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  • Re: Susies UE Diary

    Hiya all, been ofline for what seems like ages now but finally have internet and can get back on YAY!!

    Not a hell of a lot to update really,
    Playing tennis with DLC (Egg) and the CCA request as they say that all requests are to go to Egg and I reply with the template letter - currently ball is in their court but I am wondering if the latest delay in me getting a reply could be due to the sale of the card division to Barclays!

    Experto Credite (MBNA) I am trying to sort out a f&f with and awaiting their reply.

    Cap 1 is with Fredericksons and I have had a "we have confirmed that you are resident at this address" letter, I you laughed a hell of a lot and even thought about sending a congratulations card to them but it would cost me money so did not bother Anyway they have a bog off template letter and the account is now on hold while they make enquiries....


    Mint I have told to bog off until I get the proper paperwork so I again ball in their court.

    Armed with what appear to now be old template letters I have held them off and now I have access that is mine I can post for advice and hopefully put some of these to bed.


    Hope all is well in Niddyland and with everyone here, site looks terrific so loads of work has been done while I was away.
    Last edited by Susie; 24 June 2011, 14:05.
    When you have nothing you have nothing to lose

    Comment


    • Re: Susies UE Diary

      Hiya

      All templates have been redone and are live here: ---> Templates - Unenforceability

      I would sit back and wait on correspondence before sending anything, now you're online again you'll be able to post as and when a lender/dca writes to you won't you?
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • Re: Susies UE Diary

        Oh yes, now I am online again it will be post and ask before anything gets sent out, I was just trying to keep things smooth until I had access without prying eyes over my shoulder.


        Spoke too soon re Cap 1 Letter from Bryan Carter today saying court action will be taken. I will have to email them VERY quickly to get whatever letter you think fit to send to them in time to try and stop it.
        I read the post about the f&f from a 3rd party on another part of the forum and am wondering if with this it may be worth trying it and possibly doing it through a soliciitor as well for extra protection? At this point it may well be worth a shot?
        Cap 1 credit card £4k
        Estimated start 2004
        12th July 2010: CCA request sent
        6th August: Received reply with a reconstituted agreement + copy of the Application certificate that has a bit of a credit agreement at the bottom where I signed.
        13th Sept: Sent viewtopic.php?p=1624#p1624
        1st October: Received letter saying they have complied with S78 by providing reconstituted terms and scanned copy of signature page of original agreement (its the application form that was signed). No further correspondance from them, agreement is enforcable and will be treated as such, pay up! Goes on to refer me to warnings issued by MOJ if I am using a claims management company ;LOL Its their final response, so I am filing it and ignoring them.

        17.10.2010 Default served under S87 of CCA 1974, payment must reach them within 28 days, if payment is made in that time no further action will be taken.
        20.10.2010 Notice of sum in arrears
        29.10.2010 Letter saying its important to act now to avoid further action
        19.11.2010 Letter saying officially in default, account terminated
        23.1.2010 letter from FTC, they have been appointed their managing agent, and payment must be sent without delay.
        1.12.2010 letter from FTC, I have chosen not to deal with this matter despite previous communication contact us now to discuss a suitable solution to this matter. Against the rules I know, but I phoned them and just said the account was in dispute with Cap 1, I would not say more or why it was in dispute so pissed the person off bigtime as I would not answer his question but the account is on hold and I have 14 days to write to them.
        31.1.2011 Letter fron Capquest saying pay up or else, will send letter re doorstep visit and await instructions as to anything further that needs sending!

        10.2.2011 Letter from Capquest saying (in a nutshell) I have no CC judgements against me at the address and they are trying to help, please contact them as they may reccomend court action.
        Not sending it to you as it seems to be a standard letter that you have seen many times before
        12.2.2011 sent the Threat by Lender/D.C.A - To commence litigation
        14.2.2011 probably crossed in the post with my letter, I received an income and expenditure + other creditors form from Crapquest - duly filed until I have a ton of paper that can be recycled
        23.2.2011 Letter from Capquest, they were unaware of the dispute and are returning the account to Cap1 sooooo ready for round 3, who will be the (un)lucky person to have it passed to them!!
        24.2.2011 Letter from Cap1 saying debt had been returned to them and that I must keep up payments.
        13.4.2011 Letter from Fredericksons saying they are collecting the debt - ignored
        21.4.2011 Letter from Fredericksons saying pay upor court action will be taken.
        28.4.2011 Confirmed resident card from Fredericksons saying the account is seriously in arrears and trace enquiries showed me as living at this address!!
        29.4.2011 I sent letter to Frederickson (template for account is formally in dispute with Cap1 andhad been since xx.xx.xxxx)
        11.5.2011 Letter from Frederickson saying referred to their client and account is on hold.
        Today, Letter from Bryan Carter saying court action will be taken

        Last edited by Susie; 25 June 2011, 10:13.
        When you have nothing you have nothing to lose

        Comment


        • Re: Susies UE Diary

          Originally posted by Susie View Post
          Oh yes, now I am online again it will be post and ask before anything gets sent out, I was just trying to keep things smooth until I had access without prying eyes over my shoulder.


