the-puppets UE diary

[the-puppets]

Re: the-predator-puppets UE diary

NEXT (Other half's shopping on-line account)
TYPE OF ACCOUNT : on-line credit ?
DATE COMMENCED: 04/06
APPROX BALANCE: £500
DATE LAST PAID:May 2010 usual amount, tokens til Dec 2010, then DMP from Dec 2010 to June 2011 last paid
DMP OR NOT PAY: DMP Last DMP payment was June 2011 - cancelled it to explore the UE route
STATUS: Arrangement to Pay
ACC OWNER: NEXT


10th June 2011 CCA Request sent
24th June 2011 Received a "True Copy" of cca, current cca, statement of account - stated Carey v HSBC court case?? emailed to Niddy to check - Niddy says "UE"
28th June 2011 Sent the "You sent us a blank application form" letter, now please send us a proper CCA
9th July 2011 Received letter from Next stating they have sent a "True Copy"
11th July 2011 Sent the Final Response - UE (CCA Received) letter
29th July 2011 received letter stating "unfortunately, we don't have the original signed credit agreement on file, so we're unable to send it. But, enclosed a True Copy of credit agreement along with current copy and statement of account...what we've sent does comply with the Consumer Credit Act"....will continue requests for payment...pass to dca...

They've admitted they cant find it have sent us same as before (Nid declared UE/Blank Application Form) but with the account number, name and address typed in - is this a True Copy now or still an App Form?? Do we just ignore??

TPP

[Never-In-Doubt]

Re: the-predator-puppets UE diary

Todays letter goes along the lines of :

under S78 they are compliant if they provide a true copy......that there is no obligation for them to provide a copy of the original agreement bearing signatures....true copy does not need to contain all personal info relating to borrower, sig box or dates of sig....no reason to enter into further correspondence...if not satisfied we may seek whatever legel redress we consider open to us..(how kind of them!!)...they do not consider account to be in dispute ...they will be pursuing for full payment....(join the queue!!!)

Ignore or another letter??

TPP

Ignore, as Mrs D says above

[MrsD]

Re: the-predator-puppets UE diary

Todays letter goes along the lines of :

under S78 they are compliant if they provide a true copy......that there is no obligation for them to provide a copy of the original agreement bearing signatures....true copy does not need to contain all personal info relating to borrower, sig box or dates of sig....no reason to enter into further correspondence...if not satisfied we may seek whatever legel redress we consider open to us..(how kind of them!!)...they do not consider account to be in dispute ...they will be pursuing for full payment....(join the queue!!!)

Ignore or another letter??



TPP

I would ignore for now and see what else they send, you've told them what's missing and they have to come up with it, according to RBS, they were always tiptop perfection and we all know different!!!

[caspar]

Re: the-predator-puppets UE diary

Not only the originals, but amendments to those since date of inception.

As regards ignoring enforceable ones, yes - until you hear back and know exactly which are and aren't enforceable you have no choice. There is zero point trying to put together any sort of DMP with a half drawn picture!

[Angry Cat]

Re: the-predator-puppets UE diary

The Agreement would have been based upon the original T&C's.
Therefore, they would have to provide same, also.

[the-puppets]

Re: the-predator-puppets UE diary

MINT CARD (Other half's credit card)

TYPE OF ACCOUNT : CC
DATE COMMENCED: 03/04
APPROX BALANCE: £4000
DATE LAST PAID:May 2010 usual amount, tokens til Dec 2010, then DMP from Dec 2010 to June 2011 last paid
DMP OR NOT PAY: DMP Last DMP payment was June 2011 - cancelled it to explore the UE route
STATUS: Default 23/09/10
ACC OWNER: MINT


10th June 2011 CCA Request sent
11th July 2011 Received what looks like a signed application form, copies of terms and conditions, a credit card agreement with no signature box, copy of general conditions (leaflet), letter regarding replacement card , copy of latest statements emailed Niddy to check - Niddy declares it UE
13th July sent the CCA Query Missing Prescribed Terms Letter
20th July 2011 Received Mint card statement
21st July 2011 Received letter stating under S78 they are compliant if they provide a true copy......that there is no obligation for them to provide a copy of the original agreement bearing signatures....no reason to enter further correspondence with us..do not consider account to be in dispute

Todays letter goes along the lines of :

under S78 they are compliant if they provide a true copy......that there is no obligation for them to provide a copy of the original agreement bearing signatures....true copy does not need to contain all personal info relating to borrower, sig box or dates of sig....no reason to enter into further correspondence...if not satisfied we may seek whatever legel redress we consider open to us..(how kind of them!!)...they do not consider account to be in dispute ...they will be pursuing for full payment....(join the queue!!!)

