What2donext / UE Diary

[Never-In-Doubt]

Re: What2donext / UE Diary

No reply needed on Mint or Asda

yup - agreed totally mate

[what2donext]

Re: What2donext / UE Diary

MBNA Credit Card 1 (Mrs)
Date Commenced - 19/6/97
Approx. Balance - £7030
Last Full Payment paid - 26/5/07
DMP payment paid - 28/6/11 (no more payments being made)

07/07/11 CCA request sent
27/07/11 CCA received
27/07/11 Email sent to Niddy
29/07 11 Niddy Says
29/07/11 Sent CCA Query - Missing Prescribed Terms by recorded delivery
11/10/11 Received letter stating - You have missed 4 monthly payments please contact us to prevent termination of this agreement, registration of a default with the credit reference agencies and commencement of action to recover the debt.etc etc

02/11/11 Received letter stating - We have enclosed an income and expenditure form. We wrote to you on 6th October 2011 regarding your arrrears,and offered to provide you with assistance upon completion of an I/E form. we understand this form may not have been attached to our letter. We'd like to appologise for any inconvenience caused and we've enclosed an I/E form with this letter should you need to complete it.

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 also request that we provide a legible copy of the agreement. We have enclosed a true copy of the original agreement and a copy which has been reconstituted from our records for legibility purposes in our previous response. 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.

MBNA 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.

Good afternoon all received the above today for the 2 MNBA accounts the letters are identical except for the highlighted parts do we just ignore or is there a letter to reply with thanks

[Never-In-Doubt]

Re: What2donext / UE Diary

Good afternoon all received the above today for the 2 MNBA accounts the letters are identical except for the highlighted parts do we just ignore or is there a letter to reply with thanks

I would ignore for now - The case of CABOT UK LTD v BACHELLIER [2010] will assist with this, ie that is what MBNA lost on (illegible terms).....

[what2donext]

Re: What2donext / UE Diary

I would ignore for now - The case of CABOT UK LTD v BACHELLIER [2010] will assist with this, ie that is what MBNA lost on (illegible terms).....

Thanks again Niddy we will ignore for now and keep updating as and when we receive anything

[what2donext]

Re: What2donext / UE Diary

Barclaycard Credit Card (Mr)
Date Commenced - 23.7.99
Approx. Balance - £4166
Last Full Payment paid - 8.6.11
DMP Payment paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
22/07/11 CCA receivedlooks like just terms and conditions will email to Niddy to look at thank you
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
02/08/11 Received letter what looks as though they are quoting terms saying they don't class the account as being in dispute and for the purposes of the FOS to consider this as their final response
02/09/11 Recieved genral arrears letter
16/09/11 Received letter from Mercers stating- IMPORTANT-YOU SHOULD READ THIS CAREFULLY - Despite a recent letter from Barclaycard you are still behind with payments etc
26/09/11 Received another letter from Mercers stating - We are dealing with your account on behalf of Barclaycard etc etc, Please note,if you do not contact us, we will be instructing a local debt collector to visit you at the above adress to obtain payment of your debt .
27/09/11 Harrasment & Threat of Doorstep - Visit letter sent to Mercers
06/09/11 Received letter stating- Thank you for taking time to contact us regarding the level of service received from Barclaycard. We are very sorry to learn of your dissatisfaction,your correspondence is being dealt with by this office and we aim to resolve matters by 26 October 2011 etc etc.

18/10/11 Received letter from Barclaycard in response to our Harrasment & Threat of Doorstep Visit letter titled -FINAL RESPONSE I write further to your complaint and respond in my capacity as a Customer Relationship Manager. You have outlined in your complaint that you are unhappy with the level of telephone contact and that everything should be made in writing.You have also stated that you are unhappy regarding visitst to your property.You confirm you confirm that you believe such action would leave Barclaycard in breach of the OFT therefore you revoke permision for such a visit etc. Firstly please accept my apologies for any inconvenience that may have been caused by this matter.
If I may explain,your Barclaycard account has become overdue for repayment therefore under these circumstamces Barclaycard needs to contact you to discuss your current situation and potential repayment arrangements .Barclaycard is primarily a telephone based company and as such will attempt to contact customers by telephone as we believe this is the quickest way to resolve any issues.I must confirm that Barclaycard reserves the right to instruct appointed third parties to contact customers on their behalf which also may include home visits. I have duly noted your comments,however I must advise that i do not agree that Barclaycard will breach any legislative guidelines by conducting a home visit etc etc.

09/11/11 Received today another letter from Mercers - Call Us Now to Avoid Further Action As per our previous letter, if you don't contact us or make a payment, your account will be passed to our agents who will visit your property to secure payment on your account.

Hi everyone received the above today we will just ignore unless advised otherwise as they have already had the Harrasment & Threat of Doorstep letter and if they do send someone im ready and all set up to record everything they say without even opening the door as the camera i have even has an intercom thanks.

[what2donext]

Re: What2donext / UE Diary

Egg Credit Card (Mrs)
Date Commenced - 17/12/01
Approx. Balance - £2655
Last Full Payment paid - 16.6.11
DMP Payment paid - 7.7.11 (no more payments being made)

07/07/11 CCA request sent
18/07/11 Received CCA Can you please advise what pages to email Niddy as there are 8 pages of terms and conditions, a copy of the application form and 14 pages on the credit agreement, many thanks
19/07/11 Niddy says

19/07/11 CCA Query - Missing Prescribed Terms sent recorded delivery
18/08/11 Received letter saying the documents provided constituted a true copy of your agreement,we have now provided all documents required by law and do not consider there to be a genuine dispute as to the enforceability etc etc.
09/11/11 Received letter about Barclaycard taking it over with the line "carry on managing your account as you do today" etc etc.

