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  • Re: What2donext / UE Diary

    Of course "the most sensible course of action" is for the DCA to return your account to their client M & S since it's UE

    What's making me really angry is that M & S know damn well that any of their millions of storecards which were converted/upgraded into credit cards without any new agreement signed in 2003/4 are all UE under s.51 (whatever) of the CCA. Sending out new Ts & Cs wasn't good enough in the eyes of the law. DJ Henrietta Manners has made that quiet clear albeit reluctantly. So why don't they just run up a white flag and admit it instead of hounding and bullying people using DCAs to do their dirty work

    Even worse is the fact that M & S made the BBC add a sort of disclaimer to the bottom of the article reporting the legal case which said "M & S Money has no doubt that the introduction of the M & S credit card was carried out in accordance with the law " That's simply not true and M & S's deliberate attempt to mislead consumers in this way is shameful

    http://www.bbc.co.uk/news/business-17670803

    So anyone reading this post if you've got a credit card which was upgraded from a storecard (without a new agreement) there is every likelihood that it's unenforceable. This includes all G. E Money backed products (such as Debenhams) as well as M & S and of course (my favourite) Harrods

    Comment


    • Re: What2donext / UE Diary

      Originally posted by what2donext View Post
      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.
      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.
      Good afternoon everyone received the above today the agreement that dlc have sent looks different to the original one supplied by MBNA although they have also sent the application form with the same terms and conditions again ,should we email this to Niddy any help would be much appreciated thanks

      Comment


      • Re: What2donext / UE Diary

        Originally posted by what2donext View Post
        Good afternoon everyone received the above today the agreement that dlc have sent looks different to the original one supplied by MBNA although they have also sent the application form with the same terms and conditions again ,should we email this to Niddy any help would be much appreciated thanks
        Send to Niddy for a look...........
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Re: What2donext / UE Diary

          Originally posted by in 2 deep View Post
          Send to Niddy for a look...........
          Cheers In2deep ive just emailed them for Niddy to cast his expert eye over

          Comment


          • Re: What2donext / UE Diary

            Originally posted by what2donext View Post
            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.
            05/12/11 Received letter from Mercers Fantastic Offer Make 2 payments get 2 free etc etc.
            10/11/12 Received another IMPORTANT INFORMATION letter from Mercers
            12/01/12 Received letter from Calder Financial - A FINAL OFFER OFF HELP - Our clients are prepared to accept 60% of your outstanding balance in f&f settlement of your debt etc etc
            06/03/12Received letter from Barclaycard - Formal Demand For Payment -As you have not complied with the recent Default Notice, the outstanding balance shown above is now due etc etc .If a payment is not made by 8 March 2012, a debt collector may call upon you or legal proceedings may be taken against you in the County Court blah blah blah.
            22/03/12 Receieved from Barclaycard - your Barclaycard account has now been passed to RMA to manage the collection of the balance. etc etc .
            23/03/12 Received a letter from RMA -Please accept this letter as notification that,due to non payment your account has been passed to RMA etc etc .
            12/04/12 Received a letter from RMA -NOTICE OF CONCERN -With concern, I note that our records show you have failed to agree on an acceptable repayment plan on your outstanding balance with Barclaycard.etc etc.
            17/04/12 Received a letter from RMA - You have been selected for a SETTLEMENT OFFER on your current outstanding balance you must call within 14 days etc etc.
            24/04/12 Received another letter from RMA - We are writing to you as despite our attempts to reach a suitable agreement on the repayment of
            your outstanding Barclaycard account, to date the matter remains unresolved.Please call us etc etc
            28/04/12 Received yet another letter from RMA -NOTICE OF POTENTIAL DOORSTEP RECOVERY -We are writing to formally notify you of our intensions to forward your account to Scotcal LTD,a doorstep recovery agent etc etc.
            28/04/12 Sent Harassment & Threat of Doorstep-Visit letter to RMA.
            17/0512 Received letter from RMA- THIRTY DAY NOTICE - you have been legally notified of this debt and have failed to contact us in relation to your liability to our client. This situation is unacceptable and cannot be allowed to continue etc. etc. Should you fail to take advantage of one of these proposals will leave me with little alternative other than to return your account back to our client and recommend they investigate legal proceedings against you, as all our attempts to resolve the matter on a voluntary basis will have been unsuccessful. etc. etc.
            17/05/12 Sent Threat by Creditor - Threat -o -Gram Letter Before Action to RMA
            16/06/12 Received a letter from NCO Europe : Thank you for your letter dated 17th May the contents which have been duly noted .Your complaint as we understand it from the information provided, relates to : You claim not to have received an adequate response to your request for information under the Consumer Credit Act made to our client Barclaycard.
            In order to address the issues raised I have reviewed the system notes relating to the above account and contacted our client, Barclaycard.
            Our client confirmed they have no record of previously receiving your request. If you wish to make such a request please contact our client directly as the above account was closed by NCO on 12th June 2012. For the reasons detailed above we are unable to uphold your complaint. Please note this is our final response.
            Good afternoon everyone received the above today from NCO who we presume are the same company as RMA, NCO have closed the account so we will wait and see which pick it up next, thanks
            Last edited by what2donext; 16 June 2012, 15:17.

