Josefk diary

[Never-In-Doubt]

Re: Josefk diary

Hiya

Youve totally misread/misunderstood. Carey allows provision for a lender to create a recon.

Claimant or defendant - it makes no difference. They have sent the original copy of your signature and sent recon terms. That is acceptable SO LONG as the terms were relevant to your account. If not that's a different matter; I don't know the answer to that....!

[josefk]

Re: Josefk diary

I'm just a bit confused which is probably my fault as I was looking through the templates trying to get some understanding of things and one of the letter states:
For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

Trying to understand why that would be stated in the letter if the reality is that they can just send part of an application form and cut and paste something together whether you have ever seen it before or not.

I really do apologise if I'm appearing obtuse but I am really confused.

[Never-In-Doubt]

Re: Josefk diary

You can't learn the cca overnight nor can I teach it you. You'll have to trust our view or do it yourself.

The fact is they have complied so if it were me I'd blag it.

[josefk]

Re: Josefk diary

I'm happy to blag but would need some guidance.

[PlanB]

Re: Josefk diary

I'm happy to blag but would need some guidance.

We're good at blagging on here. You'll soon learn how to do it

[MrsD]

Re: Josefk diary

so start to blag by sending off http://www.all-about-debt.co.uk/old/...escribed-terms

if you haven't already, have a read around the diaries, lots of info in there, it will let you see how the process works

[josefk]

Re: Josefk diary

That's a great start, thanks for that. I'm going to wait and see if the response to my proper cca request matches what was sent after I was asking fredricksons for the agreement.

In the terms sent it mentioned ppi would be taken, never states a figure though, that would come under a prescribed term wouldn't it?

[Never-In-Doubt]

Re: Josefk diary

In the terms it explains ppi and the % taken etc. The terms are accepted.

Ive said before you're searching for the impossible; it's good. The agreement will win in any court so forget fighting PT's and such. Right now you need to blag it and try and see out SB. Start by issuing the template linked above.

[josefk]

Re: Josefk diary

Received a response from moorgate (this time from their Arden subsidiary) in response to my CCA request stating that since I haven't made an offer they will forward to their legal team. Not very helpful of them.

[Never-In-Doubt]

Re: Josefk diary

Received a response from moorgate (this time from their Arden subsidiary) in response to my CCA request stating that since I haven't made an offer they will forward to their legal team. Not very helpful of them.

I thought you were blogging it?.

If so you need to do this --> http://forums.all-about-debt.co.uk/s...l=1#post381816

[josefk]

Re: Josefk diary

My bad one Niddy. I am going to blag the cap. one debt, this was one of my other ones. I have two debts that have been bought by Moorgate and they send letters from their different company names so as to confuse things. I sent off the CCA request to them last week and that was their response today. I need to post and attach it to the info I initially posted but not sure how you do that so the info increases like in other people's diaries.

I know that probably sounds a bit daft when I work out how to add onto the bottom I will do.

[Never-In-Doubt]

Re: Josefk diary

Ok don't worry, so please try and use the normal diary format - it makes life easier especially now as you're starting out. Regards this one you need to sit tight and not respond as they are in default of your s.78 so they cannot enforce.

Just keep us updated.....

[josefk]

Re: Josefk diary

I was trying to do that, failed miserably, do you just do a reply with quote to where you originally wrote the info? I shamefully admit I will never be a techie.

[jassasblue]

Re: Josefk diary

I was trying to do that, failed miserably, do you just do a reply with quote to where you originally wrote the info? I shamefully admit I will never be a techie.

josefk - this is what 'Reply with Quote' looks like, I used this option on your post above.

If you had selected 'Reply', it doesn't show the previous comment like this post does, hope this helps

[josefk]

Re: Josefk diary

Last but not least:

• Type of account First Direct CC
  
  
• Date commenced Allegedly 2003 and 2007 (Had no reason to take any card out in 2007 and that year was very memorable as all debt had been cleared)
  
  
• Approx balance £4000 and £6000
  
  
• Date last paid Jun 2011
  
  
• Are you on arrangement or not paying Was in DMP now stopped
  
  
• Status Again no defaults received but obviously in arrears
  
  
• Account owner Moorgate, Idem, Arden (all sending letters, all one firm out of the same address just using different headings)

Have asked for credit agreement 6 times, nothing received. Sent some information saying they bought loan and the dates I allegedly took cards out. Honestly believe the 2007 is very wrong.

Obviously will need to do the £1 fee request but it has gone quiet from them. Nothing heard in a few weeks where they were sending almost weekly.

Again any advice gratefully received.

Received a CCA for the 2007 card which I need to send off to Niddy but also today received a solicitors letter from the account that they haven't sent a CCA for. What is the best response to that letter as they're about out of time for the CCA?