Charlee UE Diary

[Charlee]

Re: Charlee UE Diary

Hi JLC - thank you for your response and support. I uploaded the agreement in the required way but also emailed It to Niddy and still awaiting a response. I know he may be busy and I really appreciate the help I've received from him and others so far. Trying not to worry but easier said than done so thanks again for your support.

[JLC]

Re: Charlee UE Diary

Hi Charlee

did you email the agreement to niddy?

I am in a similar position to you. My only income is carers allowance. I also own my home with my husband. Dealing with moorcroft is easier than dealing with Halifax.

I would wait and see what you get next and post here. Don't let it worry you.

[Charlee]

Re: Charlee UE Diary

I uploaded the complete Halifax agreement a few weeks ago but haven't heard whether it is enforceable or not. Today I received a letter from Halifax saying that the debt has been passed to debt collector Moorcroft. What should I do next?

I'm feeling very anxious as I've never had to deal with a debt collector. I have no income and depend entirely on my husband for everything but he too has had to stop paying debts as we were living entirely off credit cards. At the time my credit cards were issued I was not working and had no source of income so does this have any impact? Any help and advice greatly appreciated.

[Charlee]

Re: Charlee UE Diary

Hi Everyone - could anybody advise whether having our own house with mortgage has any effect please?

[Charlee]

Re: Charlee UE Diary

Hi Pixie, thanks for this. We do have our own house with mortgage so does this affect things? I still feel that I was slightly pushed into accepting this card, though at the end of the day it was my decision. But, at the time, I had no source of income and still don't yet mbna were happy to go ahead. They never asked for evidence of income and I couldn't have provided it anyway. I guess that was how banks operated and they couldn't do it now without proof of ability to repay.

[Pixie]

Re: Charlee UE Diary

I'm in agreement with Spud, just ignore that letter for now and let us know when they write to you again. If those cards are in your sole name they certainly shouldn't even be asking for your OH's I & E!! Like Spud says, you're under no obligation to provide I&Es except where requested by a court but they can sometimes help.

It is possible to blag enforceable accounts. I did with two (though pre2007) and they are now both SB.

Do you own your own home or do you rent?

[Spud]

Re: Charlee UE Diary

Just because it most likely is enforceable and is a more recent debt (2009) it doesn't mean that all is lost and you give in.....Not by a long way.....There are several other things that could help you case should you ever need to fight this. It is also quite a low balance so that can only be in your favour.

If it were me, For now to give you a little breathing space I would just ignore their letter and see what they send next

You are under no obligation to supply them with your income and expenditure details or those of your partner etc. Neither should you supply these unless you have taken advice first and are making a settlement of some kind ( Where a low income etc would support your offer)

[Charlee]

Re: Charlee UE Diary

Sadly this is enforceable due to it being an exact copy of the agreement held.

Having survived what must be over 100 telephone calls and letters, I'm back to worrying about this and my other debts. I'm slightly less nervous about the others as they seem unenforceable as confirmed by Niddy.

I wrote to MBNA explaining that I have no source of income, being totally dependent on my husband for support. They never checked on my employment status or whether I had any source of income when offering me the credit card. I've never been in employment since shortly after getting married as I've worked hard to bring up 3 daughters and am now helping them with their own children by doing the school run and much more.

MBNA responded by requesting full details of my husband's income but he's reluctant to provide them with this as he is about to embark on his own UE Diary as we struggle to manage our household budget and debts are still mounting up.

Should I tell them again that I have no income or try to scrape enough together for a token monthly payment? Any advice would be greatly appreciated.

[Never-In-Doubt]

Re: Charlee UE Diary

HSBC Credit Card
Date commenced: Approx. pre 2007
Approx Balance £7000
Date last paid May 2016
Defaulted – not so far
Account owner HSBC

No request made for CCA and no contact as our bank account is with them. Have just opened a new basic bank account with another bank in advance of requesting CCA.

Who is the basic account with? Just make sure it's not Lloyds, Bank of Scotland, Halifax, 1st Direct, M&S Bank or Barclays as they could offset against your debts within the respective groups.

HSBC = M&S / 1st Direct
Halifax = BOS / Lloyds / Halifax
Barclays = Barclays

[Never-In-Doubt]

Re: Charlee UE Diary

Halifax Credit Card
Date commenced: Approx. pre 2007
Approx Balance £7900
Date last paid April 2016
Defaulted May 2016
Account owner Barclaycard

Halifax have admitted that they don't have a signed copy of the original but have supplied a reconstituted agreement.

unable to answer as its been redacted. We can't help if you redact pages.

[Never-In-Doubt]

Re: Charlee UE Diary

Barclaycard Credit Card
Date commenced: Approx. pre 2007 (probably)
Approx Balance £1068
Date last paid April 2016
Defaulted May 2016
Account owner Barclaycard

Requested CCA and they supplied a reconstituted agreement and have added interest. Telephoning 6 times per day but ignoring.

This looks unenforceable as they've only sent a recon agreement. It can be remedied if they sort their act out but we could argue default and assignment issues as well if necessary and applicable. Have you been served a default notice and if so was it sent by Mercers or Barclays?

[Never-In-Doubt]

Re: Charlee UE Diary

Barclaycard Credit Card
Date commenced: Approx. pre 2007
Approx Balance £12000
Date last paid April 2016
Defaulted May 2016
Account owner Barclaycard

Requested CCA and they supplied a reconstituted agreement and have added nearly £400 interest. Receiving automated telephone calls 6 times each day but I'm not responding to them.

This looks unenforceable as they've only sent a recon agreement. It can be remedied if they sort their act out but we could argue default and assignment issues as well if necessary and applicable. Have you been served a default notice and if so was it sent by Mercers or Barclays?

[Never-In-Doubt]

Re: Charlee UE Diary

MBNA Credit Card
Date commenced: Approx. 2009
Approx Balance £2940
Date last paid April 2016
Defaulted May 2016
Account owner MBNA

Requested CCA and they supplied a signed agreement showing that the card was taken out in 2009.

Sadly this is enforceable due to it being an exact copy of the agreement held.

[Charlee]

Re: Charlee UE Diary

Thank you and agreements now uploaded.

[cymruambyth]

Re: Charlee UE Diary

If you look at some of the other diaries you will see that people post in different coloured type to differentiate between letters received and sent etc.

-> http://forums.all-about-debt.co.uk/s...-Read-me-First!

Remember to send unedited copies of your CCAs to Niddy (webmaster @all-about-debt.co.uk) with a link to this thread and your name in the subject line. If is totally secure.