          Spoke too soon re Cap 1 Letter from Bryan Carter today saying court action will be taken. I will have to email them VERY quickly to get whatever letter you think fit to send to them in time to try and stop it.
          I read the post about the f&f from a 3rd party on another part of the forum and am wondering if with this it may be worth trying it and possibly doing it through a soliciitor as well for extra protection? At this point it may well be worth a shot?
          They originally sent a recon didn't they, a bad one as well if I recall?

          Ignore the F&F for now, that's not relevant here...

          Just send this back to Bryan Carter: Threat by Creditor - To Commence Litigation
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • Re: Susies UE Diary

            Originally posted by Never-In-Doubt View Post
            They originally sent a recon didn't they, a bad one as well if I recall?

            Ignore the F&F for now, that's not relevant here...

            Just send this back to Bryan Carter: Threat by Creditor - To Commence Litigation
            Many thanks, I will get it out today.

            they sent a the application form and at the bottom it has about 2 1/2" at of very small print, headed Credit Card Account Agreement, and the small print starts "Please issue me a Cap1 credit card and PIN I confirm the information I have given....." it does have a box with the percentages in. It was accompanied by 3 double sided pages (un numbered) headed credit agreement regulated by the Consumer Credit Act 1974
            Last edited by Susie; 27 June 2011, 11:21. Reason: There is no o in agreement!
            When you have nothing you have nothing to lose

            Comment


            • Re: Susies UE Diary

              Originally posted by Susie View Post
              Many thanks, I will get it out today.
              Keep us updated
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • Re: Susies UE Diary

                Cap 1 credit card £4k
                Estimated start 2004
                12th July 2010: CCA request sent
                6th August: Received reply with a reconstituted agreement + copy of the Application certificate that has a bit of a credit agreement at the bottom where I signed.
                13th Sept: Sent viewtopic.php?p=1624#p1624
                1st October: Received letter saying they have complied with S78 by providing reconstituted terms and scanned copy of signature page of original agreement (its the application form that was signed). No further correspondance from them, agreement is enforcable and will be treated as such, pay up! Goes on to refer me to warnings issued by MOJ if I am using a claims management company ;LOL Its their final response, so I am filing it and ignoring them.

                17.10.2010 Default served under S87 of CCA 1974, payment must reach them within 28 days, if payment is made in that time no further action will be taken.
                20.10.2010 Notice of sum in arrears
                29.10.2010 Letter saying its important to act now to avoid further action
                19.11.2010 Letter saying officially in default, account terminated
                23.1.2010 letter from FTC, they have been appointed their managing agent, and payment must be sent without delay.
                1.12.2010 letter from FTC, I have chosen not to deal with this matter despite previous communication contact us now to discuss a suitable solution to this matter. Against the rules I know, but I phoned them and just said the account was in dispute with Cap 1, I would not say more or why it was in dispute so pissed the person off bigtime as I would not answer his question but the account is on hold and I have 14 days to write to them.
                31.1.2011 Letter fron Capquest saying pay up or else, will send letter re doorstep visit and await instructions as to anything further that needs sending!

                10.2.2011 Letter from Capquest saying (in a nutshell) I have no CC judgements against me at the address and they are trying to help, please contact them as they may reccomend court action.
                Not sending it to you as it seems to be a standard letter that you have seen many times before
                12.2.2011 sent the Threat by Lender/D.C.A - To commence litigation
                14.2.2011 probably crossed in the post with my letter, I received an income and expenditure + other creditors form from Crapquest - duly filed until I have a ton of paper that can be recycled
                23.2.2011 Letter from Capquest, they were unaware of the dispute and are returning the account to Cap1 sooooo ready for round 3, who will be the (un)lucky person to have it passed to them!!
                24.2.2011 Letter from Cap1 saying debt had been returned to them and that I must keep up payments.
                13.4.2011 Letter from Fredericksons saying they are collecting the debt - ignored
                21.4.2011 Letter from Fredericksons saying pay upor court action will be taken.
                28.4.2011 Confirmed resident card from Fredericksons saying the account is seriously in arrears and trace enquiries showed me as living at this address!!
                29.4.2011 I sent letter to Frederickson (template for account is formally in dispute with Cap1 andhad been since xx.xx.xxxx)
                11.5.2011 Letter from Frederickson saying referred to their client and account is on hold.
                25.7.2011, Letter from Bryan Carter saying court action will be taken
                27.6.2011 Sent letter to BC threat of legal action
                1.7.2011 Received a letter from Fredericksons saying I have not replied to BC and they are giving me a last chance to pay before they reccomend legal action. Also they are prepared to accept a f&f settlement if I phone them within 48 hours of getting the letter 48 hour countdown starts now
                When you have nothing you have nothing to lose

