Jet Set Willy's UE Diary

[jet set willy]

Hi all, i will try not to bore you and and be straight to the point. Quick background first.

Got a few debts but only disputing two at the moment (MBNA / KAYS) due to it being the biggest and most crippling! Others are two loans which are finishing inside 18 months and are quite new so most lkely enforcable and an egg credit card from 2001 which i am led to believe are mostly hard to prove UE. Plus it is at 1500 quid so not as bad as my major one. (if my finances deteriorate any more they are next lol). I suppose i am mostly trying to keep up with the ones i know to be enforcable as they are loans and have an end date in sight. Just got to keep battling away. MBNA was 220 a month and 215 was interest

First card is originally an A&L one from 1999 which MBNA took over and then decided to put me on 34.9% even though my credit score was 999 and perfect in all respects. They would not negotiate this. Roll back to last year and things got tough after i got married and found certain priority bills hadnt been paid by my wife and she thought she could catch up without me knowing. Hence a huge council tax bill which i am now upto date with again. Something had to give and it had to be MBNA. I asked them for help and they refused and then within days sent me a card cancellation letter.I have paid this off god knows how many times over. The balance was 8500 before i started the cca UE route. Its about 9500 now.

MBNA

Type of account - credit card
Date commenced - 1999
Approx balance - 9500
Date last paid - November
Now not paying
Status - in arrears, 4months
Account owner - MBNA

23rd November 2010 - Cancellation of my card, direct response to me asking for some short term help via smaller payments.
29th November 2010 - CCA request sent
20th December 2010 - Letter saying they cant currently comply and cant enforce in court blah blah but i should still pay and quote McGuffick and Carey. Forget to mention they were claimants though.
29th December 2010 - Account in Dispute letter sent.
29th January 2011 - Sent letter demanding to know if they had or ever had an agreement using CPUTR 2008. (No reply as yet)
12th May 2011 - Default notice recieved, their letter dated 9th may, first class post giving until 26th May to remedy arrears.
12th May 2011 - Copy of letter recieved back in December saying they cant currently comply with cca request.
13th July 2011 - Letter telling me account is terminated and options are being considered.
13th July 2011 - Letter replying to my CPUTR 2008 letter not really answering anything

Cue constant phone calls telling me i am a great customer and cant understand this etc etc. Only letters were statements. Have now changed my number so dont even get calls to play with.
I am now four payments missed and figure termination isnt far away. I stopped caring about them, they have hacked me off proper! Dont want sight of credit ever again.

So i havent really got a lot to add im afraid but i though it best to start as it will surely get bumpy at some stage lol.

Quick background to Kays. My account from 1999 but never used it, my girlfriend, now wife, always used it but just in my name. But she got into financial difficulty and never told me until arrears of about 500 pounds were demanded! So i CCA them, they send one back but it is dated 2007 and has my name but i didnt sign it! Plus no proper conditions, they came in a seperate booklet as an update. Definitely not mine. Totally the wrong handwriting. So their dates are 8 years out and its not my handwriting! Very creative.

KAYS/ SHOP DIRECT

Type of account - Catolalogue
Date commenced - 1999
Approx balance - 1500
Date last paid - November (60 pounds to keep them quiet, then found advice)
Now not paying
Status - in arrears, not sure how long but they want about 600 pounds
Account owner - Last letter NDR but think they are shop direct still

29th Novemeber 2010 - CCA request sent
6th December 2010 - CCA reply (incorrect)
28th December 2010 - Dispute letter sent
Sometime January - Sent payment offer for 25 pounds per month
18th February 2011 - Rebuttal of my dispute
18th February 2011 - Refusal of my payment offer
25th February 2011 - Letter sent pointing out their errors (not to specifically) and demanding to know if cca is held under cputr 2008
26th February 2011 - Letter from NDR demanding payment on behalf of Shop Direct
31st March - Letter from NDR giving 14 days before i am defaulted
1st August - Notice of assignment from Shop Direct, introduction from Lowell. Both in same envelope.Debt sold.

Sorry for the waffle, i hope thats clear. My main concerns are that i have a mortgage and fear the dreaded charging order! But so long as there are no agreements i am ready to fight. Plus i have noted a few court cases lately where the judge is overlooking the need for ANY agreement.

All my letters are kept, scanned and sent recorded for proof.
Thanks for looking, any advice, banter welcome. There is strength in numbers after all
Cant wait to get to know people here, it seems a great community and much respect is owed to the team here. Incredible stuff. Hopefully i will be able to return some help in the future as i learn more.

[Oct Revolution]

Re: Jet Set Willy's UE Diary

Welcome to the forum Jet Set Willy

Dont worry you are in the right place for good advice and help from Niddy and others on here too.

It does seem quite daunting at first but it does get a little easier as time goes on and you begin to follow/understand the UE route.

You've taken the first step by starting your diary and requesting your CCA.

