Susies UE Diary

[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.
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

Letter today admitting that they have no CCA due to the age of the account and the fact that they are only required to keep documents for 6 years. as they have evidence from statements as to how this debt occured they want my I&E and my proposals as to how I am going to repay it.


On another topic, after reading a thread on here I need to urgently sort out another address as the redirection runs out in 2 weeks and after that I will not get any mail so need to move my backside on that

[MrsD]

Re: Susies UE Diary

good one with lloyds

[Susie]

Re: Susies UE Diary

Thanks it is good :-) not sure what they will do to take it further after the 30 days when I don't respond but I'm sure I will find out at some point!

[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?
31.1.2013Looks 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

Looks like I made it as I have received a letter from Quontum, please contact us, we want to help, make us an offer - they are prepared to consider any reasonable offer, bet they would not think what I would offer was reasonable

[SA Gold]

Re: Susies UE Diary

make us an offer - they are prepared to consider any reasonable offer

how about nothing, zero, nada

[Susie]

Re: Susies UE Diary

how about nothing, zero, nada

Pretty much what I was thinking of paying even if I wanted to there not a lot more than that available at the moment!

[The Tech Clerk]

Re: Susies UE Diary

Pretty much what I was thinking of paying even if I wanted to there not a lot more than that available at the moment!

Oh! so generous to the core

[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.
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?

28.9.2012 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

27.2.2013 Letter today admitting that they have no CCA due to the age of the account and the fact that they are only required to keep documents for 6 years. as they have evidence from statements as to how this debt occured they want my I&E and my proposals as to how I am going to repay it.


On another topic, after reading a thread on here I need to urgently sort out another address as the redirection runs out in 2 weeks and after that I will not get any mail so need to move my backside on that

Today a letter from Moorcrap wanting this account paid, now considering the contents of the letter of 27th let me see........

[Susie]

Re: Susies UE Diary

Just an update on not a lot really. Things have been a bit too quiet on the letter front which is worrying me There is one that has me not being able to sleep at night, dreading the post coming with a letter and worrying myself silly when there is not a letter. Its the not knowing thats killing me, and yes I know I'm being stupid but telling myself that does not help things, spending the nights wanting to bawl my eyes out over whats really nothing is so stupid and I feellike a complete idiot.
My problem is the time it takes to receive mail so IF a claim or worse was issued I would be in the poo because it takes a couple of weeks to get to me. If registered mail was sent or something was hand delivered I would not get it at all because those are not forwarded at all which is probably the most worrying thing for me
I am looking at changing the posted address to somewhere that will email stuff to me as a temporary thing but then if they turned up at the postal address I don't know if I would trust them not to give someone my current address so that would worry me as well - on the plus side at least I have lost some weight but I'm really not sure its the way I wanted it to happen. Oh well, sorry for the depressing post but at least its only the one debt thats really got me worried and it could be a lot worse.

[ken100464]

Re: Susies UE Diary

Hey Susie

We all have days like this so no need to apologise.

Which is the one thats getting you down? The fact they have seemingly gone away to scratch their braincell is good. If they felt they were on firm ground they would be writing to you. For me they are presently confused as what to do hence no correspondence.

Forgive me I havnt read through your full diary but why is the post so bad for you? Perhaps someone on here could offer some advice on how to sort that out for you. Least you would then feel empowered you are doing something. Post up why its so slow. Are you on the space station?

[Susie]

Re: Susies UE Diary

Thanks Ken, post takes ages because I am not in the country and a few things have not arrived that I know about hence the panic about other things going astray, I have been looking at various places for accommodation addresses but not seen quite what I am looking for yet
The one that worries me most appears to be known for going quiet and then hitting with a nasty and thats what I am having a very hard time with and even though I know worrying is a waste of time my brain just will not stop it.

[Susie]

Re: Susies UE Diary

I have spent some time looking at accommodation addresses and am going round in circles I think I am looking for the impossible but thought I would throw the question to anyone with more experience than me. Firstly it needs to gave a short notice period for cancellation, also needs to forward a letter as it arrives as its very important that things get to me fast (would prefer one that sends stuff by scan/email but I am waiting for one that will do that hence the short notice period needed ), also I would prefer one that does not cost a lot as its only going to be for 1 company at the moment as there is no point changing a few and then changing them all again later.
Does anyone have any reccomendations or warnings for a service that they or a friend have used or do I just pick one and hope for the best?

[Pixie]

Re: Susies UE Diary

I'm sorry Susie, I don't have any suggestions as I've never needed to use an accommodation address but just want to send you

I missed your post on 28th June but I understand what it feels like as I've been having quite a few nights like that recently (over a non-debt related matter)

[Susie]

Re: Susies UE Diary

Thank you Pixie, I hope your problem gets sorted out quickly, its horrible when you get like this

[Pixie]

Re: Susies UE Diary

Thanks Susie, it's in the process of being sorted x