clueless24 UE Diary

[clueless24]

Re: clueless24 UE Diary

MBNA

Credit Card
Commenced 17-2-07
Bal £12,273.59
Last paid 5-3-10
Arrangement
£1 token monthly
Status Default
Acc owner MBNA

3-2-11 CCA request sent
7-2-11 Delivered
21-2-11 CCA received

24-2-11 Have e-mailed CCA to Niddy

[clueless24]

Re: clueless24 UE Diary

Thank you Niddy what a great start, I will send the letters today

24-2-11 Letters posted off to both DLC & Aplins

[clueless24]

Re: clueless24 UE Diary

It is UE as it is a recon, and they admit this in their opening letter by saying that "we enclose a copy"..... Send this back to DLC: ---> CCA Query - Copy Document Supplied

Send this to Aplins Solicitors with a copy of the above, that you'll be sending DLC (and also send DLC a copy of this template, that you'll be sending Aplins - so they both have the same letters): ---> Threat-o-Gram - Letter before Action

Hi Niddy
Far be it from me to question anything you say because by now I have learnt that your word is gospel, but as my user name implies I am clueless, so please bare with me because I am now clueless and confused.
Re-cap. I CCA'd DLC the debt collection company acting on behalf of Egg, DLC wrote back returning my £1 cheque and told me I had to go direct to Egg, So I CCA'd Egg directly (yes I now know I should not have done that now and wont make the same mistake again, sorry)
Egg sent me the CCA which you have said is UE. The letter you have said to send to DLC doesnt make sense when the CCA came from Egg. Can you please confirm who it should be sent to.
Sorry you are probably fed up with me already, but I am new and learning so please be patient with me.
Many Thanks

[Phoenix]

Re: clueless24 UE Diary

Hi Clueless (I am sure you are not really!)

Just wanted to say hello and add my 2p's worth to the others' comments.

You are in safe hands with Niddy - I cannot begin to tell you how much he has helped me, and dread to think how things would have been if I hadn't "encountered" him!

As Pixie has already said, being in debt happens to the best of us (not that I am one of the best!) And, if you are anything like me, you will probably find it much easier to talk to people on here than in real life. I used to beat myself up regularly for getting in such a muddle and felt ashamed, and even guilty to do normal things. Almost as though I was walking around with a placard round my neck saying "this woman has a load to debt to her name"!

When things have settled down a bit for you, please do come on to the general chat threads. Although we like to have a laugh and joke it doesn't mean that we don't have problems or that we take them seriously - just that we have recognised that there is a life during (and even after!) debt. Plus, a sense of humour can go a long way at lifting the spirits.

You are truly among friends.

Love and hugs,

xxx

[Never-In-Doubt]

Re: clueless24 UE Diary

Re-cap. I CCA'd DLC the debt collection company acting on behalf of Egg, DLC wrote back returning my £1 cheque and told me I had to go direct to Egg, So I CCA'd Egg directly (yes I now know I should not have done that now and wont make the same mistake again, sorry) - Egg sent me the CCA which you have said is UE. The letter you have said to send to DLC doesnt make sense when the CCA came from Egg. Can you please confirm who it should be sent to.

Hiya, see your last update below - which will answer your own question! I've highlighted in Blue so the relevant point stands out!

Egg Banking
21-2-11 Recieved letter from DLC dated 18-2-11 Notice of debt recovery
24-2-11 Recieved CCA have e-mail Niddy
24-2-11 Recieved letter from Aplins Solicitors have been instructed by DLC on behalf of EGG to recover bal, giving me 7 days to make full payment or agreement to pay, or legal proceedings may be commenced without further notice + fixed costs and fees.

You need to send it to DLC as they are appointed by Egg to get the money, the reason they need to get that template is to make them aware that if they continue to instruct Aplins, then they'll be in breach (Egg won't be, as Egg have not instructed Aplins, DLC did).

make sense? basically, you have to let DLC know what is going on, regardless that Egg sent the agreement - you respond to the DCA that is chasing you!

[Never-In-Doubt]

Re: clueless24 UE Diary

Lloyds TSB
Credit Card
Commenced approx 2006
Approx balance £8,679.23
Date last paid 1-3-10 (token £1 since then)
Arrangement £1 per month
Status Default
Owner Lloyds TSB

3-2-11 Sent CCA request
4-2-11 Delivered
18-2-11 Recieved CCA
24-2-11 Have e-mailed CCA to Niddy

This is a recon, as they state in their opening letter plus half of it is blank, this you can safely assume, is a mockery!

Respond with the following:---> CCA Query - Copy Document Supplied

It's 100% Unenforceable.....

[Never-In-Doubt]

Re: clueless24 UE Diary

MBNA
Credit Card
Commenced 17-2-07
Bal £12,273.59
Last paid 5-3-10
Arrangement
£1 token monthly
Status Default
Acc owner MBNA

3-2-11 CCA request sent
7-2-11 Delivered
21-2-11 CCA received
24-2-11 Have e-mailed CCA to Niddy

This is too recent, unfortunately it is therefore enforceable - you applied online with a tick-in-the-box so these are impossible to tell apart from original to a copy, as there is no use for any handwriting anywhere. Bummer.

