StressHead's UE Diary

[StressHead]

Re: EGG Loan

GULP! What should I do next?

EGG2 (Loan) - ENFORCEABLE AT
PRESENT
Date commenced: Sept 2006
Approx balance: £22,902
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Oct 2008. No Default Notice received.
Account Owner: Aktiv Kapital.

02 NOV 2010: Letter from Aktiv to me offering settlement figure of £5813.33.
22 NOV 2010: CCA received from EGG to DMP Company.
9 FEB 2011: First letter requesting CCA sent to Aktiv Kapital.
11 FEB 2011: CCA received from Aktiv Kapital.
6 MAR 2011: Copy of CCA sent to Niddy.
7 MAR 2011: Niddy's confirmed as under s.18. He has also advised me to reclaim the £8K of PPI which I was told I 'had to take out otherwise couldn't have the loan'. Have posted a thread in the Reclaiming section of forum.
8 MAR 2011: CCA Query - Missing Prescribed Terms Letter sent to Aktiv Kapital.
8 MAR 2011: SAR Request Letter sent to EGG.
14 MAR 2011: Letter from Aktiv acknowledging receipt of my letter.
16 MAR 2011: Letter from Aktiv stating that copy agreement previously sent represents legally binding contract therefore they have complied with CC Act 1974. As is readily apparent, this transaction was undertaken online and placing a tick in a box represents your signature. This is clearly stated in the form which is recognised by the OFT. Contrary to your assertions, this agreement is not unenforceable but in any event this would be a matter for the Courts to determine. For our part, proceedings are not contemplated since we are receiving payments from you via DMP Company. Haven't paid any monies to DMP for 2 months. Aktiv didn't send me my SAR or return my £10?
17 MAR 2011: Letter from EGG. Thank you for your recent request for a copy of phone calls/call transcripts. Please provide us with approximate dates, times and the nature of the calls. As part of the SAR, we will provide a copy of account notes which include call contact information.
23 MAR 2011: Letter from EGG. Thank you for recent request for an executed copy of a CA for XXXXXX with Egg Banking. We do not seem to have received the statutory fee of £1 from you for this request. Please send a cheque etc. I received the CCA on 11/02/11.
1 APRIL 2011: Letter to EGG responding to their letter from 17/03/11. Requesting hard copies of my full file. Will request transcripts in due course. Was advised by Niddy to check that PO had been cashed. Was cashed on 21/03/11.
MAY 2011: Received full file from EGG. Niddy says not to claim PPI back unless loan is deemed enforceable.
21 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told them to put all correspondence in writing and to not call me.
22 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told her that someone called me yesterday and I've asked for all correspondence to be made in writing. She asked me if I'd received the letter and I said no because I was put on the spot however after referring to my write up, I can see that I did get the letter. I told her that I didn't wish to receive any more phone calls from Aktiv as they're harassing me (I've had about 15 missed calls over the past week).
30 JUNE 2011: Letter from Aktiv with a copy of their letter from 16/03/11. Advised to ignore.
2 SEPT 2011: Letter from Aktiv with a 'new deal' of £16438.73, they pay £8851.63. Still ignoring but interestingly the outstanding balance has crept up to £25290.36!
27 OCT 2011: Letter from Aktiv with a 'new deal' of £14739.49, they pay £10894.41. Still ignoring. The outstanding balance has now crept up to £25633.90!
30 DEC 2011: Letter from Aktiv with a 'new deal' of £16885.34, they pay £9092.10. Still ignoring. The outstanding balance has now crept up to £25977.44!
19 JAN 2012: Letter from Aktiv with a 'new deal' of £15035.80, they pay £11113.41. Still ignoring. The outstanding balance has now crept up to £26149.21!
30 JAN 2012: Letter from Aktiv with a 'new deal' of £16996.99, they pay £9152.22. Still ignoring. The outstanding balance has now crept up to £26149.21!
8 FEB 2012: Voicemail from Aktiv.
9 FEB 2012: Voicemail from Aktiv.
17 FEB 2012: Letter from Aktiv with a 'new deal' of £15134.56, they pay £11,186.42. Still ignoring. The outstanding balance has now crept up to £26320.98
W/C 20 FEB 2012: Voicemails from Aktiv plus they've caught me a couple of times on the phone but I've hung up once they've told me who they are!
29 AUG 2012: Letter from Aktiv 'I refer to recent communications concerning the above account. Please find enclosed a copy of the Original Credit Agreement pertaining to the account. Please contact us within the next 14 days in order for us to discuss the matter further'. The outstanding balance has now crept up to £27297.94. Niddy has advised that due to other cases which have now taken a president, this debt is now enforceable. Advised to play the game for a while longer so sending the letter below.
10 OCT 2012: CCA Query - Missing Prescribed Terms Letter sent to Aktiv Kapital.
25 OCT 2012: Letter from Aktiv in response to my previous letter essentially saying that they've provided me with everything I've requested and the debt is enforceable.

