lookingforward's UE Diary

[lookingforward]

Re: fedupwiththeworry's UE Diary

ASDA C/C

24.5.10 CCA Request sent
1.6.10 Normal statement received showing £1.00 cca payment taken off as a cash payment.

3/06/10 CCA REMINDER SENT
4.6.10 CL Finance sent letter as the creditor in the matter. They do not hold a copy so are in process of retrieving. Confirm no enforcement action while request is o/s.
25.06.2010 Copy of original Application form rec’d. Unenforcable
29.06.2010 S10 Cease and Desist posted

Last payment 27.04.10

6.7.10 Letter from CL rec’d in response to chase up stating they have responded and enclosing copy of details we rec’d 25.6.10

8.7.10 Normal statement received

2.8.10 Normal statement rec’d plus a letter advising I’ve failed to make concessionary payment. If no payments agreement will be cancelled, default registered etc wtg Niddy to see if I ignore

12.8.10 Default notice and default charges letters rec’d-no action req’d on these re niddy

13.8.10 Debtors final response cca recd letter sent to cl finance

25.8.10 Letter rec’d from CL stating they have fullfilled their obligations and sent a copy of the same info again.

4.9.10 Normal statement rec’d

6.9.10 Refusal by lender to accept UE letter sent to cl finance

5.10.10 letter from CL re my letter 6.9.10 saying they have noted but not accepted the contents. It remains their contention that they have provided a true copy of the original agreement and the T&C's that were incoroprated on the reverse of my agreement.

They have no further comments to add to the matter and therefore look forward to receiving my payment proposals by return.........

Ignore re Niddy

16.10.10 Statement rec’d from CL (Oct 08-Jul 10) ignore re Niddy

22.10.10 2 seperate letters rec'd from CL today1 is a statement and 1 is stating that I've failed to make the agreed payments, if payment is not rec'd the arrangement will be cancelled and further action will be taken to recover the full balance. Please treat this letter as formal notification that if I do not make the agreed payment a default will be registered at the credit ref agencies etc etc.


2 letters received from CL Finance today:

5.11.10 Letter rec’d from CL Finance with notice of default sums £12.00 total

5.11.10 Default notice served under section 87(1) of the CCA 1974 received with OFT info sheet included. Payment needs to be made by 20.11.10 if not then my a/c will be closed and solicitors may be instructed to issue legal proceedings against me for recovery of the full o/s balance.

Guess I just ignore these too ?

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Cahoot flexible loan

5.11.10 Letter from Santander replying to my letter dated 13.8.10. They refer me to their letter rec’d 2.8.10 (copy of letter & signed credit agreement again enclosed) and it is their belief that they have fully complied with all elements of the CCA and the agreement remains fully enforceable against me. They have no further comment to make in this matter as I have exhausted their internal complaints process. Enclosed a leaflet about the FOS in case I’m not happy.

Guess I just ignore them ?[/color]

Hiya, yep you sit tight and ignore them. Nothing to respond with really.... see what happens and update as appropriate!

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

ASDA C/C
5.11.10 Letter rec’d from CL Finance with notice of default sums £12.00 total

5.11.10 Default notice served under section 87(1) of the CCA 1974 received with OFT info sheet included. Payment needs to be made by 20.11.10 if not then my a/c will be closed and solicitors may be instructed to issue legal proceedings against me for recovery of the full o/s balance. Guess I just ignore these too ?

This is them formally defaulting the account - again, just ignore this. 2

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy

[lookingforward]

Re: fedupwiththeworry's UE Diary

MBNA Loan/1st Credit last payment apr 10

24.5.10 CCA Request sent


25.05.2010 Delivered


10.06.2010 No response. CCA Reminder Sent

25.6.10 Instalment default notice received. stating full amount is now due and payable.- Ignored.




1.11.10 Annual satement received today covering OCT 2009 > OCT 2010.
Also in the letter they are kindly offering me 30% off if I pay in November

Ignoring

They really are strange today I've received a letter from 1st credit introducing themselves to me stating MBNA have assigned them the full o/s balance due etc etc payments should be made to them etc etc contact them to arrange payments etc etc in accordance with te data protection act 1998 the will comply with any request for a copy of personal info if I send £10 etc etc

Well yes I know you are dealing with it as you sent me that letter (except it was £5.00 for the info) years ago. While I was paying through Payplan it was going to 1st credit and basically they have not responded to my CCA request so am going to ignore.......even though they've told me not to

Is that OK Niddy ?

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hiya,

You should send this to the new DCA writing to you: ---> viewtopic.php?p=20203#p20203

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hiya,

You should send this to the new DCA writing to you: ---> viewtopic.php?p=20203#p20203

Hi Niddy,

Just want to check this as I'd had a previous letter from this DCA (1st credit) years ago stating the same i.e. they had been assigned the full balance, pay them direct etc, so they were getting the Payplan payments when I was making them, and I also sent the CCA request to them which they have not responded to.

