UE Diary of Susieblings Daughter

[Susiebling365]

Re: UE Diary of Susieblings Daughter

Thanks Pixie... what "bothered me a bit was this, that the Lloyds person put in their letter.
Regulation 3 (2)(B) provides that a copy can omit any signature box , signature or date of signature. In summary we are not required to produce a copy with the primary cardholders signature on it.

I don t understand that bit, The agreement page that Niddy states, sort of looked like something was missing... and surely there should be something to indicate she signed and agreed to the terms albeit in the future , being as she took the thing out in 1998 there abouts? Being as I argued over something that hinged on my signature, surely its an important part?

I think this was what was throwing me, that they could issue something dated 2011 with no signature to agree it. like she only just took it out.

Sorry , I just need to understand, and I am doing my homework reading the stickies, ( several times to get them to sink in )

[Never-In-Doubt]

Re: UE Diary of Susieblings Daughter

Thanks Pixie... what "bothered me a bit was this, that the Lloyds person put in their letter.
Regulation 3 (2)(B) provides that a copy can omit any signature box , signature or date of signature. In summary we are not required to produce a copy with the primary cardholders signature on it.

Thats correct but they must still prove that you had full sight of the prescribed terms (4 corners) so by omitting the signed application - if they issue a claim it's generally easier to defend. In essence they're (correctly) saying they can send a recon. But there's more to it than that.

I don t understand that bit, The agreement page that Niddy states, sort of looked like something was missing... and surely there should be something to indicate she signed and agreed to the terms albeit in the future , being as she took the thing out in 1998 there abouts? Being as I argued over something that hinged on my signature, surely its an important part?

Presumably I've picked up that there's no signed page - it can be remedied if they find it but until they do they're in a pickle as it's unenforceable and should a claim be issued you'd have a good argument on your hands to defend it.

I think this was what was throwing me, that they could issue something dated 2011 with no signature to agree it. like she only just took it out.

They sent terms from 2011 & some older random ones which is why I'm saying above, they're in a pickle, because how can they prove they're the right terms that were issued at inception when they've not even supplied an agreement? Plus by omitting to satisfy your s.78 request they are in default & *shouldn't* enforce it.

Sorry , I just need to understand, and I am doing my homework reading the stickies, ( several times to get them to sink in )

Dont over think. Just go with the flow

[Susiebling365]

Re: UE Diary of Susieblings Daughter

"Dont over think. Just go with the flow "

Thanks so much Niddy ... I m afraid I do overthink but I also like to understand especially as I am supporting my daughter and she has taken a big step here to get her life back , plus a mucky divorce at the moment. But that has cleared some of the fog for me, I appreciate the explanation, legal speak is another language to me.


I think some breadmaking today and granny duty, far simpler .

[Susiebling365]

Re: UE Diary of Susieblings Daughter

Hi all

We have nt left lol ( as if I could ) , but nothing has notably occurred to date apart from a few reminders, hope I m not jinxing things, been dealing with the financial settlement which turned out ok. She was awarded the house, so life taking a turn for the better it seems.

[Susiebling365]

Re: UE Diary of Susieblings Daughter

Co operative Bank

Type : Credit Card
Date Started : 4th September 1997
Approx Balance :£4301.58 as at Dec 2016
Date last paid : January 2016. (full payment)
Arrangement: paying regularly up until now
Minimum payments and to date are being paid each month
Account still with Co operative Bank
January 16: Sent a copy of the agreement to Niddy and although its not a good copy regarding this as

February 17 Stopped the DD after much deliberation, and the need to take back control.
May 3rd 17 Received Default notice, dated 18th April 17



Update

My Daughter received this default letter today. Albeit dated 18th April . Can you give us some advice please, as this is the one that Niddy deemed enforceable,( though a terrible copy.)

She has stopped payments, and from a mum s point of view is doing so well now, as she has paid a lot of her solicitor loan off, and the divorce is all finished with except for the final signatures. We can concetrate now on sorting these debts and getting back on track.

So what should we do with this do you think?

[JLC]

Re: UE Diary of Susieblings Daughter

I think it's just standard. I would just wait to see what they do next.

