Re: What2donext / UE Diary
Theyve been issuing claims like confetti.
Can you send any agreement as well please.
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What2donext / UE Diary
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Re: What2donext / UE Diary
Originally posted by what2donext View PostSygma/Creation Credit Card (Mrs)
Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)
07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.
10/09/11 Received letter stating : you have failed to maintain your temporary repayment arrangement with us,which was agreed to assist you, if we do not receive a payment within 7 days ,we will have no option but to assume you are unwilling to pay,your account will return to standard inteest rate and we will resume collections activity.This could include, The issue of a court summons etc etc. We have attempted to support you etc but without your cooperation we canot continue to do so.
16/11/11 Received general arrears letter
23/11/11 Received another general arrears letter
01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
02/12/11 Sent Niddy special
10/12/11 Received Default Notice
31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
01/02/12 Received CCA
04/02/12Niddy says Unenforceable
04/02/12 Sent Missing Prescribed Terms letter
03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
03/04/12 Sent Threat-o-Gram Letter Before Action
07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.
01/06/12 Received yet another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response to be sent to you today.We hope to complete our investigation and send you a detailed reply by 21 June. We have been instructed by our client that they are undertaking a review of the issues raised by you and our instructions are to take no further action pending their findings.
22/06/12 Received a letter from drydensfairfax : We have passed our client the details of your complaint and they have advised us that they are conducting a review into the matter. In the meantime, our instuctions are to take no furthr action in this case pending their findings.
05/10/12 Received a letter from drydensfairfax: see attachment
09/10/12 Sent Missing Prescribed Terms letter to drydens
16/10/12 Received a brief letter from drydens: We acknowledge receipt of your letter and will revert to you as soon as possible.
27/10/12 Received a letter from drydensfairfax: With different terms & conditions we will send them to Niddy it says it is their final response before action..
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Re: What2donext / UE Diary
Originally posted by what2donext View PostGood morning everyone a quick update on the above account what do we need to respond with as we sent the Sold in Dispute letter back in August thanks
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Re: What2donext / UE Diary
Originally posted by what2donext View PostMint Credit Card (Mrs)
Date Commenced - 29.10.03
Approx. Balance - £3399
Last Full Payment paid - 6.6.11
DMP Payment paid - 28.6.11 (no more payments being made)
07/07/11 CCA request sent
14/07/11 Received letter stating "I have received a letter regarding your account. The letter was not signed and as a result I am unable to undertake the action requested. Please sign the letter in space or call us etc." Ignoring for now until further advice is given
30/07/11 CCA received - Email sent to Niddy
03/08/11 Niddy says
04/08/11 Blagging it for now Sent CCA Query - Missing Prescribed Terms by recorded delivery
27/08/11 Received letter in reply to CCA Query - Missing Prescribed Terms
01/09/11 Received Default Notice stating" Please read the Default Notice carefully and ensure payment of £*** is credited to your account within 17 days etc etc"
28/09/11 Received Account termination letter stating - A Default Notice was recently served against you. As the amount requested in the Default Notice has not been received, your account has been terminated.
We now require full repayment of the outstanding debt within 14 of the date of this letter. If you do not comply, or fail to subit proposals for repayment that are satisfactory to us,your account will be passed over to our Debt Recovery Office etc etc.
19/10/11 Received letter from TRITON - We have been formally instructed by The Royal Bank of Scotland plc in respect of the above unpaid debt that despite reminders, you have failed to settle or to make mutually acceptable repayment arrangements .We must inform you that unless you telephone RBS immediately the debt will be referred to us or an equivalent debt recovery agent for collection.
03/3/11 Received today another letter from Triton asking for immediate payment if for any reason you are unable to make this payment by return you must telephone this office immediately
19/11/11 Received another letter from Triton - URGENT ACTION REQUIRED etc It may be appropriate that a debt recovery agent call on you to discuss and agree proposals for repayment.We would prefer not to take this action etc.
30/11/11 Received letter from Triton -NOTICE OF LEGAL PROCEEDINGS
23/12/11 Received letter from Green & Co solicitors - see below
24/12/11 Sent -Threat by Creditor - Threat-o-Gram Letter Before Action
09/01/12 Received letter from Green & Co -We note the contents of your letter and our client has requested that they will respond to you direct.We have therefore been asked to close our file and you will hear from our client direct.
21/01/12 Received letter from Newman Debt Collection Agents- Immediate Action Required .We act for our client RBS regarding the above account contact us etc etc.
