decide to choose repayment by credit terms instead of full payment. By taking advantage of paying the minimum payment every 28 days you are as such subject to the terms and conditions as stated within the credit agreement' and so it goes on....

07/03/14 Letter sent Creditor Refusal to accept UE status

13/03/14 Letter from Studio refusing to accept UE, chasing for payment
20/03/14 3 letters received today, 1 x default notice from DCS (Debt Collection & Security), 1 x notice of arrears with lots of extra charges, 1 x statement - all ignored
17/04/14 Letter from DCS, transfer to Moorcroft Debt Collection, more charges added - ignored until they contact
10/05/14 Letter from Akinika Debt Recovery, threatening, CCJ, Home Visit etc
21/05/14 Letter from Akinika Debt Recovery offering a substantial discount on my balance, must call now - ignored as sent the below letter
24/05/14 Letter sent to Akinika (Niddy special) as below
I write with reference to your letter dated 7 May 2014 and note the content within.

Last I heard Studio sold this to Moorcroft Debt Collection on 17th April; yet here you are trying to act all high and mighty less than only two weeks later? Tell you what, being Studio have instructed you to collect on this account you can be the ones who try again, by first sending a copy of the assignment notice from Studio giving you authority to deal with this matter because I was told only a couple of weeks ago that Moorcroft would be managing this account.

On a separate matter, your threats are totally unlawful and quite misleading as is the use of bold highlighted font, with the intention to scare. As a result of your quite unlawful tactics to scare a debtor, I feel I am left with no alternative but to report you to the Financial Conduct Authority because under the new FCA Consumer Credit Sourcebook regulations it is clear your behaviour and use of language in this one letter breaches no less than 11 separate elements of CONC. That in my view is pretty severe and I hope the FCA punish you accordingly.I write with reference to your letter dated 7 May 2014 and note the content within.

Last I heard Studio sold this to Moorcroft Debt Collection on 17th April; yet here you are trying to act all high and mighty less than only two weeks later? Tell you what, being Studio have instructed you to collect on this account you can be the ones who try again, by first sending a copy of the assignment notice from Studio giving you authority to deal with this matter because I was told only a couple of weeks ago that Moorcroft would be managing this account.

On a separate matter, your threats are totally unlawful and quite misleading as is the use of bold highlighted font, with the intention to scare. As a result of your quite unlawful tactics to scare a debtor, I feel I am left with no alternative but to report you to the Financial Conduct Authority because under the new FCA Consumer Credit Sourcebook regulations it is clear your behaviour and use of language in this one letter breaches no less than 11 separate elements of CONC. That in my view is pretty severe and I hope the FCA punish you accordingly.

05/06/14 Letter from Akinika acknowledging my complaint, account on hold while they investigate!
11/07/14 Letter from Akinika, they reject my letter of complaint, they can't comment about Moorcroft but confirm Studio instruct them to deal with this undisputed debt. 'Undisputed' ?? They can't produce my credit agreement, do I need to reply, they've sent an income / expenditure form before further action! - ignored
08/11/14 Letter from Wescot asking for payment - ignored
18/11/14 Letter from Wescot saying they've done address checks etc again requesting payment - ignored
28/11/14 Letter from Wescot offering 50% settlement offer of £671.80 - ignored
14/12/14 Letter from Wescott offering instalment plan - ignored
29/12/14 SWID sent to Wescot
15/01/15 - Letter from Wescot acknowledging SWID, they are to contact Studio - account on hold

09/02/15 Letter from Wescot, Studio have contacted them stating I was told in March 2014 they are no longer discussing this account with me as they have provided my Agreement (they fail tell Wescot they have forged a signature that isn't mine!!). Wescot state there is no dispute and collection to resume. What do I do next?

[jassasblue]

Re: JASSASBLUE - UE Diary

[QUOTE=PlanB;478898]

I admit I've not read all your thread but Mercantile Data Bureau Ltd have limited teeth. I sent them the SWID letter and never heard from them again. You may want to do the same.

Do you need a link to the current SWID template letter?

I can't see a date on your diary for that wordy letter from dlc so can you update on that please. If dlc have outsourced the collection of this debt to MCB Ltd the moment to reply to that dlc letter may have passed.

More details please.

Plan B x

I received the DLC letter on 29th January 2015 and the MDB one 10/02/15, they are both sending letters it would seem. I have the SWID so I'll pop one off to MDB.

