Susies UE Diary

[Susie]

Re: Susies UE Diary

Thanks, its a unless we hear from you in 7 days one, but next week will have to do and hope I can wing it

[ScabHunter]

Re: Susies UE Diary

I cannot reply in time to stop it being refered to the solicitors

That is the oldest trick in the book, and it suggests that this is just a threat and not a proper letter before action. To be compliant with the CPR a letter of claim needs to allow a reasonable time for response.

It is possible that it is a letter of claim which been poorly written, but my guess is that it is another threat. It will need responding to, but there is not yet any need for panic.

SH

[Susie]

Re: Susies UE Diary

MBNA (sold to Experto Credite) sold on to Aktiv Kapital
Taken out end of 2003
CCA request sent July 2010
29th July reply received, reconstituted agreement with no signature.
11.9.10 Arrears letter received My formal arrangement to pay has fallen behind - I was not aware that I had made any arrangement to pay but a good try ;LOL
22.10.2010 Very kindly sent me some paperwork including a totally illegible bit that I had signed, (it was the size of a tear off payment strip that you have at the bottom of a bill) and the accompanying sheet from asset sales with customer name, account, sold to, and by the bit that says credit agreement they have typed illegible. I cannot read it and doubt anyone else could so have no idea if it has any of the prescribed terms on it but I do remember something about it still being UE? There is also a legible copy (probably reconstituted) with no signature that has terms and conditions on the back.
They consider they have satisfied their obligations uncer section 78 and now deem the matter to be enforcable.
11.11.2010 I replied veaying that it did not comply with the requirements and that the account would remain in dispute. So far nothing more from them.
27.1.2011 Letter from Credit Management Consultants saying that I have disregarded all efforts to resolve the situation amicably and that failure to respond within 7 days may result in solicitors being instr ucted to consider the following action - court claim being issued, judgement obtained, baliffs seizing goods, attachment of earnings, charging order etc Please contact them within 7 days to arrange payment of the o/s balance and who to make my payment to - interesting that EC have not replied to MY letter though!!.
Edited to add, What they sent as the "agreement" must have been t&c from an application form as there is a huge white space on the "front" page, and an address to send it back to on the reverse....
31.1 2011 Letter from HL solicitors saying if they do not get a reply they will be taking further action
2.2.2011 letter sent as per Niddy's instructions

2 offers made for f&f from a friend at approx 15 and 18% both rejected

3.11.2011 Letter today from Fairfax Solicitors
They have been instructed to obtain immediate settlement or to take appropriate recovery action if I do not pay. Payment to be made by last Monday or phone to agree a satisfactory solutoion to the matter.
They have authority to commence legal proceedings, do not underestimate the seriousness of the matter it is important to make payment or contact them as a matter of urgency.



- Note -
Going back through the paperwork, although there is a default on the CRA, I have no record of receiving either a default notice or termination notice from MBNA, not sure if this would make any difference to anything? the default date was 31st and the sold date was 20th of next month with 12 weekdays in between (not that it helps if no default notice was sent!) Probably clutching at straws here though!
I think a SAR to MBNA may be interesting and could throw up some charges but that will have to wait until a bit later unless its safe to sign it.

NID said - If you've not had a DN or TN then they cannot enforce, ordinarily, so leave things as they are and if they decide to take action we can look to defend based on these flaws.....

Obviously that is Paul's field.....
- end note -


8.11.2011 Experto have excelled themselves!!
I have my "credit agreement" the supposed reverse of it with a bit blacked out, the possible reverse of an application form, a rather interesting sheet and some t&c's.
I will upload the interesting sheet and the agreement and its reverse to the secure area for Niddy to have a gander at to see what he thinks about it.

Quote:
Originally Posted by Never-In-Doubt
Replied on secure thread, it is


I would blag it though, based on them sending you the actual sales sheet that states illegible next to credit agreement

So for clarity, I would send this and see what they respond with :---> CCA Query - Missing Prescribed Terms

9.11.2011 missing prescribed terms sent
15.4.2012 Account sold to Aktiv Kapital, I need to pay now, Experto still acting on this account.