13/02/12 Received another letter from Newman Debt Collection - Notice of Further Action - We continue to act for our client RBS we ask that whatever your circumstances you call us immediately to resolve this matter.In the absence of this contact and cooperation we may proceed to litigation in this matter etc etc.
27/02/12 Received a letter from Newman Debt Collection - Notice of Further Action - Our records show that you have not responded to our attempts to contact yo.You must contact us within the next 4 days to prevent avoidable action.
23/03/12 Received from Newman Debt Collection- REPAYMENT OPTIONS- etc etc
02/04/12 Received another letter from Newman Debt Collection - Doorstep Collection Warning - Our records show that to date we have failed to make contact with you. Failure to pay or contact us within 7 days of the date of this letter may result in your account being passed to our field Representative to arrange a Doorstep Call etc etc.
02/04/12 Sent Harassment & Threat of Doorstep-Visit
10/04/12 Received a letter from Newman Debt Collection- We write with reference to your recent correspondence date 2nd April, the content which as been noted. etc etc
05/05/12 Recived a letter from scotcall limited - NOTICE OF PERSONAL VISIT - Your long overdue debt noted as above has been placed with scotcall for collection. scotcall are one of the uk's leading doorstep recovery debt recovery companies etc etc.
21/05/12 Received another letter from Scotcall - PRE - VISIT NOTICE
21/05/12 Sent Harassment & Threat of Doorstep-Visit letter to Scotcall
24/05/12 Received another letter from Scotcall - Please find enclosed paperwork relating to an account we are no longer dealing with. It was returned to our client on 22/05/2012. Please contact them at the address supplied.
28/07/12 Received a letter form MINT : Our collection agent has been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to Wescot Credit Services Ltd etc etc
18/08/12 Received a lettter from Wescot: Wescot Credit Services is a specialist DEBT COLLECTION organisation. We have been instructed by our client to collect the above outstanding balance on their behalf. PLEASE CONTACT US AS SOON AS POSSIBLE AS FAILURE TO DO SO WILL RESULT
IN FURTHER RECOVERY ACTION.
18/08/12 Sent: Accound Sold Whilst In Dispute - letter to Wescot
25/08/12 Received a letter from Wescot: Following your recent request for a signed agreement, our client has requested you write to the follwing adress and state in your covering letter that this is a section 77/78 request and enclose a £1.00 postal order payable to our client.
25/10/12Received from Wescot: FINAL NOTICE - Our latest enqueries have now confirmed you are still resident at this adress but we have not received a reply to our previous correspondence. Unless you contact us to agree repayment within the next 10 days, further collection activity will be taken ,please do not ignore this letter etc etcLast edited by what2donext; 25 October 2012, 10:53.
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Re: What2donext / UE Diary
Originally posted by what2donext View PostSygma/Creation Credit Card (Mrs)
Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)
07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.
10/09/11 Received letter stating : you have failed to maintain your temporary repayment arrangement with us,which was agreed to assist you, if we do not receive a payment within 7 days ,we will have no option but to assume you are unwilling to pay,your account will return to standard inteest rate and we will resume collections activity.This could include, The issue of a court summons etc etc. We have attempted to support you etc but without your cooperation we canot continue to do so.
16/11/11 Received general arrears letter
23/11/11 Received another general arrears letter
01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
02/12/11 Sent Niddy special
10/12/11 Received Default Notice
31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
01/02/12 Received CCA
04/02/12Niddy says Unenforceable
04/02/12 Sent Missing Prescribed Terms letter
03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
03/04/12 Sent Threat-o-Gram Letter Before Action
07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.
01/06/12 Received yet another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response to be sent to you today.We hope to complete our investigation and send you a detailed reply by 21 June. We have been instructed by our client that they are undertaking a review of the issues raised by you and our instructions are to take no further action pending their findings.
22/06/12 Received a letter from drydensfairfax : We have passed our client the details of your complaint and they have advised us that they are conducting a review into the matter. In the meantime, our instuctions are to take no furthr action in this case pending their findings.
05/10/12 Received a letter from drydensfairfax: see attachment
09/10/12 Sent Missing Prescribed Terms letter to drydens
16/10/12 Received a brief letter from drydens: We acknowledge receipt of your letter and will revert to you as soon as possible.
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Re: What2donext / UE Diary
Originally posted by MrsD View PostHi
I would send the missing prescribed terms to Drydens as you've already sent the sold in dispute to the, may as well make them aware why it's in dispute.
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Re: What2donext / UE Diary
Hi
I would send the missing prescribed terms to Drydens as you've already sent the sold in dispute to the, may as well make them aware why it's in dispute.