            Comment


            • Re: What2donext / UE Diary

              Originally posted by what2donext View Post
              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
              29/11/11 Received letter stating - We have not received a satisfactory response to our Final Demand letter.As we have not received any contact from yuo your account is now due for placement with a specialist Debt Recovery Agent etc etc.
              10/12/11 Received letter stating -This is the final opportunity for you to respond before we take further action failure to respond within the next 7 days will result in us handing your acount over to a Debt Collection Agency once your account is passed you may be liable for additional costs.

              Debt collectors MAY call at your home
              Legal proceedings MAY be issued
              We are prepared to come to an arrangement etc etc .
              21/01/12 Received a letter - Further to our advice of impending legal action against you, we have not yet had a response your account has now been passed to - Metropolitan Collection Service etc etc .
              23/01/12 sent Threat by Creditor - Threat-o-Gram Letter Before Action
              28/01/12 Received a letter from Metroplitan Collection Services - We are Debt Recovery Specialists who have been instructed to recover the outstanding balance etc etc .
              16/02/12 Received another letter from Metropolitan Collection Services in response to letter sent 23/01/12 - Please find enclosed a copy of our clients response dated 18th August 2011 which encloses a copy of the executed credit card agreement .We have nothing further to add to this matter .Furthermore,we now require your offer of repayment on this account.Matters will be held in abeyance for four weeks pending the above.
              17/02/12 Received another letter from Metropolitan Collection Services -We are dissappointed to note that we have been unable to come to an arrangement to clear the outstanding balance.If you do not contact us we intend to instruct solicitors to issue legal proceedings and apply for a charging order against your property.etc etc
              17/2/12 Sent -Threat by Creditor - To Apply for a Charging Order
              22/03/12 Received a letter from Metropolitan Collection Services -The agreement to hold this account has now expired and you have failed to contact us. We now require repayment of this debt. etc etc
              10/04/12 Received letter from Metropolitan - FINAL DEMAND- You have failed to make payment as requested and we therefore now have no alternative but to take further action against you. Thias may involve : Debt Collectors who may call at your door, or Solicitors issuing legal proceedings against you.etc etc
              02/05/12 Received a letter from Metropolitan- Please be advised that we are referring your account to DG Solicitors, who will be contacting you within the next 7 days etc etc.
              03/05/12 Received a latter from DG SOLICITORS - We act for HSBC Bank Plc .We refer to the bank's correspondence with you demanding repayment of this debt.We are advised that despite the demand full repayment has not been made.
              We may be instructed to take legal action against you in the County Court to recover this debt. To avoid legal action you must pay the amount outstanding within 14 days from the date of this letter. etc etc
              03/05/12 Threat-o-Gram Letter Before Action Sent to DG Solicitors
              28/05/12 Received another letter from DG Solicitors- URGENT! IT IS IMPORTANT THAT YOU RESPOND TO THIS COMMUNICATION .If you DO NOT, it may not be possible to avoid legal action.
              20/06/12 Received a letter from DG Solicitors - URGENT - NOTIFICATION OF INTENDED ACTION - We refer to our previous correspondence. As you have failed to repay the above debt , our client is considering instructing us to issue legal proceedings against you in the County Court. This may result in a Judgment being entered against you and if the judgment is not satisfied, an application being made to the Court for a Charging Order.etc etc . It then goes on to say - This letter is therefore warning you of possible legal proceedings, in the event that our client is not paid the debt due and owing. IT IS NOT TOO LATE TO AVOID THIS COURSE OF ACTION please contact blah blah blah.
              Good morning everyone just received the above today any suggestions as what to send next would be much appreciated as we have already sent the Threat-o-Gram Letter Before Action.thanks

              Comment


              • Re: What2donext / UE Diary

                Originally posted by what2donext View Post
                Good morning everyone just received the above today any suggestions as what to send next would be much appreciated as we have already sent the Threat-o-Gram Letter Before Action.thanks
                If it was me I Would send this--------> Final Response - Unenforceable (General)
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • Re: What2donext / UE Diary

                  Originally posted by in 2 deep View Post
                  If it was me I Would send this--------> Final Response - Unenforceable (General)
                  Cheers In2deep I will get it in this afternoons post

                  Comment


                  • Re: What2donext / UE Diary

                    Originally posted by what2donext View Post
                    Good afternoon everyone received the above today the agreement that dlc have sent looks different to the original one supplied by MBNA although they have also sent the application form with the same terms and conditions again ,should we email this to Niddy any help would be much appreciated thanks
                    Sorry for the delay! Its still unenforceable isn't it..... Nothing changed, original or copy - there is no link to the terms that they have attached so where is the original back page that belonged to that application? It's missing!

