Elsie52's UE Diary

[5corpio]

Re: Elsie52's UE journey

Hiya Scorpio

I wonder how many of our creditors would have re thought things had they known that we would eventually go down this route.

Lets hope the next 6 years goes without too much hassle.

Nice to put down 6 Holidays curtisy of them..... ;-y

[MrsD]

Re: Elsie52's UE journey

Hi Elsie

I was away to the far North, back now to a cheeky wee letter from Lloys, they've got a right brass neck!! Thank you for asking!

[Elsie52]

Re: Elsie52's UE journey

Morning all.

OH just rang - he has had Mercers ring him at work........first time they have done it, and fortunately for him he is not in his work place very often - he is usually out and about. He told them not to ring him again at work, will monitor how they go and if the continue will send of the appropriate template letter.

Still waiting for postie....hope he doesn't have anything horrible.

[Elsie52]

Re: Elsie52's UE journey

Postie has just been, brought with him a letter from Power2contact.......saying Mercers have engaged them to collect outstanding arrears. Call to discuss immediately.!..If we don't contact them within 72 hours they will "Instruct one of their Contact Managers to conduct a pre-legal visit by calling at the above address to discuss. If not resolved it could lead to Client taking following action.

Instigating Legal proceedings to secure a CCJ -

Enforcing an Attachment of Earnings to gain repayment from Employer. ;EEK

Registering a Charging Order against property.(In Local authority rented property).

What should we do if anything Niddy.?

Thanks.

[Never-In-Doubt]

Re: Elsie52's UE journey

Hiya

Do not worry, they will not be able to do anything they threatened..... just send this to get them wise: viewtopic.php?p=2319#p2319

It basically tells them the law, and is updated (as at 3am this morning) to reflect changes in law upto 31st August so it is bang up to date! All the new templates are!

Regards to the calls at work, get this sent to stop is becomming habit: viewtopic.php?p=181#p181

And regards to power2contact's threat of visit - ignore it, the main letter above spells out your intentions to them ;--G

Remember don't be worrying, Niddy is here

[5corpio]

Re: Elsie52's UE journey

Postie has just been, brought with him a letter from Power2contact.......saying Mercers have engaged them to collect outstanding arrears. Call to discuss immediately.!..If we don't contact them within 72 hours they will "Instruct one of their Contact Managers to conduct a pre-legal visit by calling at the above address to discuss. If not resolved it could lead to Client taking following action.
Instigating Legal proceedings to secure a CCJ -
Enforcing an Attachment of Earnings to gain repayment from Employer. ;EEK
Registering a Charging Order against property.(In Local authority rented property).
What should we do if anything Niddy.?
Thanks.

Hang in there Elsie (if its UE - they can't do owt).....i've sent a letter that Niddy done for me (same as the link), and they came back with 'wont enforce it'

;Spank those Mercers, Resolvecall, Power2contact ([size=5]What a lousey debt business name)

[Never-In-Doubt]

Re: Elsie52's UE journey

Hang in there Elsie (if its UE - they can't do owt).....i've sent a letter that Niddy done for me (same as the link), and they came back with 'wont enforce it'

;Spank those Mercers, Resolvecall, Power2contact ([size=5]What a lousey debt business name)

Thanks mate, you're spot on - they aint got a leg to stand on either! This (blue text below) is the new parts of the templates, that pretty much spells out the recent Carey case and answers everyone on here that wondered what it means...

I also appreciate and understand the provision of the recent Carey v HSBC {and others} case that stipluates a reconstituted agreement can be provided; however I am disputing the actual existence of such an original which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original, then a recon cannot be produced.

So, as before ladies and gents - they can produce a recon, sure - but they'd struggle in court with one unless they had the actual original to prove the same terms applied. That said, i'm doing a part in this category about CPR31.14 which puts them to task to prove they have an original or declare not - if they declare not we'd use that to win the s.78 case - see how it all falls into place?

This is my next move, taking the fight to the lenders and starting legal action on them so we can start to get difinitve UE letters from them, Lloyds is on my shit list!

[Elsie52]

Re: Elsie52's UE journey

Thanks so much Niddy, I really would not have the bottle to go this alone.....wouldn't know what to do next.

Letters done and ready to go. They really have a brass neck, we CCA's these on the 19th April and have not had one thing back from them.!! except letters saying we are in arrears etc, and then the threats of doorstep visits etc.

Waiting with anticipation on your next project and Lloyds. ;Spank ;Spank

[Elsie52]

Re: Elsie52's UE journey

Postie has just been, brought with him a letter from Power2contact.......saying Mercers have engaged them to collect outstanding arrears. Call to discuss immediately.!..If we don't contact them within 72 hours they will "Instruct one of their Contact Managers to conduct a pre-legal visit by calling at the above address to discuss. If not resolved it could lead to Client taking following action.
Instigating Legal proceedings to secure a CCJ -
Enforcing an Attachment of Earnings to gain repayment from Employer. ;EEK
Registering a Charging Order against property.(In Local authority rented property).
What should we do if anything Niddy.?
Thanks.

Hang in there Elsie (if its UE - they can't do owt).....i've sent a letter that Niddy done for me (same as the link), and they came back with 'wont enforce it'

;Spank those Mercers, Resolvecall, Power2contact ([size=5]What a lousey debt business name)

Thanks for the encouragement Scorpio.....I am now hoping for the same outcome that you had. ;oo ;oo

[Never-In-Doubt]

Re: Elsie52's UE journey

Thanks for the encouragement Scorpio.....I am now hoping for the same outcome that you had. ;oo ;oo

Yea, that's the spirit

[Elsie52]

Re: Elsie52's UE journey

All quiet here, nothing in the post for a few days now...... ;Sh

Will update as and when. 2

Glad to hear DD is home Niddy, even if she has got that l6 yo attitude.......my 5 year old grandaughter has got "attitude ", but my mother says its " Character".!! Yeah right.

[Never-In-Doubt]

Re: Elsie52's UE journey

Lol, thanks! Glad all is quiet at your end.....

[5corpio]

Re: Elsie52's UE journey

All quiet here, nothing in the post for a few days now...... ;Sh

Will update as and when. 2

No Post here either...... for the past few days....They not on strike are they? or is there a Secret Society who collects DCA Mail and shreds them for you.... ;-y

[Elsie52]

Re: Elsie52's UE journey

What a nice thought that is Scorpio..........

Perhaps if there are any DCA's reading our posts, they could consider your suggestion.!!lol

[Never-In-Doubt]

Re: Elsie52's UE journey

;LOL ;LOL ;LOL ;LOL ;LOL

5corpio has been on Niddy's fave pastime gh