Spector UE Diary

[Spector]

Re: Spector UE Diary

Thank you Joanna.

I'll keep searching for the DN but it may take some considerable time to unearth it.

I'm also waiting for the paperwork from my SAR request. Not sure if they will include a copy of the Default Notice in the package?

[Joanna Connolly]

Re: Spector UE Diary

No they wouldn't be able to re-register it at the CRA - you can only be defaulted once on the same debt (mind you I have known some debt purchasers try) but in your case they wouldn't get away with because Niddy would see them off for you!

[Spector]

Re: Spector UE Diary

Also, I am struggling to find the Default Notice. I don't throw papers away so I must have it but it could be buried in papers we have stored elsewhere with other family stuff.

At the moment this account does not appear on my credit file because the default was registered in 2004.

If it wasn't served or worded correctly does that just mean that they would issue another (correct) one and register it again - meaning that the account would reappear on credit reference agency files for another 6 years?

[Spector]

Re: Spector UE Diary

Thank you Niddy.

That is a huge blow.

By blagging it, I guess you mean cease payments and avoid contact?

I'm not sure I can cope with the stress of that but then again it looks like there are no stress free options.

[Never-In-Doubt]

Re: Spector UE Diary

Well it's enforceable. They've supplied all the correct docs.

You're probably best blagging it and saving for a year or two before making an offer to settle

[Spector]

Re: Spector UE Diary

Thank you Nanna58

[nanna58]

Re: Spector UE Diary

Good luck x

[Spector]

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.

[Spector]

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.

[Never-In-Doubt]

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

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).

[Gerry Jemitus]

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.

If you were sent default notices by the creditors, it would be helpful to also see those to Niddy

[Gerry Jemitus]

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

Yes, Nightwatch, that is our experience as well.

[Spector]

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.

[cymruambyth]

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!

[nanna58]

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