You have 2 choices; blag it or consider a repayment plan? If you wish to blag it and see how far they are willing to go (you can back down at any point) then send this back: ---> CCA Query - Missing Prescribed Terms

Due to the amount, MBNA won't lie over and let you tickle their bellies, but it will buy you time and like I say, its easy to back down at any point - usually when they start with their silly legal threats.....

edit:
In line with additional posts (shown below) this account is actually unenforceable.

[clueless24]

Re: clueless24 UE Diary

This is too recent, unfortunately it is therefore enforceable - you applied online with a tick-in-the-box so these are impossible to tell apart from original to a copy, as there is no use for any handwriting anywhere. Bummer.

You have 2 choices; blag it or consider a repayment plan? If you wish to blag it and see how far they are willing to go (you can back down at any point) then send this back: ---> CCA Query - Missing Prescribed Terms

Due to the amount, MBNA won't lie over and let you tickle their bellies, but it will buy you time and like I say, its easy to back down at any point - usually when they start with their silly legal threats.....

Hi Niddy thank you for responding to my silly questions so quickly. Strike 2 feels amazing, thank you so much.
I am not sure if it makes any difference at all but the MBNA card was done over the telephone and not on line so to speak, the unusal thing about this CCA is that it has details on it about do I wish to purchase PPI, card protection or card alert with a tick box, none of these boxes are ticked however MBNA added ppi to my account and I have been paying it without realising it was there for some time. It wasn't until I realised it was there and I needed to make a claim did I discover it was worthless to me. Anyway my point being if they added PPI to the account at the same time as I took out the account then shouldn't that be shown on the CCA also, I maybe wondered if the document I sent you is not the original because it doesn't show the PPI. The reclaim on this one is sitting with the ombudsman awaiting the judicial review. I am probably waffling I just didn't know if it made a difference.
Thank you Thank you Thank you soooooo!!!! much x

[Never-In-Doubt]

Re: clueless24 UE Diary

Hi Niddy thank you for responding to my silly questions so quickly. Strike 2 feels amazing, thank you so much.
I am not sure if it makes any difference at all but the MBNA card was done over the telephone and not on line so to speak, the unusal thing about this CCA is that it has details on it about do I wish to purchase PPI, card protection or card alert with a tick box, none of these boxes are ticked however MBNA added ppi to my account and I have been paying it without realising it was there for some time. It wasn't until I realised it was there and I needed to make a claim did I discover it was worthless to me. Anyway my point being if they added PPI to the account at the same time as I took out the account then shouldn't that be shown on the CCA also, I maybe wondered if the document I sent you is not the original because it doesn't show the PPI. The reclaim on this one is sitting with the ombudsman awaiting the judicial review. I am probably waffling I just didn't know if it made a difference.
Thank you Thank you Thank you soooooo!!!! much x

Aha - well spotted! See, i'd not know such things therefore I do ask you to furnish me with the facts prior to sending me agreements otherwise i'd not have spent half the time checking it for silly errors when there was a huge one like that! Thanks! ( )

Anyhoo - as it is clearly a recon, you can consider it unenforceable and instead, respond with the following: ---> CCA Query - Copy Document Supplied

Have you done a PPi Reclaim? If not, don't just yet....

[Never-In-Doubt]

Re: clueless24 UE Diary

Have you done a PPi Reclaim? If not, don't just yet....

Oops, just noticed you said it is with the Ombudsman - bummer, It'd have been better if you'd not done that, oh well never mind. As previous, respond with this: ---> CCA Query - Copy Document Supplied

[clueless24]

Re: clueless24 UE Diary

Oops, just noticed you said it is with the Ombudsman - bummer, It'd have been better if you'd not done that, oh well never mind. As previous, respond with this: ---> CCA Query - Copy Document Supplied

Hi Niddy
What a result thank you so much, I know this is just the begining but it feels like I have come a very long way in such a short space of time, Can't thank you enough.
Here comes another question sorry, As this PPI reclaim is with the Ombudsman and clearly my CCA shows that I did not elect to take PPI could I send a copy of my CCA to the Ombudsman as additional evidence. Or would this affect the UE claim? I will await your guidance.

[Never-In-Doubt]

Re: clueless24 UE Diary

Yep send a copy to the ombudsman. They do not get involved in cca issues like that, so has no effect. Just send a copy and say "this is what they are relying on as the original agreement; it clearly has no mention of ppi"...

This will also help you should the lender get clever and try and enforce it - you wait and wait then defend the claim citing the ppi and false agreement as proof they have acted untoward.

You've got a good case here.

[LooLoo]

Re: clueless24 UE Diary

Looks like you have got lots here to keep you busy!!

Good luck with it all and hope you are feeling ok today

[clueless24]

Re: clueless24 UE Diary

Yep send a copy to the ombudsman. They do not get involved in cca issues like that, so has no effect. Just send a copy and say "this is what they are relying on as the original agreement; it clearly has no mention of ppi"...

This will also help you should the lender get clever and try and enforce it - you wait and wait then defend the claim citing the ppi and false agreement as proof they have acted untoward.

You've got a good case here.

Thanks for that Niddy will send off copy to ombudsman today. One more question do you ever sleep?

[Never-In-Doubt]

Re: clueless24 UE Diary

Thanks for that Niddy will send off copy to ombudsman today. One more question do you ever sleep?

Nope!! Am trying to get a couple of hours now before another all nighter!