Josefk diary

[Undercover Elsa]

Re: Josefk diary

Aww no!!! Sorry to see that Josef

Could you have a read here and start a new legal thread under the appropriate amount (Above or below £10,000): http://forums.all-about-debt.co.uk/s...rom-a-Creditor

That will then be the official claim thread and we'll move it into AAD+ secure legal.
This old thread will be linked for reference. Is that OK?

Elsa x

[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?

119/9/2015- CLAIM RECEIVED- Got home yesterday evening and the nice people at J&P have lodges a claim now. Can we move to a secure area please?

[josefk]

Re: Josefk diary

• 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

22/8/2014 Update - Like many others it seems this has been bought by Lowells. I had sent off a missing PTs letter which has never been answered and all had been quiet since March. Niddy has deemed it enforceable. I'll send off a SWID to Lowells. As far as I have read the photocopied bits of paper they sent for T&Cs there is nothing that quantifies the PPI aspect at all. One thing that is annoying is that I also received a text on my phone from Hamptons about this, not happy as it is a service phone and not sure where they got the number from. Anything else at this point to do?

25/9/2014- Update- Received a letter from Lowells saying Capital One hasn't yet been able to come up with the agreement following me sending them the SWID letter. Be interesting what does come back as Crapital one sent a photocopy of an application form along with a shed load of terms and conditions which were allegedly on the back of that little form. They also sent a letter stating they do not keep the original contracts. Just sitting and waiting now.

18/10/2014 -Update- Received a very nice letter today from Lowells. It seems Crap one cannot find any agreement (yep, I know. All they could have got was an application form as they had already said they had no agreement) to give Lowells who had purchased the debt so they have now closed the account and I will sadly no longer hear from them.

15/12/2014- UPDATE- Well here's one I never wanted to update but two months after telling me they can't find anything they find the application form and have sent some terms and conditions on separate sheets of paper and some account transactions over the years. I had sent the sold whilst in dispute letter to Lowells originally as it was being disputed with Crapital one when they sold it. Any ideas?? Both Crapital one and Lowells state they don't have the agreement but they have the application form?

18/2/15- Update- SaltnVinegar was correct and Lowlifes treated my SWID and the Application received letter as a complaint. Received an update that since it is over 8 weeks I can now complain to the FOS. Is that worth a move as I know they take a while and the reality is that they are trying to palm off an application with no prescribed terms present as the agreement? They've even contradicted what Crap One said about the application form in their reply back in December so they can't both be right. Any suggestions always gratefully received.

20/2/15-Update- Had a response from Lowlifes and again SnV was spot on that the response to the letters that they took for a complaint was that everything is fabulous, everything totally enforceable so pay up. Was thinking that the CPUTR letter may be worthwhile. They have admitted to not keeping agreements, they state that the T&Cs sent would not have been with the application form but sent "later" so none of the terms would have been present as needed. Any suggestions?

21/2/15- Having some time to think about it I will send the Refusal to accept UE to them unless anyone thinks another one is better. Always open to ideas though.

19/4/2015 -UPDATE- I sent off the refusal to accept UE letter and heard nothing at all from Lowlifes. Yesterday I received a letter from Fredricksons, which had the letter inside it stating that Freds were going to deal with it which was from Lowlifes so they are obviously saving on the postage. Anyway, I think there is a very real threat inside the letter as it states that if there is no information as to how the debt will be settled then Bryan Carter will commence legal action. They detailed the court fee and solicitors fees etc so unless anyone has any other suggestions I will be sending the LBA response to them Tuesday. Funny that it's back with Freds, saw them off with this one before finding this great place. Anyhow, all suggestions welcome.

8/9/2015 -UPDATE- A bit late with the update as been busy settling into a new job and dealing with another one. I sent off the LBA To Freds and after receiving a holding letter I received, a few weeks ago now whilst on holiday, a letter telling me that if I wanted the information I've asked for in the LBA then I need to send a SAR to Crap One. Since there was no threats etc I put it to one and then forgot about it. Anyway, I've now started getting telephone calls from Freds so the're obviously getting active again. Was going to send a one liner asking them to comply with the LBA along with a sod of calling me template. Any other ideas?

