Maui Jim's UE Diary

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Hi to all

As I am following the UE route and all but 2 are accepting £1 payments and leaving me in peace, should I cancel the £1 token payments?

Thanks

MJ

Yes, cancel them all and when you're sorted with the UE debts you can then recommence them......

[mauijim]

Re: Maui Jim's UE Diary

Yes, cancel them all and when you're sorted with the UE debts you can then recommence them......

All payments cancelled

[mauijim]

Re: Maui Jim's UE Diary

Well I had a reply from Power2Contact (Credit Solutions acting for Barclaycard) in relation to my "No doorstep Visit" letter and it wasn't the usual blurb. Mind you it does appear to be an answer they have trotted out before!

"credit solutions limited offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying this debts. In relation to visits in ss2.12 of Office of Fair Trading guidelines doorstep visits must give adequate notice of the time and date of visit. The Armstrong v Sheppard(1959) case you quoted is dependant on each individual circumstance and only such order to refuse access can come from a court and not from an individual."

So did they not read the part where it clearly stated "I have no wish to make an appointment"...clearly not!

What is my next move?

[Deepie]

Re: Maui Jim's UE Diary

Just ignore not worth a response

[mauijim]

Re: Maui Jim's UE Diary

Just ignore not worth a response

My thoughts too but just wanted to ensure you agreed. It seemed like they were trying to put a brave face on things!

[Susie]

Re: Maui Jim's UE Diary

If you feel like winding them up you could try sending them a letter stating that if they visit you without a written appointment you will charge them £150 per visit plus an extra £50 per question they ask you. There must be some terms and conditions from a credit card somewhere that you can adapt to suit you about interest rates etc, and put in the letter that if they wish to accept your terms please signify this by making a doorstep visit that has no appointment
All you then need is a card through the door or you to open the door to them and you have proof that they have accepted your terms....

[caspar]

Re: Maui Jim's UE Diary

"credit solutions limited offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying this debts. In relation to visits in ss2.12 of Office of Fair Trading guidelines doorstep visits must give adequate notice of the time and date of visit. The Armstrong v Sheppard(1959) case you quoted is dependant on each individual circumstance and only such order to refuse access can come from a court and not from an individual."

Very nice of them to offer this service. Call me sceptical, but I once accepted one of these offers, only to find some time later that I had been charged around £80 for it. I got as far as them realising I was serious about court action before they backed down and gave me what I would call "a satisfactory goodwill gesture" - aka compensation!

Ignore them.

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Well I had a reply from Power2Contact (Credit Solutions acting for Barclaycard) in relation to my "No doorstep Visit" letter and it wasn't the usual blurb. Mind you it does appear to be an answer they have trotted out before!

"credit solutions limited offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying this debts. In relation to visits in ss2.12 of Office of Fair Trading guidelines doorstep visits must give adequate notice of the time and date of visit. The Armstrong v Sheppard(1959) case you quoted is dependant on each individual circumstance and only such order to refuse access can come from a court and not from an individual."

So did they not read the part where it clearly stated "I have no wish to make an appointment"...clearly not!

What is my next move?

Muppets never do read what we write,

* Just ignore it....

[Never-In-Doubt]

Re: Maui Jim's UE Diary

If you feel like winding them up you could try sending them a letter stating that if they visit you without a written appointment you will charge them £150 per visit plus an extra £50 per question they ask you. There must be some terms and conditions from a credit card somewhere that you can adapt to suit you about interest rates etc, and put in the letter that if they wish to accept your terms please signify this by making a doorstep visit that has no appointment
All you then need is a card through the door or you to open the door to them and you have proof that they have accepted your terms....

I done this but doesn't hold much legal merit unfortunately.....

Its only a blag, so not worth it in my opinion,.....

[Never-In-Doubt]

Re: Maui Jim's UE Diary

Very nice of them to offer this service. Call me sceptical, but I once accepted one of these offers, only to find some time later that I had been charged around £80 for it. I got as far as them realising I was serious about court action before they backed down and gave me what I would call "a satisfactory goodwill gesture" - aka compensation!