So basically they are not a new DCA, so wanted to clarify before I sent anything.

Thx

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hi Niddy,

Just want to check this as I'd had a previous letter from this DCA (1st credit) years ago stating the same i.e. they had been assigned the full balance, pay them direct etc, so they were getting the Payplan payments when I was making them, and I also sent the CCA request to them which they have not responded to.

So basically they are not a new DCA, so wanted to clarify before I sent anything.

Thx

Hiya

Thanks for clearing that up - ok then if you're still waiting for the CCA Request then you should send the reminder/chaser here: ---> http://forums.all-about-debt.co.uk/view ... 1502#p1502

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy , sending today. Just to clear the process in my head, I'd prev sent a CCA reminder in June and I know you normally say to just leave it as they are in default by not responding, so I assume that in this case it's because they are re-introducing themselves and wanting payment, that this is sent as a warning shot to remind them that they haven't complied with the CCA request so back off.

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hiya

Exactly - see, you're learning this y y

Its just following process, that is all. Nothing to worry about.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy, I'll get there in the end ;-y

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

y

[lookingforward]

Re: fedupwiththeworry's UE Diary

Barclaycard Mastercard

Story so far:-

Last payment 30.4.10


24.5.10 CCA Request sent

25.05.10 DELIVERED

10.06.10 No Response. CCA Reminder Sent

3.11.10 Letter rec’d from B/Card writing with regard to my request for a copy of executed agreement, with current credit limit 0 and bal on a/c £xxxx due to current status the full o/s bal is due, if I’m have financial difficulty contact them to agree a mutually acceptable repayment arrangement.. b/c agreement and conditions of use plus 2 pages of conditions.

4.11.10 :UE re Niddy - Sent CCA Query t&c’s supplied letter

Rec'd letter from B'Card today in response to the letter I sent on 4th Nov.

Basically justifying what they have sent so far quoting the fact that they need not provide a copy of the agreement bearing the signature of both parties stating the Carey case. They can provide a reconstituted copy which consists of a full set of the T&C's applicable at the date the agreement was entered into and the following (to the extent that they are not included in the copy T&C's provided)

Heading:-credit agreement reg bu the CCA1974 or credit card agreement reg by the CCA1974
Name and adress of the debtor
Name and address of the creditor
Cancellation clause agreement
This information was included in their letter (which I rec'd3.11.10 above)
Statement of the terms of the agreement as varied.-Reg 7 provides that where an agreement has been varied in accordance with section 82(1) of the act as is the case with your credit agreement every copy of the executed agreement shall include either a copy of the latest notice of variation for each term that has been varied or an easily legible statement of the terms as varied. An esily legible statement of the terms has been provided to me.
Statement of A/C showing the state of the a/c, amount currently payable and the date and amount of the next payment due was provided in the letter.
Compliance with section 61 of the act

They waffle on here about the fact that I allege that the copy agreement does not comply with section 61 of the act and to refer to paragraph 230 of the Carey case etc etc.
Then sum up by saying that they believe the agreement to be fully compliant and to please note that where a photocopy of an application form has been provided to me for reference, this is not a copy of the complete document but only a copy of one page. T&C's including the prescribed terms, would have been on the reverse of this page at the time it was signed. Additionaly thhe document would have been easily legible at the time of signature.
For the purposes of the FOS service please consider this to be their final response.


So after all that, I assume I just ignore them

[lookingforward]

Re: fedupwiththeworry's UE Diary

1st Credit who own (MBNA Loan)

History:-
24.5.10 CCA Request sent

25.05.2010 Delivered

10.06.2010 No response. CCA Reminder Sent

25.6.10 Instalment default notice received. stating full amount is now due and payable.- Ignored.

1.11.10 Annual satement received today covering OCT 2009 > OCT 2010.
Also in the letter they are kindly offering me 30% off if I pay in November

Ignoring

9.11.10 Letter from 1st credit introducing themselves stating they have been assigned the debt, had same letter years ago.

11.11.10 CCA chase up sent to 1st credit Re Niddy

Today received letter from 1st Credit threatening legal proceedings which will include legal costs & interest being charged thereafter:
entry of my name in the register of judgements etc etc making it difficult to obtain credit in the future - Don't want any thanks ;LOL

Subsequent failure to make payment may resukt in enforcement action:

Attachment of earnings, seizure of assets by CC baliff, charging order if I have an owned property etc

I know this is a scare tactic letter and in fact I had virtually the same one from them years ago when I was struggling to pay, however do I ignore as they haven't responded to my CCA request or send the threat of court action letter ?

Thx
Niddy

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Barclaycard Mastercard

So after all that, I assume I just ignore them [/color]

Yes, you do ignore them ;LOL