[MrsD]

Re: Josefk diary

Josefk did you send the LBA before you went on holiday or was it only in April

either way I'd be sending an urgent one liner referring them to that LBA and pointing out that it's been ignored.

carefully, not admitting anything

dear muppets

please note that the letter of blah received and signed for at your office appears to have been completely ignored by yourselves.
The contents need to be addressed urgently.

yours

Josef

might be too late to stop papers but there is no harm in having a go and I have used this to stop papers here in Scotland

[josefk]

Re: Josefk diary

I think it's highly likely that you will receive a claim as PRA (and Judge and Priestley) seem to be issuing quite a lot at the moment

I hope you had a good holiday.

The holiday was nice. If nobody has a cunning plan then I will have to wait for the claim to plop through the door. No NOA at any time for this one from the initial flogging of it from MBNA to PRA having it.

[Pixie]

Re: Josefk diary

I think it's highly likely that you will receive a claim as PRA (and Judge and Priestley) seem to be issuing quite a lot at the moment

I hope you had a good holiday.

[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.

27/8/2015 -Update- Received another letter from J&P following the letter I sent asking for the rest of the information asked for in my LBA. They just state the letter is noted and ask for the income/expenditure information is sent within 7 days or they will commence legal action. Any ideas? Not going to do the form anyway.

[nanna58]

Re: Josefk diary

Have a great rest x

[josefk]

Re: Josefk diary

So the only missing item from your LBA request is the all-important Notice of Assignment.

J & P will know that PRA have recently found themselves in real difficulty in court when they can't produce that. The court needs proof that they have a legal entitlement to collect the debt. If they can't prove that then they can't have any money.

Don't flag that up in your letter though. Let them make their own mistakes. Sometimes a paper trail with a bit of paper missing is an even better paper trail

Enjoy your holiday. You deserve it.

Plan B x

Hi Plan B, yep the NoA is missing along with the correspondence between them and the creditors.

I won't raise exactly what is missing though.

The holiday is needed believe me, just quit my job of 28 years as well, so strange times.

[PlanB]

Re: Josefk diary

asking them to action the initial request.

So the only missing item from your LBA request is the all-important Notice of Assignment.

J & P will know that PRA have recently found themselves in real difficulty in court when they can't produce that. The court needs proof that they have a legal entitlement to collect the debt. If they can't prove that then they can't have any money.

Don't flag that up in your letter though. Let them make their own mistakes. Sometimes a paper trail with a bit of paper missing is an even better paper trail

Enjoy your holiday. You deserve it.

Plan B x

[Pixie]

Re: Josefk diary

Thanks Elsa. My only regret in all of this is I never found AAD until 2 years after running into trouble in the first place. If I had then I'd have a few less grey hairs now.

Better late than never!

[cymruambyth]

Re: Josefk diary

Thanks Elsa. My only regret in all of this is I never found AAD until 2 years after running into trouble in the first place. If I had then I'd have a few less grey hairs now.

A sentiment which many of us feel!

[josefk]

Re: Josefk diary

If they do, you can be seen to have followed the correct protocols even if they haven't. They run the risk of costs for unreasonable behaviour as happened recently with a members case.

Enjoy your holiday and try not to worry. You couldn't be in a better place for help dealing with it if they do issue

Thanks Elsa. My only regret in all of this is I never found AAD until 2 years after running into trouble in the first place. If I had then I'd have a few less grey hairs now.

[Undercover Elsa]

Re: Josefk diary

If they do, you can be seen to have followed the correct protocols even if they haven't. They run the risk of costs for unreasonable behaviour as happened recently with a members case.

Enjoy your holiday and try not to worry. You couldn't be in a better place for help dealing with it if they do issue

[josefk]

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

Thanks for that, I will get that sent off tomorrow. From what I hear about this bunch it may not do any good and they'll press on regardless but there's a good paper trail which they've ignored along the way such as the missing terms letter etc.