clueless24 UE Diary

[Deepie]

Re: clueless24 UE Diary

how do you keep up with all this Niddy ?

[clueless24]

Re: clueless24 UE Diary

Hiya

Clear as mud thanks for this.

Ok how many agreements did you sign? Can you do me a fave and email me them/it again please then when I get time I'll go through it all.

Thing is you have account that should be defaulted once, not twice in jan and twice in may - there should be one - from the original default date in January, covering the whole debt. Also a DN must show the arrears amount; not the whole amount - so can you confirm are you like loads in arrears or just a few months, ie when did you last pay the full minimum payment as per your credit agreement?

The above will help me help you. Final point: can you confirm what your credit files shows, or showed - specifically from a couple of months ago, ie the default date? If u don't have this info not to worry.

Thank you for the very prompt response. Here goes, I cannot remember ever signing any aggrement although when they produced my CCA the document did have my signature on it. Initially when I asked for advise on this one there was a lot of confusion on my part but the outcome was that you deemed it UE.
I last made a full payment in Feb 2010 so the amount on the DF notice is all arrears, the DF notices received in Jan 2011 have had a monthly £12 charge added to the balance hence the difference in sums. I did write to them and complain about accepting a token £1pm payment but adding £12pm in charges and was refunded £108 to the account but they have continued to add the £12 each month.
I think it may be a good idea if I send for my credit report as it has been a couple of years since I have seen it. (I've been to scared)
Each of the default notices shows 2 amounts, the first being to remedy the breach the second being the balance.
I will e-mail the agreements for you to take a look. thank you as always.

[Never-In-Doubt]

Re: clueless24 UE Diary

how do you keep up with all this Niddy ?

Bloody great difficulty

[clueless24]

Re: clueless24 UE Diary

Lloyds TSB

Credit Card
Commenced approx 2006
Approx balance £8,674.23
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 E-mailed Niddy the CCA
26-2-11 NIDDY SAYS UE WHOOO HOO!!!! Have sent CCA query copy doc supplied letter
12-3-11 Recieved response from LTSB have recieved my complaint and have sent it to Brighton Card Customer relations dept, may take 4 weeks to respond..
9-4-11 Letter from SCM Solicitors I am required to pay balance in full within 7 days from the date of the letter (6-4-11) to avoid court proceedings being issued against me. Call them to arrange amicable agreement to pay off debt without the need to instigate etc etc.
10-4-11 Send Threat by lender/DCA to commence litigation letter, will send special delivery as advised
12-5-11 Received letter from SCM enclosing another CCA with some additional paperwork. In response to my letter of the 10-4-11 as above Will e-mail Niddy for advise
16-5-11 Niddy advises sending Enough is Enough letter
30-5-11 Recieved response from SCM Solicitors to enough is enough template. Please find enclosed a re-constituted credit agreement together with 2 amendments to the T&C. Please forward your repayment proposals to this office for consideration.

This is now the third set of documents(all the same) I have recieved from SCM, this time they have included some amendments to T&C. I am assuming that I ignore?

[Never-In-Doubt]

Re: clueless24 UE Diary

This is now the third set of documents(all the same) I have recieved from SCM, this time they have included some amendments to T&C. I am assuming that I ignore?

I would ignore it yes, can you confirm what the changes are? Point is if they have deliberately sent random terms then you could find yourself in a similar situation to that of CABOT UK LTD v BACHELLIER [2010]

16. One of the difficulties I find in this case, although there is the signed agreement, there are a number of other documents, terms and conditions, certainly as it is submitted by Mr Newman on behalf of the claimants, that one should look at the documents and they clearly relate to this account. But how can I be satisfied that they do? There is nothing between the original documents signed by him and the various terms and conditions relating to the agreement entered into by the defendant with the claimant to show those terms and conditions relate back to the document with his signature on. There is nothing initially at the top.

Please clarify what the differences were within the terms.....

[clueless24]

Re: clueless24 UE Diary

Egg Banking

Credit card
Approx 2000
Bal £10,861.91
Last paid 24-2-10
Arrangement £1 token
Status Default
Acc Owner Egg DLC writing acting on behalf of Egg