Just wait for NID (although he's on his jollies at the mo) to come back with the appropriate advice and don't worry we are all in a similar position - just some are further down the route than you are.

I too had a A&L account which was taken over by MBNA who passed the debt onto Experto Credite when I reduced my payments to £1 token payments. I stopped paying them in October 2010 and also CCA'd them and to date have not heard anything from them since. I'm tempting fate now though

[MrsD]

Re: Jet Set Willy's UE Diary

Morning Jet Set

Welcome to the forums!
Ok i gather that your A&L is unenforceable and is admitted to be unenforceable by MBNA?
that's absolutely fine, I hope you have the letter they sent, I'd like you to keep that very close to your body!
Don't bother argueing with them, they have admitted it is UE and that's all you really need. They will register defaults, report to the CRAs and pester you but we have a couple of letters on here for those circumstances.
The main point is they will not enforce in a court and if that is in the letter, that's A&L sorted.
Kays, why is it deemed UE?
Niddy is on his holibags for a wee time and he likes to look over agreements to get the full picture, so you could send him the agreement for the moment and he'll have a look when he returns. Meanwhile, I would send the sold in dispute letter from the templates to the DCA who are dealing for the moment.
You've made a great start with the A& L so well done!!

[jet set willy]

Re: Jet Set Willy's UE Diary

Hi folks, thanks for the replies.

I say the kays one is UE because i opened the account in 1999 but they sent me an agreement from 2007 with a signature on it which isnt my handwriting and has my current address (it was different when i opened the account). Is my line of thinking correct? And that came with a copy of the current terms and conditions which are from a stock printout not related to me at all and certainly not from 1999!
I should hafve said that the letter KAYS sent me said that they sent me a copy of the original agreement at the time of opening the account. Cheeky monkeys, if i had my own i wouldnt have sent them a pound requesting a copy lol.
I have tried to negotiate payment but they want stupid amounts i cant afford so this is where i am at with them.

As for A&L/MBNA i will just sit tight, i have decided to talk to them no more until its passed to a DCA and defaulted.

Thanks for looking and its lovely to meet you all.

[Never-In-Doubt]

Re: Jet Set Willy's UE Diary

Hi & Welcome,

Just a quicky before I jet off

MBNA - as you have the letter confirming no agreement, keep it safe and if anyone writes to you about this, send a copy of that letter with one of these - sorted ---> CCA Query - Letter Previously Confirming No CCA

Kays - very unlikely to be enforceable so if anyone hassles you, just post details here and don't worry - it is rare that people signed agreements as back then, they'd send goods then send an agreement maybe a month or two later and they never insisted that you returned it - so most people never!

Not much will happen in the next couple of weeks so don't worry, just let us know when you get the Kays CCA - i'll check over it and take it from there

[MrsD]

Re: Jet Set Willy's UE Diary

OK

I would sent Kays the "missing prescribed terms " letter, and see what they come back with. Sounds as if they haven't got anything and are just indulging in muppetry! You'll find all the letters in the templates section, remember to fill in the blanks and sign digitally. Send recorded and keep the receipt. Sounds as if you have a filing system in place, if not you need to have one!
Good luck

[MrsD]

Re: Jet Set Willy's UE Diary

Hi & Welcome,

Just a quicky before I jet off

MBNA - as you have the letter confirming no agreement, keep it safe and if anyone writes to you about this, send a copy of that letter with one of these - sorted ---> CCA Query - Letter Previously Confirming No CCA

Kays - very unlikely to be enforceable so if anyone hassles you, just post details here and don't worry - it is rare that people signed agreements as back then, they'd send goods then send an agreement maybe a month or two later and they never insisted that you returned it - so most people never!

Not much will happen in the next couple of weeks so don't worry, just let us know when you get the Kays CCA - i'll check over it and take it from there

bloody hell Boss, thought you were airborne!!!

OK jet Set, ignore me, follow the boss's advice!!!

[Never-In-Doubt]

Re: Jet Set Willy's UE Diary

Hi folks, thanks for the replies.

I say the kays one is UE because i opened the account in 1999 but they sent me an agreement from 2007 with a signature on it which isnt my handwriting and has my current address (it was different when i opened the account). Is my line of thinking correct? And that came with a copy of the current terms and conditions which are from a stock printout not related to me at all and certainly not from 1999!
I should hafve said that the letter KAYS sent me said that they sent me a copy of the original agreement at the time of opening the account. Cheeky monkeys, if i had my own i wouldnt have sent them a pound requesting a copy lol.
I have tried to negotiate payment but they want stupid amounts i cant afford so this is where i am at with them.

As for A&L/MBNA i will just sit tight, i have decided to talk to them no more until its passed to a DCA and defaulted.

Thanks for looking and its lovely to meet you all.

In light of this post, ignore them now - just don't waste your time responding.....

It'll explain on the cover letter that it is a recon - which is what it clearly is, so don't worry about responding right now.

[Never-In-Doubt]

Re: Jet Set Willy's UE Diary

bloody hell Boss, thought you were airborne!!!

