UE Diary of Susieblings Daughter

[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!

[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.....

[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

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?

[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

"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 .

[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

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 )

[Pixie]

Re: UE Diary of Susieblings Daughter

Regarding the Co-op one: I'd just treat it as though it were UE. Let us know when you hear anything from them.

[Susiebling365]

Re: UE Diary of Susieblings Daughter

I explained in my email.

There is no signed agreement. Just recon terms. It's UE.

theyve not updated anything (??). They've sent recon terms from 2011.

I am reading through the stickies and anything else I think is relevant. The journey just starting so ..knowledge is power. I think its how the email read Niddy, especially after 2 wines , but Im beginning to get it now thanks. I just want to be sure how to proceed.Its a relief that two thirds are looking UE so I also need to know how to handle the Co op one that does n t seem to be.

Thanks for being here.....

[Never-In-Doubt]

Re: UE Diary of Susieblings Daughter

Thanks Niddy...I need to try and understand this UE a bit more The first reply sounded like it was enforceable because of the 2011 Terms they sent. But there is something missing so it is UE?

She took the card out in 1998, but companies can update the agreements? They have no signature for this , but does this matter?

I need to re explain to my daughter so have to be clear....Its given her such a lift to think we can do something about this, says she felt she was just stuck in a time warp before.

I explained in my email.

There is no signed agreement. Just recon terms. It's UE.

theyve not updated anything (??). They've sent recon terms from 2011.

[cymruambyth]

Re: UE Diary of Susieblings Daughter

Have you both tried to read this http://forums.all-about-debt.co.uk/s...PDATED-09-2015 ? It explains what is required to make an agreement enforceable.

[Susiebling365]

Re: UE Diary of Susieblings Daughter

Thanks Niddy...I need to try and understand this UE a bit more The first reply sounded like it was enforceable because of the 2011 Terms they sent. But there is something missing so it is UE?

She took the card out in 1998, but companies can update the agreements? They have no signature for this , but does this matter?

I need to re explain to my daughter so have to be clear....Its given her such a lift to think we can do something about this, says she felt she was just stuck in a time warp before.

[Never-In-Doubt]

Re: UE Diary of Susieblings Daughter

I've explained in my email. It's UE because there's no signed agreement / 4 corners.

[Susiebling365]

Re: UE Diary of Susieblings Daughter

I m a bit confused about this Lloyds account. It was taken out in 1998, around the time her youngest was born. The T & C they sent are dated 2011... Can they update these things in this way? I m wondering if I should send for SAR..... Help !!!!