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  • Deepie
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Can you advise if I need to respond with anything please?
    Final Response - Unenforceability (CCA Received)

    sorry missed that send this

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by Never-In-Doubt View Post
    I concur what in2deep says regards both accounts mentioned.
    Hi Niddy
    I hope you are well, I am confused now about your comment re both accounts, I followed ITD advise on the Kaliedoscope account, not sure which other account you are referring to, could you please advise further.
    Many thanks as always

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: clueless24 UE Diary

    I concur what in2deep says regards both accounts mentioned.

    Leave a comment:


  • Deepie
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Letter received says if I do not contact them following reciept we will have no alternative other than to recommend to our client that solicitors issue legal action against me. I have never recieved the CCA for this account. Track and Trace is still showing as not delivered although £1 cheque was cashed on 17-2-11, Moorcroft wrote on 12-2-11 and advised account on hold whilst we request relevent documentation from our client. Could someone advise how I should reply please.
    Hi
    Send this
    Final Response - Unenforceability (No CCA Received)

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Direct Home Shopping/Kaliedoscope

    Catalogue credit account
    Commenced 2004?
    Bal £1740.70
    Last paid 14-2-10
    No aggrement but send £1 token monthly
    Status Default
    Acc owner Direct Home shopping/ Moorcroft collecting on behalf of DHS

    3-2-11 CCA request sent
    12-2-11 Received letter from Moorcroft dated 9-2-11 advising they have requested CCA from thier clients and will forward on once recieved, All collection activity on hold until documents have been supplied.
    17-2-11 £1 Chq cashed through bank
    21-2-11 Track and trace showing as not delivered
    26-2-11 No CCA recieved
    5-7-11 Letter recieved from Moorcroft possible litigation £170 costs has been added to balance pay by the 8-7-11 etc.
    Letter received says if I do not contact them following reciept we will have no alternative other than to recommend to our client that solicitors issue legal action against me. I have never recieved the CCA for this account. Track and Trace is still showing as not delivered although £1 cheque was cashed on 17-2-11, Moorcroft wrote on 12-2-11 and advised account on hold whilst we request relevent documentation from our client. Could someone advise how I should reply please.

    Leave a comment:


  • Angry Cat
    replied
    Re: clueless24 UE Diary

    Robinson Way have a cycle of letters...
    the final letter will state that they have passed the alleged debt onto their broom cupboard/in/house solicitor: Horwich Farrelly.

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Barclaycard

    Credit Card
    Commenced 2007?
    Bal £2522.17
    Last paid 24-2-10
    Arrangement £1 monthly
    Status default
    Acc owner Barclaycard. Mercers writing

    3-2-11 CCA request sent
    4-2-11 Delivered
    9-2-11 Recieved ack of request dated 8-2-11 dealing with request
    18-2-11 Recieved formal demand for full payment from barclaycard
    26-2-11 12 + 2 days up on the 23-2-11 no CCA recieved
    4-3-11 Recieved letter from moorcroft make payment within 7 days or debt collector may call or may be passed to solicitor.
    5-3-11 send account in default of CCA letter as advised
    12-3-11 Recieved letter from Moorcroft advising account is on hold whilst they investigate with their client, will communicate their response upon receipt
    13-4-11 Received CCA will e-mail Niddy for checking please
    14-4-11 Niddy says UE Whoo Hoo!!! send CCA Query T&C Supplied
    23-4-11 Received letter from Barclaycard in response to my letter re T&C supplied. Saying they have complied quoting section 78, 61, 82 etc, based upon this information they do not consider the account to be in dispute and will continue to pursue the debt. This they say is their final response.
    28-4-11 Niddy say's ignore and update
    20-6-11 Letter recieved today dated 20-6-11(Salford to Suffolk by post impressive same day delivery service) from Robinson Way Ltd DCA, pay up or else, we may advise our client to start court action if a court considers your failure to pay to be due to neglect, an order for payment may be made etc etc. this debt will not go away or be forgotten no matter how much I may like that to happen. Call now to pay or agree a payment plan.
    20-6-11 Niddy says ignore
    30-6-11 Letter recieved from Robinson Way Ltd NOTE...IMMEDIATE ACTION REQUIRED This is a notice about your unpaid account we have been instructed to recover, call us without delay,please tell us if you cannot pay, if you fail to pay and neglect to deal with this account we may take further action.
    Can you advise if I need to respond with anything please?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Hi Niddy
    Letter done and pm'd you, thank you for your help.
    Looks good, have replied to email

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by Never-In-Doubt View Post
    Really if you had an agreement in place then they should have dealt with it, what you need to do is write a detailed complaint and add any relevant dates of calls etc and complain to head office direct, yourself.

    Explain that you had an agreement to which you have kept to, what the bank did was wrong and you want it rectified and want all charges deducted from the account.

