Susies UE Diary

[Susie]

Re: Susies UE Diary

Well a reply has been sent, lets hope they go to sleep for a while now!

[Susie]

Re: Susies UE Diary

need to keep them all on the run, a bit like juggling plates I suppose. a papertrail is always good

Very true, and I do like a good papertrail Most letters I do reply to just so that I can be seen as a good girl IF they ever decided that court was a way forwards. I don't think there are too many letters to me that have not had a reply! I just wish I could get rid of this one as its the only one I do really worry about, what happens will happen and I know Niddy and Paul are the best so I know I should stop being silly but thats easier said than done

[MrsD]

Re: Susies UE Diary

need to keep them all on the run, a bit like juggling plates I suppose. a papertrail is always good

[Susie]

Re: Susies UE Diary

thanks for the confirmation, I will get that out pronto. It was the Final Demand bit that made me think as this is the one I really do need to keep on the run if I can

[PlanB]

Re: Susies UE Diary

I have been sold on to Aktiv, it happened 15th April which is a few posts back, but Experto (CMC) are still collecting on their behalf so I am having to be very on my toes with it

I've also been sold to Akitiv but it seems Experto Credite remain the decison makers in your (and my) case. Fair enough. It's up to you how far you are willing to press their buttons and blag the situation vs your prospects at litiigation. You could win but if you're a property owner you need to think carefully before you gamble with the odds

[Susie]

Re: Susies UE Diary

CMC are in-house debt collectors for Experto Credite. The latter can issue a SD just like you or I can do the same. You don't need to be a solicitor to press the computer button for court proceedings.

But MBNA often get the paperwork wrong and I'm curious to know why you have not been sold on to either Aktiv, Vardis or Arrow unlike the rest of us which could chagne things

I have been sold on to Aktiv, it happened 15th April which is a few posts back, but Experto (CMC) are still collecting on their behalf so I am having to be very on my toes with it

[PlanB]

Re: Susies UE Diary

CMC are in-house debt collectors for Experto Credite. The latter can issue a SD just like you or I can do the same. You don't need to be a solicitor to press the computer button for court proceedings.

But MBNA often get the paperwork wrong and I'm curious to know why you have not been sold on to either Aktiv, Vardis or Arrow unlike the rest of us which could change things

[Susie]

Re: Susies UE Diary

We all need a Paul when push comes to shove but all I can add at this time is that a compliant CCA is only half the battle What Default Notice was sent to you for example?

Thats one of the bits of information I need to get sorted out in a few weeks

[PlanB]

Re: Susies UE Diary

Thanks, thats why I was wondering if anyone else had any ideas, its an interesting one but if they did go legal on me it would definitely need a Paul because of the way things are on it.
I want to get a letter out very quickly on it though to make sure they have an answer that makes them think before they act. I need another couple of months on this so I can get all my information lined up which I cannot do at the moment, hopefully in a few weeks I will be in a better position

We all need a Paul when push comes to shove but all I can add at this time is that a compliant CCA is only half the battle What Default Notice was sent to you for example?

[Susie]

Re: Susies UE Diary

Susie. If Niddy has said this account is enforceable then you may need to focus. Experto Credite issued me with a SD last year which Paul got shot of because the CCA "had issues"

I'm hoping you're in the same position

Here you go: http://forums.all-about-debt.co.uk/s...ead.php?t=2886

Thanks, thats why I was wondering if anyone else had any ideas, its an interesting one but if they did go legal on me it would definitely need a Paul because of the way things are on it.
I want to get a letter out very quickly on it though to make sure they have an answer that makes them think before they act. I need another couple of months on this so I can get all my information lined up which I cannot do at the moment, hopefully in a few weeks I will be in a better position

[PlanB]

Re: Susies UE Diary

Susie. If Niddy has said this account is enforceable then you may need to focus. Experto Credite issued me with a SD last year which Paul got shot of because the CCA "had issues"

I'm hoping you're in the same position

Here you go: http://forums.all-about-debt.co.uk/s...ead.php?t=2886

[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.

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?

[Susie]

Re: Susies diary

Mint card 2k Account closed after interest rate rise.
Taken out Jan/Feb 2005
CCA request sent 12th July 2010
29 July reply with application form and reconstituted agreement - unsigned
22.10.10 Notice of default sum
18.11.2010 Thanks for letter of 11 November concerning banks alleged breach of CCA, they have supplied a copy of credit agreement, original and current terms and statement showing outstanding balance therefore they have met their obligationsunder s78(1) to provide a copy of the executed agreement and they are satisfied they have complied with regulations expressly made for controlling what is a true copy.
No reason to enter into further correspondance re alleged CCA breaches, if I am not satisfied I can seek whatever legal redress I consider open to me.
They do not consider the account to be in dispute it remains payable and they will be seeking full repayment. They suggest I talk to citizens advice!!!
23.11.2010 Default notice Please read immediately. If I do not pay arrears account will be recorded as a default this will remain on my file for 6 years....
24.11.2010 Notice being sent as required by CCA 1974 as I am behind with my payments
24.11.2010 Account termination letter, my account will be reported to CRA's as a default if payment proposals have not been made within 28 days.
24.11.2010 Default sum notice - duly filed
Snip to take out DCA's who have gone away
17.11.2011 New DCA Wescot, sent bugger off letter
6.1.2012 received letter saying they intend to visit me as I have not been in contact, doorstep visit letter sent back to them.
22.2.2011 Had a reply from Wescot for Mint, account is on hold while they investigate yada yada yada. Taken them a while to write back but I will await their next missive when the investigation is complete, since I have no record of what I sent due to my laptop deciding to die and not having a hardcopy (lesson learnt) it will be interesting to get the reply

3.3.2012 Thick or what! received letter saying as I have not been in contact they will visit me unless I telephone them and agree a suitable method of repayment of on the telephone number above. Doorstep letter being sent again

30.3.2012 received letter from Wescott enclosing application form, copies of t&c and a statement so I assume I must have sent them the application form received letter. As I now have my agreement (well agreement and application both begin with a!!! ) they now require payment. Am ignoring and will see what arrives next.

Seems to have been passed on as I have received a letter from Regal credit saying as they have not heard from me (they have not written so how the hell am I supposed to know they want me to contact them! ) they were going to get an agent to call, so doorstep letter being sent yet again Think this account has had more doorstep letters sent than all the others put together.

[Susie]

Re: Susies UE Diary

MBNA (now 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.

[Susie]

Re: Susies UE Diary

Lloyds card £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.
29.11.2010 Credit card in arrears and they cannot 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.

Been away for a few days,
24.4.2012 Letter from Credit Security, They have been instructed to collect and payment required within 7 days.
25.4.2012 Sent off another of the no CCA received!!