FiscalFool's UE Diary

[fiscalfool]

The background is that I had an excellent credit rating, and had some left over debt from a previous relationship. I started a new relationship, and we quickly found out that we needed a larger house (kids)!. I'd set a budget for the house, planning to keep my old house to rent out. However we found a marvellous house that was beyond our budget, but the sale of my old house would put things back into context. So we proceeded to buy the new one, put my old house on the market. But my sale of my old property fell through, so I continued regardless and rented it out.

The new house needed new furniture, and my ex partner wanted a "good life". I spent like mad on furniture kitting the place out. With the credit crunch hitting hard, the payments on the cards were increasing, and I hit a point where I'd asked her several times to reign in the spending on things ... but she would still spend a fortune on expensive groceries etc.

I had a LBM in Feb 2010 and spoke to CCCS and Payplan. I decided to go ahead with Payplan. Then in the March, her and I decided to part ways.

She moved out in October, and split the PayPlan .. which I have set at a very low amount every month to allow me to try to save for a house deposit. But with Christmas, Tax Bill and Car expenses it hasn't happened!

The house sale completes next month and I am stuck looking for a house to rent! My credit rating is shot, so unlikely I would get accepted. There isn't anyone that I would feel comfortable asking to be a guarantor! So pretty unsure of where I shall be living next month! aaargh.

Anyway, once I have moved, I will be financially split from my ex, and able to proceed with some serious Financial changes. I'm considering IVA or even BR. But, in the spirit of "Dr Pepper, what's the worst that could happen", I've decided to give Unenforceability a go. If I can prove that I some of my debts are not enforceable, then I can concentrate on paying more through my DMP to clear the others, and hopefully avoid the IVA/BR scenario.

I've been a long time user of MSE forums, when SunnyLooLoo pointed me here, and I recognised Niddy (Never-In-Doubt). So with his help and advice I am about to set off on my UE journey.

Key

sent
received
other information

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Abbey PLC - Cahoot Fixed Rate Loan

Type of account (credit card/loan) = Flexible Loan
Date commenced (ideally before Apr 2007) = August 2004
Approx balance = £15k (and rising, thanks to 16% interest!)
Date last paid (approximate date you last made a FULL payment) = January 2010
Are you on arrangement or not paying = DMP Arrangement
Status (default/in arrears/up-to-date) = Account in arrears, but up to date with arranged payments!
Account owner (who is writing to you, a DCA or the lender) = Lender, Santander.

28/01/2011 I have found my copy of credit agreement if you wish to inspect that.
28/01/2011 Ready!
01/02/2011 CCA Request sent, 1st Class Recorded with Postal Order stapled inside.
16/02/2011 CCA Request received, uploaded for Niddy.
16/02/2011 Niddy says therefore send this back: ---> CCA Query - Missing Prescribed Terms
25/03/2011 CCA Query - Missing Prescribed Terms - SENT TODAY! (Just got straight after house move!)
08/04/2011 Letter received from Santander - I assume it's in response to the above. Random reference number, and no mention of my account! Uploading
15/04/2011 DMP cancelled - Let the barrage of letters begin!
*** Other letters received saying "sorry for delay we are still looking into your complaint" (I guess it's from the CCA Query letter). Nothing of note. ***
15/06/2011 Letter received from Santander (dated 7th June) - Saying "Start paying us now"! Won't upload unless needed.
15/06/2011 Letter received from Santander (dated 9th June) - Finally a response to the CCA Request. Interestingly despite the letter being dated 9th June 2011, one attachment was dated 13th June! Uploading
17/06/2011 YELLOW Letter received from Santander (not dated) - Saying urgent give us a call on this number. I didn't!
17/06/2011 Santander called me on my work mobile. I agreed to call them back. They removed my work mobile from their contact sheet, and replaced it with my personal number. (was a bit slow, should have given my "free sim" number, as I never answer that one! She asked me to start making payments. I explained I'm still in dispute with it, she was fine
24/06/2011 Letter Sent: CCA Query - Creditor Refusal to Accept UE Status
27/06/2011 Letter received from Santander (Dated 24/06/2011) - They've apologised for last agreement sent, and have found my actual one. Shame it's still not enforceable!
13/07/2011 "Default Notice" from Santander. Scanned/Uploaded. Recd 16-23/07/2011 (During Vacation)

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Barclaycard - Platinum

Type of account (credit card/loan) = Credit Card
Date commenced (ideally before Apr 2007) = Not Sure ... Certainly Pre 2001.
Approx balance = £3k (Interest Currently Frozen)
Date last paid (approximate date you last made a FULL payment) = January 2010
Are you on arrangement or not paying = DMP arrangement
Status (default/in arrears/up-to-date) = Up to date with arrangement, account in arrears though.
Account owner (who is writing to you, a DCA or the lender) = Barclaycard.