    See what they say to that - type it up and email me a copy before posting and i'll add some legislative text for you
    Hi Niddy
    Letter done and pm'd you, thank you for your help.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Hi Niddy
    I understand that you probably have not had any time to look over the D/F notices I sent when we discussed these via some pm's.Sorry to hassel you further. You were certain they were wrong but that aside you said that the CCA was 1million% UE. Have sent Fraud doc supplied 4-3-11 to SDG
    Should I send anything to Lowells or SDG. Many thanks
    Just ignore - wait till they come back to you.....

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Hi Niddy
    You had asked for an update on this when I recieved news from the FOS. To refresh your memory MBNA supplied a CCA without the PPI box ticked but had added it to the account, hence you said it was UE and that I had a good case.
    There are no details of amounts etc but a form for me to sign and send back to the FOS by the 4-7-11 to confirm that I accept the offer made by MBNA in full and final settlement of my complaint.
    As the account is in default any money will be paid directly to the account but I was not sure if I should sign the acceptance form without knowing what sums I am signing for?
    Will await your guidance. Thank you as always
    Hiya

    I recently advised someone else about this exact same thing but i'm buggered if I recall who - if you do a search for a similar query you'll find it, I may have wrote a template or at least advised but I honestly don't have time to hunt it down. It was within the last month....

    Well done, result in sorts - see what offer they come back with but I doubt it'll clear the debt will it?

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Hi Niddy
    You have previously confirmed this as UE as recon was supplied, do I need to send anything to Fredricksons?
    Send this - its all been updated and may jolt them into action!

    CCA Query - Missing Prescribed Terms

    Leave a comment:


  • MrsD
    replied
    Re: clueless24 UE Diary

    I would send the "sold in dispute" cos it certainly is in dispute!!!

    Bear in mind just because some DCA writes down that there is nothing wrong with it, doesn't make it true, absolutely not!

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Shop Direct Finance

    Catalogue credit account
    Commenced 2004?(correction 1994)
    Bal £2182.16
    Last paid 25-1-10
    No arrangement but sending £1 token payment monthly
    Acc Owner Shop Direct Finance/ NDR writing

    3-2-11 CCA request sent
    4-2-11 Delivered
    17-2-11 £1 chq cashed
    26-2-11 12 + 2 days up on the 23-2-11 No CCA recieved
    28-2-11 CCA recieved E-MAILED NIDDY
    4-3-11 NIDDY SAYS UE WHOO HOO!!! sent final response recorded delivery
    25-3-11 Recieved letter from NDR Notice of payment arrangements £1 per month for a further 12 months.
    6-4-11 Letter fron SDG entitled Request to cancel credit agreement and saying they have satisfied my request in accordance with consumer credit act 1974 and I must continue to pay.
    6-4-11 Will ignore as advised
    13-4-11 Received monthly statement along with the monthly default notice and notification of £12 missed minimum payment fee added to the account.
    10-5-11 Received letter from NDR (dated 3-5-11)Notice of default on your agreed arrangement, I have failed to maintain my payments as agreed. 14 days to pay £1 or will result in a Statutory Default Notice being issued which will request full payment.
    Will ignore as advised
    12-5-11 Recieved 2 default notices one for each account one is fixed account for something I bought on a buy now pay later deal before I got into difficulties and the other is a running account (dated 6-5-11) served under section 87(1) of the Consumer Act 1974 To remedy the breach I should pay the total arrears before 3-6-11
    26-5-11 I have pm'd Niddy for further advise on the DN's recieved will await his advise
    5-6-11 Recieved monthly statement and notice of default sums added to the account
    6-6-11 E mailed Niddy D/F notices to offer further advice
    24-6-11 Recieved letter (dated 21-6-11) from SDF giving notice of the assignment of the debt to Lowells on the 6-6-11 any further communications and payments must now be made to Lowells. In the same envelope was a letter from Lowells telling me they now own the debt confirming they bought it on the 6-6-11, goes on that before they selling the account to them SD have checked their records and can find no record of why this should remain unpaid. I must call to pay or they may take court action and send someone to visit me at home.
    Hi Niddy
    I understand that you probably have not had any time to look over the D/F notices I sent when we discussed these via some pm's.Sorry to hassel you further. You were certain they were wrong but that aside you said that the CCA was 1million% UE. Have sent Fraud doc supplied 4-3-11 to SDG
    Should I send anything to Lowells or SDG. Many thanks

    Leave a comment:


  • MrsD
    replied
    Re: clueless24 UE Diary

    a good point Clueless, we've all gotten into a bit of bother signing things in the past. I can't see how they can expect you to sign if you don't know what you're signing for but Niddy will be along and lets see what he thinks. personally I wouldn't trust MBNA as far as I can throw them....................

    Leave a comment:

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