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Re: What2donext / UE Diary
Originally posted by MrsD View Postdid they send the same stuff again?
if they did I would send a copy of the missing prescribed terms letter to Drydens with a one liner referring them to your sold in dispute.
paper trail, paper trail, paper trail
if they sent different stuff, send it to Niddy and do what he says!
They have sent exactly the same paperwork twice now, we have not sent the sold in dispute letter the last letter we sent was Threat-o-Gram Letter Before Action sent on the 3rd of April do we send sold in dispute now or missing prescribed terms which we sent to sygma back in February.
Cheers
Last edited by what2donext; 8 October 2012, 10:43.
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Re: What2donext / UE Diary
did they send the same stuff again?
if they did I would send a copy of the missing prescribed terms letter to Drydens with a one liner referring them to your sold in dispute.
paper trail, paper trail, paper trail
if they sent different stuff, send it to Niddy and do what he says!
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Re: What2donext / UE Diary
Originally posted by what2donext View PostSygma/Creation Credit Card (Mrs)
Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)
07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.
10/09/11 Received letter stating : you have failed to maintain your temporary repayment arrangement with us,which was agreed to assist you, if we do not receive a payment within 7 days ,we will have no option but to assume you are unwilling to pay,your account will return to standard inteest rate and we will resume collections activity.This could include, The issue of a court summons etc etc. We have attempted to support you etc but without your cooperation we canot continue to do so.
16/11/11 Received general arrears letter
23/11/11 Received another general arrears letter
01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
02/12/11 Sent Niddy special
10/12/11 Received Default Notice
31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
01/02/12 Received CCA
04/02/12Niddy says Unenforceable
04/02/12 Sent Missing Prescribed Terms letter
03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
03/04/12 Sent Threat-o-Gram Letter Before Action
07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.
01/06/12 Received yet another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response to be sent to you today.We hope to complete our investigation and send you a detailed reply by 21 June. We have been instructed by our client that they are undertaking a review of the issues raised by you and our instructions are to take no further action pending their findings.
22/06/12 Received a letter from drydensfairfax : We have passed our client the details of your complaint and they have advised us that they are conducting a review into the matter. In the meantime, our instuctions are to take no furthr action in this case pending their findings.
06/10/12 Received a letter from drydensfairfax: see attachment
Do we need to respond or just ignore as there are no threats in the letter just the usual contact us with payment proposals ( I propose £0 per month for the foreseeable future)thanks
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Re: What2donext / UE Diary
Originally posted by what2donext View PostMBNA Credit Card 2 (Mrs)
Date Commenced - 9/3/01
Approx. Balance - £5036
Last Full Payment paid - 6/6/11
DMP Payment paid - 28/6/11 (no more payments being made)
07/07/11 CCA request sent
21/07/11 Received letter requesting additional info and IE form to be completed and signed guessing we ignore again
22/07/11 Received CCA will email to Niddy to look at thankyou
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
07/11/11Received letter stating - Thank you for your letter dated 29th July 2011 in res[ect pf the agreement referred to above. In your letter you claim that we have not supplied a true copy of your original credit agreement. To confirm, the document enclosed with our recent letter is a copy of the executed agreement that you signed when you decided to take out a credit card with MBNA Europe Bank. You have been provided with a true copy of your credit agreement. Furthermore the "Financial and Related Conditions" set out on the credit agreement are the key terms which, under Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, were prescribed to be included int he credit agreement that you signed. These key terms set out how your credit limit is decided, your minimum payment obligation and your interest rates. When you were sent your credit agreement for signature, these key terms were also repeated in a full set of the Terms and Conditions of your credit agreement which were conveniently set out separately in a document for you to keep. A copy of these terms was enclosed in our previous response. In your letter you state that the copy of the agreement we provided is illegible. We can confirm that we are satisfied that the copy of the agreement we provided is legible. MBNA are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, we shall continue to administer this account as normal. We also expect you to continue to make payments to us as they fall due, if you fail to do so, please note that any arrears will be reported to the Credit Reference Agency.
12/12/11 Received Default Notice
15/02/12 Received letter - Your credit agreement has been terminated you will no longer receive statements and we have registered a default at the CRA .It then goes on to what recovery action they may take -Sale of Debt - Placement of Debt -Litigation You will be kept informed of any further action.
15/03/12 Received letter from MBNA - We are taking further action to recover your debt.We have decided that we will take the action of selling your debt to another company.We will be transfering ownership to Hillsden Securities Limited.