28/01/2011 Ready!
01/02/2011 CCA Request sent, 1st Class Recorded with Postal Order stapled inside.
03/02/2011 Checked statement today, first time in ages. It appears "Mercers" are now dealing with this. Will see what CCA request via Barclaycard brings.
05/02/2011 Received letter today from Mercers saying "You've failed to make payments, here is your DEFAULT notice, please pay us now, and respec' our authoritaiiiii!" Filed ... ignored!.
08/02/2011 Received letter today from Barclaycard saying "We acknowledge that we have received your request under S.78. We will respond to you as soon as we can!"
15/04/2011 DMP cancelled - Let the barrage of letters begin!
29/06/2011 Received agreement from Barclaycard. Took their time!!! Uploaded for Niddy.
18/07/2011 "Response" letter from Barclaycard. Scanned/Uploaded. Recd 19-23/07/2011 (During Vacation)

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Barclaycard - Premier

Type of account (credit card/loan) = Credit Card
Date commenced (ideally before Apr 2007) = 2008/2009
Approx balance = £12k (Interest Currently FROZEN)
Date last paid (approximate date you last made a FULL payment) = January 2010
Are you on arrangement or not paying = DMP Arrangement
Status (default/in arrears/up-to-date) = Up to date with arrangement, but account in arrears.
Account owner (who is writing to you, a DCA or the lender) = Account sold to CABOT.

12/01/2011 Letter from Barclays saying debt sold to CABOT
28/01/2011 Ready!
01/02/2011 CCA Request sent, 1st Class Recorded with Postal Order stapled inside.
10/02/2011 Letter from CABOT, dated 07/02, saying "We don't have your info on file. We have asked Barclays to supply it. Oh and by the way, we don't accept the £1 statutory fee, so have it back! They anticipate replying within 12 days.
28/02/2011 Letter from Barclaycard - not quite my CCA, and also copies of "Barclays Premier Credit Card Conditions"
25/03/2011 Scanned and sent the above CCA letter to Niddy!
30/03/2011 Niddy says: Send off ---> CCA Query - Missing Prescribed Terms
31/03/2011 CCA Missing Prescribed Terms sent to both Cabot and Barclaycard, 1st Class Recorded.
09/04/2011 Letter from Barclaycard - Again stating that the debt is legitimate and they don't have to provide a full CCA, scanned and about to upload.
09/04/2011 Letter received from Cabot - Stating that they haven't received the CCA from Barclaycard and they recommend I continue paying even though they've marked it as Unenforcable!
15/04/2011 DMP cancelled - Let the barrage of letters begin!
15/07/2011 Letter received from Cabot - Notice of Arrears.
15/07/2011 Sending letter back to Cabot saying Creditor refusal to accept UE
18/07/2011 "Failed Arrangement" letter from Cabot.
25/07/2011 "Statement of Account" letter from Cabot. Recd 29/07/2011
26/07/2011 "Our response to your correspondence" letter from Cabot. Scanned/Uploaded. Recd 29/07/11

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Egg Prudential - Egg Credit Card

Type of account (credit card/loan) = Credit Card
Date commenced (ideally before Apr 2007) = April 2006
Approx balance = £11.5k (Interest Currently FROZEN ... I think)
Date last paid (approximate date you last made a FULL payment) = January 2010
Are you on arrangement or not paying = DMP Arrangement
Status (default/in arrears/up-to-date) = Up to date with arrangement, but account in arrears.
Account owner (who is writing to you, a DCA or the lender) = Egg