[Susiebling365]

Re: UE Diary of Susieblings Daughter

Thanks JLC ......


I am a bit in the dark about default notices... I think this one worried her a bit being as its "enforceable", wasn t sure what to say, I think this is the point they stop interest? Is that right? But apart from that , wait for them to write again? ....What would that be do you think?

Sorry to pester but she sits here asking me these questions lol.....

[cymruambyth]

Re: UE Diary of Susieblings Daughter

Hi Susie, no need to worry about this as it is just a standard letter. Keep it and the envelope that it came in safe, maybe make a note on the date that it was delivered

Don't do anything as I'm sure you will be hearing from them again!

[JLC]

Re: UE Diary of Susieblings Daughter

Thanks JLC ......


I am a bit in the dark about default notices... I think this one worried her a bit being as its "enforceable", wasn t sure what to say, I think this is the point they stop interest? Is that right? But apart from that , wait for them to write again? ....What would that be do you think?

Sorry to pester but she sits here asking me these questions lol.....

they may sell it on, but all charges should stop.

[Susiebling365]

Hi, I' ve just popped in to let you know we are still here. Nothing (touching wood) major has occurred yet regarding the debts. Just a couple of the reminder type letters. She has a new phone number so that has stopped that communication. House now been awarded to her just waiting for the paperwork, so things are looking better. Its so uplifting when you get control back isn t it?

Just looking around the new layout , and looking good though took me a while to find this personal post , but I landed.

I ll go investigate further .....S

[Joanna Connolly Solicitors]

Its so uplifting when you get control back isn t it?

Yes it certainly is

Di

[cymruambyth]

Susie it should say in red that I deleted the last post because your daughter's details were on the DN, so I am deleting this post as well!

[Susiebling365]

oh thanks Cym.....apologies then , i honestly didn t see either but I am operating on one eye at the moment this Bells palsy is so inconvenient !! lol

I ll go back and look it over then repost, if thats ok, things are getting better for her now so need keep on top of this part,and I am not too sure on these letters, and unenforceable do dahs !!

Back in a bit

[Susiebling365]

Re: UE Diary of Susieblings Daughter

Cahoot / Santander


Type ; Credit card
Date started : not sure as not received agreement , definitely pre 2007 probably 1990s
Approx Balance £7826.38
Date last paid: January 2017.
Payments: Being paid each month on minimum amount due.
Status: is up to date
Account: with OC Cahoot

January 2017 sent for CCA and just received a letter and email (copy on other thread) no agreement . In default of CCA request
January 2017: stopped the DD.

July 2017 Default notice received, posting to ask what to do next

Ok fingers crossed, gone back to the beginning to what I know best

I just want to ask about this letter we received as we seem to get letters threatening more letters on default, and I m not sure on this. If it is a genuine default, what do I do next ?

Cahoot have sent nothing really that even resembles an agreement, we have done the CCA thing but all she has had are reminders threats and statements. There is a current account attached to this, which, she has tried to close. There is a £100 owing they say on this but whenever she tried to pay this off, it just went back to her current bank now....Those letters tend to come from Santander which I believe owns the online Cahoot. So for now we have left that one.

So here goes trying to upload another edited copy. ....

I did use an app to edit pdf. but obviously not right for here.....

[Susiebling365]

Re: UE Diary of Susieblings Daughter

Cahoot / Santander


Type ; Credit card
Date started : not sure as not received agreement , definitely pre 2007 probably 1990s
Approx Balance £7826.38
Date last paid: January 2017.
Payments: Being paid each month on minimum amount due.
Status: is up to date
Account: with OC Cahoot

January 2017 sent for CCA and just received a letter and email (copy on other thread) no agreement . In default of CCA request
January 2017: stopped the DD.

July 2017 Default notice received, posting to ask what to do next....Reading around the forum and asking , did get a reply on AAD+ to just leave this letter be, and so decided to wait for something more definite. Seems default notices are just an end to an agreement with the borrower? And , in this particular case we have yet not received any form of agreement from Cahoot, so

Just updated, and would like to thank Roger for putting my mind at ease.... forward and onward.... cheers