Hopefully Experto will have paid something like 30p in the £ and Aktiv will have paid something like 20p in the £ if it gets sold a few times more it get to a level where a f&f will be possible if it ever got to them being nasty and trying court! Letter neatly filed along with the rest of them!
Received a letter from CMC saying if I pay £x amount a month I can get a discount of x% going to a maximum of 50% discount - ignored it but interesting that they are offering up to a 50% discount straight away.
1.8.2012 Received a final demand from CMC.
I have ignored all their attempts to contact me (all? I have hardly had a lot of letters from them), they are aware that I am
resident at the address, ignoring their efforts to contact me
If I don't contact them to arrange payment they will have no alternative but to
refer my account to a doorstep collection agency
Refer to legal partner to progress via litigation
I must contact CMC now to make payment and avoid further action

Think I will send the threat of legal action letter unless anyone else has any other bright ideas?
Threat of legal action sent
7.9.2012 Letter from Experto
They confirm that they sent a copy of my agreement compliant with S.78 and believe they have addressed the issues in the letter. They do not believe there is an outstanding dispute - pay up
8.9.2012 Final Demand from Experto, if no payment is received they will refer my account to a doorstep collection agency or refer to legal partner to progress via litigation


I know that its not a "proper" notice before litigation, but it is now from Experto rather than one of their letterheads for hire, will send the doorstep letter and the litigation one and see what they come back with?

Looks like I may be in the poo another final demand received, I cannot reply in time to stop it being refered to the solicitors, the only saving grace is that there is a may in the letter so I may also get away with replying middle of next week

[Susie]

Re: Susies UE Diary

Originally Posted by Susie
Lloyds card over £5k
Taken out 2002/03
12th July 2010: CCA request sent
8th Sept: Received a letter from collections, I need to give the matter the most urgent attention negative on credit rating possibility of legal action blah blah - filed with the others
10th Sept: Sent as per Niddy, this little beauty viewtopic.php?p=2316#p2316
30th Sept: YAY, letter received saying they are defaulting me ;-y apparantly they "may" take further action ;LOL
18.10.2010 CCA 1974 requires them to send notice because I have missed payments. Please contact them.
29.11.2020 Credit card in arrears and they cannoy authorise any transactions until its up to date - enclosed a direct debit form!!
2.12.1010 MHA collections letter, they are instructed by Lloyds TSB to recover arrears, if I do not immediately forward payment SCM solicitors may (word may noted!) commence legal proceedings against me.
28.12.2010 Letter sent as per Niddy instructions
9.1.2010 MHA letter received saying that as I am in financial difficulties they are offering a reduced monthly payment, seems christmas has made them all turn friendly and happy so thet are sending me lovely offers, really sweet of them but I feel it would not be fair to accept
24.1.2011 Letter received from Lloyds - they are looking into my complaint but it could take 28 days to respond! Filed as I have no problem waiting a bit longer
3.3.2011 Wescot letter received - sending template for no CCA received please go away as am going to the post office soon and it will save a trip again later. Hoping its the right thing to do.
14.4.2012 Letter received from Credit Security, payment to be made in 7 days to this office.
17.4.2012 Replied with No CCA received template.
21.4.2012 Letter from Credit Security they DEMAND that I pay IMMEDIATELY - I assumed this had crossed in the post so ignored.
7.9.2012 Letter now received from Drydenfairfax: They have been instructed by their clients to obtain immediate repayment of this or to take the appropriate recovery action. If payment is not received by Sunday they have the authority to commence legal proceedings. If the action becomes necessary there will be costs etc.
please do not underestimate the seriousness of this matter pay or contact urgently.

Am going to get the No CCA received sent out yet again to these, possibly also the threat of legal action?

