liandconsmum's UE Diary

[liandconsmum]

Hooray! Up and running!

So jumping right back into it....

Additions - who couldn't even FIND a CCA (and simply sent a copy of current T&Cs), have sent us a letter from their inhouse DCA saying that what we paid this month wasn't sufficient and that we need to pay more. Amusing, since we didn't pay ANYTHING this month, only sent them the letter saying they haven't sent us the correct CCA. So just waiting around on that one.... as I think our letters crossed in the post.

Tesco - they've sent us a SECOND letter demanding a signature. We sent back one letter already saying nope not sending one and you don't need one anyway (using the template). So not sure exactly what to send yet.... mulling that one a bit...

It's been over a month for 2 of our accounts and all we've heard is "we're looking for it" basically. If nothing by end of month, will send the chaser letter.

Our post has literally come to a standstill. It's rather nice, to be honest.

And NID, hope your daughter is feeling better soon!

[liandconsmum]

Re: liandconsmum's UE diary

Hmmm.... weird new developments here....

1. Santander loan - (which NIDDY has already looked at the CCA)... they have sent us a letter saying "Thank you for your recent letter in connection with the above mentioned account. Please contact one of my advisors immediately on the telephone number quoted above, as we need to discuss this matter with you."
Which in and of itself, while curious, is not the weird part... as this seems to be a standard ploy to get a debtor to ring so they can demand more money. The weird part is that a) the arrears shows as £0.00. And I haven't sent them a recent letter - last one I sent was in July, which was the CCA request, which they responded to already. ;Hmm

2. MBNA - DCA/MBNA sent a CCA which NIDDY stated was unenforceable. I sent back the recommended letter stating they sent incorrect info and requesting a correct CCA response. I got a letter from the DCA saying "The documentation sent to is fully compliant with the requirements under Section 78 of the Consumer Credit Act 1974. If you are of the opinion they are not, and rather than relying on various consumer forums for advice, may I suggest you seek advice from a company who is well versed in what satisfies our documentary requirements. Time is of the essence as our previous letter specified a time period in which this liability needs to be finalised. We will no longer be writing to you regarding the Section 78 documentary requirements and please consider this to be our final response. We look forward to hearing from you by return." Again, ;Hmm

3. Additions/NDR are still sending statements and adding fees and interest, despite the fact that they could not locate a CCA, admitted it in writing, and I sent them the letter stating it was in default and insisting they send the correct CCA information (as recommended).

The second one I find particularly interesting, and NIDDY if you could give me a brief note on specifically what makes it unenforceable (although I have my suspicions what it is), so that I can hang on to that if/when this goes further. Thank you so much. Not sure what to do with these at this point. And as noted in post above, with Tesco, either... yet another letter stating they do not need the signature? Or is there a "good god, you obviously don't listen to anything I say so I'm not communicating with you anymore" letter . ;D

[Never-In-Doubt]

Re: liandconsmum's UE diary

Additions - who couldn't even FIND a CCA (and simply sent a copy of current T&Cs), have sent us a letter from their inhouse DCA saying that what we paid this month wasn't sufficient and that we need to pay more. Amusing, since we didn't pay ANYTHING this month, only sent them the letter saying they haven't sent us the correct CCA. So just waiting around on that one.... as I think our letters crossed in the post.

Yep - sit tight with this for now.

Tesco - they've sent us a SECOND letter demanding a signature. We sent back one letter already saying nope not sending one and you don't need one anyway (using the template). So not sure exactly what to send yet.... mulling that one a bit...

Send this now: ---> viewtopic.php?p=2307#p2307

It's been over a month for 2 of our accounts and all we've heard is "we're looking for it" basically. If nothing by end of month, will send the chaser letter.

Nah, leave them alone til they write to you - they are unenforceable until such time they do, so don't rush them.... ;--;

[Never-In-Doubt]

Re: liandconsmum's UE diary

Hmmm.... weird new developments here....

Lol, the quiet after the storm eh? ;D

1. Santander loan - (which NIDDY has already looked at the CCA)... they have sent us a letter saying "Thank you for your recent letter in connection with the above mentioned account. Please contact one of my advisors immediately on the telephone number quoted above, as we need to discuss this matter with you." Which in and of itself, while curious, is not the weird part... as this seems to be a standard ploy to get a debtor to ring so they can demand more money. The weird part is that a) the arrears shows as £0.00. And I haven't sent them a recent letter - last one I sent was in July, which was the CCA request, which they responded to already. ;Hmm

Just ignore this.

2. MBNA - DCA/MBNA sent a CCA which NIDDY stated was unenforceable. I sent back the recommended letter stating they sent incorrect info and requesting a correct CCA response. I got a letter from the DCA saying "The documentation sent to is fully compliant with the requirements under Section 78 of the Consumer Credit Act 1974. If you are of the opinion they are not, and rather than relying on various consumer forums for advice, may I suggest you seek advice from a company who is well versed in what satisfies our documentary requirements. Time is of the essence as our previous letter specified a time period in which this liability needs to be finalised. We will no longer be writing to you regarding the Section 78 documentary requirements and please consider this to be our final response. We look forward to hearing from you by return." Again, ;Hmm

Just email me the documents again please, i've had a lot on and cannot remember much about this to be frank.... so hold fire, but the reply will be good after their cheeky comment about using forums - wow, i'm famous! Maybe send a reply back signed Niddy LOL (joke)...

3. Additions/NDR are still sending statements and adding fees and interest, despite the fact that they could not locate a CCA, admitted it in writing, and I sent them the letter stating it was in default and insisting they send the correct CCA information (as recommended).

