HappyNoMoney's UE Diary

[HappyNoMoney]

I thought I'd jump straight in as a newbie with a diary of my own, even though the urge to spill the whole sorry saga is strong.

I've been reading the forum solidly for a couple of days. Words cannot describe my relief at finding a forum like this, I think that what you are doing is exactly what the "big society" should be about. I hope you can help me, but judging by the help all of you have provided to others in need, I can thank you for that right now!

My Camel's back broke when I realised I was dealing with 4 agencies, but only 3 debts...

I sent out CCAs on the basis of information from a debt advice leaflet. So I used the wording as part of a wider letter that I then signed with a pen. I get the feeling I shouldn't have done that.... I expect I shouldn't have asked for the £1 to be added to whatever debt I was dealing with, but I could just about scratch enough together for the registered post.

Anyway - enough saga

Lloyds TSB Current Account.
Opened: 1992
Balance - £2739.99
Last full payment on an arrangement Nov 2010
Current Status - in default
Debt With - Moorcroft Debt Recovery (And BLS Collections)

04 FEB 2011 SENT --> this letter <--(CCA request + guff + request for £1 a month agreement & paying in book [wish I had seen this forum first ...] )

20 FEB 2011 RECEIVED a letter from moorcroft (undated, unsigned) stating "our client is currently unable to provide a copy of the agreement relating to this account …… our client's position … remains that the balance of your account remains due …… account on hold for 14 days and request you make contact etc" Also cites McGuffick v RBOS.


12 MAR 2011 RECEIVED a signed and dated letter from Midas Legal Services (moorcrofts legal arm) : "LITIGATION WARNING" stating I "must contact Moorcroft at the following address …… Failure to contact Moorcroft by 15/04/11 may result in the issue(sic) of legal procedings without further notice."

(no reply from BLS)

[HappyNoMoney]

Re: HappyNoMoney's UE Diary

Lloyds TSB Loan Account
Opened - 2002/3? Not Later than 2005
Balance - 9754.86
Last full payment on agreement - Late 2010
Current Status - in default
Debt with - Apex Credit Management


04 FEB 2011 - sent the same letter.

07 FEB 2011 - received reply stating "we can confirm that we have referred this account to Lloyds TSB Bank for clarification … confirm we have placed your account on hold and you will not receive any further contact from us until we have received the requested documents to forward to yourself(sic). As soon as we have a response from Lloyds TSB we will be in contact again"

22 MAR 2011 RECEIVED letter from Apex (signed Mr Mound). "...has requested we contact you to arrange payment of the full outstanding balance.

If you are unable to pay in full... call us. Our staff are fully trained etc. To prevent this matter escalating unecessarily please contact our office etc."

[HappyNoMoney]

Re: HappyNoMoney's UE Diary

Lloyds TSB Credit Card
Account Opened - no Idea, but deffo pre 2007, 2001 more like.
Balance - 1580.43
Last payment - Unknown, late 2010
Current Status - in Default
Debt With - Iqor Recovery Services.

04 FEB 2011 SENT the same letter as above

As of today (13.04.11) no reply.

01 APR 2011 RECEIVED
A nice letter from IQOR who have provided some statements as request, but no evidence or mention of the credit agreement anywhere.

[oscar]

Re: HappyNoMoney's UE Diary

Hi Happy and welcome aboard.

The absolute experts are not here at present, but did not want to read and run.

Ok, with regards to your first account the bank account, you need to forget about unenforceability. Bank accounts are exempt from CCA.

The loan account is something of a result already. They have said the wont contact you until the information is found, and knowing what banks are like, it probably wont!

The credit card - if this is before 2007, which you seem sure of, you need to wait on their response now - but dont chase them on it! You need to let them make the mistakes!

You are correct above and that you should not have signed the letters!! - creditors have ben known to use these signatures to "make" agreements.

EDIT - just re-read this, and it does appear a bit blunt! Apologies for this, it is a bit late in the day for me!!

[HappyNoMoney]

Re: HappyNoMoney's UE Diary

It's not blunt it's succinct!

Terse, at worst.

Thank you for the encouraging advice. Weird that Moorcroft have seen fit to quote chapter and verse on CCA yet my account is exempt from unenforceability.

I will have to deal with them somehow. They have not acknowledged my offer of a £1 token payment for 6 months.

I guess they have no idea that the debt is from a current account overdraft.