[StressHead]

Re: MBNA Credit Card

Any response required to last contact from Midas?

MBNA
Date commenced: Sept 2006
Approx balance: £10,570
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Aug 2008. Default Notice received from Arrow Global Oct 2008.
Account Owner: According to DMP, account is with MBNA. Credit Expert says it’s with Arrow Global. Last letter I received was from Fredrickson International in Oct 2008.

15 JUNE 2010: Letter to DMP Company from MBNA stating that ‘accordingly the credit agreement and current terms and conditions were sent to you’. No CCA or T’s&C’s were received by DMP Company.
8 FEB 2011: Letter to me from Arrow Global asking me to send proof of new address. Letter received on 11/02/11. I moved in Aug 2009.
9 FEB 2011: First letter requesting CCA sent to Fredrickson International.
1 MARCH 2011: End of 14 working days and no response. Have I sent the request to the right company? Have checked the recorded delivery code and it says that it’s still being processed through the Royal Mail system.
4 APRIL 2011: Letter still hasn't been delivered and PO hasn't been cashed. Letter requesting CCA sent again to Fredrickson International.
31 MAY 2011: Letter from Arrow Global 'Arrow Global hold the legal rights of this account and until further notice, all correspondence should be directed to us. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining the CCA. We will now process your request from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents'. Amount owing as stated on this letter is £10,201.08.
JUNE 2011: Niddy says to just wait.
27 JULY 2011: Letter from Arrow Global 'Thank you for your recent communication in which you informed us of a different address. We are required to verify... provide us with 2 of the following...'. Presume they're referring to letter on 04/04/11. Still haven't had any further communication from them regarding their letter on 31/05/11.
1 APRIL 2011: Checked my Experian credit report and this debt is showing but they've never got back to me.
29 SEPT 2012: Letter from Moorcroft Debt. Possible litigation letter.
27 OCT 2012: Letter from Midas Credit Services - Litigation warning.

[StressHead]

Re: BARCLAYCARD Credit Card

Should I respond to these latest letters??

BARCLAYCARD - UNFORCEABLE AT PRESENT
Date commenced: June 2000
Approx balance: £7,495.70 (updated 01/08/11)
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: No default issued. Barclaycard doesn’t even show on Credit Expert. Apex Credit Management is showing the account as Satisfactory.
Account Owner: Was sold to Apex Credit Management in Jan 2011.