26/06/12 Received a letter from - dlc -We hearby give notice that this debt has been assigned to Hillsden Securities Ltd, trading as direct legal & collections
This means that MBNA no longer own your account and your account is now owned by dlc.etc etc
16/04/12 Received a letter from dlc-As you have failed to maintain acceptable payment installments on your account, we have made enquiries with the locl land registry and have received formal confirmation that you are a home owner. It is now our intention to commence legal proceedings against you for non payment of this account. Once a County Court Judgement has been obtained, a further application will be made to secure this debt against your financial interest in your property by the way of a Charging Order.
We would like to resolve this matter without the need for legal proceedings etc etc.
16/04/12 Sent Threat to Commence Litigation letter to dlc.
21/04/12 Received letter from Hillsden/dlc -Thank you for your recent letter. I acknowledge receipt of your complaintand will respond within 5 days etc etc
25/04/12 Received an acknowledgment letter in reply to Threat to Commence Litigation letter we sent - Unaware of any outstanding disputes on the account ,We have not received any previous correspondence from you prior to your letter dated 16/04/12, Due to the above we disagree with your claims that we have continued to harass you etc etc. We have referred this mater to MBNA to obtain the necessary documentation in acorrdance with the CCA 1974. This will be provided to you once it becomes available
14/06/12 Received a letter from dlc - Further to our letter dated --April regarding the above account
Please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception.
This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request.
As we have now reached the end of the 8 week timescale to resolve this matter, we would request that you accept this letter along with our letter dated --th April (a copy is enclosed) as our final response.
27/07/12 Received a letter from APLIN STOCKTON FAIRFAX SOLICITORS : We have been instructed by dlc on behalf of Hillsden Securities Ltd formerly MBNA to take necessary steps to recover the outstanding balance.
Our client asks that you contact them either directly by telephone or by writing to them at dlc collections. I f you do not make fullpayment or reach agreement with dlc within 7 days legal proceedings may be commenced without further notice. etc etc
27/07/11 Sent Threat-o-Gram Letter Before Action to APLIN
04/08/12 Received from dlc : Notice of Sums in Arrears
08/09/12 Received a letter from dlc in reponse to letter sent to APLIN : I can advise that we complied fully with your CCA request on the 13th of June which was included in our final response in April for ease of reference i enclose further copies of said letters, copy of original agreement and the original t&c and a copy of the current t&c provided by MBNA. We are happy to rely on enclosed documentation in any legal proceedings.While we did not provide the requested documentation within the time limit stated in your letter, we rectified this breach by providing you with the documentation, which fully complies with your formal request. The debt is now enforceable again. Please note that a formal cca request is to be used only to obtain information about the account and not to be used as a tool to withold payment or to prove that an agreement exists. The account has been used and a debt has been incurred, for which you are liable to pay the balance and MBNA has sent you monthly statements to keep you informed of the balance. Please contact us etc etc .
10/09/12 CCA Query - Missing Precribed Terms sent to dlc
14/09/12 Received a letter from dlc: Thank you for your letter dated 8 September regarding the above account.
We have already responded to the points raised ; please refer to our letter dated 6 September, which enclosed copy of earlier correspondence dated 24.4.12 and 13.6.12.
In addition I can advise the following:
1. As the above account does not relate to a fixed term agreement, the prescribed terms are now required to be on the face of the agreement.
2. Please refer to the reverse of the agreement where you will find the relevant terms of your agreement
3. Due to the above the agreement supplied to you, it does comply with all regulations set out by the CCA 1994.
4. We are happy to rely on the documents previously provided in any future proceedings.
Any amendments made to the CCA after the agreement was signed would have no legal bearing on its enforceability, consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the act would not apply to your agreement.
