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  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Shop Direct Finance

    Catalogue credit account
    Commenced 2004?(correction 1994)
    Bal £1708.42
    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
    24-6-11 Ignore and wait till they come back to me
    8-7-11 Letter from Lowell Financial saying that You were informed recently that your Kays account was sold to Lowells Portfolio because there was an O/S debt that you have not repaid and unless you paid it, it would be sent to us at Lowell Financial the debt collection unit. We can help, what happens if you do not pay, call us.
    8-7-11 I2D ignore for now
    19-7-11 Several voice text messages on a daily basis over the last couple of weeks asking me to call Lowells
    19-7-11 Sent Harrassment by Telephone letter 1.
    22-7-11 Have today recieved an email from Lowells advising pay up or else.
    Continuing phone calls
    29-7-11 Letter received from Lowells. We have still not recieved payment from you, nor is there a repayment plan in place to repay this account. This debt is not going to go away and ignoring the problem could make things worse for me. in an attempt to demonstrate how flexible we are willing to be we would like to offer you a monthly repayment plan, so you no longer have to worry and stop further action, such as litigation. We suggest a monthly plan of £30 per month.
    29-7-11 Send Final Response UE
    4-8-11 Letter from Lowells re final response UE letter and phone harassment letter. They have acted within guidelines but confirm my number has been removed from thier files. We must advise you that this appears to be the first letter that we have received from you in relation to this account. The o/s balance was sold to lowells on the 16-6-11 as shop direct were unable to collect. Confirms the account was opened on 24-7-94 and last payment 5-11-10. We have contacted the original creditor for a copy of my agreement and account statements, which will serve as documentary evidence of my liability for this debt, we have placed the account on hold while we await this information. Please be advised that, as legal owners of this debt, we are in a position to liase with shop direct on your behalf in order to resolve any issues that you may have. We therefore ask that you forward us further details as to the nature of your dispute then we can communicate with shop direct.
    11-8-11 Letter from Lowells advising that they are still awaiting receipt of this information and apologise for the delay. Please note however that we have not recieved a formal request from me under the CCA or the £1 fee, we can therefore advise that we are under no legal obligation to send the information you have requested within a certain time period.We do not hold copies of statements or agreements within our office we cannot state a time period in which these will be recieved. We can advise that your account will remain on hold while we await this information. You will continue to receive updates.
    23-8-11 Letter from Lowells we write in respect of above debt which as previously notified we have purchased from SD. We are now entitled to recieve payment of the balance £1708.42 from you and enclose a copy of your statement as requested. Neither shop direct nor ourselves are aware of any reason for non payment. Pay up within 7 days or we may instruct our solicitor.
    23-8-11 I2D say's ignore for now
    8-9-11 Letter from Lowells enclosing CCA from 2005 (account opened in 1994) Niddy already advised UE . Make payment or contact us within 7 days to agree payment proposals, we reserve right to instruct solicitors to issue legal proceedings against you without further notice.
    8-9-11 Sent UE general template
    16-9-11 Letter from Lowells We Regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non payment.
    23-9-11 letter from Lowells account on hold while they contact OC
    7-11-11 Letter from Lowells we are entitled to collect they know of no reason why this should not be paid, contact within 7 days to arrange payment proposals or may instruct solicitor to issue legal preceedings against me without further notice. Also enclosed CCA dated 15/1/05 Niddy says UE (account opened 1994)
    Niddy says send Threat by creditor to commence legal action.
    17-11-11 Letter from Lowells, we regret to note that despite previous correspondence we have not received payment. Failure to respond may result in further action. Call our advisors to prevent action being taken.
    17-11-11 Pixie Ignore for now.
    25-11-11 Letter fron Lowells in response to Threat by creditor to commence action, says account on hold whilst they investigate, SDG have complied with CCA and they have provided a recon which they are allowed to do they have asked for copies from SDG and will be in touch.
    10-12-11 Incessant phone calls from Lowells (despite their letter of the 4-8-11 confirming my number had been removed from their records) sent telephone harassment letter.
    12-1-12 Letter from Lowells Portfolio thank you for your enquiry regarding this account which we referred back to the original creditor. After noting your comments Shop Direct have forwarded to us a reconstituted copy of your agreement as previously provided to you and as promised in our letter of the 21-11-11. copy attached. we trust this now resolves your query and look forward to hearing from you within the next 14 days to discuss repayment, after this time your account will be transferred to our debt collection agent Lowell Financial who will contact you regarding payment.
    Ignore for now
    24-1-12 Letter from Lowells we wrote to you recently with the answer to a query you raised on your account, we hope this now resolves things and you are in a position to discuss repayment of this debt. Offers payment plan 1 £30 pm or plan 2 £50pm please phone us to arrange payment.
    Niddy says ignore for now
    8-2-12 Letter from Lowells. We wrote and offered payment options your account remains unpaid. What happens next. As we have answered your query and offered affordable repayment plans we can only assume you are unwilling to repay the money you owe and have had the benefit of. We are now therefore going to obtain a copy of your credit file from Experian and use the information within it to help us decide what course of action to take next. your credit file will highlight things such as whether you have a mortgage and if you are repaying your other commitments on time, we may even obtain your work details if you are currently working. Dependant on what we see will determine what action we take. Our options will be either to use the Court, or use a door step agent who will arrange to visit you and discuss repayments face to face. if we use the courts extra fees will be added, call now to set up repayment.
    Sent final response UE
    27-2-12 Letter from Lowell. having reviewed your account we can confirm that SDG have previously provided us with a reconstituted copy of your credit agreement a copy of which was sent to you on the 5/1/12 SDG have confirmed that you would have signed this prior to the granting of credit to you.Under section 77/78 of the CCA of 1974 we are not obliged to send you an exact copy of your signed agreement.We are required by those sections of the CCA 1974 to provide you with a recon copy of the version you would have signed. You have confirmed as much in your latest correspondence.
    We can confirm we have satisfied our obligation to provide you with information relating to this debt.