28/01/2011 Ready!
01/02/2011 CCA Request sent, 1st Class Recorded with Postal Order stapled inside.
14/02/2011 CCA Request Received, sent on 10th February. There's 6 pages of agreement then pages printed from Internet Explorer with terms and conditions, then another agreement with my latest address on.
15/02/2011 CCA uploaded onto Forum for Niddy
22/02/2011 Niddy said
22/02/2011 Niddy suggested ---> CCA Query - Missing Prescribed Terms and trying to blag it.
25/03/2011 Sent CCA Query - Missing Prescribed Terms
14/04/2011 Letter Received, sent on 8th April. Saying they have received my complaint and are dealing with it ... sorry for delay! [Uploaded]
14/04/2011 Letter Received, sent on 11th April. Saying we have reviewed your request and you still owe us money! [Uploaded]
15/04/2011 DMP cancelled - Let the barrage of letters begin!

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Santander - Personal Finance - Car

Type of account (credit card/loan) = Personal Finance Loan
Date commenced (ideally before Apr 2007) = March 2009
Approx balance = £15k, Redemption Figure of £13k
Date last paid (approximate date you last made a FULL payment) = February 2011
Are you on arrangement or not paying = No, Paying full payment each month
Status (default/in arrears/up-to-date) = Up to date
Account owner (who is writing to you, a DCA or the lender) = Santander

28/01/2011 Ready!
01/02/2011 CCA Request sent, 1st Class Recorded with Postal Order stapled inside.
17/02/2011 CCA Request Received, dated 16th Feb and sent back via Recorded post. Signed for it Uploaded for Niddy!
22/02/2011 Niddy says:
22/02/2011 Niddy suggested not making token payments until they default me.
25/03/2011 Been receiving a slew of letters to set-up my direct debit. Telling me that I am in Default, but not issued Default YET! Holding on tight and just ignoring them!
26/03/2011 DEFAULT Recevied in Post - Dated 16th March. Did they leave it on the side for two weeks before posting!?!
19/04/2011 External Collection Action Notice - Recevied in Post - Dated 14th April. Received between 18-20th April while I was away on business. - Uploaded
19/04/2011 TERMINATION Notice - Recevied in Post - Letter Undated. Received between 18-20th April while I was away on business. - Uploaded
21/04/2011 48 Hour Notice - Recevied in Post from "CodeRED" Collections - Letter Dated 17th April. Uploaded
28/04/2011 Uploading Finance Agreement for Niddy to review!
28/04/2011 Niddy said "Bl**dy hell - This is more complicated than thought. Seek advice from my colleague <name omitted>
13/05/2011 Letter - Recevied in Post from "CodeRED" Collections - Letter Dated 24th April. (seems it takes them a week to process their post! Uploaded
14/05/2011 Letter - Recevied in Post from "CodeRED" Collections - Letter Dated 28th April. Passing back to Santander for Legal Action Uploaded
16/05/2011[COLOR=#0000ff] Following conversation with Paul, have spoke to Santdander and they have removed Finance Marker ... so I can now sell the car, and be able to offer Santander a regular payment. To be arranged shortly! Santander confirmed that they would not sell my debt to a DCA.
19/05/2011 Letter - Recevied in Post from "Anglia" Collections.
25/05/2011 Letter - Recevied in Post from "Anglia" Collections.
27/05/2011 Sent Anglia an email saying "Debt sold while in dispute", "no doorstep visits", "Do not harass me" ... "Refer to original lender"
23/06/2011 Crikey time has flown since last update. I've not heard back from Anglia, so preparing a letter to send to Santander making an offer of reduced payment. Emailed Paul to see if he's had chance to check the Default Notice before I go ahead and post the letter, as if served incorrectly the default can have an impact!
15/07/2011 Letter - Recevied in Post from "Anglia" Collections.
15/07/2011 Sent Anglia a copy of previous email saying "Debt sold while in dispute", "no doorstep visits", "Do not harass me" ... "Refer to original lender", and told them to re-read it!
13/07/2011 "Notice of Impending Action" Santander. Scanned/Uploaded. Recd 16-23/07/2011 (During vacation)
22/07/2011 "Demand for Full Repayment of the Outstanding Amount". Scanned/Uploaded. Recd 29/07/2011
22/07/2011 "Thank you for your recent complaint" from Santander. Scanned/Uploaded. Recd 29/7/2011 Talking about Policy ?? Confused!

