liandconsmum's UE Diary

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Received an interesting letter from MBNA Virgin today regarding our PPI reimbursement request (due to mis-selling as didn't cover pre-existing conditions, which DH had and which they didn't tell us about). They have stated that they need us to send proof of his pre-existing conditions that cover the date of the policy for them to "consider" before they make a decision.. ????

I understand their thinking, but it aggravates me that a- if we knew we needed proof, we would have put aside specific paperwork, and b- why should we have to send confidential information to them re medical problems when they should have told us about it regardless?!? And when they say they will use the information to "consider" it further... ridiculous!! Are they going to say "oh well, this is unlikely to cause him time off work so it wouldn't affect it" ?!?

This would be from approximately 10 years ago... I honestly don't even know if we HAVE the paperwork now. And we live in a different area now, so would have to possibly get a letter from GP (and pay for it as it would need to be researched a bit as this happened in Devon). Not to mention that they told us months ago that it would be completed, and they are STILL dragging this out....

grrrrrrrrrrrrrr

(also posted this on my PPI thread)

This may be best placed on the PPi thread (which I notice you did) - I'd complain to the FOS as that is not an acceptable request, unless you have an old DLA letter or something like that lying about....?

best of luck.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Virgin PPI - lovely woman at surgery has copied a few pages of DH's medical records for us that show most of the information needed to provide evidence for pre-existing conditions. So all I need to do is simply put together a letter tying it all up and spelling it all out clearly, and then attaching copies (keeping copies for ourselves as well of course) as evidence. Hopefully that should sort it.

Excellent result - I wouldn't type them out, I'd copy and send as is - let them decipher the content!

Halifax - Received a letter from Iqor today. Halifax's bouncing ball of DCAs has bounced back to Iqor now. I'll dig out the standard letter we always send (although I'm considering simply a very short letter basically stating "As you have been advised previously, this account is in dispute. Please return it to the original creditor." And leaving it at that. I see no point in printing off long letters that they're already received. The Halifax account is UE.

I'd ignore it personally, not worthy of a response.

MBNA Santander - Letter from Experto Credite/Credit Management Consultants. Another offer to settle at 50%, which we couldn't afford anyway. But this account is UE as well. Mulling over precisely how to respond, but considering sending the same letter as above (see Halifax). Although I believe Exp Cred have actually purchased the debt from MBNA Sant, whereas Iqor is simply acting for Halifax.

Ignore it!

Paypal Santander - Still not sure how to respond on this. I've been advised that there is an issue with the DNs and also with the lack of complete terms and conditions with the CCA, however, that it is not enough for it to be set aside in court. I am considering going the defence route noting these two issues, if nothing just to force them to put it right. And then see where it goes from there. I assume that if the court orders a ridiculously high repayment amount, that we can appeal that? I have a few more days leeway before responding, however, it just seems so confusing and nervewracking. Not to mention it's DH's account, and while I can give him the information, it's ultimately his decision which way to go. And he's dealing with depression, so not coping well with it (they've upped his meds, but takes weeks to take effect).

Have you spoken to Paul yet? Please keep other related stuff away from here and stick to the specific threads as it confuses things when you post about the PPI reclaim and ccj claim when there are other threads for these.

Thanks

[liandconsmum]

Re: liandconsmum's UE Diary

Sorry, didn't mean to confuse things.

[liandconsmum]

Re: liandconsmum's UE Diary

As these accounts are all in DH's name only, and DH's mental health has taken a downturn, after speaking to him at length this morning, he's made a few decisions on how he wants to handle the accounts. To some extent, they are good decisions, and obviously "his accounts - he has to say what goes" so here's the new plan.

Additions - ignore. It's not only UE, they have no CCA at all and have admitted it in writing.

Tesco - ignore and fight if necessary. It's UE. Even the fraudulent made up CCA with bad info is UE. So he's not willing to let that one go unchallenged.

Virgin/Exp Cred CMC - continue paying £10 per month per their agreement towards the balance and scrape together enough for a F&F by summer 2012.

MBNA Santander/Exp Cred CMC - technically UE, but DH wants to take them up on their offer to pay £10 per month towards the balance and scrape together enough for a F&F by January 2013, using the UE to negotiate a low payoff amount.

Halifax - again technically UE, plus they have sent us two different terms and conditions. DH is willing to fight this as well.

Santander credit card - after sending us daily mail for 45 days, including 15 DNs with different amounts, plus sending us paperwork that states it is paid in full with zero balance, I'd say we're through dealing with them. DH agrees.

He is still making decisions regarding the Paypal Santander that he has gotten court paperwork on, although he has acknowledged service online. We'll have to discuss this more today so he can make a decision quickly.

The one big change is the MBNA account, but I can see his logic. He is completely stressed over the court stuff at this point, and has decided that while he is willing to fight the others, he feels more comfortable on that one paying a low payment and then using the UE to negotiate further when he is feeling strong enough to take them on in future.

[MrsD]

Re: liandconsmum's UE Diary

whatever decisions you and OH make, you are making them from a non panicing, leisurely thought process, so that is an infinitely better place to be than where most people are with debt (who haven't found AAD), so good luck and I hope it all goes well.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Thanks for updates - although I don't believe he is making the right decision with the MBNA account, based on several factors that I will list for you, to take back to him in the hope he sees some of his flaws......