[Elsie52]

Re: HappyNoMoney's UE Diary

Lloyds TSB Current Account.
Opened: 1992
Balance - £2739.99
Last full payment on an arrangement Nov 2010
Current Status - in default
Debt With - Moorcroft Debt Recovery (And BLS Collections)

04 FEB 2011 SENT --> this letter <--(CCA request + guff + request for £1 a month agreement & paying in book [wish I had seen this forum first ...] )

20 FEB 2011 RECEIVED a letter from moorcroft (undated, unsigned) stating "our client is currently unable to provide a copy of the agreement relating to this account …… our client's position … remains that the balance of your account remains due …… account on hold for 14 days and request you make contact etc" Also cites McGuffick v RBOS.


12 MAR 2011 RECEIVED a signed and dated letter from Midas Legal Services (moorcrofts legal arm) : "LITIGATION WARNING" stating I "must contact Moorcroft at the following address …… Failure to contact Moorcroft by 15/04/11 may result in the issue(sic) of legal procedings without further notice."

(no reply from BLS)

Hi,

As Oscar says you cannor request a CCA on a current account. Probably the only thing you can do on this one is try to claim back charges, and arrange to pay it back. I am not sure if there is anything else that you can do with it, but I am sure someone will put us right.

[Elsie52]

Re: HappyNoMoney's UE Diary

Lloyds TSB Loan Account
Opened - 2002/3? Not Later than 2005
Balance - 9754.86
Last full payment on agreement - Late 2010
Current Status - in default
Debt with - Apex Credit Management


04 FEB 2011 - sent the same letter.

07 FEB 2011 - received reply stating "we can confirm that we have referred this account to Lloyds TSB Bank for clarification … confirm we have placed your account on hold and you will not receive any further contact from us until we have received the requested documents to forward to yourself(sic). As soon as we have a response from Lloyds TSB we will be in contact again"

Hi,

This is in default until such time as you receive a compliant CCA. Do not chase them, let them do the work. Post back on here when you get further correspondence from anywhere.

[Elsie52]

Re: HappyNoMoney's UE Diary

Lloyds TSB Credit Card
Account Opened - no Idea, but deffo pre 2007, 2001 more like.
Balance - 1580.43
Last payment - Unknown, late 2010
Current Status - in Default
Debt With - Iqor Recovery Services.

04 FEB 2011 SENT the same letter as above

As of today (13.04.11) no reply.

The same goes for this one too. Wait and see what happens next.

[Elsie52]

Re: HappyNoMoney's UE Diary

Glad to see that you have found us, and we are more than happy to help you. Niddy, our govenor, is on holiday for the next 2 weeks, but hopefully we can help you, or as Niddy always says 'Nothing is that important that it can't wait a week or two'. Don't panic, and don't worry, you are in good company here. I have a CC with LTSB, which is UE and I have been on the UE route for almost 1 year now, and it does get easier.

Whenever you get a letter, just let us know and we will take it from there.

Elsie

[oscar]

Re: HappyNoMoney's UE Diary

Hi Happy,

Just to follow on from Elsie, I too am going going UE with a couple of cards, one for just over 12 months, funnily enough now with Moorcroft, who know very little from the letters they keep sending me.

The other has been going on for three years!! - They (Lowells) have now confirmed that they will not contatc me until a credit agreement turns up - whihc is pretty much as good as admitting its unenforceable.

[HappyNoMoney]

Re: HappyNoMoney's UE Diary

Hi,

As Oscar says you cannor request a CCA on a current account. Probably the only thing you can do on this one is try to claim back charges, and arrange to pay it back. I am not sure if there is anything else that you can do with it, but I am sure someone will put us right.

I phoned Moorcroft in high dudgeon this morning and asked them to respond to the offer of a token payment for 6 months that I made in my original letter properly & in writing. None of their correspondence has mentioned it.

[Deepie]

Re: HappyNoMoney's UE Diary

I phoned Moorcroft in high dudgeon this morning and asked them to respond to the offer of a token payment for 6 months that I made in my original letter properly & in writing. None of their correspondence has mentioned it.

I think niddy says, with current accounts you ignore them or arrange to re pay them nothing much you can do

[Slickfm]

Re: HappyNoMoney's UE Diary

I phoned Moorcroft in high dudgeon this morning and asked them to respond to the offer of a token payment for 6 months that I made in my original letter properly & in writing. None of their correspondence has mentioned it.

Welcome on board the unenforcability train, I have been on this for nearly 12 months now and as people have said it does get easier as it goes along, so

Just to add, our leader Niddy always states never to contact any creditor or DCA by phone, in writing only

[HappyNoMoney]

Re: HappyNoMoney's UE Diary

Contact in writing only. Check! Thanks for the advice.

[HappyNoMoney]

Re: HappyNoMoney's UE Diary

updated this one - http://forums.all-about-debt.co.uk/s...67&postcount=2