    As you are disputing this point we would require you to provide us with a copy of the documents sent to you in relation to your CCA request under s77/78 so that we may review them. In the event that you are unable to do this we would advise that we have nothing further to add which may be considered constructive. We have placed your account on hold for 28 days whilst you comply with our request, at which point collection activity will resume.
    Mmmm now let me think about this, they want me to send them a copy of the documents that they sent me. Don't fink so!!!
    But should I respond with anything please?

    Leave a comment:


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

    Originally posted by clueless24 View Post
    Is there anything I should respond with please?
    Chuck one of these back at Bryan Carter ---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (General)

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Egg Banking

    Credit card
    Approx 2000
    Bal £10,890.00
    Last paid 24-2-10
    Arrangement £1 token/ stopped Feb 2010
    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.
    24-6-11 Send CCA Missing PT's
    18-7-11 Letter from Fred Int. You have failed to make an acceptable repayment proposal on this account. THIS DEBT WILL NOT GO AWAY. Pay now.
    18-7-11 Niddy says ignore for now
    19-11-11 Letter from Bryan Carter Solicitors payment must be made within 14 days failing which we will recommend to our client that proceedings be issued without further notice. Should procedings be issued, additional charges will be added to the existing balance thus £190.00 Court Fees & £100.00 Solicitors fees. If you dispute liability for this debt please state your reasons why in writing and supply us with documentation in support of your defence to any claim. Before the account is referred to us to litigate you still have the opportunity to contact Fred Int with your payment proposals. To avoid further action contact them immediately.
    19-11-11 swanfan says send Threat before action
    27-10-11 Letter from Bryan Carter Thank you for your letter of the 19/10/11 requesting documentation. We are unable to provide this information you should request this direct from our client with a £1 fee. In the meantime you need to contact us with your payment proposals
    11-11-11 Letter from Barclaycard advising the debt has been transferred to Arrow Global Guernsey Ltd this letter is formal notice of assignment of the debt. bal o/s is now payable to Arrow. Fredricksons will continue to service the account on behalf of Arrow. Fred's will continue to honour any payment arrangement until it is due for review and they will contact you to review your circumstances.
    11-11-11 I2D. Ignore for now
    15-11-11 Letter from Fred's Despite a recent letter from Bryan Carter Solicitors you have failed to discharge your debt with our client. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at my address.
    At this late stage and as gesture of goodwill we are prepared to accept a full and final settlement on this account provided that you contact us on 0845 within 48 hours
    15-11-11 Pixie send threat to commence litigation to Fred Int
    21-11-11 Letter from Arrow Global Guernsey Ltd NOTICE OF ASSIGNMENT. You should contact Fred Int as a matter of urgency to organise payment unless you believe you have received this in error or the balance is incorrect or not owed contact with all relevant info as a matter of urgency.
    28-11-11 Scary letter from Bryan Carter may be referred for court proceedings. Must pay by the 5/12/11 to avoid it going to court.
    Pixie & Niddy send Threat to commence litigation to B C
    1-12-11 Another letter from BC my letter of the 15-11-11 to Fred int has been forwarded to them. We deny harrassment but confirm all communication will be in writing.
    This account is regulated by Consumer Credit Legislation. It is our clients policy to provide agreements at the point of contract and statements throughout the duration of the account and in this regards verification of the claim has previously been provided.
    If you require documentation you must request this from our client direct.
    We note you have already admitted liability for this debt as you last made a payment in the sum of £4 direct to our client on the 3-10-2010.
    As we have no record of a valid dispute in this matter and as we have clarified our position and that of our client we look forward to hearing from you with your payment proposals.
    P317 Niddy says ignore for now and wait
    25-2-12 Letter from Bryan Carter Solicitors. We confirm we have referred your dispute to our client and they have advised us that they have no record of a dispute on file. Our client believes the outstanding balance is lawfully owed to them and we look forward to hearing from you with your payment proposals for repayment. Alternatively, if you dispute the above account, please provide details to us.
    Is there anything I should respond with please?