Ignore.

The second one I find particularly interesting, and NIDDY if you could give me a brief note on specifically what makes it unenforceable (although I have my suspicions what it is), so that I can hang on to that if/when this goes further. Thank you so much. Not sure what to do with these at this point. And as noted in post above, with Tesco, either... yet another letter stating they do not need the signature? Or is there a "good god, you obviously don't listen to anything I say so I'm not communicating with you anymore" letter . ;D

Tesco has been answered (sorry for delay) - - regards to MBNA i'll come back to you after you re-email me. Regards to the others, you need to ignore them - let them bring the fight to you, don't chase them.....

[liandconsmum]

Re: liandconsmum's UE diary

I will get that letter off to Tesco by Monday, and I've just emailed the MBNA documents to you again. Other than that, I'm happy to wait it out for a bit on the others. Thank you again.

[liandconsmum]

Re: liandconsmum's UE diary

NIDDY - Thank you for the info by email - I will wait to see what you recommend that I send to MBNA/DCA regarding their letter. I found it interesting that they said

We will no longer be writing to you regarding the Section 78 documentary requirements and please consider this to be our final response.

But then, I found the whole "consumer forum" snide comment a bit off as well. ;Hmm

I can only assume they are being short about it because they probably know it's unenforceable.... the old "act supremely confident when you have nothing to fall back on" thing....

ETA: Oh, and we just received a default notice from Additions today. Do we respond with any type of letter to this, as they've already told us they cannot locate a CCA?

[enoughisenough]

Re: liandconsmum's UE diary

Then when you do fall back it bloody hurts! 2

[Never-In-Doubt]

Re: liandconsmum's UE diary

ETA: Oh, and we just received a default notice from Additions today. Do we respond with any type of letter to this, as they've already told us they cannot locate a CCA?

Hiya

MBNA - ignore them, its finished and :UE

Additions - they will default you and are allowed to in line with McGuffick v RBS so nothing to do there, just ignore things - it is the final process prior to account termination. ;30

[liandconsmum]

Re: liandconsmum's UE diary

Thanks. Will put them both on the "read their post, file away, and ignore" list. ;-y

Brief overall tally (for my own benefit to keep track):

Additions - :UE

MBNA Santander - :UE

Tesco loan - sending letter to them on Monday (as recommended by NIDDY) as still wrangling over signature, technically in default re the CCA.

Santander loan - already checked by NIDDY, was preparing to reclaim PPI (as was mis-sold), however, they've sent us a letter saying Arrears £00.00. I may hold off just a bit on this to see where they are going with it. I can still prepare the PPI letter and have it ready. ;Hmm

Virgin MBNA - still on hold with DCA, awaiting CCA response, technically in default re the CCA.

Halifax - still on hold with DCA, awaiting CCA response, technically in default re the CCA.

Santander - have written to us stating outstanding balance is £0.

Paypal Santander - already checked by NIDDY, are making monthly reduced payments, which they seem fine with.

So all in all, things are moving along well. It's a bit easier to deal with now that different accounts are sitting at different stages. But we'll be glad when it's all taken care of.... a long haul, but we didn't get into this situation overnight, so don't expect it to be sorted overnight either.

[Never-In-Doubt]

Re: liandconsmum's UE diary

Hiya

Keep up the good work..... just update with questions when you need help.

[liandconsmum]

Re: liandconsmum's UE diary

NIDDY - I've emailed you two letters that we've received this week reference the Santander loan. The first is from Abbey, the second is from the DCA. I'm a bit unsure where to go on this, and would like some input from you when you have time to look it over. It's pretty brief, but the whole "Arrears £00.00" rather makes me wonder whether or not I should simply copy that letter, send it to the DCA and say "what arrears? They're saying here that there ARE no arrears."

Thank you so much.

[Never-In-Doubt]

Re: liandconsmum's UE diary

NIDDY - I've emailed you two letters that we've received this week reference the Santander loan. The first is from Abbey, the second is from the DCA. I'm a bit unsure where to go on this, and would like some input from you when you have time to look it over. It's pretty brief, but the whole "Arrears £00.00" rather makes me wonder whether or not I should simply copy that letter, send it to the DCA and say "what arrears? They're saying here that there ARE no arrears."

Thank you so much.

Hiya

send this to Moorcroft: ---> viewtopic.php?p=2319#p2319

Send nothing to Abbey - the arrears thing doesn't matter, a small typo does not change the legal affect/standing of a debt....

[liandconsmum]

Re: liandconsmum's UE diary

They're not in dispute any longer though, are they? - they sent the CCA and you said it was enforceable. Confused. Does that mean I now push the PPI thing? I would imagine the PPI would be about what the balance is.

I am sorry, this stuff is making my head hurt. Santander has made this so difficult to wade through - I just hate getting post from them. Seems like every letter is designed to either upset or confuse - I suppose so that you'll ring them instead of writing. *sigh*

[Never-In-Doubt]

Re: liandconsmum's UE diary

Yep, course it is in dispute - unless you admit that you wanted PPi and agree to pay it...?

Sent the letter as advised and also work with this; to reclaim PPi (direct from lender).... viewtopic.php?f=42&t=53

[liandconsmum]

Re: liandconsmum's UE diary

Oh, okay, I see. Sorry, things have been insane here lately - 4yo started reception the other day and we had a major incident at the school, and I'm ever so scattered right now. Will pull my brain together now and get moving on these letters. Thanks so much NIDDY.