3-2-11 CCA request sent
4-2-11 Delivered
9-2-11 Recieved letter from DLC returned chq and advised write direct to EGG
11-2-11 CCA request sent direct to Egg
14-2-11 Delivered
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.
25-2-11 NIDDY SAYS UNENFORCABLE WHOO HOO!!!!
Have sent Threat O Gram and Original CCA letters to both DLC & Aplins
12-3-11 Have recieved response from Hillesden Securities in response to my letter as above sent to Aplins and DLC. Noting my correspondence but that the issues raised are regarding the documentation supplied by Egg, due to the above my correspondence needs to be sent directly to thier clients Egg for them to address my concerns. Ignored
7-4-11 Received letter from DLC advising Client may be prepared to consider reducing balance, I must telephone immediately to discuss, failure to respond may result in further action being taken.
8-4-11 Sent Debtors final response letter recorded delivery
19-4-11 Received letter from Hillesden Securities We have noted the content of your correspondence (Debtors final response to CCA recieved) However we note that the issues raised are regarding the documentation supplied by Egg Banking, due to the above your correspondence needs to be sent directly to our client for them to address your concerns.
25-5-11 Recieved an e-mail from Egg advising my account has now been assigned to Barclaycard
5-6-11 Letter recieved from Fredricksons who have been instructed by Egg to collect outstanding balance. I must contact them immediately to discuss the matter.

I have now had letters and various threats from DLC, Aplins, Hillesdens and now Fredricksons for this account all in the space of 5 months. Please can I have some advice on what to do next.

[clueless24]

Re: clueless24 UE Diary

I would ignore it yes, can you confirm what the changes are? Point is if they have deliberately sent random terms then you could find yourself in a similar situation to that of CABOT UK LTD v BACHELLIER [2010]


Please clarify what the differences were within the terms.....

Hi Niddy
Thankyou for your response.
The amendments to the terms and conditions are in the form of a A5 size leaflet one dated 1st Aug 2006 the other 1st Nov 2009. Unfortunately I do not have a copy of the original terms and conditions when I opened the account so I do not know what the differneces are. However the are many differences to the two I recieved as dated above lots of amendments and renumbering, would you like to see them?
I shall continue to ignore until advised otherwise.

[clueless24]

Re: clueless24 UE Diary

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

Hi Niddy
I know you are really busy helping so many people so I am sorry to bother you on this account, just wanted to jog your memory re some pm's we had regarding the DN's and you having a look at them when you had time. Your help as always is much appreciated.

[Never-In-Doubt]

Re: clueless24 UE Diary

I have now had letters and various threats from DLC, Aplins, Hillesdens and now Fredricksons for this account all in the space of 5 months. Please can I have some advice on what to do next.

Send this to Fredricksons: ---> Account sold - whilst in Default of CCA Request

[Never-In-Doubt]

Re: clueless24 UE Diary

Hi Niddy
Thankyou for your response.
The amendments to the terms and conditions are in the form of a A5 size leaflet one dated 1st Aug 2006 the other 1st Nov 2009. Unfortunately I do not have a copy of the original terms and conditions when I opened the account so I do not know what the differneces are. However the are many differences to the two I recieved as dated above lots of amendments and renumbering, would you like to see them?
I shall continue to ignore until advised otherwise.

Hiya

Keep them safe - I don't need to see them but if they are different terms that they sent then how do you know what ones apply, ie they are in breach and so this remains unenforceable....

You can continue to ignore this for the time being!

[Never-In-Doubt]

Re: clueless24 UE Diary

Hi Niddy
I know you are really busy helping so many people so I am sorry to bother you on this account, just wanted to jog your memory re some pm's we had regarding the DN's and you having a look at them when you had time. Your help as always is much appreciated.

Hiya

If you upload the DN's to the upload section i'll look now, if not then i'll check emails either later or in the morning - been hectic lately, sorry for the delay!

[clueless24]

Re: clueless24 UE Diary

Egg Banking

Credit card
Approx 2000
Bal £10,861.91
Last paid 24-2-10
Arrangement £1 token
Status Default
Acc Owner Egg DLC writing acting on behalf of Egg

3-2-11 CCA request sent
4-2-11 Delivered
9-2-11 Recieved letter from DLC returned chq and advised write direct to EGG
11-2-11 CCA request sent direct to Egg
14-2-11 Delivered
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.
25-2-11 NIDDY SAYS UNENFORCABLE WHOO HOO!!!!
Have sent Threat O Gram and Original CCA letters to both DLC & Aplins
12-3-11 Have recieved response from Hillesden Securities in response to my letter as above sent to Aplins and DLC. Noting my correspondence but that the issues raised are regarding the documentation supplied by Egg, due to the above my correspondence needs to be sent directly to thier clients Egg for them to address my concerns. Ignored
7-4-11 Received letter from DLC advising Client may be prepared to consider reducing balance, I must telephone immediately to discuss, failure to respond may result in further action being taken.
8-4-11 Sent Debtors final response letter recorded delivery
19-4-11 Received letter from Hillesden Securities We have noted the content of your correspondence (Debtors final response to CCA recieved) However we note that the issues raised are regarding the documentation supplied by Egg Banking, due to the above your correspondence needs to be sent directly to our client for them to address your concerns.
25-5-11 Recieved an e-mail from Egg advising my account has now been assigned to Barclaycard
5-6-11 Letter recieved from Fredricksons who have been instructed by Egg to collect outstanding balance. I must contact them immediately to discuss the matter.
5-6-11 Niddy says send Acc sold in DF of CCA recorded delivery
9-6-11 Letter confirmed as delivered by track & trace
13-6-11 Recieved letter from Fredrickson's letter before action. 7 days to pay otherwise we will refer account to solicitors who may take legal action without further notice. They have added £190 court fees and £100 Solicitors fee to the balance outstanding if prqceedings are issued.