    Leave a comment:


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

    Send this:---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (General)

    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 £1708.42
    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
    24-6-11 Ignore and wait till they come back to me
    8-7-11 Letter from Lowell Financial saying that You were informed recently that your Kays account was sold to Lowells Portfolio because there was an O/S debt that you have not repaid and unless you paid it, it would be sent to us at Lowell Financial the debt collection unit. We can help, what happens if you do not pay, call us.
    8-7-11 I2D ignore for now
    19-7-11 Several voice text messages on a daily basis over the last couple of weeks asking me to call Lowells
    19-7-11 Sent Harrassment by Telephone letter 1.
    22-7-11 Have today recieved an email from Lowells advising pay up or else.
    Continuing phone calls
    29-7-11 Letter received from Lowells. We have still not recieved payment from you, nor is there a repayment plan in place to repay this account. This debt is not going to go away and ignoring the problem could make things worse for me. in an attempt to demonstrate how flexible we are willing to be we would like to offer you a monthly repayment plan, so you no longer have to worry and stop further action, such as litigation. We suggest a monthly plan of £30 per month.
    29-7-11 Send Final Response UE
    4-8-11 Letter from Lowells re final response UE letter and phone harassment letter. They have acted within guidelines but confirm my number has been removed from thier files. We must advise you that this appears to be the first letter that we have received from you in relation to this account. The o/s balance was sold to lowells on the 16-6-11 as shop direct were unable to collect. Confirms the account was opened on 24-7-94 and last payment 5-11-10. We have contacted the original creditor for a copy of my agreement and account statements, which will serve as documentary evidence of my liability for this debt, we have placed the account on hold while we await this information. Please be advised that, as legal owners of this debt, we are in a position to liase with shop direct on your behalf in order to resolve any issues that you may have. We therefore ask that you forward us further details as to the nature of your dispute then we can communicate with shop direct.
    11-8-11 Letter from Lowells advising that they are still awaiting receipt of this information and apologise for the delay. Please note however that we have not recieved a formal request from me under the CCA or the £1 fee, we can therefore advise that we are under no legal obligation to send the information you have requested within a certain time period.We do not hold copies of statements or agreements within our office we cannot state a time period in which these will be recieved. We can advise that your account will remain on hold while we await this information. You will continue to receive updates.
    23-8-11 Letter from Lowells we write in respect of above debt which as previously notified we have purchased from SD. We are now entitled to recieve payment of the balance £1708.42 from you and enclose a copy of your statement as requested. Neither shop direct nor ourselves are aware of any reason for non payment. Pay up within 7 days or we may instruct our solicitor.
    23-8-11 I2D say's ignore for now
    8-9-11 Letter from Lowells enclosing CCA from 2005 (account opened in 1994) Niddy already advised UE . Make payment or contact us within 7 days to agree payment proposals, we reserve right to instruct solicitors to issue legal proceedings against you without further notice.
    8-9-11 Sent UE general template
    16-9-11 Letter from Lowells We Regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non payment.