1. Why pay an UE debt, especially for 2 years which will add £240 to things yet you'll find they've charged more than you pay in, so why not just pay me £240 and be done with it?
2. Paying affects statute barred
3. Paying passes the ace card back from you to the lender - big mistake
4. It shows them they can take the piss, when you try and make an offer they will refuse as you'll have already proven by then that you "don't have the balls to play the hand"... (no offence, its meant in a manner of speaking kinda way)...
5. They will not accept an offer in 2yrs after you pay steady payments, why would they? I'd rather have a tenner a month for infinity than a reduced sum...
6. Why has he made this decision?
7. Do not compare two differing accounts, regardless that they are with the same lender - it doesn't work like that

That's my views, however you know best - but you should speak to him again and mention my points above. best of luck

[liandconsmum]

Re: liandconsmum's UE Diary

I'm going to take the next couple days to review the entire MBNA file and type up a chronological sheet on it. Then let DH look it over once more before a final decision. That way we know he's thinking it all through thoroughly. I myself just want to review what in particular is UE on it.

[Paul.]

Re: liandconsmum's UE Diary

It is only unenforceable for sure when the court makes such a declaration

you must always remember that

[Never-In-Doubt]

Re: liandconsmum's UE Diary

It is only unenforceable for sure when the court makes such a declaration

Exactly, we can only advise whether it stands any chance or not, based on what we see.

However, totally agree - a judge can declare it irredeemably unenforceable, otherwise the lender can (and will) actively pursue it...... That's not what i'm saying here though, I'm simply saying if they messed up originally then you do have some fight - its obviously up to the specific user what and how they deal with such a fight

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Paul - yes, that is why I'm going to review it. I want to see specifically what it is that makes it UE. The other accounts have huge glaring things (no CCA at all, 2 different CCAs, completely different sets of T&Cs, and so on), so he's more comfortable continuing the UE route with them.

He's still up in the air on the Paypal Santander, but I think leaning towards a decision. I'm just not sure what decision. (I hate not knowing what he is thinking.. grumble grumble... control freak? me?? LOL)

I think he's looking at keeping stress level, and picking and choosing what he's willing to fight through in court. If he's looking out for his stress and mental health, I'm not going to complain. No point being sectioned over it.

Well for the sake of £10 per month, to avoid the hassle and stress just pay the £10.... you know (from other accounts) that it'll cause stress and hassle, they won't back down - i'll not lie.

So yea, he needs to have a good long think, I can see both sides of things but ultimately it is up to you guys what you do..... and I guess if £10 keeps you both sane, it could well be seen as cash well spent!

[liandconsmum]

Re: liandconsmum's UE Diary

Well, £10 per month on a £9K debt means in 40 years (when we're 85), we will barely have paid half. LOL And it says it would remain interest free.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Well, £10 per month on a £9K debt means in 40 years (when we're 85), we will barely have paid half. LOL And it says it would remain interest free.

There you go then, it's only a tenner and so long as you won't miss it just consign yourself to the fact that you'll probably be long gone before they get paid thus you win anyway

You could look at paying it and try the CCA router again in a year - ie start from scratch again just to see what they do have and this will not only buy more time but allow you peace on that account for at least the next few months.... its a weird one that only you can answer, as to what would be best...

But seriously, have a good long think and let us know whatever you may decide....

[liandconsmum]

Re: liandconsmum's UE Diary

Another day, another nonsense letter from a DCA.

Tesco - letter from Wescot received today re this account. I will send them the appropriate "hello, this account is in dispute" letter. We've gone around with them before on this account, so it's not news to them.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Another day, another nonsense letter from a DCA.

Tesco - letter from Wescot received today re this account. I will send them the appropriate "hello, this account is in dispute" letter. We've gone around with them before on this account, so it's not news to them.

Yep - do that, best of luck

[liandconsmum]

Re: liandconsmum's UE Diary

MBNA/Experto Credite - We went rather middle of the road with the letter to them. DH is happy to pay the £10 per month, however, I note that the CCA is technically UE. So rather than hand it completely over to them, we sent this:

I am in receipt of your letter offering an instalment plan of £10.00 per month, free of any interest charges. As I have not yet received complete information to my original CCA request of 23 July 2010 regarding this account, I feel that this is the best option until that particular dispute has been resolved.

I will therefore set up a standing order for the £10.00 payment to be distributed on the 15th of each month, beginning in August 2011. If for some reason it does not go through, please let me know by post immediately.

DH is happy because we're paying what they want (which ironically is lower than what we initially were paying them ) but it's a slight shot across the bow to point out that while we're paying them, we're still aware that it's UE, and if they try to haul us into court, we'll not be so cooperative. A bit of a compromise that we can live with. To be fair, we have an enforceable account at the same DCA that we're paying on, and this keeps things relatively amenable for both, plus is affordable. We've got other accounts we can focus on.


Tesco - we went with short and sweet on this one as well. Honestly, I am tired of burning through ink and paper on long letters when they've received them all before. If this new DCA has received the full file on this account, it'll have all the previous info in it. If not, they can bl well request it themselves from the previous DCA or original creditor. So I sent them this:

Please note that the above account is currently in dispute with the original creditors, and as such should be returned to them to be resolved.

I will let them chew on that a bit and see what their response is. I can always go for the longer letter next if need be. But we've dealt with this DCA on other accounts previously, so I imagine we'll see a raft of letters from them as we go along anyway.