lookingforward's UE Diary

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Ok, that answers it - so it is unenforceable. I presume I checked it? Well if it was an app form and terms then it will be UE anyways.... keep us updated.

[lookingforward]

Re: fedupwiththeworry's UE Diary

Hi Niddy,

Twas back in the MSE days and you said you didn't need to see it as it was an app form plus they've admitted several times since that they can't enforce.

Letter printed and ready to post later today.

Thx again

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hi Niddy,

Twas back in the MSE days and you said you didn't need to see it as it was an app form plus they've admitted several times since that they can't enforce.

Letter printed and ready to post later today.

Thx again

oooer thanks - lol, that makes sense! y

[lookingforward]

Re: fedupwiththeworry's UE Diary

ASDA C/C - Last payment 27.04.10

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. :UE
29.06.2010 S10 Cease and Desist posted


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


Today I have received a 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.........

They'll have a long wait

Guess I should take that as their final response and ignore them ?

Hiya

Yep - draw a line under this now. Idiots don't have a clue, i'd like to see them win in court using an application as a bloody CCA! Idiots idiots idiots!!!

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.

Guess I just ignore both letters.

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Guess I just ignore both letters.

Correct - just sit tight for the time being..... ;-y

[lookingforward]

Re: fedupwiththeworry's UE Diary

BOS C/C Last payment 26.04.10


24.5.10 CCA Request sent
26.5.10 Letter received stating they are awaiting documentation
2.6.10 Copy of orig signed form plus reconstituted current terms & conditions
3/06/10 Dispute section10 sent
3.6.10 Letter received from Blair Oliver & Scott chasing payment of £28.77
15.6.10 Letter rec’d from Blair etc chasing payment arrears(no amount quoted)
21.06.10 Refusal to accept unenforcability sent with copy of s10 to both BOS and Blair Oliver Scott.
24.6.10 Letter rec’d stating unenforceable as they can’t find docs
10.7.10 Rec’d letter basically the same as the one rec’d on 24.6.10 stating they can’t find the reconstituted version of the executed agreement so can’t send. They sent signed copy of application form and T&C’s. They will not seek to enforce as they can’t find, but they don’t agree it’s unenforceable. Need to send to Niddy when BB back up.


15.7.10 Payment chase up rec’d from Blair Oliver Scott.


28.7.10 Emailed the 10.7.10 letter and explained the Blair letter to Niddy.

13.8.10 Refusal by lender/dca to accept unenforceability letter sent to Blair

14.8.10 Letter from Wescot rec’d demanding payment..wtg Niddy

20.8.10 a/c sold while in dispute letter sent to Wescott along with a copy of letter sent to Blair on the 13.8.10

27.8.10 Letter from BOS ack receipt of letter dated 13.8.10 (sent to Blair) saying they can’t trace the recon version of the executed agreement and therefore are not in a position to provide a copy at this time. However they did provide a copy of the signed app form and current t&c’s. They are satisfied that the t&c’s of the agreement were on the reverse of the app form therefore I had seen them. They will not seek to enorce the agreement though the courts but it is not void. This is their final response on the matter.


24.9.10 C/C statement rec’d stating if I don’t make a payment they will take from another a/c or savings a/c with them even if it’s a joint a/c. Ignore re Niddy

Letter received today from IQOR Recovery Services Ltd stating mastercard gold card have passed the debt onto them with instructions to recover the o/s balance in full. Threats in the letter include that they may take legal action in the county court/sherrif court which may result in a judgement against me, or they may instruct a debt collector to visit mt home and collect the debt personally.

Basically they want a payment proposal.

What letter should I respond to with this please Niddy ?

Thx as always

Sent the Threat by DCA to commence litigation letter as per Niddy and they have responded today stating they are investigating and will write again when the investigation is complete......ignoring

[lookingforward]

Re: fedupwiththeworry's UE Diary

MBNA - 1st Credit

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.


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 ;LOL

Ignoring

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

BOS C/C Last payment 26.04.10 - Sent the Threat by DCA to commence litigation letter as per Niddy and they have responded today stating they are investigating and will write again when the investigation is complete......ignoring

Yep just ignore for the moment...... no action necessary 2

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

MBNA - 1st Credit

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 ;LOL Ignoring

Yep just ignore for the moment...... no action necessary 2

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy, I like no action...

