Woodgate's UE Diary

[Spud]

Re: Woodgate's UE Diary

Update

I have received a reply from Barclaycard to the cca query letter above.

It runs to three pages, roughly..

blah, blah, blah, blah-blah, Carey, blah, blah, blahdy blah, Carey, blah, blah, our response meets the requirements of the Act, blah, we're right, give us your money,
we don't class the account as in dispute, blah.

Any thoughts on what to do next would be greatly appreciated.

They never do class it as in dispute......Why would they? From their point of view they will not just roll over and say oh ok then!

I would wait a while now, Start playing "The game" string it out and see what they send next ect. When you get another letter, lets see what they say and go from there.........You don't want to hurry things along by getting straight back to them
Depending what they come back with, Perhaps just a simple "one liner" referring them to your CCA query letter dated xxxxxx. (As nothing has changed) but you don't want to spell that out to them !!!

[Woodgate]

Re: Woodgate's UE Diary

2) Barclaycard

• Type of account - Credit card
• Date commenced - May 2000
• Approx balance - £9,500
• Date last paid - tbc
• Are you on arrangement or not paying - Arrangement, Not paying
• Status - In arrears, interest frozen, not showing as defaulted on credit report. Interest being charged.
• Account owner - Mercers (for Barclaycard)
• History - Originally a 'Morgan Stanley Dean Witter' credit card

20/10/14 - Sent CCA request to Mercers
30/10/14 - CCA received
31/10/14 - Niddy says

This is UE - yes they've sent terms but that's it - where did you agree to take this product? There is no signed agreement - in fact there is no agreement, period!



I'd respond as follows --> http://www.all-about-debt.co.uk/inde...tions-received

The terms they sent are questionable as I need the agreement to align the two - so right now it is UE.

Update

I have received a reply from Barclaycard to the cca query letter above.

It runs to three pages, roughly..

blah, blah, blah, blah-blah, Carey, blah, blah, blahdy blah, Carey, blah, blah, our response meets the requirements of the Act, blah, we're right, give us your money,
we don't class the account as in dispute, blah.

Any thoughts on what to do next would be greatly appreciated.

[Woodgate]

Re: Woodgate's UE Diary

I'd not be too worried just yet,

There is a lot more to it than them sending you a copy of the signed application form......Especially with Lloyds bank around that era......

There are a few flaws to their paperwork from that time......And they know it

Fingers crossed

Send it off to Niddy to check - remember an application form is NOT necessarily an agreement - it has to contain all the prescribed terms.

Thanks to you both , I've uploaded it for checking.

[SaltnVinegar]

Re: Woodgate's UE Diary

Post #39 from 15 November 2014



Update

Postman has today delivered a signed application form from Lloyds.

I'll upload for checking, but it looks as though another one is about to go

Send it off to Niddy to check - remember an application form is NOT necessarily an agreement - it has to contain all the prescribed terms.

[Spud]

Re: Woodgate's UE Diary

Post #39 from 15 November 2014



Update

Postman has today delivered a signed application form from Lloyds.

I'll upload for checking, but it looks as though another one is about to go

I'd not be too worried just yet,

There is a lot more to it than them sending you a copy of the signed application form......Especially with Lloyds bank around that era......

There are a few flaws to their paperwork from that time......And they know it

Fingers crossed

[Woodgate]

Re: Woodgate's UE Diary

4) Lloyds Bank

• Type of account - Credit card
• Date commenced - June 1997
• Approx balance - £17,000
• Date last paid - tbc
• Are you on arrangement or not paying - Arrangement
• Status -Defaulted May 2014
• Account owner - Moorcroft (for Lloyds Bank)

20/10/14 - Sent CCA request to Moorcroft
05/11/14 - CCA received
15/11/14 - Niddy says

02/02/15 - Missing Prescribed Terms letter sent to Lloyds
16/02/15 - Copy of application form received from Lloyds

Post #39 from 15 November 2014

Hi

Sorry for the delay - this is 100% UE as there is nothing from account inception, all they've sent is recon terms.

I'd respond as follows --> http://www.all-about-debt.co.uk/inde...escribed-terms

Update

Postman has today delivered a signed application form from Lloyds.

I'll upload for checking, but it looks as though another one is about to go

[Pixie]

Re: Woodgate's UE Diary

You should really have sent the Missing Prescribed Terms letter back in November when Niddy suggested it. Send it now, better late than never...

When you receive a letter from akinika (I hope you're not speaking to them on the phone) then I would send Account Sold While in Dispute to them.

[Woodgate]

Re: Woodgate's UE Diary

4) Lloyds Bank

• Type of account - Credit card
• Date commenced - June 1997
• Approx balance - £17,000
• Date last paid - tbc
• Are you on arrangement or not paying - Arrangement
• Status -Defaulted May 2014
• Account owner - Moorcroft (for Lloyds Bank)

20/10/14 - Sent CCA request to Moorcroft
05/11/14 - CCA received
15/11/14 - Niddy says

Update

A letter from Lloyds today, as we haven't been able to agree a suitable prepayment plan they have passed me over to akinika.
This explains the four phone calls, two voicemails & a text message that I had from them yesterday.


