JASSASBLUE - UE Diary

[nightwatch]

Re: JASSASBLUE - UE Diary

maybe http://www.all-about-debt.co.uk/inde...firming-no-cca, attach a copy of the Agos letter highlighting the "we cannot find you agreement" part

[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!!!! What action do I take next if any?

[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, not looking good this one, I'll upload it for Niddy, fingers crossed but can't grumble so far!!

[jassasblue]

Re: JASSASBLUE - UE Diary

Thanks Niddy et al, I can't believe it was 8 months ago when I started this journey, I haven't paid any of these buggers since Dec 13 and I've never felt better about it. What a security blanket this site is, I'm finally in control

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

I would hold fire. Nothing's changed. See what their next move is.

[MrsD]

Re: JASSASBLUE - UE Diary

is it the exact same agreement you've had before, just to be on the safe side I'd upload to Niddy, and wait to see what he says. Apex do this because they are thick, and they hope that you are too and won't question their utter waffle.

just follow Niddy's instructions

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

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Apex Credit Management, previously Egg

• Type of account Loan
• Date commenced 01/06/2005
• Approx balance £1821.38
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Default 17/07/2008

Letter Sent
Letter Received

03/01/14 CCA Letter sent
11/01/14 Letter from Apex, agreement requested from Egg
09/05/14 Agreement received from Apex, emailed to Niddy
11/05/14 Niddy says UE Terms and Conditions missing
24/05/14 Missing PTs letter sent to Apex
12/06/14 Letter from Apex in response to missing PTs - ignored! Re your Apex purchased portfolio, please be advised that the prescribed terms relates to the making of the agreement not the enforcement of the agreement. As you signed within the box that states "this is a credit agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be bound by its terms" you are liable for the outstanding balance and we will continue to pursue payment.
04/07/14 Letter from Apex asking me to ring and pay - ignored
16/07/14 Letter from Apex, disappointed I'm not responding to letters, asking me to call to make arrangement - ignored
23/07/14 Letter from Apex, profiling my account for litigation. If confirmed I am a homeowner or employed account to be passed to Legal Recovery Team
25/07/14 Template Letter Threat Received Litigation Forthcoming sent to Apex

Reply today from Apex regarding the template I sent above, why do they try to baffle you with lots of pages and quotes?! In a nutshell, they do not uphold my complaint. Egg have complied with my CCA request by sending reconstituted copy and they have previously advised that the prescribed terms relates to the making of the agreement and not the enforceability therefore I am liable to pay. They also state my dispute is with Egg and have provided me with their contact details. Account on hold for 21 days after which collection will recommence if I haven't been in touch to pay. Apex state they have bought my portfolio and have attached the letter from 2010 and issued another copy of my credit agreement!

Sorry I've waffled a bit, what next guys? Sit and wait until I hear again?

[jassasblue]

Re: JASSASBLUE - UE Diary

Oops, clearly blonde and the wrong side of 40 got the better of me yesterday!!!

Mrs D thank you and thanks Niddy keep me right

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

Thanks Pixie

it was MrsD

[Never-In-Doubt]

Re: JASSASBLUE - UE Diary

did you ever tell Moorcroft it was in dispute?

if not I'd sent this http://www.all-about-debt.co.uk/inde...in-cca-dispute

I'd agree

[Enforcer]

Re: JASSASBLUE - UE Diary

You are very fortunate that Barclaycard have accepted that this account is UE, they normally try every trick in the book to mislead and deceive you, however they WILL sell your "alleged" debt on. Favourite at the moment seems to be MKDP. Be prepared, there are loads of us on the forum dealing with this lot. I even got a ruling from FOS on my UE Barclaycard account. MKDP MKRR Keynes Collections, will continue to write to you.

As stated, keep the letter from Barclaycard very safe, good luck!

[jassasblue]

Re: JASSASBLUE - UE Diary

Thanks Pixie, I don't think I have told them it's in dispute you're absolutely right. The last SWID was sent to FRS and not Moorcroft.

I'll get the letter off by the end of the week, thank you for your help

[MrsD]

Re: JASSASBLUE - UE Diary

did you ever tell Moorcroft it was in dispute?

if not I'd sent this http://www.all-about-debt.co.uk/inde...in-cca-dispute

[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

Letter from Moorcroft asking me to provide full written details of my dispute on this account, together with any evidence to support my complaint. Account on hold until 03/08/14 waiting for my response.

What shall I send next?

[nightwatch]

Re: JASSASBLUE - UE Diary

they have stated (in your post above) that the account is suspended as they except it is UE, so they know they cannot force you to pay anything to the account,

I would ignore and see what comes next, keep us updated x