13 MAY 2010: Letter from DMP Company to Barclaycard requesting CCA. No response received.
21 JAN 2011: Letter to me from Barclaycard saying that they have sold the debt to Apex Credit Management. It says ‘this letter is formal notice of the assignment of the debt and the closure of your account with Barclaycard’.
21 JAN 2011: Letter from Apex saying that they have bought to debt from Barclaycard.
9 FEB 2011: First letter requesting CCA sent to Apex.
14 FEB 2011: Letter from Apex saying that they have requested the CCA from Barclaycard.
1 MARCH 2011: End of 14 working days and no further response.
25 MARCH 2011: Letter from Apex stating that CCA and T's&C's are enclosed. Still waiting for SOA, will be sent as soon as received.
4 APRIL 2011: Niddy says as only terms were sent and no agreement.
4 APRIL 2011: CCA Query - T's&C's Supplied letter sent to Apex.
1 JUNE 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. Niddy says to ignore.
1 AUGUST 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. Have been receiving 1-3 calls a day from APEX for the last couple of weeks.
1 SEPT 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
3 NOV 2011: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
1 JAN 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
1 FEB 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
3 MAR 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
1 SEPT 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
9 SEPT 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
1 OCT 2012: Letter from Apex saying that they haven't received any minimum payments from me and they want me to pay them £29.30/month. No calls recently.
23 OCT 2012: Letter from Apex for 'Notice of Sums in Arrears'.
23 NOV 2012: Letter from Apex for 'Notice of Sums in Arrears'.

[Never-In-Doubt]

Re: StressHead's UE Diary

Hiya

Ok I have read through this again and really can’t find enough fault to make it UE. That said I would deffo blag it right up to the point of them getting arsey then I’d look at a PPI reclaim, after all that will knock £10k off the balance being asked for.

But sadly it is enforceable, therefore I would blag it as things stand and respond with the following template --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

Keep us updated.....

[StressHead]

Re: StressHead's UE Diary

Hi Niddy,
I sent you a copy of a CCA on 16th September and haven't heard back from you yet. Just wanted to make sure that you received it?
Thank you

[Never-In-Doubt]

Re: MBNA Credit Card

I'm guessing that I should just ignore these peeps?!

I would.....

[StressHead]

Re: MBNA Credit Card

MBNA
Date commenced: Sept 2006
Approx balance: £10,570
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Aug 2008. Default Notice received from Arrow Global Oct 2008.
Account Owner: According to DMP, account is with MBNA. Credit Expert says it’s with Arrow Global. Last letter I received was from Fredrickson International in Oct 2008.

15 JUNE 2010: Letter to DMP Company from MBNA stating that ‘accordingly the credit agreement and current terms and conditions were sent to you’. No CCA or T’s&C’s were received by DMP Company.
8 FEB 2011: Letter to me from Arrow Global asking me to send proof of new address. Letter received on 11/02/11. I moved in Aug 2009.
9 FEB 2011: First letter requesting CCA sent to Fredrickson International.
1 MARCH 2011: End of 14 working days and no response. Have I sent the request to the right company? Have checked the recorded delivery code and it says that it’s still being processed through the Royal Mail system.
4 APRIL 2011: Letter still hasn't been delivered and PO hasn't been cashed. Letter requesting CCA sent again to Fredrickson International.
31 MAY 2011: Letter from Arrow Global 'Arrow Global hold the legal rights of this account and until further notice, all correspondence should be directed to us. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining the CCA. We will now process your request from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents'. Amount owing as stated on this letter is £10,201.08.
JUNE 2011: Niddy says to just wait.
27 JULY 2011: Letter from Arrow Global 'Thank you for your recent communication in which you informed us of a different address. We are required to verify... provide us with 2 of the following...'. Presume they're referring to letter on 04/04/11. Still haven't had any further communication from them regarding their letter on 31/05/11.
1 APRIL 2011: Checked my Experian credit report and this debt is showing but they've never got back to me.
29 SEPT 2012: Letter from Moorcroft Debt. Possible litigation letter.

I'm guessing that I should just ignore these peeps?!

[Never-In-Doubt]

Re: MARBLES Credit Card

I was under the impression that Lowell were the acount owners now (or were) - so didnt think Opus had any right to process data - unless the account was sold back to them.

NoA will confirm that matey.

[oscar]

Re: MARBLES Credit Card

But now that Opus (or progressive financial whatever) own the Marbles brand they COULD add the info again at any point they see fit mate as they are the owners.

I was under the impression that Lowell were the acount owners now (or were) - so didnt think Opus had any right to process data - unless the account was sold back to them.

