Free's UE Diary

[Free]

Re: Free's UE Diary

Hi Just another quick update.

Just received 2 letters from Lowell re B/card and MSDW.

Nice and fluffy letters stating we are here to help and Make us an offer.

Thanks

[MrsD]

Re: Free's UE Diary

that's fine Free, just hang on in there, unfortunately impossible to second guess what the muppets will do, they haven't got a clue!

I'm a poet etc.................

[Free]

Re: Free's UE Diary

Hi All,

Just an update.

I have just received two letters

1. Lowell (Littlewoods Account) stating that they have requested a copy of my CCA.

2. 1st Credit (BOS) in the letter they are requesting copy invoices ???? No mention of a CCA request. They continue by saying “once you have received copies of these invoices we will expect immediate settlement of the balance outstanding”.

So I am just waiting to see what they turn up with.

[Never-In-Doubt]

Re: Free's UE Diary

There is a number of things I am unhappy with and unsure of.

1. Why has this company bought this debt without a CCA

Why not? Don't worry about it, you aint paying it are you? Let them waste good money after bad - their loss

There is a number of things I am unhappy with and unsure of.
2. I thought that the 12 days was none negotiable

14 days, but that only puts them into default meaning they cannot enforce against the agreement, however we don't chase them into doing things right - we leave it in default and let them make more and more mistakes then if they try and enforce it we use those mistakes against them....

There is a number of things I am unhappy with and unsure of.
3. This is already in default with Barclaycard almost 3 years ago due to a none enforceable CCA

Default in what respect? You mean you sent a CCA request off 3 years ago? if so, doesn't matter - at any point between it being deemed UE, and statute barred, if they conjure up a recon that satisfies Carey then the account comes out of UE back into play. However that said, the status of the account doesn't matter one iota - what does matter is the default date, as after 6yrs whether paid or not it'll then drop off your file, after 6 years of non acknowledgement (5 oop norf), it'll then become statute barred in which case you can then be safe that no matter what they conjure up, it's irrelevant.

Basic UE principles mate - read the user guides, it's all there

Any case let’s see what comes next

Yea, just relax somewhat

[garlok]

Re: Free's UE Diary

Concur completely Diddly

regards
Garlok

[diddlydee]

Re: Free's UE Diary

Hi Free.

The DCA's buy these debts "en masse" on the cheap; some will give them revenue, some won't!

They are supposed to reply with a CCA within the given period, and once they don't, they are in default - and it is for this reason that we follow the procedure of not paying till they do.

I hope this enlightens you slightly......like you say, see what comes next

[Free]

Re: Free's UE Diary

Well well well,
I received a letter from Lowell’s AKA Red - Hamptons Legal etc etc

They state that they note my comments that the account is in dispute with Barclaycard (Littlewoods account), they state they have queried this with Barclaycard and will advise me of their response.

They continue by saying - that we have however requested a copy of the credit agreement in accordance with section 77 (1) and or 78 (1) of the consumer credit act 1974 from Barclaycard together with statements.

They say – whilst we will endeavour to reply to you with the requested information within 12 working day prescribed period by the Consumer credit Act, you will appreciate this is dependent on receipt of the agreement from the original lender. We will advise you further if it takes longer than the prescribed period.

There is a number of things I am unhappy with and unsure of.

1. Why has this company bought this debt without a CCA
2. I thought that the 12 days was none negotiable
3. This is already in default with Barclaycard almost 3 years ago due to a none enforceable CCA

Any case let’s see what comes next

Thanks Free

[Free]

Re: Free's UE Diary

Hi,

1st Credit

I have read this with great interest.

How is this company in existence?

[Never-In-Doubt]

Re: Free's UE Diary

See this - interesting and relevant!

---> Leixlip1 v 1st/Halifax - allaboutFORUMS

[Never-In-Doubt]

Re: Free's UE Diary

Besta luck matey

[Free]

Re: Free's UE Diary

Hi,

Thanks

Letters have been sent recorded.

Lets see what comes back!

[Never-In-Doubt]

Re: Free's UE Diary

Hi,

It’s being a busy day for the post man

I have received letters from

1.Hamptons Legal (Littlewoods) account stating that After repeated requests, I am contractually responsible for this debt, unless I send payment we may prepare for more serious action

2.1st Credit (Bank of Scot) Legal Proceedings being considered

Niddy says both are unenforceable.

I have filed them

No, don't ignore - send these:

1.Hamptons Legal (Littlewoods) - send this: Threat by Creditor - Threat-o-Gram Letter Before Action

2.1st Credit (Bank of Scot) - send this: Threat by Creditor - To Commence Litigation

[Free]

Re: Free's UE Diary

Hi,

It’s being a busy day for the post man

I have received letters from

1.Hamptons Legal (Littlewoods) account stating that After repeated requests, I am contractually responsible for this debt, unless I send payment we may prepare for more serious action

2.1st Credit (Bank of Scot) Legal Proceedings being considered

Niddy says both are unenforceable.

I have filed them

[Never-In-Doubt]

Re: Free's UE Diary

Thanks for sending the CCA - this is simply and application, however what they quote in their cover letter is utter bollox as in order to satisfy s.78 they need to send the agreement PLUS the original linked terms to that agreement plus any varied terms along with the current terms (so at least 3 copies, but they could if they wanted send the existing ones plus current ones) - as they have only sent the application with current terms, this is unenforceable and they cannot enforce this as things stand - respond as follows: CCA Query - Application Form Received

Regards to your latest email in which you state that 1st credit are the ownsers, you can ignore HBOS for this - if 1st Credit sent you that agreement then you respond above, to first credit. If however 1st credit have not yet made contact, then when they do write to you just send the letter above to them, make sense?

So if no contact - do nothing. If 1st credit hassle you, send the letter above to them.

[Never-In-Doubt]

Re: Free's UE Diary

Halifax (Bank of Scotland)

Type of account -- Credit Card
• Date commenced -- 1996
• Approx balance -- £2200
• Date last paid –Nov 2008
• Are you on arrangement or not paying -- no arrangement and not paying
• Status - Default Bank of Scotland Jan 2009
• Account owner - 1st Credit

Thanks for sending the CCA - this is simply an application, however what they quote in their cover letter is utter bollox as in order to satisfy s.78 they need to send the agreement PLUS the original linked terms to that agreement plus any varied terms along with the current terms (so at least 3 copies, but they could if they wanted send the existing ones plus current ones) - as they have only sent the application with current terms, this is unenforceable and they cannot enforce this as things stand - respond as follows: CCA Query - Application Form Received