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  • Spector UE Diary

    Background


    I have had severe financial problems since 2002/3 as a result first of being made redundant and then being swindled in business. Stress and health problems have exacerbated the situation.

    I was left with lots of debt including a number of credit cards with high balances.

    I entered into private arrangements to pay back nominal sums to each of them, which continued until quite recently.

    I currently have two credit card debts.

    In 2013 I offered RBS a full and final settlement of my RBS Advanta (Mint) credit card (20% of the outstanding amount – my family wanted to help me out because they were worried that the stress was affecting my health).

    RBS messed me about for a while but eventually declined the offer.

    I repeated the offer at the end of 2015 but they ignored my letter.

    Earlier this month I sent off CCA and SAR letters to RBS. Today, I received the credit agreement back which is why I’ve started this thread.

    I have to be honest and say that if the credit agreement is unenforceable I am not sure what I want to do.

    If it twisted their arm to accept the full and final offer I’d be pleased to see an end to it all but I don’t know how fair this would be on my family who would have to find the money – none of them are well off.

    In addition I have a Lloyds TSB Trustcard account that was sold to Cabot in 2012. I submitted a CCA request in August 2013 but have received nothing back from Cabot other than an acknowledgement. I carried on paying Lloyds £7 pm until Sept 2014 but have now stopped those payments. I haven’t heard anything from Cabot and have no intention of reawakening them.

    So I am sort of tentatively setting off on the unenforceable trail without really knowing where it will lead.

  • #2
    Re: Spector UE Diary

    Account 1

    RBS Advanta (Mint)


    Type of account: Visa Credit Card
    Date commenced: March 2000
    Approx balance: 9,600
    Date last FULL payment: approx early/mid-2003
    Current arrangement: £7 per month
    Status: Default registered Feb 2004
    Account owner: RBS




    May 2016: submitted CCA request
    May 2016: copy of application / credit agreement received from RBS

    Comment


    • #3
      Re: Spector UE Diary

      Account 2

      Trustcard (Cabot)


      Type of account: Visa Credit Card
      Date commenced: March 1996
      Approx balance: 9,600
      Date last FULL payment: approx early/mid-2003
      Current arrangement: £7 per month (ceased September 2014)
      Status: Default registered Oct 2010
      Account owner: Cabot




      August 2013: submitted CCA request

      Comment


      • #4
        Re: Spector UE Diary

        Welcome to AAD diaries
        to start with I think I would email a totally unedited copy of the CCA that you received to Niddy and see what he says about it.
        Hopefully it will lead to a long time of not hearing anything!
        When you have nothing you have nothing to lose

        Comment


        • #5
          Re: Spector UE Diary

          Thank you Susie

          I have uploaded an unedited copy of the CCA using the forum uploader form. Should I have emailed Niddy instead?

          Comment


          • #6
            Re: Spector UE Diary

            Hi and welcome
            You need to send a copy of the CCa you received to never in doubt at this link webmaster@all-about-debt.co.uk

            Please put your user name and if possable a link to this thread in the subject heading, please don't edit anything out AAD are DPA regulated and only Niddy will see it

            we also had a TSB card they have admitted that they don't have any paperwork for it as it is so old. most probably the same with yours

            NW xx

            PS>it can sometimes take a while for him to check when you upload it to the site
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: Spector UE Diary

              Hi there yep send to Niddy totally unedited don't worry it's perfectly secure only Niddy will see it .xx

              Put your user name in the title so he knows x
              if you do it today and you like it you can always do it again tomorrow


              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #8
                Re: Spector UE Diary

                I can see that you have been on the site for a few years and are now considering going UE. Just remember to update this thread with any communications so that we can make sure you don't commit yourself to anything.
                We have a CCA checking system through Niddy. If you want them checked send them without anything blocked out to webmaster@all-about-debt.co.uk with your name in the subject line and a link to this thread.
                If you read through the UE diaries you will see that a few members are now reaching their 6 years (or 5 in Scotland) of no communication or payment and their debts are becoming Statute Barred.
                Good luck and keep posting.