OK jet Set, ignore me, follow the boss's advice!!!

Going tonight - just a quick update before I go.....

Usually yea, you'd send the template you pointed out so you're not wrong, however as its clearly a recon/fraud there's no need. Just sit on it and see what they say when they write with threats, then if necessary i'll do a Niddy Special and get rid of them once and for all. Catalogues are easier to fight cos of the way they gave accounts to every tom-dick & harry!

[jet set willy]

Re: Jet Set Willy's UE Diary

Thanks to everyone for their input.

Evenlessdopey: I never ignore anyone lol, i love people commit their time to input

You really should be enjoying your holiday time though Niddy!

[Never-In-Doubt]

Re: Jet Set Willy's UE Diary

You really should be enjoying your holiday time though Niddy!

Cheers - am done now, will be logging off soon....

[jet set willy]

Re: Jet Set Willy's UE Diary

hello folks, only a small update as its all quiet lately.

Had a letter from NDR (shop directs debt arm) last week telling me that seeing as i hadnt been in touch to make repayment arrangements their client will default me in 14 days.

Just for the hell of it, i phoned up NDR. I know the rules but i was at a loose end. Anyway, crux of conversation was that she confirmed that my account was opened waaaaay back in 1999 and couldnt understand why i would have a version with a more recent date. Also, she couldnt see much on her screen as they were only acting on behalf of shop direct but it was nice of her to confirm i was right about the date the account was really opened. She still refused my offer of 25 quid a month and said the minimum they could accept was 135. But when i told her a letter of complaint was going off regarding the cca, payment refusal etc she said she understood and said she would place the account on hold while i awaited a reply from SD. But she couldnt stop the fees continuing lol.
Then gave me the spiel about i could get taken to court to which i replied that they had better come up with the correct cca then.

Oh, and she said they could turn the debt into a loan at 39.9% apr. Jokers. I bet they would love a shiny new agreement wouldnt they!

Now, i am happy to ignore this bunch of clowns but do worry that when it goes to a DCA that they might see this 'agreement' from 2007 and use it to take me to court. Obviously the aim of the game is to avoid court.

So anyway, i am about to send a letter of complaint but think it is now best to ignore them and let the default occur. Just want to make sure there isnt something i should be doing really.

Thanks for listening :-)

[Never-In-Doubt]

Re: Jet Set Willy's UE Diary

hello folks, only a small update as its all quiet lately.

Had a letter from NDR (shop directs debt arm) last week telling me that seeing as i hadnt been in touch to make repayment arrangements their client will default me in 14 days.

Just for the hell of it, i phoned up NDR. I know the rules but i was at a loose end. Anyway, crux of conversation was that she confirmed that my account was opened waaaaay back in 1999 and couldnt understand why i would have a version with a more recent date. Also, she couldnt see much on her screen as they were only acting on behalf of shop direct but it was nice of her to confirm i was right about the date the account was really opened. She still refused my offer of 25 quid a month and said the minimum they could accept was 135. But when i told her a letter of complaint was going off regarding the cca, payment refusal etc she said she understood and said she would place the account on hold while i awaited a reply from SD. But she couldnt stop the fees continuing lol.
Then gave me the spiel about i could get taken to court to which i replied that they had better come up with the correct cca then.

Oh, and she said they could turn the debt into a loan at 39.9% apr. Jokers. I bet they would love a shiny new agreement wouldnt they!

Now, i am happy to ignore this bunch of clowns but do worry that when it goes to a DCA that they might see this 'agreement' from 2007 and use it to take me to court. Obviously the aim of the game is to avoid court.

So anyway, i am about to send a letter of complaint but think it is now best to ignore them and let the default occur. Just want to make sure there isnt something i should be doing really.

Thanks for listening :-)

I'd be ignoring them period - they willo not take you to court, certainly not reliant on a recon with what will appear to be defective default(s) as well. When did you last pay this?

As for complaining, that won't do much cos they can (after Carey) create and use a recon, so long as they tell you they've done as much.

[jet set willy]

Re: Jet Set Willy's UE Diary

They last had any sort of payment (60 quid) at the end of november. Although the account is in my name the missus always used it for herself and i never had anything to do with it.

As for the cca they sent, this is my quandary. They have sent something from 2007 which is signed but not in my handwriting. I opened the account in 1999. totally baffling!

[Never-In-Doubt]

Re: Jet Set Willy's UE Diary

They last had any sort of payment (60 quid) at the end of november. Although the account is in my name the missus always used it for herself and i never had anything to do with it.

How much is the debt? roughly...

As for the cca they sent, this is my quandary. They have sent something from 2007 which is signed but not in my handwriting. I opened the account in 1999. totally baffling!

I know, thus i'm trying to establish if it was a recon or whether it was like someone elses agreement totally? If it was a recon, this is perfectly acceptable so long as the cover letter says "find attached a reconstituted copy...."