Jaci's UE Diary

[Never-In-Doubt]

Re: Jaci's UE Diary

I know a couple of these have been duplicated with myself and I2D - only conflict is the refusal of CCA - you can either send it to the OC or send the creditor refusal letter, it's up to you - it's 50/50..

I've also wiped a load of junk posts from here, to keep the diary legible. When you update a post from the original entries showing the debts, please update the original post with the new timeline entry then quote that post as opposed to saying "i've updated X post" as when this diary is 10 pages long, we can't be linking back all the time so it makes it easier for everyone reading, if you quote the post AFTER you've updated it..

Thanks

p.s. I'll go check emails now and come back shortly...

[Never-In-Doubt]

Re: Jaci's UE Diary

OH'S ACCOUNT

RBS Cards (Mint)
Credit Card
Start Date 11-03-2004
Current Balance £1847
Status Defaulted


Mint Credit Card
06/06/2011 - CCA Request Sent
04/07/2011 - Have received a very confusing letter, my cheque back, a copy of signed application form, 4 pages titled 'Credit Agreement regulated by the Consumer Credit Act 1974', Another 16 pages with the same title, A copy of a letter sent with a replacement card with another CCA, and finally a copy of the latest statement. Oh and a leaflet entitled 'Your Copy of the General Conditions'. Does someone need to see all this???[/COLOR]
07/07/2001 - Emailed Niddy

Hiya

This is also

Basically it's the original application and a copy of the terms, however the copy terms were not part of the original application so really a recon isn't acceptable especially as they have sent two sets - one is the original ones with missing PT's and the larger part of the terms (ie the second lot) is a varied terms from the last interest rate change - however these are also missing key elements so this is unenforceable.

You can cease repayments and respond with this: CCA Query - Missing Prescribed Terms

[jaci]

Re: Jaci's UE Diary

Hiya

This is also

Basically it's the original application and a copy of the terms, however the copy terms were not part of the original application so really a recon isn't acceptable especially as they have sent two sets - one is the original ones with missing PT's and the larger part of the terms (ie the second lot) is a varied terms from the last interest rate change - however these are also missing key elements so this is unenforceable.

You can cease repayments and respond with this: CCA Query - Missing Prescribed Terms

YAY!

Just checking in the letter it says attach a copy, is that a copy of everything I sent you?

[Never-In-Doubt]

Re: Jaci's UE Diary

YAY!

Just checking in the letter it says attach a copy, is that a copy of everything I sent you?

Nooo, you don't need to attach anything, usually you'd just chuck a copy of the agreement in there but it's not relevant so ignore it....

[jaci]

Re: Jaci's UE Diary

JOINT LOAN

Halifax Plc
Loan
Start Date 23-04-2008
Current Balance £8677
Status Defaulted March 2010


Halifax Loan
06/06/2011 - CCA Request sent
08/07/2011 - CCA Received Emailed Niddy

Updated

[Never-In-Doubt]

Re: Jaci's UE Diary

Updated

This was 2008, forgetting the fact the agreement is spot-on (ie enforceable); it is not eligible for unenforceability as s.127 was repealed for agreements after 6/4/2007.

I would look to reclaim PPi and charges then go for a low settlement, however may be best to wait for now till we know the full scale of the other accounts you hold - it may be worth considering a dmp at the end, who knows - until you get all the info back, it's hard to assess.

Sorry, this is

[jaci]

Re: Jaci's UE Diary

Thought it would be due to the date thanks anyway, any advice on what's best to do with this for now? I stopped payments a couple of months ago should I keep not paying or maybe start sending them something?

[jaci]

Re: Jaci's UE Diary

OH'S ACCOUNT

BoS Card Services
Credit Card
Start Date 19-10-2004
Current Balance £728
Status Defaulted


Bank Of Scotland Credit Card - Currently with Blair Oliver Scott
06/06/2011 - CCA Request sent
04/07/2011 - Received letter back with copy of application form and 2 copies of agreements. Does this all need to be seen?
08/07/2011 - Emailed Niddy

Updated

[jaci]

Re: Jaci's UE Diary

MY ACCOUNT


Natwest
Credit Card
Start Date 22-08-2007
Current Balance £2778 (Approx)
Status - Defaulted Jan 2010

Natwest Credit Card
06/06/2011 - CCA Request sent

Recieved CCA for this one today, bearing in mind the date commenced should I still send to Niddy?

[Deepie]

Re: Jaci's UE Diary

Recieved CCA for this one today, bearing in mind the date commenced should I still send to Niddy?

Yes still send it

[Never-In-Doubt]

Re: Jaci's UE Diary

Updated

Is this his own handwriting or a member of BOS?

Its a clear recon, as admitted by HBOS but I need to know who filled in the form that we see as image number 030 is what they purport to be the agreement but who completed it...?

[jaci]

Re: Jaci's UE Diary

Is this his own handwriting or a member of BOS?

Its a clear recon, as admitted by HBOS but I need to know who filled in the form that we see as image number 030 is what they purport to be the agreement but who completed it...?

I filled it in, OH signed it - he just does as is told

[Never-In-Doubt]

Re: Jaci's UE Diary

OH'S ACCOUNT

BoS Card Services
Credit Card
Start Date 19-10-2004
Current Balance £728
Status Defaulted


Bank Of Scotland Credit Card - Currently with Blair Oliver Scott
06/06/2011 - CCA Request sent
04/07/2011 - Received letter back with copy of application form and 2 copies of agreements. Does this all need to be seen?
08/07/2011 - Emailed Niddy

This is a recon of the original and I suspect no terms were ever present thus they've spent too much time completing the reconstituted terms, and not enough time worrying about linking to them on the application form (muppets)...

Therefore this account is unenforceable

You should respond with the following: CCA Query - Application Form Received

[jaci]

Re: Jaci's UE Diary

MY ACCOUNT


LLoyds TSB
Credit Card
Start Date 24-10-2001
Current Balance £1021 (Approx)
Status - In Arrears


Lloyds TSB Credit Card - Currently with Westcott Credit Services
06/06/2011 - CCA Request Sent
05/07/2011 - Received my letter back, complete with cheque (and even the envelope I sent it in!!) with a compliments slip attached saying 'cheque needs to be payable to Lloyds TSB - please re-write the cheque and return with your request. Ok to do this I assume?
13/07/2011 - Sending request back to them with cheque payable to Lloyds Tsb

Westcott are only asking for the cheque to be changed on this one, so going to send request back to them with a new cheque, assume this will be ok?

[Deepie]

Re: Jaci's UE Diary

Westcott are only asking for the cheque to be changed on this one, so going to send request back to them with a new cheque, assume this will be ok?

Yes that's ok