JASSASBLUE - UE Diary

[MrsD]

Re: JASSASBLUE - UE Diary

I would pop off a swid, better safe than sorry, you need to keep westcot in the picture, they may not know it's in dispute, I like a big papertrail me

[nightwatch]

Re: JASSASBLUE - UE Diary

hold fire for now xx

just so you know I have had 5 letters from wescot saying they will take it further with one of my accounts so wait and see wht comes next as I am

[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

2 x letters received from Wescot:

1 dated 08/11 - they have been instructed by their client to collect the outstanding balance blah blah blah
1 dated 18/11 - as I haven't been in touch they've conducted further checks and confirm my address etc

I haven't had a notice of assignment from Studio, do I send a SWID?

[PlanB]

Re: JASSASBLUE - UE Diary

Not sure if I'm supposed to paste that link here, that's the other thread I was referring to, not sure if you can see it too.

Aaah, I see what you mean now. It's THAT thread - the one that only you and Niddy can see. My misunderstanding

[jassasblue]

Re: JASSASBLUE - UE Diary

If you've got a separate thread for this MBNA/dlc account can you post the link on here and maybe we'll merge the two to keep everything in one place.

So far I can see that you've sent dlc a CCA and got back an UE agreement which may be temporary because they may be able to remedy that (maybe not ).

Since it's currently UE (in our terms) you could send dlc this letter http://www.all-about-debt.co.uk/inde...escribed-terms

Plan B, brilliant thanks for your help, I'll keep my replies separate to make it clearer. I've uploaded the agreement here:

http://forums.all-about-debt.co.uk/s...reement-Upload

Not sure if I'm supposed to paste that link here, that's the other thread I was referring to, not sure if you can see it too.

I'll send the letters as you advise, thanks again

[PlanB]

Re: JASSASBLUE - UE Diary

I uploaded the agreement and this is Niddy's reply (I can't remember receiving the terms as it was years ago):

This looks UE based on the agreement saying "term 11 overleaf" whereas the mini page overleaf doesn't have 11 terms. Yes on the second recon term 11 is present in 11/04 version in section Personal Info but that wasn't present when you signed. On the latest recon term 11 relates to additional cardholders and definitely wasn't present when you signed.

Its pretty easy to remedy unless you can definitely recall receiving or not those terms.

Next step please?

If you've got a separate thread for this MBNA/dlc account can you post the link on here and maybe we'll merge the two to keep everything in one place.

So far I can see that you've sent dlc a CCA and got back an UE agreement which may be temporary because they may be able to remedy that (maybe not ).

Since it's currently UE (in our terms) you could send dlc this letter http://www.all-about-debt.co.uk/inde...escribed-terms

[PlanB]

Re: JASSASBLUE - UE Diary

I've had letters from both, Amex saying First Source now dealing on their behalf, then First Source chasing for payment, I'll send the SWID.

Okay, that makes sense

Here's the up-to-date SWID template letter to send to First Source http://www.all-about-debt.co.uk/inde...in-cca-dispute

[jassasblue]

Re: JASSASBLUE - UE Diary

Jassasblue you've posted two different credit card account updates in one post which is a bit confusing to a simpleton like me. Keep info on different debts in different posts if you can


What makes you think the MBNA is either or


Once we know that we'll be able to tell you what's best to send to dlc.

Thank you, I uploaded the agreement and this is Niddy's reply (I can't remember receiving the terms as it was years ago):

This looks UE based on the agreement saying "term 11 overleaf" whereas the mini page overleaf doesn't have 11 terms. Yes on the second recon term 11 is present in 11/04 version in section Personal Info but that wasn't present when you signed. On the latest recon term 11 relates to additional cardholders and definitely wasn't present when you signed.

Its pretty easy to remedy unless you can definitely recall receiving or not those terms.

Next step please?

[jassasblue]

Re: JASSASBLUE - UE Diary

Have you had a letter from First Source Advantage (a DCA not a debt purchaser) or have you had a letter from AIC/Amex to say that they are transferring collection of the debt to First Source Advantage?

If you've had a letter from First Source you can send them the SWID in reply, otherwise do nothing until you hear from them.

Thank you, I've had letters from both, Amex saying First Source now dealing on their behalf, then First Source chasing for payment, I'll send the SWID, thank you.

[PlanB]

Re: JASSASBLUE - UE Diary

Not sure if Niddy deemed this UE or Enforceable, the uploaded agreement is on a different thread, DLC requesting affordability statement completion before further action, do I ignore??