    23-9-11 letter from Lowells account on hold while they contact OC
    7-11-11 Letter from Lowells we are entitled to collect they know of no reason why this should not be paid, contact within 7 days to arrange payment proposals or may instruct solicitor to issue legal preceedings against me without further notice. Also enclosed CCA dated 15/1/05 Niddy says UE (account opened 1994)
    Niddy says send Threat by creditor to commence legal action.
    17-11-11 Letter from Lowells, we regret to note that despite previous correspondence we have not received payment. Failure to respond may result in further action. Call our advisors to prevent action being taken.
    17-11-11 Pixie Ignore for now.
    25-11-11 Letter fron Lowells in response to Threat by creditor to commence action, says account on hold whilst they investigate, SDG have complied with CCA and they have provided a recon which they are allowed to do they have asked for copies from SDG and will be in touch.
    10-12-11 Incessant phone calls from Lowells (despite their letter of the 4-8-11 confirming my number had been removed from their records) sent telephone harassment letter.
    12-1-12 Letter from Lowells Portfolio thank you for your enquiry regarding this account which we referred back to the original creditor. After noting your comments Shop Direct have forwarded to us a reconstituted copy of your agreement as previously provided to you and as promised in our letter of the 21-11-11. copy attached. we trust this now resolves your query and look forward to hearing from you within the next 14 days to discuss repayment, after this time your account will be transferred to our debt collection agent Lowell Financial who will contact you regarding payment.
    Ignore for now
    24-1-12 Letter from Lowells we wrote to you recently with the answer to a query you raised on your account, we hope this now resolves things and you are in a position to discuss repayment of this debt. Offers payment plan 1 £30 pm or plan 2 £50pm please phone us to arrange payment.
    Niddy says ignore for now
    8-2-12 Letter from Lowells. We wrote and offered payment options your account remains unpaid. What happens next. As we have answered your query and offered affordable repayment plans we can only assume you are unwilling to repay the money you owe and have had the benefit of. We are now therefore going to obtain a copy of your credit file from Experian and use the information within it to help us decide what course of action to take next. your credit file will highlight things such as whether you have a mortgage and if you are repaying your other commitments on time, we may even obtain your work details if you are currently working. Dependant on what we see will determine what action we take. Our options will be either to use the Court, or use a door step agent who will arrange to visit you and discuss repayments face to face. if we use the courts extra fees will be added, call now to set up repayment
    Should I now respond with anything please?

    Leave a comment:


  • IF
    replied
    Re: clueless24 UE Diary

    I'm so pleased clueless, well done you

    Leave a comment:


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

    Hey, not so clueless anymore are we?

    What a difference a few months makes -

    Leave a comment:


  • Deepie
    replied
    Re: clueless24 UE Diary

    Well done...............

    Leave a comment:


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

    Excellent result. Well done

    Leave a comment:


  • clueless24
    replied
    Re: clueless24 UE Diary

    Originally posted by clueless24 View Post
    Argos Card Services

    Credit Acc
    Commenced 2003
    Bal £2504.77
    Last paid 01-01-10
    No arrangement but send £1 token monthly. Ceased payments 01/11/2010
    Default
    Acc owner
    Argos Card Services

