Marlings UE diary

[Never-In-Doubt]

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.

This is enforceable unfortunately



I would either consider an offer of repayment or just try and blag it and see how far you can go with it....... totally your choice

[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

NRAM cca that you emailed - this is also enforceable, also very new so sorry, you'll need to agree settlement/monthly payments or try blagging it and see what happens next.......

[marling]

Re: Marlings UE diary

NRAM cca that you emailed - this is also enforceable, also very new so sorry, you'll need to agree settlement/monthly payments or try blagging it and see what happens next.......

thanks for looking into niddy,
cheers

[marling]

Re: Marlings UE diary

This is enforceable unfortunately



I would either consider an offer of repayment or just try and blag it and see how far you can go with it....... totally your choice

once again thanks for time taken to look at.

[marling]

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

hi mauijim, thanks for great post, well explained.
cheers and best wishes
marling

[marling]

Re: Marlings UE diary

acct #6 capital one
letter 22/12/11 from mercantile data bureau ltd - instructed by dlc.
states: profiling process is underway, should enquires show i am home owner/employed, a third party may be instructed immediatley to begin further collection activity against you, please ring......

cca resquest was recieved(have proof) by dlc on 2/9/11, have not recieved anything back from dlc.

don't ring, I would probably send Data Bureau the sold in dispute letter just to put them off before they get into their stride1

[marling]

Re: Marlings UE diary

acct #7 egg loan
letter from arrow global acting agent for britanica rec.
they acknowledge request for cca, they do not accept that they are the creditor and are willing to assist obtaing request from egg and report back in due course.

wait and see what happens here

[marling]

Re: Marlings UE diary

acct #2 lloyds cc

letter form moorcroft auditors asking me to agree the balance on my credit card and details of my last 3 payments.

they just want you to phone them and admit the debt, don't, wait and see what happens writing here too.

[Never-In-Doubt]

Re: Marlings UE diary

I think Mrs dopey is being dopey and editing your posts and adding comments in red. Obviously this is an error as we don't mean to do this, we quote them normally.

Just so you realise there are updates here.

[marling]

Re: Marlings UE diary

acct #1 halifax card
letter from credit security.
stating: i have disregarded their request for payment, they are referring to a doorstop agent. 50% offer given.

they only recieved unforceability threat on the 28th(got proof) so this letter probably only crossing over.

[Never-In-Doubt]

Re: Marlings UE diary

Yep just ignore this for now

[marling]

Re: Marlings UE diary

acct #6 capital one
letter 22/12/11 from mercantile data bureau ltd - instructed by dlc.
states: profiling process is underway, should enquires show i am home owner/employed, a third party may be instructed immediatley to begin further collection activity against you, please ring......

cca resquest was recieved(have proof) by dlc on 2/9/11, have not recieved anything back from dlc.

don't ring, I would probably send Data Bureau the sold in dispute letter just to put them off before they get into their stride1

firstly could i have link to letter please....... seem to be getting error link on them all at the mo.

could i ask what you mean here, are they different to the normal dlc's, what can they do ?

cheers marling.

[Never-In-Doubt]

Re: Marlings UE diary

firstly could i have link to letter please....... seem to be getting error link on them all at the mo.

could i ask what you mean here, are they different to the normal dlc's, what can they do ?

cheers marling.

Just ignore this now. The templates are fine if you read the thread entitled ---> New Template Letters - January 2012 - allaboutFORUMS

[marling]

Re: Marlings UE diary

(1) Halifax Credit Card

start : feb 2006
bal : £9500
last full : may 2008
present : not paying
status : default(have letter) / have original agreement
dca : iqor

2008
july retail bank - full payment
decem retail bank - trying to contact
2009
may moorcroft - last 3 payments made on card request
june moorcroft - 75% offer
novem moorcroft - default cccs
2010
jan capquest - referred
feb hl legal solic - take notice
mar capquest - ltr before action
apr capquest - doorstep threat
may wescot - instructed
june nelson guest - instructed by wescot
july nelson - discount offer
july wescot - doorstep threat
sept iqor - referred
novem gbp solic - legal pending iqor
2011
june iqor - 50% settlement
1/9/11 cca request sent
5/9/11 cca was recieved by iqor
19/10/11 nelson - 50% offer
11/11/11 nelson - consider offers
22/11/11 wescot - doorstop visit
21/12/11 credit sec/ wescot - unforce threat sent

reply from credit security
letter states:
we are replying to your letter dated 21/12/11, we advise you no payment was enclosed with your letter please forward £1 so we can request copy cca.
when replying provide full details of any outstanding dispute, reason for non-payment and do i acknolwedge opening the account, etc etc.

ok, the original cca request was sent to iqor on 1/9/11(have proof), i will check at post office today if £1 went thru on that occasion.

await your advice niddy

[greymatter]

Re: Marlings UE diary

If you get a result from the Post Office without having to wait a few weeks please let me know as they tend to use forms to check any cashed PO.
GM