Received the above today also and we will be quite willing to carry on managing the account as we are today.we will just ignore and see what they send next thanks

[Deepie]

Re: What2donext / UE Diary

Looking good....

[what2donext]

Re: What2donext / UE Diary

Sygma/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

Good afternoon everyone received the above today,just a quick question do we continue to ignore as they have refused to send CCA without a signature and have sent all our letters including the postal order back to us in august. thanks

[Pixie]

Re: What2donext / UE Diary

Yes, just continue to ignore as they're in default of your cca request.

Make sure you keep proof of posting and copies of the letters you've sent.

[what2donext]

Re: What2donext / UE Diary

Yes, just continue to ignore as they're in default of your cca request.

Make sure you keep proof of posting and copies of the letters you've sent.

Thanks Pixie they are all filed dated with recorded delivery receipts attached

[what2donext]

Re: What2donext / UE Diary

Marks & Spencer Credit Card (Mrs)
Date Commenced - 5.5.98
Approx. Balance - £2834
Last Full Payment paid - 26.5.11
DMP Payment paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
21/07/11 Received CCA but looks like its application form and terms and conditions, delivered by recorded delivery printed name not signed, will email cover letter and application/cca to Niddy
24/07 11 Niddy says presume it is
25/07/11 CCA Query terms and conditions received letter sent by recorded delivery
09/08/11 Received letter with further copy of same application form and terms in response to CCA Query terms and conditions letter stating "M&S Money believe that your agreement is legally enforceable"
03/09/11 Received letter re: arrangement on account, interest charges resumed must repay full arrears immediately, please call immediately, if we don't hear from you we'll send default notice etc
17/09/11 Receieved Default Notice which states "IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH ETC"
21/09/11 CCA Query Missing Prescribed Terms letter sent via recorded delivery
29/09/11 Received letter in response to CCA Query Missing Prescribed Terms letter with the same completed application form and what looks like an updated blank application form.
13/10/11 Recieved today - Statutory Arrears Notice x 2 one dated 01/8/11 the other dated 01/10/11
15/10/11 Received letter from M&S Pre Legal Recoveries - The collections and recoveries department at M&S Money has instucted me to contact you about your account.Due to the serious arrears which are outstanding , Iam planning to instuct our agents to visit your home address. However you still have an opportunity to prevent this. Please contact us etc etc.
17/10/11 Harrasment & Threat of Doorstep - Visit letter sent to M&S Pre legal Recoveries via recorded delivery
02/11/11 Received another letter from M&S Pre Legal Recoveries stating - Thank you for your recent correspondence. We would like to talk to you before we act on the contents of your letter and request you telephone us. It is vital that you telephone in response to this letter, as action to recover any outstanding payment will continue until we have spoken to you. Obviously, given the fact that you have contacted us, we would rather that this did not happen. I must advise you, However, that we are unable to enter into any further correspondence regarding the exact contents of your letter and this is why you must telephone us. We look forward to hearing from you within the next five working days.
03/11/11 Sent reply Niddy wrote via recorded delivery
18/11/11 Received another letter form M&S Pre Legal Recoveries - Thank you for your letter dated 16th October, we have responded to your previous correspondence via letter on 20th July, 8th Aug, 29th Sept. To prevent further recovery action we will require a payment towards your account and an up-to-date breakdown of your I & E. etc etc. You will receive reminder letters and telephone calls about arrears on your account etc. etc.

Good Afternoon everyone received the above today in reply to Harrasment & Threat of Doorstep letter sent on 17/10/11 should we just ignore thanks

[Deepie]

Re: What2donext / UE Diary

Good Afternoon everyone received the above today in reply to Harrasment & Threat of Doorstep letter sent on 17/10/11 should we just ignore thanks

Just ignore for now..

[what2donext]

Re: What2donext / UE Diary

HSBC Credit Card (Mr)
Date Commenced - 09/10/99 . Balance - £3140
Last Full Payment paid - 8.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
02/08/11 CCA received
02/08/11 CCA sent to Niddy
03/08/11 Niddy says
04/08/11 sent letter CCA Query - Missing Prescribed Terms by recorded delivery
16/08/11 Letter received stating "Failure to respond will seriously affect your credit rating,Please be aware of other possible consequences if you do not resume payments,If you continue to fail to respond to our attemps to contact you we will serve you with a default Notice, Continued non
payment may result in your account being passed to a debt collection agency,or legal action being taken to recover the debt etc etc .

25/08/11 Received letter in response to letter sent 4/08 /11 with another copy of signed agreement
16/09/11 Received letter stating-"We are very concerned etc this is your last chance before we issue a Defult Notice etc"
01/10/11 Received another letter stating unless immediate action is taken we will issue you with a Notice of Default if you do not take appropriate action we will terminate our credit card agreement and demand immediate full repayment etc etc.
17/10/11 Received Default Notice
18/11/11 Received letter FINAL DEMAND We now DEMAND immediate payment of £****, current interest arrangements will continue to apply. YOU HAVE 14 DAYS FROM THE DATE OF THIS LETTER TO REPAY IN FULL or let us have satisfactory proposal for repayment etc. etc

Received the above letter today, do we just ignore thanks

[Deepie]

Re: What2donext / UE Diary

Received the above letter today, do we just ignore thanks

Yes ..ignore

[what2donext]

Re: What2donext / UE Diary

Just ignore for now..

Yes ..ignore

Cheers In2deep super fast replies many thanks again have a good weekend