Time to fire off a Missing Prescribed Terms letter to Lloyds (as suggested by Niddy in post #39)

[Woodgate]

Re: Woodgate's UE Diary

Thanks to you both

I'll send them a LBA response letter tomorrow, I've got until the end of next week.

I'll also send drydens a CCA request. They stamped their company name all over the back of the postal order before returning it, so they
may as well have it back.

Afaik they didn't forward the request to Hoist.







edit: Having read the LBA response letter, another CCA request isn't really necessary.

[PlanB]

Re: Woodgate's UE Diary

the first from drydensfairfax.

Despite their letter of 31/10/14, they have written...

'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt.
...Unless we receive payment by **/**/** we hold instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement...... no further notice will be provided...'

I was going to just send Drydens another CCA request, but I think I should treat this as a letter before action.

I agree with deepie that you should reply with our LBA Response letter pronto.

But don't be too concerned since this is a Debenhams storecard which turned into a credit card bought by Santander isn't it? Have we already had a conversation about that scenario?

What did you get back from your s.78 CCA request to DrydensFairfax in October 2014? I can see they returned your postal order but did they forward the request on to Hoist Portfolio or are they (HP) in the dark that there may be an outstanding CCA request? If they don't know about it they may well have given DrydensFairfax instructions to issue proceedings in ignorance of the situation.

What's the deadline they've set in that letter?

[Deepie]

Re: Woodgate's UE Diary

Update

A sudden burst of activity today, two letters, the first from drydensfairfax.

Despite their letter of 31/10/14, they have written...

'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt.
...Unless we receive payment by **/**/** we hold instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement...... no further notice will be provided...'




I was going to just send Drydens another CCA request, but I think I should treat this as a letter before action.

• Yes i would .......> Formal Letter Before Action Response

[Woodgate]

Re: Woodgate's UE Diary

5) MBNA

• Type of account - Credit card
• Date commenced - September 1999
• Approx balance - £12,500
• Date last paid - tbc
• Are you on arrangement or not paying - Not paying
• Status - Defaulted April 2014
• Account owner - Arden Credit (for Idem Capital Securities)

11/10/14 - Sent CCA request to Arden Credit Management
20/11/14 - Letter received from Arden - 'we have tried to contact you a number of times...if we don't hear from me in the next 7 days we will consider paying a visit to discuss in person..'
21/11/14 - CCA reminder/doorstep letter sent.
27/11/14 - CCA received.
08/12/14 - Niddy confirms

Update

The other letter today comes from Arden.
They have been phoning a couple of times a day and have sent a letter similar to the one received on 20/11/14.

I'll send another doorstep letter.

[Woodgate]

Re: Woodgate's UE Diary

3) Debenhams

• Type of account - Credit card (previously a charge card)
• Date commenced - Before May 2002
• Approx balance - £5,500
• Date last paid - tbc
• Are you on arrangement or not paying - Not paying
• Status - Not on credit report, defaulted?
• Account owner - Drydensfairfax (for Hoist Portfolio Holding 2 Ltd)
• History - Originally with GE Capital Bank, taken over by Santander. Sold to Hoist Portfolio via New Day.

11/10/14 - Sent CCA request to Drydensfairfax
31/10/14 - Reply from Drydensfairfax, '..this account is now closed with ourselves. Any future correspondence to Hoist Portfolio.' Postal Order returned.
12/11/14 - Statement and Subsequent Notice of Arrears received from Hoist Portfolio. 'We encourage you to contact us immediately to discuss the state of this account with us..'

Update

A sudden burst of activity today, two letters, the first from drydensfairfax.

Despite their letter of 31/10/14, they have written...

'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt.
...Unless we receive payment by **/**/** we hold instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement...... no further notice will be provided...'




I was going to just send Drydens another CCA request, but I think I should treat this as a letter before action.

[Woodgate]

Re: Woodgate's UE Diary

2) Barclaycard

• Type of account - Credit card
• Date commenced - May 2000
• Approx balance - £9,500
• Date last paid - tbc
• Are you on arrangement or not paying - Not paying
• Status - In arrears, interest frozen, not showing as defaulted on credit report. Now charging interest.
• Account owner - Mercers (for Barclaycard)
• History - Originally a 'Morgan Stanley Dean Witter' credit card

20/10/14 - Sent CCA request to Mercers
30/10/14 - CCA received
31/10/14 - Niddy says

Update

I've stopped paying this, Barclaycard are now charging interest again.

[Woodgate]

Re: Woodgate's UE Diary

Ok you'll have a wait then - thus I asked you to email as I am on my phone so can look at email - I cannot view uploads on my phone and won't be online for a few days (on laptop)......

Email me for quicker response - thanks

Ah, ok. I've emailed it to you, but it's not urgent.

Thanks