So, 2 since the last posting on this, first was from Drydens saying pretty much the same thing but from the date I would think the letters crossed in the post so will ignore this one
Second arrived today from Lloyds, terms of the card have changed and they will offset any monies in other accounts against this or any monies being refunded to me Luckily this will not affect me so I can file it and ignore

[Susie]

Re: Susies UE Diary

MBNA (sold to Experto Credite) sold on to Aktiv Kapital
Taken out end of 2003
CCA request sent July 2010
29th July reply received, reconstituted agreement with no signature.
11.9.10 Arrears letter received My formal arrangement to pay has fallen behind - I was not aware that I had made any arrangement to pay but a good try ;LOL
22.10.2010 Very kindly sent me some paperwork including a totally illegible bit that I had signed, (it was the size of a tear off payment strip that you have at the bottom of a bill) and the accompanying sheet from asset sales with customer name, account, sold to, and by the bit that says credit agreement they have typed illegible. I cannot read it and doubt anyone else could so have no idea if it has any of the prescribed terms on it but I do remember something about it still being UE? There is also a legible copy (probably reconstituted) with no signature that has terms and conditions on the back.
They consider they have satisfied their obligations uncer section 78 and now deem the matter to be enforcable.
11.11.2010 I replied veaying that it did not comply with the requirements and that the account would remain in dispute. So far nothing more from them.
27.1.2011 Letter from Credit Management Consultants saying that I have disregarded all efforts to resolve the situation amicably and that failure to respond within 7 days may result in solicitors being instr ucted to consider the following action - court claim being issued, judgement obtained, baliffs seizing goods, attachment of earnings, charging order etc Please contact them within 7 days to arrange payment of the o/s balance and who to make my payment to - interesting that EC have not replied to MY letter though!!.
Edited to add, What they sent as the "agreement" must have been t&c from an application form as there is a huge white space on the "front" page, and an address to send it back to on the reverse....
31.1 2011 Letter from HL solicitors saying if they do not get a reply they will be taking further action
2.2.2011 letter sent as per Niddy's instructions

2 offers made for f&f from a friend at approx 15 and 18% both rejected

3.11.2011 Letter today from Fairfax Solicitors
They have been instructed to obtain immediate settlement or to take appropriate recovery action if I do not pay. Payment to be made by last Monday or phone to agree a satisfactory solutoion to the matter.
They have authority to commence legal proceedings, do not underestimate the seriousness of the matter it is important to make payment or contact them as a matter of urgency.



- Note -
Going back through the paperwork, although there is a default on the CRA, I have no record of receiving either a default notice or termination notice from MBNA, not sure if this would make any difference to anything? the default date was 31st and the sold date was 20th of next month with 12 weekdays in between (not that it helps if no default notice was sent!) Probably clutching at straws here though!
I think a SAR to MBNA may be interesting and could throw up some charges but that will have to wait until a bit later unless its safe to sign it.

NID said - If you've not had a DN or TN then they cannot enforce, ordinarily, so leave things as they are and if they decide to take action we can look to defend based on these flaws.....

Obviously that is Paul's field.....
- end note -


8.11.2011 Experto have excelled themselves!!
I have my "credit agreement" the supposed reverse of it with a bit blacked out, the possible reverse of an application form, a rather interesting sheet and some t&c's.
I will upload the interesting sheet and the agreement and its reverse to the secure area for Niddy to have a gander at to see what he thinks about it.

Originally Posted by Never-In-Doubt
Replied on secure thread, it is


I would blag it though, based on them sending you the actual sales sheet that states illegible next to credit agreement

So for clarity, I would send this and see what they respond with :---> CCA Query - Missing Prescribed Terms

9.11.2011 missing prescribed terms sent
15.4.2012 Account sold to Aktiv Kapital, I need to pay now, Experto still acting on this account.

