Marlings UE diary

[Never-In-Doubt]

Re: Marlings UE diary

acct #1 - halifax card
iqor have recieved cca request(got proof)
no letters recieved re request.
2 letters form nelson solictors & one from wescot offering offers & doorstop collection.

Ok, send this already! ---> CCA Reminder - Unenforceability Threat

[marling]

Re: Marlings UE diary

why? If you sent it to the account owner, ie DCA then that's perfectly acceptable..... what's happened here?

two seperate letters from hillesden securities
1) acct#7 - egg loan
returned £1 po,
they say i must contact egg customer relations, derby. as they are responsible for handling these request's.
2) acct#4 - egg card
returned £1 po,
the above account has beeen closed on our system and returned to egg plc.

await your reply

[Never-In-Doubt]

Re: Marlings UE diary

two seperate letters from hillesden securities
1) acct#7 - egg loan
returned £1 po,
they say i must contact egg customer relations, derby. as they are responsible for handling these request's.
2) acct#4 - egg card
returned £1 po,
the above account has beeen closed on our system and returned to egg plc.

await your reply

Act 7 - they talk shyte - they are the owner so they deal with it and THEY request it from Egg, not you ..... However to get clarity, just resend it to egg this time

Act 4 - Ok that's fair enough send it to Egg

[marling]

Re: Marlings UE diary

acct #8 - north rock
my cca request still not verified on royal mail as delivered

21/11/11 nram letter - i have missed contracted payments

[Never-In-Doubt]

Re: Marlings UE diary

acct #8 - north rock
my cca request still not verified on royal mail as delivered

21/11/11 nram letter - i have missed contracted payments

Is this part of a mortgage ie secured loan/together loan anything like that?

When did you send the CCA - you can ring RM and they'll confirm if it was bulk delivered....

[marling]

Re: Marlings UE diary

acct #3 amex card
cca recieved - have just forwarded it you

[marling]

Re: Marlings UE diary

acct #2 - lloyds card
moorcroft have recieved cca(have proof)
26/9/11 - moorcroft - they have written to lloyds for relevant information.

5/11/11 - moorcroft - telling me lloyds have contacted me re information requested - can i contact them..................
i have recieved nothing at all re the above .

[marling]

Re: Marlings UE diary

acct #3 amex card
cca recieved - have just forwarded it you

28/11/11
letter form moorcroft
amex have sent relevant information........ can i agree repayment with them.

[marling]

Re: Marlings UE diary

Act 7 - they talk shyte - they are the owner so they deal with it and THEY request it from Egg, not you ..... However to get clarity, just resend it to egg this time

Act 4 - Ok that's fair enough send it to Egg

re acct #4 egg card
a few letters from barclaycard saying account has been transferred to them, and that the account has now been passed to allied credit for collection........... so should i send to egg, barclay or allied ? allied yeah ?

[Pixie]

Re: Marlings UE diary

28/11/11
letter form moorcroft
amex have sent relevant information........ can i agree repayment with them.

No you can't! Wait until you see what Niddy says about the cca.

re acct #4 egg card
a few letters from barclaycard saying account has been transferred to them, and that the account has now been passed to allied credit for collection........... so should i send to egg, barclay or allied ? allied yeah ?

If Allied are now dealing with it, send the cca request to them.

[Never-In-Doubt]

Re: Marlings UE diary

acct #2 - lloyds card
moorcroft have recieved cca(have proof)
26/9/11 - moorcroft - they have written to lloyds for relevant information.

5/11/11 - moorcroft - telling me lloyds have contacted me re information requested - can i contact them..................
i have recieved nothing at all re the above .

No - they are in default so you need to wait, they cannot enforce this until they supply the info...

Are you actually familiar with the process here, ie do you actually know what it is you're doing cos I have serious doubts and as such I am really inclined to suggest you speak to a professional as things will get bad, lots worse, yet you're acting as if you don't know what the process is about which really worries me.....

Please clarify, and ask any questions - I will not suggest any action until I hear from you next as I am really concerned that you're gonna get eaten up with a minefield of info/hassle in the coming months.

Niddy

[mauijim]

Re: Marlings UE diary

Hi Marling

As Niddy is always mega busy I thought I would try and explain the process of UE and very simple terms so you can understand it. I am just a layman like you and I'm also following the UE route so this is how I have been dealing with things. If there are any glaring errors, hopefully there won't be, then some of the mods will correct them.

UE is about us as consumers looking to use the laws of the consumer credit act to our advantage. It is not illegal, we are simply using the legal framework to fight back. I won't pretend to know the laws, Niddy and his crew handle that bit.

If you choose the UE path then basically you are asking the creditor to provide paperwork that legally enforces the debt. Quite simply, if they cannot provide paperwork that legally enforces the debt they cannot pursue you thought the courts to recover the money. They can register the debt with the credit reference agencies so your credit file will be shot to pieces. However, let's face it you probably knew that anyway. That is a brief summary of how it works. There will always be legal arguments and nuances that must be accounted for and Niddy will always make you aware of them.

So with the above in mind here is what you do and what you expect.


You send a CCA request to the owner of the debt. That could be the original creditor or the DCA chasing you. The DCA is responsible for supplying the CCA but many duck this and ask you to write to the original creditor. You have already experienced this so write to the original creditor.

You then wait for them to provide the CCA within 14 days. If they do not reply then they are in default and the ball is in their court to act next. You have reasonably asked for relevant paperwork and they are legally obliged to provide it.

So now they either provide something or they don't. If they provide something you let Niddy examine it and he will say if he deems it enforceable or unenforceable and will advise your next move. If they send nothing then the account remains in default and you do nothing but wait for them to reply. Basically you don't remind them about the account but if they start to chase you, show Niddy and the crew what they have sent and the correct advice on your next move will be given.

The account will be taken out of default if they subsequently provide a CCA prior to the debt being statute barred (6 years in England and 5 years in Scotland). When they send you something, then let Niddy see it and heed his advice.

Ultimately, only a judge can deem something enforceable or unenforceable but the aim of using UE is to find sufficient legal doubt on dubious cases that means a creditor would not risk court proceedings. I have learned the hard way that once you get before a judge anything can happen...oh and it gets expensive.

Some will be blatantly UE and so they are highly unlikely to get off the starting block. If they are dubious then listen to Niddy and the crew and they will advise on the correct response.

Creditors must act within the legal framework of the Consumer Credit Act and Niddy is advising you if in his opinion they are doing so. It becomes a game of legal tennis and you MUST be guided by Niddy and his crew. If the creditor is not working within the framework of the act then Niddy will tell you and then you are in the driving seat. They can make all sorts of wild and woolly threats but they will just remain as threats.

I hope that helps and that I have not missed anything or made some blatant errors. I am sure the mods will edit any errors and I'll get a

[garlok]

Re: Marlings UE diary

Thanks MJ I think well put!!

regards
Garlok

[Never-In-Doubt]

Re: Marlings UE diary

Thanks MJ - impressed mate

[Oct Revolution]

Re: Marlings UE diary

Great post MJ