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Re: What2donext / UE Diary
Originally posted by in 2 deep View PostI would send this-----> Final Response - Unenforceable (CCA Received)
Originally posted by in 2 deep View PostAre they the same ones they sent on the 24/07/11 ? They are exactly the same as they sent 14/06/12
if they are send this------>CCA Query - Missing Prescribed Terms
Cheers
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Re: What2donext / UE Diary
Originally posted by what2donext View PostGood morning everyone do we need to send Niddy the papers they have sent for him to check again or is there any other response thanks
if they are send this------>CCA Query - Missing Prescribed Terms
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Re: What2donext / UE Diary
Originally posted by what2donext View PostMBNA Credit Card 2 (Mrs)
Date Commenced - 9/3/01
Approx. Balance - £5036
Last Full Payment paid - 6/6/11
DMP Payment paid - 28/6/11 (no more payments being made)
07/07/11 CCA request sent
21/07/11 Received letter requesting additional info and IE form to be completed and signed guessing we ignore again
22/07/11 Received CCA will email to Niddy to look at thankyou
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
07/11/11Received letter stating - Thank you for your letter dated 29th July 2011 in res[ect pf the agreement referred to above. In your letter you claim that we have not supplied a true copy of your original credit agreement. To confirm, the document enclosed with our recent letter is a copy of the executed agreement that you signed when you decided to take out a credit card with MBNA Europe Bank. You have been provided with a true copy of your credit agreement. Furthermore the "Financial and Related Conditions" set out on the credit agreement are the key terms which, under Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, were prescribed to be included int he credit agreement that you signed. These key terms set out how your credit limit is decided, your minimum payment obligation and your interest rates. When you were sent your credit agreement for signature, these key terms were also repeated in a full set of the Terms and Conditions of your credit agreement which were conveniently set out separately in a document for you to keep. A copy of these terms was enclosed in our previous response. In your letter you state that the copy of the agreement we provided is illegible. We can confirm that we are satisfied that the copy of the agreement we provided is legible. MBNA are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, we shall continue to administer this account as normal. We also expect you to continue to make payments to us as they fall due, if you fail to do so, please note that any arrears will be reported to the Credit Reference Agency.
12/12/11 Received Default Notice
15/02/12 Received letter - Your credit agreement has been terminated you will no longer receive statements and we have registered a default at the CRA .It then goes on to what recovery action they may take -Sale of Debt - Placement of Debt -Litigation You will be kept informed of any further action.
15/03/12 Received letter from MBNA - We are taking further action to recover your debt.We have decided that we will take the action of selling your debt to another company.We will be transfering ownership to Hillsden Securities Limited.
26/06/12 Received a letter from - dlc -We hearby give notice that this debt has been assigned to Hillsden Securities Ltd, trading as direct legal & collections
This means that MBNA no longer own your account and your account is now owned by dlc.etc etc
16/04/12 Received a letter from dlc-As you have failed to maintain acceptable payment installments on your account, we have made enquiries with the locl land registry and have received formal confirmation that you are a home owner. It is now our intention to commence legal proceedings against you for non payment of this account. Once a County Court Judgement has been obtained, a further application will be made to secure this debt against your financial interest in your property by the way of a Charging Order.
We would like to resolve this matter without the need for legal proceedings etc etc.
16/04/12 Sent Threat to Commence Litigation letter to dlc.
21/04/12 Received letter from Hillsden/dlc -Thank you for your recent letter. I acknowledge receipt of your complaintand will respond within 5 days etc etc
25/04/12 Received an acknowledgment letter in reply to Threat to Commence Litigation letter we sent - Unaware of any outstanding disputes on the account ,We have not received any previous correspondence from you prior to your letter dated 16/04/12, Due to the above we disagree with your claims that we have continued to harass you etc etc. We have referred this mater to MBNA to obtain the necessary documentation in acorrdance with the CCA 1974. This will be provided to you once it becomes available
14/06/12 Received a letter from dlc - Further to our letter dated --April regarding the above account
Please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception.
This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request.
As we have now reached the end of the 8 week timescale to resolve this matter, we would request that you accept this letter along with our letter dated --th April (a copy is enclosed) as our final response.
27/07/12 Received a letter from APLIN STOCKTON FAIRFAX SOLICITORS : We have been instructed by dlc on behalf of Hillsden Securities Ltd formerly MBNA to take necessary steps to recover the outstanding balance.
Our client asks that you contact them either directly by telephone or by writing to them at dlc collections. I f you do not make fullpayment or reach agreement with dlc within 7 days legal proceedings may be commenced without further notice. etc etc
27/07/11 Sent Threat-o-Gram Letter Before Action to APLIN
04/08/12 Received from dlc : Notice of Sums in Arrears
08/09/12 Received a letter from dlc in reponse to letter sent to APLIN : I can advise that we complied fully with your CCA request on the 13th of June which was included in our final response in April for ease of reference i enclose further copies of said letters, copy of original agreement and the original t&c and a copy of the current t&c provided by MBNA. We are happy to rely on enclosed documentation in any legal proceedings.While we did not provide the requested documentation within the time limit stated in your letter, we rectified this breach by providing you with the documentation, which fully complies with your formal request. The debt is now enforceable again. Please note that a formal cca request is to be used only to obtain information about the account and not to be used as a tool to withold payment or to prove that an agreement exists. The account has been used and a debt has been incurred, for which you are liable to pay the balance and MBNA has sent you monthly statements to keep you informed of the balance. Please contact us etc etc .Last edited by what2donext; 8 September 2012, 10:26.
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