Josefk diary

[Never-In-Doubt]

Re: Josefk diary

Leave this with me. I'll move to legal section later. Andrew informed.

Niddy.

[Never-In-Doubt]

Re: Josefk diary

The claim is now here -> http://forums.all-about-debt.co.uk/s...ries-vs-Josefk

Please do not post here in relation to it (the last 18 posts).

[josefk]

Re: Josefk diary

Originally Posted by josefk
My Barclaycard issue

• Type of account Barclaycard (Kindly bought from Egg)
  
  
• Date commenced ? 1999
  
  
• Approx balance £4000
  
  
• Date last paid Last full payment probably around July 2011
  
  
• Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013 due to paying people I had never heard of.
  
  
• Status No default received but they state it is defaulted
  
  
• Account owner Barclaycard, already sent to one DCA and batted back

I have acknowledgement from Barclaycard stating that they have not got the paperwork which would enable this to be enforceable, they admit to it being unenforceable directly. One DCA tried to collect then sent it back now got Moorcroft trying their luck. Is there a good letter to send for this occasion?

Regards

• Here------> Letter Previously Confirming No CCA

Received a letter from moorcroft stating they've been told from their client (barclaycard) that they believe the agreement is enforceable. This is after I sent them a copy of the letter from Barclaycard stating it was unenforceable.

Feel like telling them to foxtrot oscar and prove it but may be a better way forward?

[Never-In-Doubt]

Re: Josefk diary

You can write a one liner saying

"I suggest you re-read the letter I sent you from Barclays and recourse this account immediately as any additional breaches of the FCA Consumer Credit Sourcebook will not be tolerated. I refer you to section CONC 13.1.6(4) which clarifies my stance.

I shall all no longer communicate with you regards this matter and suggest you return it to the original creditor. "

That at ought to do it

[Never-In-Doubt]

Re: Josefk diary

CONC 13.1.6(4) is here - for your reference -> http://fshandbook.info/FS/html/handbook/CONC/13/1

[josefk]

Re: Josefk diary

You can write a one liner saying

"I suggest you re-read the letter I sent you from Barclays and recourse this account immediately as any additional breaches of the FCA Consumer Credit Sourcebook will not be tolerated. I refer you to section CONC 13.1.6(4) which clarifies my stance.

I shall all no longer communicate with you regards this matter and suggest you return it to the original creditor. "

That at ought to do it

Thanks for the response Niddy.

Sorry to pester but a bit twitchy following the court letter but would you be able to look at the two CCAs I sent over? I know you are busy so I do apologise for asking.

[Never-In-Doubt]

Re: Josefk diary

This isn't the same account as the claim is it? Barclays confirm they cannot comply with s.78 so they CANNOT enforce. Don't be twitchy; you'll be fine

send the above. Let them return it to Barclays to deal with.

[josefk]

Re: Josefk diary

This isn't the same account as the claim is it? Barclays confirm they cannot comply with s.78 so they CANNOT enforce. Don't be twitchy; you'll be fine

send the above. Let them return it to Barclays to deal with.

Sorry Niddy, I was getting twitchy as one of the CCAs I sent you is also with the firm that has started proceedings, different debt though.

The Barclays one is just annoying to be honest.

[josefk]

Re: Josefk diary

• Type of account halifax Overdraft
  
• Date commenced Sept 2011
  
• Approx balance £1,000
• Date last paid June 2013
• Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013.
• Status No default received but they state it is defaulted
• Account owner Halifax but chased my Moorcroft

I was paying this off as part of my DMP, when I stopped paying that this one also stopped. halifax wrote and I sent a cheque to them for the amount that the DMP was paying but rather than cash the cheque they have sent it to Moorcroft. I wrote to moorcroft stating I had no desire to deal with them and return to original lender. They replied stating they knew about the previous DMP but pay up, also said account on hold until later in April.

Any suggestions?

[Pixie]

Re: Josefk diary

Moorcroft are entitled to collect the money on behalf of Halifax. If you want to pay then send the payments to Moorcroft. However why don't you have a read of Overdrafts-CCA Information ?

