jonesyd UE Diary

[jonesyd]

Re: jonesyd saga

See my post above, also you shouldn't use "Without Prejudice" as this stops your offer being used in any defence, by you, in court - based on the fact a judgment against you will be stayed if you can prove you tried to negotiate, i'd suggest not doing this yet and seeing what happens in due course - see what and how they come back to your standard responses first.....

Take stock at the end of it all, then consider any offers then - right at the end. In the meantime, you ought to consider including the last 4 accounts as it's pointless being loyal to the partnership - when they see the default data etc come through (via monthly feeds) they will soon restrict/cancel the account - so it's really pointless staying loyal to one company!

As an ex barrister (albeit an extremely young one) you should know most of what i'm saying....

Not so young! "Without Prejudice" - sorry, my error, from another template. I take your point on irrational loyalty - I know there is no "loyalty" and that the charade of it is convenient for me only as long as the informal agreement/token payments we currently have stays in place (see the PM I sent you).

But having said that, for my own convenience only, I would have no objection to settling for a F&FS of 5% if it meant the dispute could be tied off neatly before I leave the UK. So, in essence, what I'm trying to figure out is how to drive them to a position where they would be open to that.

Thanks in any case Niddy - all you've done has been of course v v v helpful.

[jonesyd]

Re: Virgin/MBNA

This is unenforceable as it is simply a short application with restricted terms and most importantly it is illegible. You should respond with this: ---> CCA Query - Application Form Received

However, that said I am more interested right now in the highlighted line above - what was wrong with the DN and what happened there? I'd like to see the DN if poss - we can use that as additional fight if they try court!

Nid, that letter template seems to give the lender the opportunity to dig out the original, yet with MBNA I am post SAR - what I've sent to you is what they've sent to me as a result of the SAR. Isn't their response to the SAR meant to be exhaustive?

[jonesyd]

Re: Lloyds/Mastercard

You'll be interested to know that Lloyds have responded to my SAR with a pathetic sheaf of computer print outs and a letter that says

"Unfortunately, we have not yet been able to locate a copy of your signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you take this matter further, we are confident in our ability to be able to prove this."

Which sort of leads me back to the question in my previous post: once I've asked for and received SAR data, do Lenders in your experience ever then mysteriously find the missing docs? If so, are they generally allowed to rely on the newly-found dosc to pursue a debtor?

[jonesyd]

Re: M&S Money

Nothing received regards to M&S - please email it again?

Thanks

Now sent again.

[jonesyd]

Re: jonesyd saga

In the meantime, you ought to consider including the last 4 accounts as it's pointless being loyal to the partnership - when they see the default data etc come through (via monthly feeds) they will soon restrict/cancel the account - so it's really pointless staying loyal to one company!

As an ex barrister (albeit an extremely young one) you should know most of what i'm saying....

Wouldn't you know it - this morning I received a letter from Partnership telling me they have ended the informal agreement and the account will be passed to the Collections Dept for action. So now I really do need your thoughts on their CCA...

[jonesyd]

Re: Egg

This is unenforceable as there are no accompanying Prescribed terms - also, point to note they use the term approved limit, yes it did lose in court, but that was flawed also (IMO)!! In any case, this is UE and you should be sending this back to Egg: ---> CCA Query - Missing Prescribed Terms

Egg have sent me a letter letting me know that Egg Credit Card account has been terminated.

[Never-In-Doubt]

Re: Lloyds/Mastercard

Nid, that letter template seems to give the lender the opportunity to dig out the original, yet with MBNA I am post SAR - what I've sent to you is what they've sent to me as a result of the SAR. Isn't their response to the SAR meant to be exhaustive?

You'll be interested to know that Lloyds have responded to my SAR with a pathetic sheaf of computer print outs and a letter that says

"Unfortunately, we have not yet been able to locate a copy of your signed agreement. We can assure you that before we opened your credit card account we would have required sight of a signed agreement. If you take this matter further, we are confident in our ability to be able to prove this."

Which sort of leads me back to the question in my previous post: once I've asked for and received SAR data, do Lenders in your experience ever then mysteriously find the missing docs? If so, are they generally allowed to rely on the newly-found dosc to pursue a debtor?

I have advised what to send, what exactly are you questioning? You HAVE to let them dig out the original or confirm they cannot locate it otherwise in court you're screwed if they produce it - however if after a SAR and s.78 request they still haven't sent it then the document that they wish to rely on in court will be as much use as a pregnant nun.

[Never-In-Doubt]

Re: Egg

Egg have sent me a letter letting me know that Egg Credit Card account has been terminated.

I presume you've already had a default notice?

[Never-In-Doubt]

Re: jonesyd saga

Wouldn't you know it - this morning I received a letter from Partnership telling me they have ended the informal agreement and the account will be passed to the Collections Dept for action. So now I really do need your thoughts on their CCA...

Is this an M&S account or a JLP account? I'm confused, really confused......

[Never-In-Doubt]

Re: M&S Money

Nothing received regards to M&S - please email it again?

Thanks

Ahh - sorry it must have been a straggler email...... This is though, enforceable. Sorry....

[Never-In-Doubt]

Re: jonesyd saga

Wouldn't you know it - this morning I received a letter from Partnership telling me they have ended the informal agreement and the account will be passed to the Collections Dept for action. So now I really do need your thoughts on their CCA...

I have not had this CCA......

[jonesyd]

Re: jonesyd saga

I have not had this CCA......

Now sent again - must've been caught in the email downage.

[jonesyd]

Re: M&S Money

Ahh - sorry it must have been a straggler email...... This is though, enforceable. Sorry....

Hmmm... you surprise me with this one - it is not signed by Lender, there is simply a date stamp. Have I missed something?

[jonesyd]

Re: Lloyds/Mastercard

I have advised what to send, what exactly are you questioning? You HAVE to let them dig out the original or confirm they cannot locate it otherwise in court you're screwed if they produce it - however if after a SAR and s.78 request they still haven't sent it then the document that they wish to rely on in court will be as much use as a pregnant nun.

You have already now answered, but perhaps I should have been clearer. What I meant is that if I give Lender 2 opportunities to come up with the correct data, i.e. once in response to a s.78 request and then again, subsequently, in a response to a SAR, and they fail twice, then it seems over-generous to give them a third chance (which the template letter appears to) at my request, so to speak.

I do realise that I have to give them those 2 chances - and realise that they could then afterward dig it out of some deep storage somewhere - but, as you say, by that stage - if they are intending to rely upon it to enforce or take me to court - it will be as much use as a chocolate teapot.

[jonesyd]

Re: Egg

I presume you've already had a default notice?

Yes, on January 11th. As Egg is UE, does the DN make any difference to anything?