Ignore or another letter??

TPP

[Never-In-Doubt]

Re: the-predator-puppets UE diary

Hope this is right - we tried a bit of a blag - they obviously not convinced - now just sit tight til they shout?? TPP

Yep, just ignore it - best of luck - keep us updated though

[the-puppets]

Re: the-predator-puppets UE diary

HSBC MASTER CARD (My credit card)
TYPE OF ACCOUNT : CC
DATE COMMENCED: 02/06
APPROX BALANCE: £5700
DATE LAST PAID:May 2010 usual amount, tokens til Dec 2010, then DMP from Dec 2010 to June 2011 last paid
DMP OR NOT PAY: DMP Last DMP payment was June 2011 - cancelled it to explore the UE route
STATUS: Arrangement to pay
ACC OWNER: HSBC


10th June 2011 CCA Request sent
12th July 2011 received copy of CCA, Repayment Protection & Card Guard signed application, T&C , Important Changes to CCA, 2 statements sending CCA docs to Niddy to check - poor copies from HSBC - Niddy says enforceable
13th July Blagging it whilst waiting for others to catch up - sent the CCA Query - Missing Prescribed Terms letter
20th July 2011 received letter stating they believe their established practices meet all statutory and regulatory requirements...blah blah..will defend vigorously...enclosed name and address if we wish to elect to bring any proceedings - ignoring till they pass to dca who we can do a better f&f deal with

Hope this is right - we tried a bit of a blag - they obviously not convinced - now just sit tight til they shout?? TPP

[Never-In-Doubt]

Re: the-predator-puppets UE diary

Enjoy camping! Don't get too wet now.....

- Seriously, have a break and forget all this - it's not worth worrying over so go have fun and resume the fight when you get back

[the-puppets]

Re: the-predator-puppets UE diary

Will do, just weighing up options and doing more reading of diaries.
Happy to wait it out til we know what's what. Won't do anything without running it by you first. No post today...off camping soon for a few days to get away from it all. Will check in again on our return.

Cheers

Drinks around the camp fire

TPP

[Never-In-Doubt]

Re: the-predator-puppets UE diary

Wait until you have resolution on ALL debts prior to commencing ANY DMP as you need to evenly distribute funds between those creditors that have enforceable agreements.

It's all very well preparing a dmp, but do not start it yet as your figures will be all over the shop - check our site for the DIY DMP guide

---> Debt Management - Do it Yourself DMP

[caspar]

Re: the-predator-puppets UE diary

I prefer the self managed ones! It's sometimes worth considering someone like CCCS to get a deal agreed, then without telling your creditors just take it over yourself and start writing any letters etc... that you feel they should have written.

Whatevr you choose, I see my role as to help you achieve what you want!

[the-puppets]

Re: the-predator-puppets UE diary

If it proves to be enforceable, then if you need help sorting out a DMP with them, just post in the DMP section and I'll give you all the help I can.

Thanks Casper will do - I guess we just play the waiting game a while longer to sort the UE ones from the rest - I take it you will help with a self-managed DMP??? Now we've gone "Team Niddy" we like the control rather than someone-else do it for us

Cheers

TPP

[the-puppets]

Re: the-predator-puppets UE diary

This is a weird one, in that it's one of those together loans - however it is, unfortunately, fully enforceable as all prescribed terms are present - however can you please confirm whether PPI was sold/attached to this account? Do you still have the mortgage as well, ie with NR?

If not, it is enforceable i'm afraid.....

Thanks Nids,

regarding this Northern Rock Loan (NRAM) - you are correct it was a Together Mortgage - when NRAM refused to sign up for an IVA their reason was if we switched the Mortgage to interest only we could pay off all the debts in full in 6 years. Thats how we ended up on the DMP. It cost a £75 admin fee (Robbing B*stards) to seperate the mortgage payments from the loan repayments. They only agree to interest free for 12 months at a time - so no guarantees this will continue (think we would rather pay it properly than tred water). As for their 6 year plan - yeah if they all stopped interest no probs but not all of them have and so we've switched to "Team Niddy".

In answer to Q re PPI - nothing taken out with them - we got mortgage protection insurance with another company.


Missing prescribed terms sent to Mint Card (UE) and HSBC (gonna blag a while)

TPP

[caspar]

Re: the-predator-puppets UE diary

This is totally unenforceable, the rates do not tally, there were no originating terms, there is ppi showing but no mention of it anywhere other than the tick on the form, there is no default sums showing - basically, it's a balls up.

Its 100%

Respond with the following: CCA Query - Missing Prescribed Terms

If it proves to be enforceable, then if you need help sorting out a DMP with them, just post in the DMP section and I'll give you all the help I can.