Woodgate's UE Diary

[Never-In-Doubt]

Re: Woodgate's UE Diary

Thanks for looking at these, much appreciated


Would the default sums be covered under 2.k, or do they have to be more specific ?


2. Using the Card

Charges
k. If you do not keep to any of these conditions, you may have to pay our administrative charges as set out in our published tariff. We will apply these
charges to your account. We may change our charges from time to time.

It'll be specific on default sums and list the amount, look at your tesco agreement for an example as they normally have it.....

However that's not enough to make it UE - it's just questionable as to whether the terms are in fact allowed to charge any default sums.....

[Woodgate]

Re: Woodgate's UE Diary

Thanks for uploading....

This is weird, the agreement is in fact enforceable sadly - however the terms are strange; there is nowhere that mentions default sums or anything like that which makes me think these terms are a mix n match even though it's clear they aren't - thing is there should be sections stating how much they charge upon missing payments, back in 1998 it was £20-£30 a go yet now it's £12 - however why is there no reference to it on your terms?



I'd say it is worth blagging for now, something doesn't seem right so consider responding with the Missing Precribed Terms template here --> http://www.all-about-debt.co.uk/inde...escribed-terms

Thanks for looking at these, much appreciated


Would the default sums be covered under 2.k, or do they have to be more specific ?


2. Using the Card

Charges
k. If you do not keep to any of these conditions, you may have to pay our administrative charges as set out in our published tariff. We will apply these
charges to your account. We may change our charges from time to time.

[Never-In-Doubt]

Re: Woodgate's UE Diary

Update Tesco

Busy letterbox this morning, CCA also received from Tesco (inc signed application, etc)

I need this emailed too mate - for some reason your larger files are corrupting......

webmaster@all-about-debt.co.uk

[Never-In-Doubt]

Re: Woodgate's UE Diary

1) American Express

• Type of account - Credit card
• Date commenced - January 2001
• Approx balance - £4,250
• 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.
• Account owner - RMA Resolve (for American Express)

20/10/14 - Sent CCA request to RMA Resolve
24/10/14 - CCA Received

This looks good sadly. I cannot see anything wrong with the agreement or the terms.



Still, might be worth blagging it for now and sending this --> http://www.all-about-debt.co.uk/inde...escribed-terms

[Never-In-Doubt]

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
• Status - In arrears, interest frozen, not showing as defaulted on credit report.
• 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

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.

[Never-In-Doubt]

Re: Woodgate's UE Diary

6) Mint

• Type of account - Credit card
• Date commenced - September 1998
• Approx balance - £6,000
• Date last paid - tbc
• Are you on arrangement or not paying - Not paying
• Status - Defaulted December 2013
• Account owner - Capquest (for Royal Bank of Scotland)

11/10/14 - Sent CCA request to Capquest
31/10/14 - CCA received

Thanks for uploading....

This is weird, the agreement is in fact enforceable sadly - however the terms are strange; there is nowhere that mentions default sums or anything like that which makes me think these terms are a mix n match even though it's clear they aren't - thing is there should be sections stating how much they charge upon missing payments, back in 1998 it was £20-£30 a go yet now it's £12 - however why is there no reference to it on your terms?



I'd say it is worth blagging for now, something doesn't seem right so consider responding with the Missing Precribed Terms template here --> http://www.all-about-debt.co.uk/inde...escribed-terms

[Woodgate]

Re: Woodgate's UE Diary

7) Tesco

• Type of account - Credit card
• Date commenced - October 2002
• Approx balance - £4,250
• Date last paid - tbc
• Are you on arrangement or not paying - Arrangement
• Status - Defaulted December 2013
• Account owner - Moorcroft (for Tesco)

20/10/14 - Sent CCA request to Moorcroft
31/10/14 - CCA received

Update

Busy letterbox this morning, CCA also received from Tesco (inc signed application, etc)

[Woodgate]

Re: Woodgate's UE Diary

6) Mint

• Type of account - Credit card
• Date commenced - September 1998
• Approx balance - £6,000
• Date last paid - tbc
• Are you on arrangement or not paying - Not paying
• Status - Defaulted December 2013
• Account owner - Capquest (for Royal Bank of Scotland)

11/10/14 - Sent CCA request to Capquest

31/10/14 - CCA received

Update

CCA received from Mint (signed application form, etc)

[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.

Update

Drydensfairfax reply to my CCA request saying the account is closed with them, and that any future correspondence should be sent to Hoist Portfolio.
My Postal Order was returned.

I think I'll leave this for now, save the CCA request for later.

[Woodgate]

Re: Woodgate's UE Diary

It doesn't matter if they've provided a 110% perfect replica or accurate recon of the MSDW Ts & Cs; if they weren't there when the "CCA" was entered into (at inception) then they may be in difficulty. And it wouldn't be the first time.

Read this judgement HFO Capital v Roland Wegmuller which is one of AAD's success stories. The solicitors involved were Andrew's firm:

http://forums.all-about-debt.co.uk/s...l=1#post163625

Full judgement here > http://www.bailii.org/ew/cases/Misc/2012/19.html

Thanks, I'll have a read tonight.

[PlanB]

Re: Woodgate's UE Diary

it was originally a MSDW card. It looks as though the signed application form was separate, Barclaycard have supplied MSDW T&C's/Credit Agreement, but nothing with a signature.

It doesn't matter if they've provided a 110% perfect replica or accurate recon of the MSDW Ts & Cs; if they weren't there when the "CCA" was entered into (at inception) then they may be in difficulty. And it wouldn't be the first time.

Read this judgement HFO Capital v Roland Wegmuller which is one of AAD's success stories. The solicitors involved were Andrew's firm:

http://forums.all-about-debt.co.uk/s...l=1#post163625

Full judgement here > http://www.bailii.org/ew/cases/Misc/2012/19.html

[Woodgate]

Re: Woodgate's UE Diary

Goody. This Barclaycard was a MSDW card first wasn't it. They have a history of sending out the Ts & Cs with the plastic card i.e. separate from any signed application form (aka a CCA). It may not be the case with you but keep it in the back of your mind for future reference.

Have you uploaded your Amex CCA for checking too? If not do that, but keep them completely separate.

Hi, yes it was originally a MSDW card. It looks as though the signed application form was separate, Barclaycard have supplied MSDW T&C's/Credit Agreement, but nothing with a signature.

The Amex CCA came back ridiculously quickly, copy of signed application etc, Uploaded, but not too hopeful.

[PlanB]

Re: Woodgate's UE Diary

CCA reply from Barclaycard enclosing a reconstituted copy of the credit agreement.

Uploaded for checking

Goody. This Barclaycard was a MSDW card first wasn't it. They have a history of sending out the Ts & Cs with the plastic card i.e. separate from any signed application form (aka a CCA). It may not be the case with you but keep it in the back of your mind for future reference.

Have you uploaded your Amex CCA for checking too? If not do that, but keep them completely separate.

[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
• Status - In arrears, interest frozen, not showing as defaulted on credit report.
• 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

Update

CCA reply from Barclaycard enclosing a reconstituted copy of the credit agreement.

Uploaded for checking, many thanks.

[Woodgate]

Re: Woodgate's UE Diary

1) American Express

20/10/14 - Sent CCA request to RMA Resolve

24/10/14 - CCA received

Update

CCA received - that was quick!