                Oops my son's FaceTime call means that my post has now come after several others!
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  Re: Spector UE Diary

                  Thank you everyone for being so helpful.

                  I have now sent the credit agreement to Niddy using the email address you gave me.

                  Comment


                  • #10
                    Re: Spector UE Diary

                    Originally posted by nightwatch View Post
                    Hi and welcome
                    You need to send a copy of the CCa you received to never in doubt at this link webmaster@all-about-debt.co.uk

                    Please put your user name and if possable a link to this thread in the subject heading, please don't edit anything out AAD are DPA regulated and only Niddy will see it

                    we also had a TSB card they have admitted that they don't have any paperwork for it as it is so old. most probably the same with yours
                    NW xx

                    PS>it can sometimes take a while for him to check when you upload it to the site
                    Yes, Nightwatch, that is our experience as well.
                    Legal Disclaimer
                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    If you need to contact me you can send me a message by clicking my username or by emailing me at gerry@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. If you spot an abusive or libellous post then please report it by Clicking Here.

                    Comment


                    • #11
                      Re: Spector UE Diary

                      Originally posted by Spector View Post
                      Thank you everyone for being so helpful.

                      I have now sent the credit agreement to Niddy using the email address you gave me.
                      If you were sent default notices by the creditors, it would be helpful to also see those to Niddy
                      Legal Disclaimer
                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      If you need to contact me you can send me a message by clicking my username or by emailing me at gerry@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. If you spot an abusive or libellous post then please report it by Clicking Here.

                      Comment


                      • #12
                        Re: Spector UE Diary

                        Originally posted by Spector View Post
                        Account 1

                        RBS Advanta (Mint)


                        Type of account: Visa Credit Card
                        Date commenced: March 2000
                        Approx balance: 9,600
                        Date last FULL payment: approx early/mid-2003
                        Current arrangement: £7 per month
                        Status: Default registered Feb 2004
                        Account owner: RBS




                        May 2016: submitted CCA request
                        May 2016: copy of application / credit agreement received from RBS
                        This is currently unenforceable. I understand you want a definitive reason(s) as to why (in our email chats) and as stated, primarily they're in default of your s.78 request because they've not complied. Yes they sent a copy agreement and some PT's but they haven't sent the actual terms from inception nor have they sent current terms. Sure, it's likely to be easy to remedy but unless we get the full terms as at inception (or a recon) then they're in default.

                        As Gerry suggests above, there's more to it than just the CCA. We can defend on default / assignment / etc as well.

                        Regards what to do now - well, that's entirely your choice. Others cease payments & save the money they'd be paying back in case it turns out to be enforceable by remedy at a later date thus allowing a cheeky F&F offer to settle via a dca. You'll find they're more likely to accept a cheeky offer (10-25%) once it's in severe default status - ie no payments / contact for XX years (usually 2-3 years)!

                        Best case - you stay off the radar for 6 years and let it go Statute Barred or they admit it's UE and agree not to pursue you. That's unlikely so it's a case of playing poker. Read the UE guides & other diaries to see how it works best.

                        Worse case scenario - they issue a claim. From there we help you defend it or help you settle it. Either way there's light at the end of the tunnel and no matter what, in 6 years you'll have a clean credit file to work with.

                        So if it was me in your situation, I'd not respond but I'd certainly cease any payments and not talk to anyone on the phone (dca etc).
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Spector UE Diary

                          Thank you Gerry Jemitus

                          I know I have the RBS default notice somewhere but I would struggle to put my hands on it straight away.

                          Comment


                          • #14
                            Re: Spector UE Diary

                            Thank you Niddy

                            I'm really sorry, I have completely misunderstood what I should have given you. I just sent the credit agreement with dubious back page.

                            I didn't realise that you needed the separate terms and conditions.

                            I have now sent you the reply letter and the terms and conditions from when the account was opened and also the latest t&cs (I think).

                            These were all supplied in response to my CCA request.
                            Last edited by Spector; 1 June 2016, 01:33. Reason: Just added the final papagraph

                            Comment


                            • #15
                              Re: Spector UE Diary

                              Good luck x
                              if you do it today and you like it you can always do it again tomorrow


                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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