Jassasblue you've posted two different credit card account updates in one post which is a bit confusing to a simpleton like me. Keep info on different debts in different posts if you can


What makes you think the MBNA is either or


Once we know that we'll be able to tell you what's best to send to dlc.

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

Have you had a letter from First Source Advantage (a DCA not a debt purchaser) or have you had a letter from AIC/Amex to say that they are transferring collection of the debt to First Source Advantage?

If you've had a letter from First Source you can send them the SWID in reply, otherwise do nothing until you hear from them.

Posted at same time. Yep I agree with your post

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

Not sure if Niddy deemed this UE or Enforceable, the uploaded agreement is on a different thread, DLC requesting affordability statement completion before further action, do I ignore??



Balance now assigned to Firstsource Advantage do I send SWID?

id ignore it for now but keep us updated.

[PlanB]

Re: JASSASBLUE - UE Diary

Balance now assigned to Firstsource Advantage do I send SWID?

Have you had a letter from First Source Advantage (a DCA not a debt purchaser) or have you had a letter from AIC/Amex to say that they are transferring collection of the debt to First Source Advantage?

If you've had a letter from First Source you can send them the SWID in reply, otherwise do nothing until you hear from them.

[jassasblue]

Re: JASSASBLUE - UE Diary

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

Not sure if Niddy deemed this UE or Enforceable, the uploaded agreement is on a different thread, DLC requesting affordability statement completion before further action, do I ignore??

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

Balance now assigned to Firstsource Advantage do I send SWID?

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Argos

Type of account Store Card
Date commenced 16/11/2004
Approx balance £1590.23
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
20/01/14 No response yet
29/01/14 Agreement received (21 pages of small print) emailed to Niddy

Niddy says ignore

03/02/14 Missing PT's template sent
14/02/14 Letter received from Argos - Unfortunately we are unable to locate the signed copy of your agreement. We make no admissions whether or not the agreement was actually signed by yourself and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in court. We accept that unless we are able to locate the signed agreement or otherwise prove that it was signed by you it is unenforceable against you.

Finally after 6 years it looks like I'll get a default, this letter is very safe

25/02/14 Default notice received from Argos and notification saying DCA to be assigned. Argos never stopped the interest during my DMP, in fact I owe more now after 5 years of DMP than when I started!!!!

26/03/14 Letter from FRS Financial Recovery Services Letter, Pre Litigation Warning,
29/03/14 SWID sent
03/04/14 Letter from FRS - Notice of Intended Recovery, threatening they may refer for a home visit or legal action to obtain a CCJ - I think this has crossed with the SWID letter so ignored
01/05/14 Letter from FRS - they are delighted to offer me a settlement opportunity of minus 20% - ignored!
12/05/14 Letter from FRS - asking me to call to make payment - ignored!
24/05/14 Letter from Moorcroft Debt Recovery they are now collecting the balance, request I ring to make arrangement to pay.
03/06/14 Letter from Argos responding to my SWID 29/3/14 - They confirm that they are unable to locate my credit agreement as they have previously notified me. However they do not accept that the agreement is unenforceable and they have sent me a statement, they are to continue with Debt Collection activities. Good luck with that then Argos!
12/06/14 Letter from Moorcroft, chasing payment and notifying me that they intend to arrange a doorstep recovery visit, consider legal action and adverse entry on my credit file - ignored
25/06/14 Letter from Moorcroft - monthly instalment offer - ignored
11/07/14 Letter from Moorcroft - Commencement of legal action by external solicitors
15/07/14 Letter sent to Moorcroft Template Threat Received - Standard Threat-o-Gram sent
06/08/14 Letter from Moorcroft - requesting payment or threat of further debt recovery action - ignored
06/08/14 Letter sent to Moorcroft - SWID
17/08/14 Letter from Moorcroft - Account on hold until they contact Argos
04/09/14 Letter from Moorcroft - Argos confirm they wrote to me 12/02/14, 26/04/14, 30/05/14, Argos advise the balance is now payable to Moorcroft. What they fail to mention is they can't find my credit agreement!!!!
22/09/14 Template confirming no CCA & copy of letter from Argos sent to Moorcroft

Letter from Moorcroft:

I can confirm that after investigating the points that you have raised with our client, it is clear there is a clear conflict of opinion here between your perception of the Consumer Credit Agreement rulings and the views expressed by our client. Where I would ask you to accept my assurance that we have been acting in good faith on the instructions of our client, it is clear there is an impasse here with regard to the account. I believe therefore that the most sensible course of action would be for the company to return the account to our client and to cease any further activity with regard to it.

Haha - I'll await the next DCA !!!!!! (Sorry to drone on)