    3-2-11 CCA request sent
    15-2-11 £1 chq cashed
    21-2-11 Track and Trace showing as not delivered
    26-2-11 12 + 2 days up on the 23-2-11 No CCA recieved
    23-8-11 CCA and covering letter recieved from Argos. Will e-mail Niddy for advise
    Niddy say's no T&C so UE at the moment WHOO HOO!!!!!
    28-11-11 Letter from Argos and Lowells in same envelope notice of assignment on 3/11/11 Lowells asks for the balance in full.
    7-12-11 Letter from Lowells. We're here to help. We wrote to you recently to let you know we have bought the debt o/s with Argos you have not yet cleared the o/s balance or entered into a repayment plan and they have asked us to get in touch. You need to pay in full, contact us to talk about how you are going to pay it or set up a direct debit. Phone us straight away.
    8-12-11 Niddy says send Account sold in dispute letter.
    17-12-11 Letter from Lowells You still haven't agreed a repayment plan with us, the longer you leave getting in touch or paying the balance, the more you risk further action, we may also ask one of our agents to visit you at your home to discuss this account.
    24-12-11 Letter from Lowells we have asked your original lender for a copy of your credit agreement.
    24-12-11 Letter from Lowells we acknowledge your account in dispute with original lender letter and will respond within the 12 working days period. we will be in touch as soon as we have the agreement.
    5-1-12 Letter from Lowells we have been in touch with Argos about a copy of your credit agreement, they have let us know they are trying to retrieve it from thier archives as soon as we have it we will send it to you. In the event we cannot obtain a copy we will write to you again and inform you of this. Once you have seen the agreement we will ask you to pay the o/s balance in full.
    12-1-12 Letter from Lowells Argos are still trying to retrieve the CCA from their archives we wont write again until we have the agreement. Account on hold.
    8-2-12 Letter from Lowells. After liasing with Argos in an effort to obtain this document we have been advised that this is no longer available due to the length of time since the account was opened. We have closed our file and will not contact you again unless the copy of the agreement is recieved at some point in the future from Argos.
    Letter filed away safely in the family vault me thinks this is a result WHOO HOO thank you to everybody who helped me

    Leave a comment:


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

    Ok guys, new thread time! Lets put this to bed once and for all.

    ---> What to do when your account is Assigned?

    Niddy :niddy

    Leave a comment:


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

    Originally posted by garlok View Post
    Fraid I have to disagree with some of the above both from direct experience and the discussion that Paul has had on here concerning contact. I knwo what i would do.

    regards
    Garlok
    Mate, if you read the comments from Pauls thread you'll see, not all is as simple as it first appears. I see Pauls argument, but also have stats from here and to be honest, if an account is already UE after having received the CCA then you do not under any circumstances reapply for it, as we all know they may be able to then come back with a proper recon thus changing an UE debt into an enforceable debt.

    Imagine it, they send you a dodgy CCA, they then assign the debt and the new owner tries to take you to court but in the meantime they have fudged a recon, different in many ways to one you previously received.

    Case won.

    The reverse, you do a CCA and they respond with a recon. They assign the debt and you then do another CCA, they can either decline it (if you have already had one in the last year regardless whether they were the owner at the time or not) or they will supply a new recon that is correct. They then take action, you lose - why? Cos they had a "good" agreement to take with them to court. Oh, but you still have the previous dodgy copy - so what, they have remedied that breach with the new copy.

    Obviously opinion varies on this but I am going to be cocky and say we've survived just fine for almost 4 years now (including MSE time) and thus I am confident the system I try and employ here does indeed work.

    Paul, as a solicitor has to say what he does for more than one reason. However you have to remember an UE agreement means it cannot be enforced, so why send another CCA? Totally fruitless, you're actually giving them a chance to remedy a past error.

    My views.

    Leave a comment:


  • garlok
    replied
    Re: clueless24 UE Diary

    Fraid I have to disagree with some of the above both from direct experience and the discussion that Paul has had on here concerning contact. I knwo what i would do.

    regards
    Garlok

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  • clueless24
    replied
    Re: clueless24 UE Diary

    Thank you Niddy, I shall await further correspondence.

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

    Originally posted by clueless24 View Post
    Hi Garlock
    Thank you for taking the time to respond, I understand the sending account sold in dispute letter to Arrow but as I have a copy of the CCA (Niddy says UE) supplied by MBNA would I need to request another one from Arrow? sorry for all the questions your help is much appreciated.
    Hiya

    I think there is some confusion over this, if a dca or creditor sells the debt on by way of assignment, like the letter you received, then you do not need to resend a CCA.

    There a lot of comments about this lately, basically just ignore it - see what they say next time they write.

    Garlok is correct in what he says, assuming you have not had the CCA - as you have, and we're more than happy at the legal status of it - then pointless re-requesting another.

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