Susies UE Diary

[Susie]

Re: Susies UE Diary

Well it would appear that Wescot are the new DCA's on the block for 2 of my accounts. I'm pretty sure I have had them before for something and got shot of them fairly easily so will see what it was that frightened them

Mint card is with them and they want paying - Going to send a bugger off letter!

Had a reply from Wescot for Mint, account is on hold while they investigate yada yada yada. Taken them a few months 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

[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

[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.

[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.

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!

[PlanB]

Re: Susies UE Diary

I wonder why Experto Credite have sold your account if you've already made a F & F offer? They may have rejected the 18% of face value offer (which is probably all they paid for it in the first place) but at least it shows you are considering payment and they should have smelt money

But maybe it's a good thing since issuing SDs is often Experto's first tool for serious collection on an account (I got one) so kissing them goodbye could be good news for you in the grand scheme of things

[Paul.]

Re: Susies UE Diary

May i have a look at the agreement ?

Enforceable is often found not to be, and vice versa, plus id also say its only UE when a court orders so.

so it costs nowt to check the agreement

[PlanB]

Re: Susies UE Diary

Susie I can't see the balance outstanding anywhere

This account has already been with HL solicitors with a threat of court action. If they are so convinced it's enforceable then why haven't they issued a summons which would only cost them a few quid to have a go Perhaps they're selling it on because the CCA is a dud Get it checked out if I were you

[Never-In-Doubt]

Re: Susies UE Diary

I've not missed anything here have I? ie they're not looking to enforce anything are they?

Please do send Paul the agreement, he does a more in depth search than me (solicitors that have too much time an all that ) so he may notice an error that I missed but at this stage I'd not worry. They're just shouting their usual threats!!!

[Paul.]

Re: Susies UE Diary

I've not missed anything here have I? ie they're not looking to enforce anything are they?

Please do send Paul the agreement, he does a more in depth search than me (solicitors that have too much time an all that ) so he may notice an error that I missed but at this stage I'd not worry. They're just shouting their usual threats!!!

Better to be the proactive consumer than the filty debt avoider though

[Susie]

Re: Susies UE Diary

I wonder why Experto Credite have sold your account if you've already made a F & F offer? They may have rejected the 18% of face value offer (which is probably all they paid for it in the first place) but at least it shows you are considering payment and they should have smelt money

But maybe it's a good thing since issuing SDs is often Experto's first tool for serious collection on an account (I got one) so kissing them goodbye could be good news for you in the grand scheme of things

Well from a posting in the blog area from Scorpio AK financed the purchase of the £470m Varde portfolio by having a $50m loan (not sure if that really should be $ as it would be even less in £) which if it was the whole of the amount would mean they had paid £0.11p in the £ for it. Now considering they turned down 18% from me and I suspect other people may have offered more as well so they could have had a fair few thousand more profit than they got which is a bit silly of them.
Its still with Experto for collection, but not owned by Varde any more so sadly the possibility of SD is still there, although I have no idea if its an Experto thing or if it was something that Varde wanted Experto to do. Will see what happens now its with Aktiv

May i have a look at the agreement ?

Enforceable is often found not to be, and vice versa, plus id also say its only UE when a court orders so.

so it costs nowt to check the agreement

Of course you can see it, I will find your email and send it to you along with a couple of interesting pages they sent with it!

Susie I can't see the balance outstanding anywhere

This account has already been with HL solicitors with a threat of court action. If they are so convinced it's enforceable then why haven't they issued a summons which would only cost them a few quid to have a go Perhaps they're selling it on because the CCA is a dud Get it checked out if I were you

Its under £20k and the biggest of everything I have hence my panic attack a while back when they were throwing SD's around! I have no idea why they sold it or backed down, perhaps the template letter made them think there was something wrong and they had not actually looked at the paperwork, most solicitor letters are requested by the DCA and at the time the DCA is unlikely to have had any paperwork that they could send to the solicitor so could they have been acting blind and hoping for a quick result?

I've not missed anything here have I? ie they're not looking to enforce anything are they?

Please do send Paul the agreement, he does a more in depth search than me (solicitors that have too much time an all that ) so he may notice an error that I missed but at this stage I'd not worry. They're just shouting their usual threats!!!

Thank you, I am not over worried about it right now, but will send it to Paul regardless as its probably an interesting one for him with their extra paper!! and await their next missive.

[Never-In-Doubt]

Re: Susies UE Diary

I'll pm you Paul's email.

[Susie]

Re: Susies UE Diary

Better to be the proactive consumer than the filty debt avoider though

Well since I do like to reply to most letters (even if it is basically saying bog off!) and have made the offers I think I can be seen as a nice person who is trying with the help of friends to pay their debts

I'll pm you Paul's email.

Thank you, I have found the images and will send them now

[PlanB]

Re: Susies UE Diary

Well from a posting in the blog area from Scorpio AK financed the purchase of the £470m Varde portfolio --->Aktiv acquires £470m MBNA portfolio - allaboutFORUMS by having a $50m loan (not sure if that really should be $ as it would be even less in £) which if it was the whole of the amount would mean they had paid £0.11p in the £ for it. Now considering they turned down 18% from me and I suspect other people may have offered more as well so they could have had a fair few thousand more profit than they got which is a bit silly of them.
Its still with Experto for collection, but not owned by Varde any more so sadly the possibility of SD is still there, although I have no idea if its an Experto thing or if it was something that Varde wanted Experto to do. Will see what happens now its with Aktiv
.

^^^ I can't find that post about AK so would someone be kind enough to help me I still have some unfinished business with Varde and I need to keep my eye on the ball


EDIT: I've found the blog now. I wasn't logged in and the screen was asking me to input Image Verifcation with six numbers which just looked like squiggles which I couldn't decipher. I logged in and all ok. Sorry to be so stupid

EDIT No 2: since then the Link Fairy came along and added it to the top of this post. You get really spoilt on this website

[PlanB]

Re: Susies UE Diary

Well fancy that. I also got a letter from AK today

It was sent to the address which MBNA/Varde/Experto Credite/AK still think I live at which I don't but thanks to Royal Mail re-diract I'm still in the loop

I'm going to post up about this in the legal section where there is history of my SD

[Susie]

Re: Susies UE Diary

Well fancy that. I also got a letter from AK today

It was sent to the address which MBNA/Varde/Experto Credite/AK still think I live at which I don't but thanks to Royal Mail re-diract I'm still in the loop

I'm going to post up about this in the legal section where there is history of my SD

Perhaps they are sending them out in batches and your surname is further along in the alphabet than mine is