Ignore them.

You sceptic you

[mauijim]

Re: Maui Jim's UE Diary

UPDATE 23/08/11....been having a break in a friend's holiday home. It rained everyday but it was a chance to relax! I had a lot of letters to come home too.....not as many as I expected.

11/08/2011 I had a party invite from Power2Contact - no wait - it was a "I confirm I will be calling to discuss the recent communication from CSL" It does make me smile considering I have written to them refusing any appointments. It also says nothing more than Wednesday between 9am and 9pm. I hope the t**t made a special journey because I wasn't home - not that I would have answered anyway

12/08/11 A letter in reply to my final CCA request to Bryan Carter (Crapital One) with a reconstituted CCA attached. Strange that I wrote on 18/07/11 and they replied outside of the 12+2 days. I have read it and it almost appears as if they admit it is unenforceable but they are still going to register the debt with credit agencies etc. Well tell me something I don't know! Anyway I will get this to NIDDY and wait for his expert opinion and not trust my amateur one!

Niddy - It's a large document so what is the best way to get it to you please?

12/08/11 Letter from Barclaycard acknowledging receipt of my CCA request. Once again I wrote on 03/08/11 and their reply is dated 12/08/11 and it is now 23/08/11 so they are also outside the 12+2 days?

16/08/11 Letter from CSL ref Barclaycard with a "DFS" style offer. "Opportunity to save £££'s" They are delighted to tell me that despite numerous attempts to contact me they have now spoken with their client and are can offer me a reduced sum using one of their "tailored instalment programmes". It then goes into the realms of "Deal or No Deal" and says to call our "Deal Maker"

I eagerly await your replies. I don't see anything to worry about at this stage!

[Never-In-Doubt]

Re: Maui Jim's UE Diary

12/08/11 A letter in reply to my final CCA request to Bryan Carter (Crapital One) with a reconstituted CCA attached. Strange that I wrote on 18/07/11 and they replied outside of the 12+2 days. I have read it and it almost appears as if they admit it is unenforceable but they are still going to register the debt with credit agencies etc. Well tell me something I don't know! Anyway I will get this to NIDDY and wait for his expert opinion and not trust my amateur one!

This does not have any provision for anything signed, whether digitally (by way of a tick) or otherwise and is therefore 100%

However, if they happen to send the signed agreement to you with terms from when you actually took the account out and not just current ones, it'd then become enforceable.

basically there is nothing anywhere to suggest you agreed to these terms, moreso they are from 2009, not when you took the account out!

[Never-In-Doubt]

Re: Maui Jim's UE Diary

p.s. send this back: ---> CCA Query - Missing Prescribed Terms

[mauijim]

Re: Maui Jim's UE Diary

This does not have any provision for anything signed, whether digitally (by way of a tick) or otherwise and is therefore 100%

However, if they happen to send the signed agreement to you with terms from when you actually took the account out and not just current ones, it'd then become enforceable.

basically there is nothing anywhere to suggest you agreed to these terms, moreso they are from 2009, not when you took the account out!

Now that is good news. When I first read it I thought it was looking incorrect but I did panic when it mentioned enclosing my original signed agreement - something that neither of us has found!!

I'll send off the letter as advised in your PS Post - thanks again

[PlanB]

Re: Maui Jim's UE Diary

This does not have any provision for anything signed, whether digitally (by way of a tick) or otherwise and is therefore 100%

However, if they happen to send the signed agreement to you with terms from when you actually took the account out and not just current ones, it'd then become enforceable.

Niddy, does this mean that a CCA must have at least a 'provision' for the creditor to sign (i.e. a box or dotted line saying "sign here" or a box to tick etc) somewhere on the paperwork in order for it to be enforceable? I know a signature is not required in order to satisfy a s.78 request because creditors (Barclays mostly) keep reminding me of this ad nauseam. So annoying. I've got lots of pretend reconstituted agreements which don't even have empty boxes or dotted lines.

(Sorry to barge in M but I got excited at the prospect of finding another possible get-out clause!)

Plan B x