Hopefully Experto will have paid something like 30p in the £ and Aktiv will have paid something like 20p in the £ if it gets sold a few times more it get to a level where a f&f will be possible if it ever got to them being nasty and trying court! Letter neatly filed along with the rest of them!
Received a letter from CMC saying if I pay £x amount a month I can get a discount of x% going to a maximum of 50% discount - ignored it but interesting that they are offering up to a 50% discount straight away.
1.8.2012 Received a final demand from CMC.
I have ignored all their attempts to contact me (all? I have hardly had a lot of letters from them), they are aware that I am
resident at the address, ignoring their efforts to contact me
If I don't contact them to arrange payment they will have no alternative but to
refer my account to a doorstep collection agency
Refer to legal partner to progress via litigation
I must contact CMC now to make payment and avoid further action

Think I will send the threat of legal action letter unless anyone else has any other bright ideas?
Threat of legal action sent
7.9.2012 Letter from Experto
They confirm that they sent a copy of my agreement compliant with S.78 and believe they have addressed the issues in the letter. They do not believe there is an outstanding dispute - pay up
8.9.2012 Final Demand from Experto, if no payment is received they will refer my account to a doorstep collection agency or refer to legal partner to progress via litigation

I know that its not a "proper" notice before litigation, but it is now from Experto rather than one of their letterheads for hire, will send the doorstep letter and the litigation one and see what they come back with?

[Susie]

Re: Susies UE Diary

Thanks Helmsman, I am not over worried about getting Paul involved right now (unless he thinks it would be a good idea to act early). Paul has seen paperwork for this already and has commented on it by email. If they do start to get heavy I think he could have fun with it though! Its a weird letter to try and reply to and I don't like ignoring so while I am going to the post office I may send a missing terms and see what they do with that one.

[helmsman]

Re: Susies UE Diary

The document they sent was illegible, and the purchase report also said it was illegible, however they did send an unsigned reconstituted copy that was legible. I am also not 100% sure if the slip was from when the card was issued or if it was from an application form as they also sent the return address side of a flyer type application form - I am very confused!

Edited to add what would it cost to have a nice Paul headed paper letter sent to them - I wonder if they would change their attitude
2nd edit to add - when MBNA were calling and offering a very reduced f&f figure (well before I knew not to talk to them) they would have accepted £4k or the man said an offer very close to it which was what made me start to look on the internet and find out more about UE as I had seen things about it on MSE but not thought about it in relation to me if that makes sense. When I said to him that it must be UE he said that would be reasonable to assume (its doodled on the letter where I made notes!)

Hi Susie,
We have just used Paul through Watsons and he has seen of a sizeable debt for us and the cost was extremely reasonable (bloody cheap really) so if you can afford it I would recommend using them. I am not to sure if I should post up the cost so I will pm it to you.
Helmsman

[Susie]

Re: Susies UE Diary

ok, Experto arent the orginal creditor, soooo, how the flip can they recon?

Its like asking me what colour the queens knickers are, i wouldnt have a clue.

I suspect MBNA provided them with the clear copy of a slip - I have absolutely no idea as it did not arrive with the first copy that was sent. Could they have asked MBNA for a clear copy as well? I think it would take a SAR to find out and I cannot SAR MBNA until I have somewhere for them to send it to, I will be sending one asap as it could turn up answers to a couple of questions that I have on the account.

I would be better able to guess that the queen would be wearing white knickers (how the hell I would prove it though is a different matter )

[Paul.]

Re: Susies UE Diary

The document they sent was illegible, and the purchase report also said it was illegible, however they did send an unsigned reconstituted copy that was legible. I am also not 100% sure if the slip was from when the card was issued or if it was from an application form as they also sent the return address side of a flyer type application form - I am very confused!

Edited to add what would it cost to have a nice Paul headed paper letter sent to them - I wonder if they would change their attitude

ok, Experto arent the orginal creditor, soooo, how the flip can they recon?

Its like asking me what colour the queens knickers are, i wouldnt have a clue.

[Susie]

Re: Susies UE Diary

if the document is illegible?? how can you assess it to see if its enforceable?

Im confused there

The document they sent was illegible, and the purchase report also said it was illegible, however they did send an unsigned reconstituted copy that was legible. I am also not 100% sure if the slip was from when the card was issued or if it was from an application form as they also sent the return address side of a flyer type application form - I am very confused!