[Never-In-Doubt]

Re: MARBLES Credit Card

You had EXACTLY the same letter as me from Lowells. On the rear of that letter (top left if i remember correctly - and I cant be arsed digging it out) it does say the information will be removed I believe.

Just make sure you keep that letter safe.

But now that Opus (or progressive financial whatever) own the Marbles brand they COULD add the info again at any point they see fit mate as they are the owners.

[Never-In-Doubt]

Re: StressHead's UE Diary

Sorry Niddy - I'm feeling a bit (very) stressed because my o/h keeps going on about me 'sorting my debt out' so that we can buy a house because until we've done this then we won't be getting married or having kids. I'm 31 this year and the clock must be ticking as marriage and babies is all I can think of. By the time we get round to buying a house (because of my debt situation) I'll probability have been through menopause! I'm trying to be jovial but very emotional at the moment.

Hiya

Ok fair point, makes sense but no offence he needs to wait cos this added stress doesn't help and not being funny, if he loves you then he loves you - not because of material stuff like a house (rent!). As for no marriage/kids before a house - ermm, why? How old fashioned is that - you're 31, not 81 (unless religion affects it in which case sorry, I'm ignorant as I don't believe in religion)....

Point is, you're in no position to repay these debts and even if you do you will NOT get any lender go near you (certainly not a mortgage) until the defaults are gone so no matter what until 6 years from date of last default on your credit file, forget a mortgage.

I'm not being harsh, but you need to explain this to him that no matter what you do those defaults will remain. If you owe a grand and offered 10 grand to remove it the lender would say no.

That's what they're like at the moment and they aint changing so you have to live with it and he's pressurising you to repay these which will make not one iota of a difference then he needs to be told to back off. Seriously, you're only 31 FFS! I've just turned 40 this year and still go for 22 hours a day (usually more than that!).....

Point is, you're fine! Stop stressing, although that's your nickname still.....

[oscar]

Re: MARBLES Credit Card

MARBLES This isn't showing at all on my Experian Credit Report in any way shape or form - Is this correct?

You had EXACTLY the same letter as me from Lowells. On the rear of that letter (top left if i remember correctly - and I cant be arsed digging it out) it does say the information will be removed I believe.

Just make sure you keep that letter safe.

[StressHead]

Re: StressHead's UE Diary

Sorry Niddy - I'm feeling a bit (very) stressed because my o/h keeps going on about me 'sorting my debt out' so that we can buy a house because until we've done this then we won't be getting married or having kids. I'm 31 this year and the clock must be ticking as marriage and babies is all I can think of. By the time we get round to buying a house (because of my debt situation) I'll probability have been through menopause! I'm trying to be jovial but very emotional at the moment.

[Never-In-Doubt]

Re: BARCLAYS BANK Overdraft

This is another account which is listed on my Experian Credit Report as Status - Default and Balance - Satisfied. They accepted a F&F so shouldn't it now show as Status - Satifactory? Can you please advise? Thanks again!

No.

You had a debt - it got defaulted = status 'D'

You settled it so account is defaulted but satisfied/settled so it should stay as a default but have satisfied as you have satisfied the liability to the lender.

Its not satisfactory is it, as you breached the terms of the agreement and thus defaulted.

[Never-In-Doubt]

Re: EGG Credit Card

I thought that if they listed it as Satisfied bearing in mind they took a 'commercial decision to write the debt off' because it was unenforceable then would it not show as Status - Satifactory?

where did you read this nonsense? Absolutely rubbish - not at all.

satisfied could mean lender A sold to lender B by way of assignment thus it is settled with them (as a business write off) but lender B will now own the rights and can register the account on the CRA's again with the balance re-appearing.

It could be that they've decided it's not worth pursuing.

It could be that they think you've 'gone away' and so written it off but not sold it

It could be anything but they will NEVER add a satisfied status because you tell them it's ue. Never. Nor will they admit to it ever being UE - never.