Plan B thank you for your help x

[PlanB]

Re: JASSASBLUE - UE Diary

[QUOTE=jassasblue;478862]

Ok DLC sent the above and I now have a letter from MDB Ltd, stating they have sent correspondence and I've ignored it (no they haven't!!) this is the first contact with them do I send a SWID? and what do I do about DLC above?

I admit I've not read all your thread but Mercantile Data Bureau Ltd have limited teeth. I sent them the SWID letter and never heard from them again. You may want to do the same.

Do you need a link to the current SWID template letter?

I can't see a date on your diary for that wordy letter from dlc so can you update on that please. If dlc have outsourced the collection of this debt to MCB Ltd the moment to reply to that dlc letter may have passed.

More details please.

Plan B x

[jassasblue]

Re: JASSASBLUE - UE Diary

[QUOTE=jassasblue;475360]

Hi All, I'm new on here, Niddy has already assisted me with 1 agreement (thanks). Current position, I am in a DMP with Stepchange and have been for 5 years, 6 more years to go. I think I've just sent them my last payment, they aren't happy with me! I stumbled across the CCA route and decided to progress it.

That's the lot for now, I'll keep you updated. It's early days for me. Stepchange have said they can no longer deal with me as I've initiated the CCA process. The DMP is up to date. I've decided to stop payments from now on, I'm nervous about the whole situation but I know I'm in very safe hands!

Account Owner Originally MBNA, now with Direct Legal Collections, credit file Hillesden Security & MBNA

• Type of account Credit Card
• Date commenced 18/01/2005
• Approx balance £2417.06
• Date last paid DMP 25/12/13
• Are you on arrangement or not paying DMP
• Status Default 30/06/2009

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
11/01/14 Letter received from DLC Agreement requested from MBNA
03/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
22/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
19/03/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
14/04/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
01/05/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
11/09/14 Letter received from DLC with a copy of my agreement. Uploaded for Niddy
09/10/14 Letter received from DLC with affordability statement - ignored
11/11/14 Letter received from DLC offering 50% reduction to settle today - ignored
15/12/14 Letter received from DLC offering 50% reduction to settle - ignored
29/12/14 Niddy says UE, missing PT's sent
13/01/15 Letter from DLC - they haven't received any contact and the balance remains outstanding, They have instructed Mercantile Data Bureau Ltd, a subsidiary of Hillesden Securities Ltd to manage my account from the date of the letter - ignored until further correspondence received

Help !! Letter from DLC, they write and confirm:

1. As the above account does not relate to a fixed term agreement the prescribed terms are not required to be on the face of the agreement.
2. Please refer to the terms and conditions of the agreement where you will find the relevant terms of your agreement.
3. Due to the above, the agreement complies with all regulations set out by the CCA 1974.
4. We are happy to rely o the documents previously provided in any future agreements.

We have provided you with a copy of the original executed agreement along with a true copy. This is more than sufficient to satisfy the CCA 1974 regulations. It is important to remember that the purpose of section 77/78 of the CCA 1974 is to provide information to customers, not to establish whether or not there was a properly executed agreement i the first place or to be used as a tool to withhold payment. Collection proceedings to progress.

What do I do next? (Sorry for typing up the whole letter!!)

Ok DLC sent the above and I now have a letter from MDB Ltd, stating they have sent correspondence and I've ignored it (no they haven't!!) this is the first contact with them do I send a SWID? and what do I do about DLC above?

[jassasblue]

Re: JASSASBLUE - UE Diary

[QUOTE=jassasblue;364703]Hi All, I'm new on here, Niddy has already assisted me with 1 agreement (thanks). Current position, I am in a DMP with Stepchange and have been for 5 years, 6 more years to go. I think I've just sent them my last payment, they aren't happy with me! I stumbled across the CCA route and decided to progress it.

That's the lot for now, I'll keep you updated. It's early days for me. Stepchange have said they can no longer deal with me as I've initiated the CCA process. The DMP is up to date. I've decided to stop payments from now on, I'm nervous about the whole situation but I know I'm in very safe hands!

