Josefk diary

[josefk]

Re: Josefk diary

• 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?

3/5/14- received a letter from the DCA stating they were going to ask Resolvecall to pay me a visit to arrange repayment. Do I respond or wait and see? was going to send a missing terms letter for this one but other events took over.

27/6/14- Received a letter from the two letters I sent off (missing terms and Doorstep letter). First part a bit sulky saying I can do what I feel is necessary in regards to the possible visit but second part saying agreement was sent and they believe is enforceable so will carry on. Allegedly they only received the letter last week which isn't what the recorded delivery info states but then I think these people can't tell the truth for anything. Still not 100% sure if agreement is enforceable as his Niddyship was going to send to Andrew for a look. Should I file or reply as they haven't gone into the missing terms really?

7/7/14 update- Now received a letter from resolve call following sending the doorstep letter to the DCA saying they may come and visit. Ignore since I sent the DCA the letter or send them a copy?

14/7/14 Update- Received another letter from DCA. They have basically ignored the missing prescribed terms letter and the Refusal to accept UE and just state that they believe account to be enforceable and will continue to collect and I can do what I feel is necessary. This firm makes me twitchy as they are the ones that started the court action on another debt. Still not 100% sure if CCA is enforceable or not as Niddy was going to run it by Andrew. File or is there something else to respond with?
18/7/14 Update - just had a phone call from my wife that resolvecall have paid a visit despite sending the letter removing right of access. Started going on about matters to her and my 12 year old lad who is off sick from school. After telling him I wasn't there he then sat outside the house for a while. Absolutely fuming, do I ignore or what is the next stage once you've denied access to these people?

22/8/2014- Update- After sending them the harrassment and injunction letter I've now received a letter stating "Thanks for your offer of payment in your last letter" etc and a form to complete regarding incomings and outgoings. Andrew had a look at the CCA they sent through and states it does not comply with a S78 request so not sure what to do now as have already sent the missing PT letter and refusal to accept UE status letter.

27/8/14- Sorry to be a pain but any ideas how to respond to these? they have ignored the missing terms letter and refusal to accept U/E, sent a goon to my door so they got the harrassment/injunction letter but they now state that the last letter offered payment and sent an income/expenditure sheet (which they can poke!). My nerves on this one are due to the company as they are the same outfit who have started action on another issue. Really appreciate any help.

23/9/14 Update- Sent the one liner off telling them to relook at the letters regarding missing terms etc and have received two letters just asking me to contact them regarding discussing the debt. The letters are basically the same as when the process started. Do I respond with another one liner or ignore for now?


12/11/14- Update- since my last post I've received a couple of letters just asking me to get in touch which I haven't done as they never answered my letters regarding missing terms etc nor the one liner sent reminding them. However, today I received an income/expenditure form from them so I was thinking rather than ignore another letter I should send another letter reiterating that they need to deal with my last letters. Any other opinions??

20/11/14 -Update- Another letter from the persistently annoying people at Arden. Another letter telling me I haven't made an arrangement to pay and another Income and Expenditure sheet which is now lining he cat tray. They've never tried to answer the missing PT letter or the Refusal to accept UE so should I send a letter now reminding them or ignore. Will be the 4th or 5th letter ignored. This outfit does make me twitchy as these are the ones I have a court date with on another issue. But....they have been a lot less quick on this one than the other one.

26/01/15 -UPDATE- Received a letter a couple of weeks ago saying that the issue has now been moved to westcots. Just filed that and waited to hear from them. Got a letter Friday saying to contact them blah blah blah within 10 days. On Saturday they started calling, from bloody 0830 onward and again today. Was going to wait for the 10 days but it is obvious that they are going to be annoying. I had previously sent the telephone harassment letter to Moorgate who obviously couldn't be arsed to tell Westcots about it. Only thing is I'm not sure how to reply on this one. Moorgate ignored the Missing PTs letter and Refusal to accept UE and they haven't actually sold it to westcot they are just using them as they can't seem to be arsed chasing it anymore. Obviously I will put the telephone harassment bit in but can I have a pointer on the best template to use?

17/2/15- UPDATE- Left replying to Wetsocks to see what would come next. Received a letter now offering me to settle at 25% discount. Not sure why they're offering a discount as they don't own the alleged debt. The telephone calls have stopped which is nice. There are outstanding disputes that were never answered before palming this off to Wetsocks but not sure if the SWID letter is the correct one to send as they are only Idem's puppets at the moment. Any ideas?

12/4/15-UPDATE- Sent off the SWID letter to Wetsocks. Received a reply from them on Friday letting me know that Moorgate sent me the CCA last March so the dispute is settled. The dispute wasn't an outstanding CCA but the missing terms and Refusal to accept UE letter that had been sent and ignored by Moorgate before sending it to Wetsocks. Amazing that they can state that a dispute is settled without knowing what the bloody dispute is. So something needs to go back to them within 14 days. Not sure to resend the missing terms letter or something else. Can do with some ideas if you have them.