[josefk]

Re: Josefk diary

Second issue:

• Type of account MBNA CC
  
  
• Date commenced Possibly 2006
  
  
• Approx balance £4300
  
  
• Date last paid Probably June 2011
  
  
• Are you on arrangement or not paying Was in DMP but ceased as above
  
  
• Status Never received any default but in arrears due to not paying
  
  
• Account owner Aktiv Kapital

Have asked four times for the credit agreement. Nothing answered in first three letters. response to fourth was asking me to confirm old address. Probably need to do the £1 fee request for the agreement.

Unfortunately the CCA is kinda enforceable according to Niddy. What is the chance of me having only enforceable CCAs??

Will send off the missing terms letter to them though they have been very quiet for a good while (a month or so).

Now for many reasons I have yet to send off the missing terms letter but it's now approaching six weeks since hearing from the two that I need to send missing terms letters to. Is it a good thing to still send the letters and possibly disturb a sleeping dog but gets a letter disputing things into the system or is it something to let it go until they contact again?

[josefk]

Re: Josefk diary

Last but not least:

• Type of account First Direct CC (Actually an MBNA card DCA Stated wrongly)
  
  
• Date commenced 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
• 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.

Niddy unfortunately reckons kinda enforceable so will send off a missing terms letter.

How do people do the nice long list of goings on as I'm sure I'm updating my diary kinda wrongly?

[Pixie]

Re: Josefk diary

There's no right or wrong way josefk.

What I do with my diary is click on edit for the original post and add a note about what letter I've received/sent. If you look at the link you'll see that I use different colour fonts for received/sent. I also add a post to the end of the thread saying what's happened or if I want to ask for help from other users.

I usually link to the relevant post/debt by clicking on the hashnumber at the top of the post (for this post it will be #73). This will open the post in a new window, then just right click in the address bar and click copy, then paste it into the post. Alternatively, you can click on "Reply with quote" below the relevant debt's original post and that will quote the list of actions for that debt. HTH

[josefk]

Re: Josefk diary

There's no right or wrong way josefk.

What I do with my diary is click on edit for the original post and add a note about what letter I've received/sent. If you look at the link you'll see that I use different colour fonts for received/sent. I also add a post to the end of the thread saying what's happened or if I want to ask for help from other users.

I usually link to the relevant post/debt by clicking on the hashnumber at the top of the post (for this post it will be #73). This will open the post in a new window, then just right click in the address bar and click copy, then paste it into the post. Alternatively, you can click on "Reply with quote" below the relevant debt's original post and that will quote the list of actions for that debt. HTH

Thank you Pixie, I appreciate the time you took to run me through it. I was wondering how everyone's was looking quite nice and mine was a bit of a dogs dinner.

[josefk]

Re: Josefk diary

I have started on my journey already and have been lucky enough to have Barclaycard admit to their purchase of an old egg card being UE and Lowells also wiped my balance off after asking them to send a copy of my credit agreement.

This is my first issue below:

• Type of account Capital One cc
  
  
• Date commenced ? Feb 2004
  
  
• Approx balance £7600
  
  
• Date last paid Last full payment probably around July 2011
  
  
• Are you on arrangement or not paying Had a DMP but stopped paying this in June 2013 due to paying people I had never heard of.
  
  
• Status No default received but they state it is defaulted
  
  
• Account owner Capital one dealing again after sending it to Freds and Bryan carter

I have received from them an agreement, which is an application slip and additional pieces of paper they state would have been on the back of the form. Since there's over four pages worth if that is true it would be the worlds smallest writing. They also sent a copy of the alleged defaulted terms and conditions. However this was obtained without sending the £1 fee but following three requests to them, 6 to Freds and one to Carters solicitors. Is it worth sending the agreement and info to Niddy to see or do I need to get the information again using the £1 fee method? If I need to send again I will have to wait a week or so as the 30 days window will not be up.

Any advice gratefully received. Thanks

23.4.2014. Niddy had said the CCA looks enforceable so we sent off a missing terms letter. Cap One replied waffling on about legibility of documents so a letter was sent referring them to the letter sent regarding missing terms. Like the helpful souls they are they replied today saying they couldn't help as the account has been sent off to a debt collector. Has already been with Fredricksons and Bryan Carter so presume I just wait to see what comes or do I need to respond to Cap one? The DCA is not going to be of any use if the OC is no help.