                    No response necessary right now as it is their final response.

                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • Re: What2donext / UE Diary

                      Originally posted by Never-In-Doubt View Post
                      Sorry for the delay! Its still unenforceable isn't it..... Nothing changed, original or copy - there is no link to the terms that they have attached so where is the original back page that belonged to that application? It's missing!

                      No response necessary right now as it is their final response.

                      Thanks a lot Niddy no problem about the delay I know you have a hell of a lot to deal with at least it is still U/E hope you are keeping ok
                      Cheers

                      Comment


                      • Re: What2donext / UE Diary

                        Originally posted by what2donext View Post
                        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
                        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.
                        Good morning everyone received the above today we will just file and wait and see what they come up with next.thanks

                        Comment


                        • Re: What2donext / UE Diary

                          Originally posted by what2donext View Post
                          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.
                          05/12/11 Received letter from Mercers Fantastic Offer Make 2 payments get 2 free etc etc.
                          10/11/12 Received another IMPORTANT INFORMATION letter from Mercers
                          12/01/12 Received letter from Calder Financial - A FINAL OFFER OFF HELP - Our clients are prepared to accept 60% of your outstanding balance in f&f settlement of your debt etc etc
                          06/03/12Received letter from Barclaycard - Formal Demand For Payment -As you have not complied with the recent Default Notice, the outstanding balance shown above is now due etc etc .If a payment is not made by 8 March 2012, a debt collector may call upon you or legal proceedings may be taken against you in the County Court blah blah blah.
                          22/03/12 Receieved from Barclaycard - your Barclaycard account has now been passed to RMA to manage the collection of the balance. etc etc .
                          23/03/12 Received a letter from RMA -Please accept this letter as notification that,due to non payment your account has been passed to RMA etc etc .
                          12/04/12 Received a letter from RMA -NOTICE OF CONCERN -With concern, I note that our records show you have failed to agree on an acceptable repayment plan on your outstanding balance with Barclaycard.etc etc.
                          17/04/12 Received a letter from RMA - You have been selected for a SETTLEMENT OFFER on your current outstanding balance you must call within 14 days etc etc.
                          24/04/12 Received another letter from RMA - We are writing to you as despite our attempts to reach a suitable agreement on the repayment of
                          your outstanding Barclaycard account, to date the matter remains unresolved.Please call us etc etc
                          28/04/12 Received yet another letter from RMA -NOTICE OF POTENTIAL DOORSTEP RECOVERY -We are writing to formally notify you of our intensions to forward your account to Scotcal LTD,a doorstep recovery agent etc etc.
                          28/04/12 Sent Harassment & Threat of Doorstep-Visit letter to RMA.
                          17/0512 Received letter from RMA- THIRTY DAY NOTICE - you have been legally notified of this debt and have failed to contact us in relation to your liability to our client. This situation is unacceptable and cannot be allowed to continue etc. etc. Should you fail to take advantage of one of these proposals will leave me with little alternative other than to return your account back to our client and recommend they investigate legal proceedings against you, as all our attempts to resolve the matter on a voluntary basis will have been unsuccessful. etc. etc.
                          17/05/12 Sent Threat by Creditor - Threat -o -Gram Letter Before Action to RMA
                          16/06/12 Received a letter from NCO Europe : Thank you for your letter dated 17th May the contents which have been duly noted .Your complaint as we understand it from the information provided, relates to : You claim not to have received an adequate response to your request for information under the Consumer Credit Act made to our client Barclaycard.
                          In order to adress the issues raised i have reviewed the system notes relating to theabove account and contactedour client, Barclaycard.
                          Our client confirmed they have no record of previously receiving your request. If you wish to make such a request please contact our client directly as the above account was closed by NCO on 12th June 2012. For the resons detailed above we are unable to uphold your complaint. Please note
                          this is our final response.
                          02/07/12 Received a letter from Moorcroft -We have been instructed by BARCLAYCARD - It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. We believe that this letter fulfills this requirement even if it is not actually read by you .
                          To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay.
                          Both our client and we do not wish to take this action but if agreement cannot be reached by 07.07/12 a claim may be issued by solicitors instructed to act on behalf of our client without further notice. etc etc.
                          Good afternoon everyone received the above today do we send Threat by Creditor - Threat -o -Gram Letter Before Action to Moorcroft? It is a year tomorrow since we joined this wonderful site we would just like to thank everyone who has helped us over the last year because without this support network we would'nt like to think where we would be today, many thanks again to all who have contributed to our diary.
                          Last edited by what2donext; 2 July 2012, 12:36.