25/08/2016 -UPDATE- Been away for a while as health took a downturn, thankfully so did the activities of collectors and whatever did come in was simple to bat away. This card has now come under the ownership of Arrow Global and is being chased by Shoosmiths. It's an MBNA card, not a virgin one but was taken out in August 2007 (not the September) as they stated in their introductory letter, but obviously I know this puts things in a different light.
I've only had Shoosmiths intro letter saying Arrow Global will accept a reduced amount etc. What response would you go with, the SWID?

One issue I do now have is that my last computer died and on that hard drive was a folder with all my previous actions so I couldn't say on this date I did that or that etc.

Thanks for any help

[MrsD]

Re: Josefk diary

you'll need to look back in your diary Josef

I would send off a CCA to whoever is writing to you, just to be on the safe side as I can't really tell when you last sent one off.

[josefk]

Re: Josefk diary

Cheers MrsD, Arden/IDEM had sent one and I have had more information from MBNA following a SAR due to another case. I'll search back but I think I sent off CCAs to all pretty much at the start of joining here.

Will wait for the next letter just to use more time up and then ping off a CCA.

[Never-In-Doubt]

Re: Josefk diary

Can you send a new CCA request, with £1 fee, to MBNA. For now, don't reply to shoosmiths.

We need to see what's "going on", really.....

[josefk]

Re: Josefk diary

Can you send a new CCA request, with £1 fee, to MBNA. For now, don't reply to shoosmiths.


We need to see what's "going on", really.....

Thanks Niddy, just out of hospital this morning so maybe not thinking right, no problem sending a new CCA to MBNA but would the info they sent in March, roughly, this year not be okay when they eventually acted on my SAR?

[cymruambyth]

Re: Josefk diary

Debts become unenforceable when they don't comply with the specific s.77-79 CCA requests.

[PlanB]

Re: Josefk diary

Can you send a new CCA request, with £1 fee, to MBNA. For now, don't reply to shoosmiths....

Or would it make sense to send the CCA request to Arrow who have now purchased the debt? They always take ages to get information from the original creditor and it should also mean that Shoosmiths will be instructed by them (Arrow) to put the account on hold in the meantime.

That should kill some time while josefk recovers from his hospital stay.

He knows what MBNA have got in their files since he's already received a SAR response from them.

Plan B x

[PlanB]

Re: Josefk diary

Will wait for the next letter just to use more time up and then ping off a CCA.

I see no harm in waiting for Shoosmiths next approach if that was just a "Hello" letter from them not a LBA.

I've suggested your CCA request should go to Arrow since they are the new owners of this debt.

I hope you make a speedy recovery.

Plan B

[PlanB]

Re: Josefk diary

25/08/2016 -UPDATE- This card has now come under the ownership of Arrow Global . . .

One issue I do now have is that my last computer died and on that hard drive was a folder with all my previous actions so I couldn't say on this date I did that or that etc.

Presumably the SAR response from MBNA was sent in the post so you've still got the paper copies even if you've lost the documents stored in your old computer?

Plan B x

[josefk]

Re: Josefk diary

Presumably the SAR response from MBNA was sent in the post so you've still got the paper copies even if you've lost the documents stored in your old computer?

Plan B x

Thanks Di, I will bide the time for the next letter. I've still got the paperwork from the SAR safe, I just kick myself for not keeping a back up on a data stick as the computer has about 4 years of letters etc in it. But, lesson learnt.

Out of hospital now but going in for another op for my kidneys in 3/4 weeks depending on the list. Got to that age where I'm starting to fall apart a bit :-)

[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?

27/9/16 UPDATE- This claim as discontinued back in February but now Robbers way have started chasing and calling. Do I just send the SWID letter or something else in this case. I thought they had to have a good case to resurrect a case that was discontinued though I accept that this is chasing the alleged debt and not court action.

[MrsD]

Re: Josefk diary

why was it discontinued?

Personally atthe moment, I would just ignore these nutters but watch what they send, no point in being railroaded to another claim because Robbers can't read

[josefk]

Re: Josefk diary

why was it discontinued?

Personally atthe moment, I would just ignore these nutters but watch what they send, no point in being railroaded to another claim because Robbers can't read

Thanks MrsD. No idea why it was actually discontinued, there was no reason given on the form PRA completed but it was a full discontinuation and not a partial one.

I know Jo had put a very robust defence together with the help of PlanB and PRA never bothered to file a witness statement at all.

Robbers way have just come on the scene just now.

[MrsD]

Re: Josefk diary

I would ignore this one then and see what comes next, if they persist we'll perhaps get a letter to see them off. don't worry though

[PlanB]

Re: Josefk diary

No idea why it was actually discontinued, there was no reason given on the form PRA completed but it was a full discontinuation and not a partial one.

I know Jo had put a very robust defence together with the help of PlanB and PRA never bothered to file a witness statement at all.

Since you filed a Defence before PRA discontinued their claim they won't be able to re-issue without permission of the court which they're unlikely to get if it's based on the same facts and legal arguments raised not only in their Claim (POC) but also raised in your Defence.

Does Robinson Way's letter say they're acting as DCA for PRA or has the account been sold on? Robinson Way act mostly for Hoist so I'm surprised to see them working on behalf of PRA.

Plan B x