Spector UE Diary

[Spector]

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.

[Spector]

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

[Spector]

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

[Susie]

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!

[Spector]

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?

[nightwatch]

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

[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

[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!

[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.

[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.

[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

[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).

[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.

[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.

[nanna58]

Re: Spector UE Diary

Good luck x