[Never-In-Doubt]

Re: FiscalFool's UE Diary - and General Journal!

Questions
Here are some numpty questions, but hopefully it will form a FAQ for other readers.

Q1. Should I continue payments via DMP while investigating UE? Even if it's a small token one?
A. No

Q2. I now have a Co Op Cashminder account, with no cheque book. Should I send Postal Orders instead?
A. Yes

Q3. If the debt is sold, before I start taking action ... who is my argument with?
A. Whoever writes to you

Q4. As I am moving house, I will be using a postal redirection service. BUT am I legally obliged to give them my new address and one telephone number?
A. No, do a mail redirect and do not tell them the new address.

See above, in red.

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Questions
Here are some numpty questions, but hopefully it will form a FAQ for other readers.

Q1. Should I continue payments via DMP while investigating UE? Even if it's a small token one?
A1. No

Q2. I now have a Co Op Cashminder account, with no cheque book. Should I send Postal Orders instead?
A2. Yes

Q3. If the debt is sold, before I start taking action ... who is my argument with?
A3. Whoever writes to you

Q4. As I am moving house, I will be using a postal redirection service. BUT am I legally obliged to give them my new address and one telephone number?
A4. No, do a mail redirect and do not tell them the new address.

Q5. Is it worth including my 2010 car Personal Finance with Santander? I know they are sticklers for adhering to processes, and it's not pre 2007.]
A5. Yes, does no harm! Although you know you don't have a leg to stand on but hey, there could be an error on the agreement so worth doing!

[MustGetStraigh]

Re: FiscalFool's UE Diary - and General Journal!

Hi just wanted to say Hello, Welcome and Good Luck.
There is tons of useful stuff on here and of course we have Sir Nid.

[Never-In-Doubt]

Re: FiscalFool's UE Diary - and General Journal!

Q5. Is it worth including my 2010 car Personal Finance with Santander? I know they are sticklers for adhering to processes, and it's not pre 2007.]
A5. Yes, does no harm! Although you know you don't have a leg to stand on but hey, there could be an error on the agreement so worth doing!

Updated

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

I suspected as much, I might as well request the paperwork ... just in case they've made a schoolboy error.


Ok, so what first? Send CCA requests to all of the lenders?

[Never-In-Doubt]

Re: FiscalFool's UE Diary - and General Journal!

I suspected as much, I might as well request the paperwork ... just in case they've made a schoolboy error.


Ok, so what first? Send CCA requests to all of the lenders?

That's correct! See here: ---> CCA Request

[LooLoo]

Re: FiscalFool's UE Diary - and General Journal!

Well done on getting it all done so far! Wishing you the best of luck and I'll be following your journey!

[mk_chatham]

Re: FiscalFool's UE Diary - and General Journal!

FF

Welcome to AAD. I too was looking into BR but so glad I tried UE first. Luckily for me all of my CC were UE, well over £30K !!

It can be a frustrating and sometimes time consuming process but compared to trying to pay them all off it's certainly easier.

Buy some large files, one for each debt, trust me you will get plenty of letters to file

Don't worry about asking silly questions, we were all beginners once.

Good luck

MK

[fiscalfool]

Re: FiscalFool's UE Diary - and General Journal!

Ok, before I send out the letters ... I'm moving in less than 3 weeks time ... yet still have nowhere to go to yet ... so that is a bit of a concern! So I plan to send the letters out when I've moved, to save them getting lost in the post redirection etc.

Anyway, until I can prove that they are UE, I'd rather keep paying my £50 a month to PayPlan just to make a token gesture. Then if they are enforceable, I shall keep paying ... if not, then I need to follow through the UE process.

My quandary at present now is my Car Finance. It's a Personal Finance arranged with the car, but is not secured upon the car. Therefore should I pressurise PayPlan to include this Personal Finance in the agreement, and ideally free up some disposable income each month while moving!?
(I realise that Payplan would expect that if I freed up £300 in my budget, then I should contribute that to them each month for distribution ... but I can avoid that for a month or so).

Thinking over the weekend, IF I manage to get UE for one or two of the £10+k debts, then I will stick with a DMP and try to increase my payments. If I don't manage to get UE, then I will have to investigate IVA or BR options.