Frd's letter is dated the 10-6-11 so not sure if this is in response to my letter of the 5-6-11 recieved by Frd's on the 9-6-11, or if it has crossed in the post. Should I ignore or do I need to send something? Grateful for your advice as always.

[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
25-2-11 E-mailed Niddy the CCA
26-2-11 NIDDY SAY UE WHOOO HOOO!!! sent CCA query copy doc supplied
25-3-11 Recieved letter from Allied International Credit they are reviewing my file with Collection & Litigation Dept to consider if further action is required. However a one off early settlement offer is available at a 50% discount on the balance o/s to be paid on or before the 31st March and neither we nor our client will pursue you further in regards to the above account.
23-3-11 Ignore letter above
18-6-11 Recieved letter today from MBNA dated 24-5-11 (I have kept the envelope) in response to my letter of the 26-2-11 as above ? copy doc supplied. Saying they have supplied a true copy under sec 78, goes on to confirm date and how account was opened tick box, on line etc. We are satisfied that the regulated credit agreement into which we entered satisfies all relevent legal and regulatory requirments. As such there is no need to seek an enforcement order in order to exercise our rights

Hi Niddy
Do i need to do anything with this. You had said this was UE as a copy doc supplied,just to refresh your memory on this one, the CCA they supplied did not have the PPI box ticked although this was added to the account, (Re-claim currently with FOS) You also went on to say that I had a very good case with that evidence. Your help and advise as always is much appreciated.

[clueless24]

Re: clueless24 UE Diary

Hi Niddy
I need further help please, I have not previously addressed this with you as it was an old current account overdraft which I know from the advice on the site is enforcable.
Story so far current account with LTSB for donkey's years O/D was £700 and apart from the odd slip up now and again over many years I have kept the account within the limit. May 2010 the account was £693.00 O/D and I knew I was in trouble, I contacted Customer support unit and a control feature was put on the account which i was told would mean no charges or interest would be added to the balance, I then switched my banks in order that set aside was not used but continued to pay in £20 a month to try and clear the O/D.
In Aug 2010 I noticed that there were still charges and interest being added to the account and I wrote to the Financial Management unit in Andover and as a result of that letter was telephoned by the branch manager and asked to come in and discuss how I was going to repay the O/D and informed that charges and interest would continue to be added. In my letter of the Aug 2010 I had specifically requested that this matter should be dealt with by head office as there was a personal family connection with my local branch and I did not want to compromise anyone. I still keep getting letters from my local branch (Doh!).
Anyway today I recieved 2 letters first one tells me that I have 2 days in which to repay the unplanned O/D £103.34 (all of which is charges) second letter tells me that my O/D is being withdrawn and the balance currently £803.34 will be moved onto the unplanned O/D EARate of 19.28% on the 27th July.
I appreciate that £20 a month is not much and it was going to take forever to pay it off but I am getting no where I pay £20pm they take £11.16 charges and £12.28 interest pm. They are fully aware of my financial hardship yet reluctant to help and indeed are making the situation worse. Can anyone offer any advise please.

[MattyA]

Re: clueless24 UE Diary

Hi Niddy
Do i need to do anything with this. You had said this was UE as a copy doc supplied,just to refresh your memory on this one, the CCA they supplied did not have the PPI box ticked although this was added to the account, (Re-claim currently with FOS) You also went on to say that I had a very good case with that evidence. Your help and advise as always is much appreciated.

Hi Clueless - just to give you a little comfort on this one whilst yuo await 'proper' advice from Nidster.....

I am in a similar situation with MBNA and also have an ongoing PPI mi-selling claim with them.
Whilst this is ongoing they cant do anything to you - as, if they did commence legal proceedings you could issue a very swift counter claim.
PS - If they have added PPI and you didnt tick the box, I believe you will win.

Good luck & hope this helps.

Matty.