Edited to add what would it cost to have a nice Paul headed paper letter sent to them - I wonder if they would change their attitude
2nd edit to add - when MBNA were calling and offering a very reduced f&f figure (well before I knew not to talk to them) they would have accepted £4k or the man said an offer very close to it which was what made me start to look on the internet and find out more about UE as I had seen things about it on MSE but not thought about it in relation to me if that makes sense. When I said to him that it must be UE he said that would be reasonable to assume (its doodled on the letter where I made notes!)

[Paul.]

Re: Susies UE Diary

Letter from Experto
They confirm that they sent a copy of my agreement compliant with S.78 and believe they have addressed the issues in the letter. They do not believe there is an outstanding dispute - pay up

if the document is illegible?? how can you assess it to see if its enforceable?

Im confused there

[Susie]

Re: Susies UE Diary

I would just send this if it were me------> Threat by Creditor - To Commence Litigation

Thanks I2D, I will it it to them asap

[Susie]

Re: Susies UE Diary

MBNA (sold to Experto Credite) sold on to Aktiv Kapital
Taken out end of 2003
CCA request sent July 2010
29th July reply received, reconstituted agreement with no signature.
11.9.10 Arrears letter received My formal arrangement to pay has fallen behind - I was not aware that I had made any arrangement to pay but a good try ;LOL
22.10.2010 Very kindly sent me some paperwork including a totally illegible bit that I had signed, (it was the size of a tear off payment strip that you have at the bottom of a bill) and the accompanying sheet from asset sales with customer name, account, sold to, and by the bit that says credit agreement they have typed illegible. I cannot read it and doubt anyone else could so have no idea if it has any of the prescribed terms on it but I do remember something about it still being UE? There is also a legible copy (probably reconstituted) with no signature that has terms and conditions on the back.
They consider they have satisfied their obligations uncer section 78 and now deem the matter to be enforcable.
11.11.2010 I replied veaying that it did not comply with the requirements and that the account would remain in dispute. So far nothing more from them.
27.1.2011 Letter from Credit Management Consultants saying that I have disregarded all efforts to resolve the situation amicably and that failure to respond within 7 days may result in solicitors being instr ucted to consider the following action - court claim being issued, judgement obtained, baliffs seizing goods, attachment of earnings, charging order etc Please contact them within 7 days to arrange payment of the o/s balance and who to make my payment to - interesting that EC have not replied to MY letter though!!.
Edited to add, What they sent as the "agreement" must have been t&c from an application form as there is a huge white space on the "front" page, and an address to send it back to on the reverse....
31.1 2011 Letter from HL solicitors saying if they do not get a reply they will be taking further action
2.2.2011 letter sent as per Niddy's instructions

2 offers made for f&f from a friend at approx 15 and 18% both rejected

3.11.2011 Letter today from Fairfax Solicitors
They have been instructed to obtain immediate settlement or to take appropriate recovery action if I do not pay. Payment to be made by last Monday or phone to agree a satisfactory solutoion to the matter.
They have authority to commence legal proceedings, do not underestimate the seriousness of the matter it is important to make payment or contact them as a matter of urgency.



- Note -
Going back through the paperwork, although there is a default on the CRA, I have no record of receiving either a default notice or termination notice from MBNA, not sure if this would make any difference to anything? the default date was 31st and the sold date was 20th of next month with 12 weekdays in between (not that it helps if no default notice was sent!) Probably clutching at straws here though!
I think a SAR to MBNA may be interesting and could throw up some charges but that will have to wait until a bit later unless its safe to sign it.

NID said - If you've not had a DN or TN then they cannot enforce, ordinarily, so leave things as they are and if they decide to take action we can look to defend based on these flaws.....

Obviously that is Paul's field.....
- end note -


8.11.2011 Experto have excelled themselves!!
I have my "credit agreement" the supposed reverse of it with a bit blacked out, the possible reverse of an application form, a rather interesting sheet and some t&c's.
I will upload the interesting sheet and the agreement and its reverse to the secure area for Niddy to have a gander at to see what he thinks about it.