                          Comment


                          • Re: What2donext / UE Diary

                            Originally posted by what2donext View Post
                            Good afternoon everyone received the above today do we send Threat by Creditor - Threat -o -Gram Letter Before Action to Moorcroft? It is a year tomorrow since we joined this wonderful site we would just like to thank everyone who has helped us over the last year because without this support network we would'nt like to think where we would be today, many thanks again to all who have contributed to our diary.
                            or this up to you ----------> Threat by Creditor - To Commence Litigation

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                            • Re: What2donext / UE Diary

                              Originally posted by in 2 deep View Post
                              or this up to you ----------> Threat by Creditor - To Commence Litigation

                              Cheers In2deep we knew it was one or the other we will get it in todays post

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                              • Re: What2donext / UE Diary

                                Originally posted by what2donext View Post
                                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.
                                05/12/11 Received letter from Mercers Fantastic Offer Make 2 payments get 2 free etc etc.
                                10/11/12 Received another IMPORTANT INFORMATION letter from Mercers
                                12/01/12 Received letter from Calder Financial - A FINAL OFFER OFF HELP - Our clients are prepared to accept 60% of your outstanding balance in f&f settlement of your debt etc etc
                                06/03/12Received letter from Barclaycard - Formal Demand For Payment -As you have not complied with the recent Default Notice, the outstanding balance shown above is now due etc etc .If a payment is not made by 8 March 2012, a debt collector may call upon you or legal proceedings may be taken against you in the County Court blah blah blah.
                                22/03/12 Receieved from Barclaycard - your Barclaycard account has now been passed to RMA to manage the collection of the balance. etc etc .
                                23/03/12 Received a letter from RMA -Please accept this letter as notification that,due to non payment your account has been passed to RMA etc etc .
                                12/04/12 Received a letter from RMA -NOTICE OF CONCERN -With concern, I note that our records show you have failed to agree on an acceptable repayment plan on your outstanding balance with Barclaycard.etc etc.
                                17/04/12 Received a letter from RMA - You have been selected for a SETTLEMENT OFFER on your current outstanding balance you must call within 14 days etc etc.
                                24/04/12 Received another letter from RMA - We are writing to you as despite our attempts to reach a suitable agreement on the repayment of
                                your outstanding Barclaycard account, to date the matter remains unresolved.Please call us etc etc
                                28/04/12 Received yet another letter from RMA -NOTICE OF POTENTIAL DOORSTEP RECOVERY -We are writing to formally notify you of our intensions to forward your account to Scotcal LTD,a doorstep recovery agent etc etc.
                                28/04/12 Sent Harassment & Threat of Doorstep-Visit letter to RMA.
                                17/0512 Received letter from RMA- THIRTY DAY NOTICE - you have been legally notified of this debt and have failed to contact us in relation to your liability to our client. This situation is unacceptable and cannot be allowed to continue etc. etc. Should you fail to take advantage of one of these proposals will leave me with little alternative other than to return your account back to our client and recommend they investigate legal proceedings against you, as all our attempts to resolve the matter on a voluntary basis will have been unsuccessful. etc. etc.
                                17/05/12 Sent Threat by Creditor - Threat -o -Gram Letter Before Action to RMA
                                16/06/12 Received a letter from NCO Europe : Thank you for your letter dated 17th May the contents which have been duly noted .Your complaint as we understand it from the information provided, relates to : You claim not to have received an adequate response to your request for information under the Consumer Credit Act made to our client Barclaycard.
                                In order to adress the issues raised i have reviewed the system notes relating to theabove account and contactedour client, Barclaycard.
                                Our client confirmed they have no record of previously receiving your request. If you wish to make such a request please contact our client directly as the above account was closed by NCO on 12th June 2012. For the resons detailed above we are unable to uphold your complaint. Please note
                                this is our final response.
                                02/07/12 Received a letter from Moorcroft -We have been instructed by BARCLAYCARD - It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. We believe that this letter fulfills this requirement even if it is not actually read by you .
                                To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay.
                                Both our client and we do not wish to take this action but if agreement cannot be reached by 07.07/12 a claim may be issued by solicitors instructed to act on behalf of our client without further notice. etc etc.
                                02/07/12 Threat by Creditor - To Commence Litigation sent to Moorcroft.
                                04/07/12 Received a letter from Barclaycard : Your Barclaycard account has been passed to Moorcroft Debt Recovery Limited etc etc .
                                Good morning everyone received the above yesterday as we have already responded to Moorcroft before Barclaycard informed us that they had been appointed we will wait and see what response we get. thanks

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