                Comment


                • Re: Susies UE Diary

                  Well middle of last year when I was awaiting the outcome of the court case I played it safe and came to an agreement to pay what was an affordable amount each month so if things went the wrong way at court I wa being nice and if it did not I could stop paying and go for UE.
                  In December they wrote saying that they wanted full payment or they were going to go for a charging order on my house, I emailed you the letter explained why and that had the numbers on it.
                  All quiet since then until this arrived
                  The account has a signature and although it was the wrong wording on it thats no good because of the court case
                  As you know a CCA request was sent to DLC, I have been batting the cheque (from a friend and I am not sure if its cleared yet) back to them as they were saying Egg want it sent directly to them. So far I have not received anything from Egg in response.

                  Today I received a letter from them on behalf of Egg Banking (so its not been sold to Barclays) saying that I have been making regular payments but they need to increase in order to clear the debt as soon as possible. If I do not respond it may result in my installment rights being withdrawn.
                  Last edited by Susie; 1 July 2011, 11:49.
                  When you have nothing you have nothing to lose

                  Comment


                  • Re: Susies UE Diary

                    I'd reply referring them to your IE Sheet and saying that unfortunately this is not possible. You'll continue to make the agreed payments and if they want to withdraw the right for you to pay in installments you will be forced to reduce your payment to a token amount.

                    Comment


                    • Re: Susies UE Diary

                      Thanks Caspar, I did wonder if it was worth trying to totally confuse them by paying extra as and when I have it, means payments will not be the same every month though and so the standing order would need changing every time!

                      Just seen the blog entry by Scorpio about the Lloyds branches sell off (I had not known anything about it) and joy of joys the branch I am with is on the list. Oh well its got a long way to go until it happens but yet another name on a letterhead will pop their letters to me at some point
                      When you have nothing you have nothing to lose

                      Comment


                      • Re: Susies UE Diary

                        Originally posted by Susie View Post
                        As you know a CCA request was sent to DLC, I have been batting the cheque (from a friend and I am not sure if its cleared yet) back to them as they were saying Egg want it sent directly to them. So far I have not received anything from Egg in response.

                        1.7.2011 I received a letter from them on behalf of Egg Banking (so its not been sold to Barclays) saying that I have been making regular payments but they need to increase in order to clear the debt as soon as possible. If I do not respond it may result in my installment rights being withdrawn.
                        Well middle of last year when I was awaiting the outcome of the court case I played it safe and came to an agreement to pay what was an affordable amount each month so if things went the wrong way at court I wa being nice and if it did not I could stop paying and go for UE.
                        In December they wrote saying that they wanted full payment or they were going to go for a charging order on my house, I emailed you the letter explained why and that had the numbers on it.
                        All quiet since then until this arrived
                        The account has a signature and although it was the wrong wording on it thats no good because of the court case
                        Sent a letter to DLC saying that nothing had changed and that I would pay as per the agreement.
                        Today, they say they don't have a contact number for me and please contact them urgently on .......
                        Now let me think, do I really want to call them
                        When you have nothing you have nothing to lose

                        Comment


                        • Re: Susies UE Diary

                          Originally posted by Susie View Post
                          Sent a letter to DLC saying that nothing had changed and that I would pay as per the agreement.
                          Today, they say they don't have a contact number for me and please contact them urgently on .......
                          Now let me think, do I really want to call them
                          If you don't possess a contact number you can't call them can you!

                          Comment


                          • Re: Susies UE Diary

                            Originally posted by Susie View Post
                            1.7.2011 Received a letter from Fredericksons saying I have not replied to BC and they are giving me a last chance to pay before they reccomend legal action. Also they are prepared to accept a f&f settlement if I phone them within 48 hours of getting the letter 48 hour countdown starts now
                            Send this back: Threat by Creditor - To Commence Litigation
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • Re: Susies UE Diary

                              Originally posted by Susie View Post
                              As you know a CCA request was sent to DLC, I have been batting the cheque (from a friend and I am not sure if its cleared yet) back to them as they were saying Egg want it sent directly to them. So far I have not received anything from Egg in response.

                              Today I received a letter from them on behalf of Egg Banking (so its not been sold to Barclays) saying that I have been making regular payments but they need to increase in order to clear the debt as soon as possible. If I do not respond it may result in my installment rights being withdrawn.
                              Are you making payments? Why....?

                              Confused....
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment


                              • Re: Susies UE Diary

                                Originally posted by Never-In-Doubt View Post
                                Thanks, will do
                                When you have nothing you have nothing to lose

                                Comment

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