Quote:
Originally Posted by Never-In-Doubt
Replied on secure thread, it is

Quote:
Originally Posted by Never-In-Doubt


I would blag it though, based on them sending you the actual sales sheet that states illegible next to credit agreement

So for clarity, I would send this and see what they respond with :---> CCA Query - Missing Prescribed Terms


9.11.2011 missing prescribed terms sent
15.4.2012 Account sold to Aktiv Kapital, I need to pay now, Experto still acting on this account.

Hopefully Experto will have paid something like 30p in the £ and Aktiv will have paid something like 20p in the £ if it gets sold a few times more it get to a level where a f&f will be possible if it ever got to them being nasty and trying court! Letter neatly filed along with the rest of them!
Received a letter from CMC saying if I pay £x amount a month I can get a discount of x% going to a maximum of 50% discount - ignored it but interesting that they are offering up to a 50% discount straight away.
1.8.2012 Received a final demand from CMC.
I have ignored all their attempts to contact me (all? I have hardly had a lot of letters from them), they are aware that I am
resident at the address,
ignoring their efforts to contact me
If I don't contact them to arrange payment they will have no alternative but to
refer my account to a doorstep collection agency
Refer to legal partner to progress via litigation
I must contact CMC now to make payment and avoid further action

Think I will send the threat of legal action letter unless anyone else has any other bright ideas?
Threat of legal action sent

Letter from Experto
They confirm that they sent a copy of my agreement compliant with S.78 and believe they have addressed the issues in the letter. They do not believe there is an outstanding dispute - pay up

[Deepie]

Re: Susies UE Diary

Letter now received from Drydenfairfax: They have been instructed by their clients to obtain immediate repayment of this or to take the appropriate recovery action. If payment is not received by Sunday they have the authority to commence legal proceedings. If the action becomes necessary there will be costs etc.
please do not underestimate the seriousness of this matter pay or contact urgently.

Am going to get the No CCA received sent out yet again to these, possibly also the threat of legal action?

I would just send this if it were me------> Threat by Creditor - To Commence Litigation

[Susie]

Re: Susies UE Diary

Lloyds card over £5k
Taken out 2002/03
12th July 2010: CCA request sent
8th Sept: Received a letter from collections, I need to give the matter the most urgent attention negative on credit rating possibility of legal action blah blah - filed with the others
10th Sept: Sent as per Niddy, this little beauty viewtopic.php?p=2316#p2316
30th Sept: YAY, letter received saying they are defaulting me ;-y apparantly they "may" take further action ;LOL
18.10.2010 CCA 1974 requires them to send notice because I have missed payments. Please contact them.
29.11.2020 Credit card in arrears and they cannoy authorise any transactions until its up to date - enclosed a direct debit form!!
2.12.1010 MHA collections letter, they are instructed by Lloyds TSB to recover arrears, if I do not immediately forward payment SCM solicitors may (word may noted!) commence legal proceedings against me.
28.12.2010 Letter sent as per Niddy instructions
9.1.2010 MHA letter received saying that as I am in financial difficulties they are offering a reduced monthly payment, seems christmas has made them all turn friendly and happy so thet are sending me lovely offers, really sweet of them but I feel it would not be fair to accept
24.1.2011 Letter received from Lloyds - they are looking into my complaint but it could take 28 days to respond! Filed as I have no problem waiting a bit longer
3.3.2011 Wescot letter received - sending template for no CCA received please go away as am going to the post office soon and it will save a trip again later. Hoping its the right thing to do.
14.4.2012 Letter received from Credit Security, payment to be made in 7 days to this office.
17.4.2012 Replied with No CCA received template.
21.4.2012 Letter from Credit Security they DEMAND that I pay IMMEDIATELY - I assumed this had crossed in the post so ignored.

Letter now received from Drydenfairfax: They have been instructed by their clients to obtain immediate repayment of this or to take the appropriate recovery action. If payment is not received by Sunday they have the authority to commence legal proceedings. If the action becomes necessary there will be costs etc.
please do not underestimate the seriousness of this matter pay or contact urgently.

Am going to get the No CCA received sent out yet again to these, possibly also the threat of legal action?