clueless24 UE Diary

[clueless24]

Re: clueless24 UE Diary

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.

Thank you for taking the time to respond Matty and it most certainly did help it's always good to know you are not alone. My claim has been with the FOS since Jan 2011 I called them last Monday for an update and they told me that an offer of settlement had been sent to me on the 7th June still hadn't recieved said offer by Friday, so called them again, only to be told that they can not give any details over the phone and I will have to wait for the letter. Not that it matters greatly as account is in default and any refund will be deducted from balance.
Do you think that if and when the PPI claim has been settled that they may pursue the debt more vigrously? Any advise is always appreciated

[clueless24]

Re: clueless24 UE Diary

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.

Can you please advise, apart from the obvious, what I should respond with. Many thanks

[caspar]

Re: clueless24 UE Diary

I would say continue to ignore. Notice the wording - we MAY do x, y and z not we WILL. As long as they say we may they are highly unlikely to do anything so I wouldn't worry.

[Never-In-Doubt]

Re: clueless24 UE Diary

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.

Ignore this - it will have crossed in post!

[Never-In-Doubt]

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.

Leave this for now, have the FOS actually responded to you in any form as yet?

[Never-In-Doubt]

Re: clueless24 UE Diary

Thank you for taking the time to respond Matty and it most certainly did help it's always good to know you are not alone. My claim has been with the FOS since Jan 2011 I called them last Monday for an update and they told me that an offer of settlement had been sent to me on the 7th June still hadn't recieved said offer by Friday, so called them again, only to be told that they can not give any details over the phone and I will have to wait for the letter. Not that it matters greatly as account is in default and any refund will be deducted from balance.
Do you think that if and when the PPI claim has been settled that they may pursue the debt more vigrously? Any advise is always appreciated

Hiya

Any settlement is usually deducted from the debt so lets wait and see what they say - its not so much the missale of PPI, its the fraudulent manner in which it was added that concerns us and gives you the ammunition to stave off any court action...

Update us when you get the offer....

[Never-In-Doubt]

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.

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

[Never-In-Doubt]

Re: clueless24 UE Diary

Can you please advise, apart from the obvious, what I should respond with. Many thanks

Ignore them! Muppets!

[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
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 proceedings are issued.
24-6-11 Recieved letter from Fredricksons if I require documentation under the CCA 1974 I may request from thier client send £1, in the meantime please contact them to arrange payment proposals.

Hi Niddy
You have previously confirmed this as UE as recon was supplied, do I need to send anything to Fredricksons?

[Deepie]

Re: clueless24 UE Diary

I Would just ignore see what they say next

[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
20-6-11 Niddy advises to ignore and update when I hear from FOS re PPI mis-sold
24-6-11 Letter from FOS upholding claim for miss-selling of PPI. MBNA have agreed to make a poposed offer of settlement and will write within 8 weeks but will be following FOS general approach for mis-sold policy.

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

[MrsD]

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....................

[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
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

[MrsD]

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!

[Never-In-Doubt]

Re: clueless24 UE Diary

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