Josefk diary

[Pixie]

Re: Josefk diary

I did wonder about sending a one-liner or a new LBA. Good thinking about adding the part about being away

Enjoy your holiday

[Undercover Elsa]

Re: Josefk diary

Hi Josefk,
As they've already provided part of it, if it was me I'd put something on the lines of

"Thank you for the documents recently provided in response to my letter of xxxx. I would be most grateful if you would supply the rest of the documents requested at your earliest convenience. I enclose a copy of my letter for your reference.
Please note that I will be away from xxxx to xxxx. Should a claim be issued in this period the court will be notified that you were given written notice that I would not be available to respond."


Elsa x

[josefk]

Re: Josefk diary

I would and maybe highlight the part that says

Thanks Pixie, I will print out the April letter and highlight that sentence and then just send a one liner asking them to action the initial request. Fingers crossed.

[Pixie]

Re: Josefk diary

I would and maybe highlight the part that says

Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

[josefk]

Re: Josefk diary

need to send the LBA response now as this mob are a trifle trigger happy.

I did send the LBA in April, they haven't sent everything asked for, i.e.the correspondence, notice of assignment and the termination letter.

Do I just send another one and hope for the best?

[Deepie]

Re: Josefk diary

need to send the LBA response now as this mob are a trifle trigger happy.

link ----> http://forums.all-about-debt.co.uk/s...l=1#post495044

[MrsD]

Re: Josefk diary

need to send the LBA response now as this mob are a trifle trigger happy.

[josefk]

Re: Josefk diary

• 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?

30/1/15 -Update- After sending off the Missing terms letter I've heard nothing for roughly 9-10 months. Issues never addressed. Andrew had a look and said the agreement did not comply with S78. Got a letter stating name of Aktiv has changed so pay up. Filed that and will wait for next letter unless any other views?

17/3/15 -Update- Received a letter today from PRA group saying my account is now with investigations and Litigation group. AK who were handling before the name change never bothered to reply to the missing terms letter after Andrew reckoned info sent was UE. Have noticed on the letter they state original creditor was Varde Experto strangely enough. Shall I send a copy of the missing PTs letter or something else?

30/3/2015-Update- I was waiting the 14 days before sending off the CCA request but received a letter today stating that PRA have transferred the case to their solicitors with a view of starting a court claim. Should I treat as a LBA or just get the CCA off now?

7/4/2015 -Update- Bit of a surprise in that I received today the same CCA form as I got last time, all in less than a week of sending the request. I was thinking of sending back the missing terms letter which is what we did last year as it is pretty obvious someone there is hot with the trigger finger. My problem with this one is that Niddy said Kinda enforceable whereas Andrew said it was UE. It has the agents name on the application form with no signature from MBNA so does that make it an unexecuted agreement? Any thoughts?

21/4/2015-UPDATE- Sent off the missing PT letter to PRA. No response whatsoever from them. Got a letter today from Judge & Priestley Solicitors saying if not repaid within 7 days they will commence proceedings without further notice. I am going to treat this as a LBA and send off the response to them. Still not had any confirmation back as to whether it is UE or why the difference of opinion though. Any other thoughts?

30/7/15-UPDATE- Received a little package from Judge & Priestley today, dated the 27th so lost 3 days of reply time already. They have enclosed the agreement/application form, a default notice from 2010 and some statements. Niddy has said because of the missing terms (Paragraphs 11, 13 & 14) and the fact that it was filled out by the girl in the theatre foyer and just had a quick signature that it was improperly executed and UE. They want a financial I&E form filled out and returned within 10 days otherwise they will commence legal action without notice. Did send a LBA back in April. Need to act quickly as about to go on holiday Monday and could do without a claim when I get back.

Any ideas on how to handle now?

[IF]

Re: Josefk diary

Cheers Niddy, did I ever tell you I don't mind Rangers now??

[josefk]

Re: Josefk diary

Then it is improperly executed and s.60/61 will result in a judge deeming it irredeemably UE (in my view anyway) - they cannot remedy what was never issued to you.

This is UE all the way to the court!

Cheers Niddy, did I ever tell you I don't mind Rangers now??

[Never-In-Doubt]

Re: Josefk diary

Then it is improperly executed and s.60/61 will result in a judge deeming it irredeemably UE (in my view anyway) - they cannot remedy what was never issued to you.

This is UE all the way to the court!

[josefk]

Re: Josefk diary

Cheers Niddy, the paperwork mentions that paragraph 11a about changing interest rates etc but it is not on the actual form. The paperwork just under the signature box mentions sections 13&14 in T&Cs provided which were not there at the theatre and not sent.

[Never-In-Doubt]

Re: Josefk diary

See here --> http://forums.all-about-debt.co.uk/s...l=1#post497768

[Never-In-Doubt]

Re: Josefk diary

Did she smile at your carer after you said you'd only get a Rangers one?

Do you want help...!!

[Spud]

Re: Josefk diary

Did she smile at your carer after you said you'd only get a Rangers one?

That is pretty brave........