lookingforward's UE Diary

[Elsie52]

Re: fedupwiththeworry's UE Diary

You are welcome.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Mint - having rec'd a letter stating their client was unable to prove a signed copy of the agreement etc from Moorcroft, Niddy advised to send the letter below:-

Unlike above, this time you need to send this: ---> Debtors Final Response - CCA Received

They then wrote back on the 19.3.11 to say they were returning the a/c to their client and cease any further action with regard to it

Today a letter from Wescot stating they have been instructed to collect the o/s amount on the a/c

Assume I send this - http://forums.all-about-debt.co.uk/s...2&postcount=27

Will wait for confirmation before sending

[swanfan]

Re: fedupwiththeworry's UE Diary

Today a letter from Wescot stating they have been instructed to collect the o/s amount on the a/c

Assume I send this - http://forums.all-about-debt.co.uk/s...2&postcount=27

Will wait for confirmation before sending

Yeah send that back.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Yeah send that back.

Will do, thx

[lookingforward]

Re: fedupwiththeworry's UE Diary

I realise Niddy is on his well deserved holiday however I'm posting this one up so as to keep up to date as letters come in and also because they are threatening a CCJ


It's re an MBNA loan which Niddy has seen and commented as follows in Dec last year:-






This is a right mess, MBNA have cost themselves over £20k with this balls up ;;L

Ok, i'll put you out your misery - it is unenforceable nah

Why?

See here: ---> viewtopic.php?p=12111#p12111

This should be a multiple agreement with separate details and separate apr etc shown for the PPI (as it is in essence a separate loan) - as they have omitted all this, ooops!

Respond to 1st Crappy Credit with the following: ---> viewtopic.php?p=1503#p1503

Well done - result!









This is todays letter

14.3.11 Letter from Connaught ack my letter 9.3.11. they state that we confirm that you may consider this debt to be “formally disputed” we however do not. The credit agreement provided to you does conatin the prescribed terms, as defined by the CCA 1974

A loan agreement is a fixed sum credit agreement and accordingly the prescribed terms are:

Amount of credit – A term stating the amount of credit.
And
Repayments – A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:-
Number of repayments
Amount of repayments
Frequency and timing of payments
Dates of repayments
The manner in which any of the above may be determined, or in any other way, and any power of the creditor to vary what is payable.

All of the above information is contained within section 1 of the loan agreement.

Your suggestion therefore that we are prevented from enforcing the o/s debt as a result of the credit agreement omitting the prescribed terms of a fixed sum credit agreement is quite simply wrong.

I can confirm if you fail to provide us with an offer of repayment within fourteen days, we shall have no other option than to seek to obtain a CCJ against you.

Their letter is dated 11.3.11

Sent the "threat O gram -letter before action" letter which they ack saying it was being sent to the relevent dept, and now today I have rec'd this:-

Letter from Connaught (wrong surname on the letter, not that it makes any difference I think) thanking me for my letter and states “we are disappointed you have failed to provide us with an offer of repayment. Your assertiob this debt is unenforceable is incorrect and you have to date failed to raise any valid dispute. I therefore confirm you’re a/c will now be referred to our legal dept to consider legal action against you. I the circumstances we would suggest you obtain urgent independent legal advice on this matter.

This mob have been the most persistant of any on my UE journey thus far,
and this is an UE agreement too

[lookingforward]

Re: fedupwiththeworry's UE Diary

Cahoot flexible loan statement rec'd - ignoring

[MrsD]

Re: fedupwiththeworry's UE Diary

Hi FAW

Niddy will be back next week, and just because they are sure they are right, doesn't make them right. As I can gather, they have lumped the PPI in with the general loan which I don't think they can do. This is MBNA who are not the most efficient mob on the planet. Have you tried to claim back the PPI ?

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hi FAW

Niddy will be back next week, and just because they are sure they are right, doesn't make them right. As I can gather, they have lumped the PPI in with the general loan which I don't think they can do. This is MBNA who are not the most efficient mob on the planet. Have you tried to claim back the PPI ?

Hi,
No I haven't tried reclaiming the PPI as I thought this would be admiting the debt. Also it wouldn't cover the o/s balance unfortunately so nothing to be gained assuming that they take it off the balance and not send a cheque.

[nanna58]

Re: fedupwiththeworry's UE Diary

hi fed up
i have an ongoing ppi and the fos have sais because of the volume of claims approx 2,500 per week it may take up to a year to resolve.

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Mint - having rec'd a letter stating their client was unable to prove a signed copy of the agreement etc from Moorcroft, Niddy advised to send the letter below:-

They then wrote back on the 19.3.11 to say they were returning the a/c to their client and cease any further action with regard to it

Today a letter from Wescot stating they have been instructed to collect the o/s amount on the a/c

Assume I send this - http://forums.all-about-debt.co.uk/s...2&postcount=27

Will wait for confirmation before sending

As you have a letter confirming no CCA you need to copy it and send it along with one of these ---> CCA Query - Letter Previously Confirming No CCA

As you've probably already sent the other letter, when they reply (which they will do - real soon); just post back and then i'll confirm what you need to send back ok?

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Sent the "threat O gram -letter before action" letter which they ack saying it was being sent to the relevent dept, and now today I have rec'd this:-

Letter from Connaught (wrong surname on the letter, not that it makes any difference I think) thanking me for my letter and states “we are disappointed you have failed to provide us with an offer of repayment. Your assertiob this debt is unenforceable is incorrect and you have to date failed to raise any valid dispute. I therefore confirm you’re a/c will now be referred to our legal dept to consider legal action against you. I the circumstances we would suggest you obtain urgent independent legal advice on this matter.

This mob have been the most persistant of any on my UE journey thus far,
and this is an UE agreement too

This probably crossed with the legal threat you sent, so hold fire - see what happens next ok? Don't worry about it, they did not send a correct agreement as it did not comply with s.18 CCA1974 - see here: ---> Multiple Agreements

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Cahoot flexible loan statement rec'd - ignoring

Yep, just ignore

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hi,
No I haven't tried reclaiming the PPI as I thought this would be admiting the debt. Also it wouldn't cover the o/s balance unfortunately so nothing to be gained assuming that they take it off the balance and not send a cheque.

It'd render any claim made by the lender/dca invalid as well - so don't reclaim just yet ok? Sit tight, we can look at doing that later but right now the agreement is well and truly in breach of s.18 CCA1974 as detailed and linked to, above.

[lookingforward]

Re: fedupwiththeworry's UE Diary

As you have a letter confirming no CCA you need to copy it and send it along with one of these ---> CCA Query - Letter Previously Confirming No CCA

As you've probably already sent the other letter, when they reply (which they will do - real soon); just post back and then i'll confirm what you need to send back ok?

Yes the other letter has been sent, will do as requested and post back when they respond

[lookingforward]

Re: fedupwiththeworry's UE Diary

This probably crossed with the legal threat you sent, so hold fire - see what happens next ok? Don't worry about it, they did not send a correct agreement as it did not comply with s.18 CCA1974 - see here: ---> Multiple Agreements

Will do, also noted the other post re PPI claim, thanks