Rec'd a letter from Santander today, don't recognise the reference as applying to either Cahoot accounts but am assuming it's the c/c as Moorcroft were sending back to them. Diary details to date are:

Cahoot C/C Last payment 26.04.10


24.5.10 CCA Request sent
2.6.10 Letter received stating they have requested the relevent documentation from their client and collection activity put on hold.


22.7.10 Letter with agreement received, need to send to Niddy


28.7.10 Email with 22.7.10 letter sent to Niddy.

11.8.10 enforceable so trying to blag so sent CCA query letter

20.8.10 Letter rec’d from Moorcroft due to impasse between us and their clients they are returning it to them and will cease any further activity with regard to it.

Todays letter basically states they are investigating and I should continue to pay in the meantime.

Will ignore this one too :-)

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Todays letter basically states they are investigating and I should continue to pay in the meantime. Will ignore this one too :-)

Yep, just continue to ignore - that is how we usually blag the enforceable ones

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy.

OK Letter from Barclaycard today, details so far:

Barclaycard Mastercard - Last payment 30.4.10


24.5.10 CCA Request sent


25.05.10 DELIVERED


10.06.10 No Response. CCA Reminder Sent

Today 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 £9000 odd, 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..
They then say please find enclosed a copy of my original executed agreement and a copy of the T&C's of the a/c prior to it being transferred to their recoveries dept. They then say with reference to the civil procedure rules (the CPR) they have provided me with sufficient information to allow me to understand their position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the appication, including the respondants costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1(2).
While there is no formal obligation on their part to provide documentation in answer to validation of debt correspondance, they have undertaken steps to provide me with the contractual terms under which my financial obligations arise and a statement of a/c.
They are fullt satisfied that the sums o/s by me remains legally due and payable, I should continue to pay if not they may register a default etc.
This completes their obligation under section S.78 of the CCA 1974.

There is attached the following:

1 page a4 sheet with my name and address top left and an enclosed section in the centre "your right to cancel" once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by us. The rest of the page is blank.

Attached to this is a copy of barclaycard agreement-a copy for your records- no name address, or signature on this just various headings and details including credit limit and charges saying they will determine and notify your credit limit from time to time initially it will be a figure specified in the table below. The table shows various amounts from £500 to £2500 and inclusive and exclusive of APR fees for cash advances and purchases.

also attached is a b/c conditions of use.

Then 2 seperate attached pages of Barclaycard conditions.

Sorry for the long post, trying to put it here to save you an email.

Thx as always

[Never-In-Doubt]

Re: fedupwiththeworry's UE Diary

Hiya

What they have sent is a load of old rubbish, nothing surprises me with Barclays to be honest! Send this back to them: ---> viewtopic.php?p=1623#p1623

:UE

[lookingforward]

Re: fedupwiththeworry's UE Diary

Thanks Niddy, letter in the post today

[lookingforward]

Re: fedupwiththeworry's UE Diary

Cahoot flexible loan

24.5.10 CCA Request sent

04.06.2010 Delivered

10.06.2010 No response received. CCA Reminder sent

10.06.2010 CCA Rec’d email’d to Niddy to check

24.6.10 Letter rec’d saying looking into complaint

25.6.10 Re emailed Niddy for clarification on CCA

29.06.10 S10 Cease and Desist sent

Last payment 26.04.10

17.7.10 Letter rec’d acknowledging complaint stating they will investigate, bal still o/s etc etc.

28.7.10 transaction list for a/c received.

2.8.10 Letter rec’d apologising for delay.

2.8.10 Ltter rec’d refuting S.10 need to send to Niddy.

13.8.10 Debtors final response CCA rec’d letter sent

26.8.10 Letter rec’d Moorcroft saying I have defaulted on agreement to pay £18.78 per month. So now in arrears by £18.70. Their records show dealing through a 3rd party if no longer the case contact them directly. Inless payments are maintained there’s a possibility they may recommend to their clients to instruct solicitots for legal proceedings.

4.9.10 Letter rec’d Moorcroft saying despite letters I have defaulted , arrears now £37.48. as a result of this a/c has been passed to home collections div for action. May involve home visit etc.

6.9.10 Threat of doorstep visit letter sent


Today 2 letters

5.11.10 Letter from Santander apologising for the delay still looking into the situation.

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 ?