Account Owner Originally MBNA, now with Direct Legal Collections, credit file Hillesden Security & MBNA

• Type of account Credit Card
• Date commenced 18/01/2005
• Approx balance £2417.06
• Date last paid DMP 25/12/13
• Are you on arrangement or not paying DMP
• Status Default 30/06/2009

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
11/01/14 Letter received from DLC Agreement requested from MBNA
03/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
22/02/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
19/03/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
14/04/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
01/05/14 Letter received from DLC, still waiting for agreement from MBNA, account on hold for further 21 days
11/09/14 Letter received from DLC with a copy of my agreement. Uploaded for Niddy
09/10/14 Letter received from DLC with affordability statement - ignored
11/11/14 Letter received from DLC offering 50% reduction to settle today - ignored
15/12/14 Letter received from DLC offering 50% reduction to settle - ignored
29/12/14 Niddy says UE, missing PT's sent
13/01/15 Letter from DLC - they haven't received any contact and the balance remains outstanding, They have instructed Mercantile Data Bureau Ltd, a subsidiary of Hillesden Securities Ltd to manage my account from the date of the letter - ignored until further correspondence received

Help !! Letter from DLC, they write and confirm:

1. As the above account does not relate to a fixed term agreement the prescribed terms are not required to be on the face of the agreement.
2. Please refer to the terms and conditions of the agreement where you will find the relevant terms of your agreement.
3. Due to the above, the agreement complies with all regulations set out by the CCA 1974.
4. We are happy to rely o the documents previously provided in any future agreements.

We have provided you with a copy of the original executed agreement along with a true copy. This is more than sufficient to satisfy the CCA 1974 regulations. It is important to remember that the purpose of section 77/78 of the CCA 1974 is to provide information to customers, not to establish whether or not there was a properly executed agreement i the first place or to be used as a tool to withhold payment. Collection proceedings to progress.

What do I do next? (Sorry for typing up the whole letter!!)

[jassasblue]

Re: JASSASBLUE - UE Diary

Thanks Nightwatch, that's what I thought but wasn't 100% - I'll ignore for now

[nightwatch]

Re: JASSASBLUE - UE Diary

I personally would ignore and see who writes next, I would not pay overseas postage.

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Allied International Credit, previously Amex

• Type of account Credit Card
• Date commenced 11/04/2006
• Approx balance £3112.91
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Default 26/07/2008

Letter Sent
Letter Received

03/01/14 CCA Letter Sent 03/01/2014
20/01/14 No reply yet
21/01/14 Letter from Amex returning CCA letter requesting signature and also asking for any previous names (I've changed back to my maiden name 7 years ago)
24/01/14 Letter Sent http://www.all-about-debt.co.uk/old/...d-of-signature
07/02/14 Letter from Amex with copy agreement emailed to Niddy
09/02/14 Niddy says UE, send missing PT's
10/02/14 Missing PT's sent
17/02/14 Letter from AIC dated 12/02/14 demanding payment - ignored as crossed with missing PT's
22/02/14 Letter from Amex, my Missing PT's letter passed to their Complaints Dept!
06/03/14 Letter from Amex disputing my UE claim as I effectively signed when I applied online for the card by ticking a box!
Niddy says: The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 meaning any online agreements entered into prior to this date still need a signed executed credit agreement. As yours was after this date the tick in the box is fine, however they should supply a copy of the actual tick-in-the-box as opposed to a signed application, if you see what I mean?

It's all very well them saying you did this, so they need to send a copy then to prove it!

01/04/14 Letter from Amex, account transferred to DCA UCA - ignoring until I hear from UCA
03/04/14 Letter from UCA requesting I call to discuss payment terms
10/04/14 SWID sent to UCA
17/04/14 Letter from NCO (where have UCA gone?!) acknowledged my letter 10/04/14 - passed to Amex complaints department - ignored
20/05/14 Letter from Amex, they've investigated my complaint and sent another letter showing an empty box which I must have ticked when applying (that's my signature!) plus on the basis I used the card they can only assume I was provided with the Agreement etc etc. They are no longer going to discuss this matter and will continue with collection activity
14/10/14 Letter from Amex stating assigned to Firstsource Advantage for collection - ignored
17/10/14 Letter from Firstsource Advantage asking for payment - ignored
01/11/14 Letter from UCA stating NCO now the branding name - confused or what!
12/11/14 Letter from Firstsource Advantage offering payment arrangement - ignored

I've been advised to send the SWID to Firstsource, I'm on with it today then realised their address is Mumbai, India???? Do I pay overseas postage or ignore?