DNW's UE Diary

[DNW]

Re: DNW's UE Diary

They've produced one now though if I'm reading things properly. Will be interesting to see what Niddy makes of it!

Hopefully it'll be a load of bollocks and not worth the paper they've copied it on, but going by the run of luck I've had with the majority of creditors it'll be water-tight. Then again it is barclays, so who knows!

[BBoo]

Re: DNW's UE Diary

They've produced one now though if I'm reading things properly. Will be interesting to see what Niddy makes of it!

[Deepie]

Re: DNW's UE Diary

What can they do .............No CCA received.....

[MrsD]

Re: DNW's UE Diary

wait until Niddy has had a look, then he'll know what the best reply would be.

Try not to worry

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,161
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears  (DN rec'd 03/09)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 18/04/11 Acknowledge receipt of I&E, refuse to reduce or stop charges
2. 27/04/11 Request for payment
3. 13/05/11 Reduced credit limit
4. 01/06/11 Reminder of overdue payment and informed it will be passed to Mercers to send default notice.
5. 30/06/11 Mercers - accept £1 payments, to be reviewed in 2 months. No interest or charges to be applied while making token payments.
6. 24/07/11 I wrote and requested refund interest & charges (sent to Barclays & Mercers)
7. 17/08/11 CCA request sent
8. 03/09/11 DN Received from Mercers
9. 05/09/11 Acknowledged CCA request - they're looking for it and will get back to me
10. 13/09/11 Letter rec'd from Mercers - 48 hours notice (letter dated 06/09/11), I have ignored their demands for payment so they are now passing my account to a local firm who may send a rep to visit me (ignored)
11. 29/09/11 Covering letter for Recon CCA enclosed - but no encs in envelope
12. 29/09/11 Letter received - Calders - 7 day notice (ignored)
    
13. 17/10/11 Current T&C received
14. 19/10/11 Letter sent to Calders - Harassment & Threat of Doorstep-Visit
15. 04/11/11 Letter received - Formal Demand for Payment (full balance) - until paid, no statements will be sent. If not paid by 08/11/11, debt collectors may call or you may be taken to court. We will set off any funds available to us.
    
16. 09/11/11 - Sent Final Response - Unenforceability (No CCA Received)
17. .
    
18. **** Update Below ****
19. .
    

Update:

1. 15/11/11 - Received from Barclays -
   

• They feel they have fulfilled their obligations and complied with my s.78 request
• Re section 61, they point to paragraph 230 Carey vs HSBC, and say "It's insufficient.. to point to the absence of a signed, or a proper s78 copy as a foundation for a plea of an improperly executed agreement
• They believe my credit agreement to be fully compliant and will oppose allegations that it isn't
  
• With regards to the OFT, they do not hold my account to be in dispute
• Attached was a copy of my CCA

Other than uploading my CCA for Niddy to see (will do this tomorrow) - is there anything I need to respond with or anything I need to do with this for now?

[DNW]

Re: DNW's UE Diary

Okey dokes, I can do that no problem

[Never-In-Doubt]

Re: DNW's UE Diary

Ok you just ignore this. Do not reply

[DNW]

Re: DNW's UE Diary

Thanks - just PMed you a link, it was already in the secure section but I'd buried it by mistake.

[Never-In-Doubt]

Re: DNW's UE Diary

Sorry I've just been and checked the letter - they don't actually say that it's unenforcable, they say that they're unable to provide a copy of the original agreement... So I think In2 is right and I need to send account in dispute?

Ok email me their letter please. Sit tight for now.

[DNW]

Re: DNW's UE Diary

Cross posted so posting it again as I don't want to get it wrong:

Sorry I've just been and checked the letter - they don't actually say that it's unenforcable, they say that they're unable to provide a copy of the original agreement... So I think In2 is right and I need to send account in dispute?

[Deepie]

Re: DNW's UE Diary

Sorry miss read it........

[DNW]

Re: DNW's UE Diary

Sorry I've just been and checked the letter - they don't actually say that it's unenforcable, they say that they're unable to provide a copy of the original agreement... So I think In2 is right and I need to send account in dispute?

[Never-In-Doubt]

Re: DNW's UE Diary

Thanks but I'm confused now (doesn't take much lol) - why would I send account sold whilst in dispute when it hasn't been sold (letter says they're writing on behalf of) and Marbles have stated it's UE rather than me saying it's in dispute

Slight confusion - read my last post - you need to do as you suggested.

[Never-In-Doubt]

Re: DNW's UE Diary

Update as above - am I right in thinking I need to send this to 1st Credit: CCA Query - Letter Previously Confirming No CCA along with a copy of Marbles letter informing me they have no CCA?

Yes - exactly

[Deepie]

Re: DNW's UE Diary

Thanks but I'm confused now (doesn't take much lol) - why would I send account sold whilst in dispute when it hasn't been sold (letter says they're writing on behalf of) and Marbles have stated it's UE rather than me saying it's in dispute

In that letter you got does it say they can not enforce the agreement ?