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  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Pixie View Post
    Enjoy the quiet - only worry you get something to worry about!
    Yeah your right, will try to stop worrying. Wish the CRA's would update their files though and remove those defaults...I thought they came off automatically after 6 years. Ive asked them twice to remove them but they are still there ;(

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by oldyboy View Post
    Hi Pooks,

    I know the feeling too. It always has made me wonder when it's gone quiet. I now think what it really means is that 'they' are losing and, as CC has said, they've gone off to find easier targets, as all bullies do.

    I know it's easier to say than actually do, but do your best to relax and enjoy the peace. Always remember should anything turn up through the letter box, you can always get help and support here.
    Your right of course, will try

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Drowning Not Waving View Post
    I'm also very interested to know if there's a template/letter to be sent - our overdraft account has just been passed to DCA a couple of days ago and I've sent nothing in response as yet.
    Yeah I really could do with sending something to Cabot with the telephone harassment letter, saves on two lots of recorded delivery haha.

    On a more serious note, can anyone tell us please if there is a new template letter containing the correct legislation/reg number to quote. If I send them another CCA letter they are just going to return it saying they don't have to comply as I believe the letter refers to a different section of the law to the new bit that now includes bank account overdrafts. Also, will the new legislation cover my overdraft debt seeing as this debt goes back quite a number of years?

    Thanks, Pooks

    Leave a comment:


  • DNW
    replied
    Re: Pookies UE Diary

    Originally posted by CleverClogs View Post
    As it was not a regulated consumer credit agreement, they do not need to send such an agreement as that agreement does not exist. However, the creditor does need to prove that the money is owed and that, if the alleged debt has been assigned to them, that the alleged debt is owed to them.


    No, they're not.

    The law has been changed (link and overdrafts are no longer excluded. They now have to comply with section 61A (link - duty to supply copy of executed consumer credit agreement) and/or section 61B (link - duty to supply copy of overdraft agreement) and failure so to do may impair their chances of enforcing the alleged debt.


    It's about time that was stopped.
    Originally posted by pooksthebear View Post
    Oh I didnt know that, has it recently been changed then? Is there a template letter I could send them as they refused to comply with the first request saying it was not covered by the consumer credit act and therefore they did not need to send it.


    I'm also very interested to know if there's a template/letter to be sent - our overdraft account has just been passed to DCA a couple of days ago and I've sent nothing in response as yet.

    Leave a comment:


  • oldyboy
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Yes im worrying because defaults coming off and its all gone so quiet... makes me think 'they' are up to something!!
    Hi Pooks,

    I know the feeling too. It always has made me wonder when it's gone quiet. I now think what it really means is that 'they' are losing and, as CC has said, they've gone off to find easier targets, as all bullies do.

    I know it's easier to say than actually do, but do your best to relax and enjoy the peace. Always remember should anything turn up through the letter box, you can always get help and support here.

    Leave a comment:


  • IF
    replied
    Re: Pookies UE Diary

    Originally posted by evenlessdopey View Post
    absolutely right Clogs




    did i just agree with you 100%?????


    Originally posted by CleverClogs View Post
    I'm sure you'll soon recover.

    Leave a comment:


  • CleverClogs (RIP)
    replied
    Re: Pookies UE Diary

    Originally posted by evenlessdopey View Post
    did i just agree with you 100%?????
    I'm sure you'll soon recover.

    Leave a comment:


  • MrsD
    replied
    Re: Pookies UE Diary

    absolutely right Clogs




    did i just agree with you 100%?????

    Leave a comment:


  • Pixie
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Thank you Pixie

    Yes im worrying because defaults coming off and its all gone so quiet... makes me think 'they' are up to something!!
    Enjoy the quiet - only worry you get something to worry about!

    Leave a comment:


  • CleverClogs (RIP)
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    Yes im worrying because defaults coming off and its all gone so quiet... makes me think 'they' are up to something!!
    Which they are, of course.

    They're busy bothering other people who don't fight back.

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Pixie View Post
    I wouldn't worry about such a low amount. A lot of the threats from dcas are just that - threats, hoping that you'll get scared and pay. with Niddy and the gang on your side their threats won't work



    It's unlikely that they'll be able to start court action without you knowing but, even if you did receive court papers, we can still help you to sort things out. RBS won't be able to take you to court if the cca is UE.

    I have a couple of enforceable debts which I haven't heard much about for quite some time.



    They can't start court action while they're in default of your cca request - which they are as they haven't produced a valid cca.



    Why are you getting so worried? Is it because the defaults are coming off your file and you're just panicking?

    Please stop worrying over things that 'might' happen.

    Thank you Pixie

    Yes im worrying because defaults coming off and its all gone so quiet... makes me think 'they' are up to something!!

    Leave a comment:


  • Pixie
    replied
    Re: Pookies UE Diary

    Originally posted by pooksthebear View Post
    I have had no demands for payment from anyone (except capquest/mackenzie hall/meritforce/connect). I (alledgedly) owe them £51. Havnt paid anything on this since 2009 and I actually thought I had paid it off. I havnt paid anything to anyone else since October. They all defaulted me years ago,
    I wouldn't worry about such a low amount. A lot of the threats from dcas are just that - threats, hoping that you'll get scared and pay. with Niddy and the gang on your side their threats won't work

    Originally posted by pooksthebear View Post
    RBS sent my CCA but deemed unenforceable, CL finance sent my CCA but we think that is enforceable, CABOT refused to send as its an overdraft and they said they didnt have to. Soooo... could these 3 just start court action without me knowing until court papers arrive?
    It's unlikely that they'll be able to start court action without you knowing but, even if you did receive court papers, we can still help you to sort things out. RBS won't be able to take you to court if the cca is UE.

    I have a couple of enforceable debts which I haven't heard much about for quite some time.

    Originally posted by pooksthebear View Post
    Capquest, Debt Managers and Arrow Global have not responded to my CCA request. Can these also start court action without me knowing until court papers arrive?
    They can't start court action while they're in default of your cca request - which they are as they haven't produced a valid cca.

    Originally posted by pooksthebear View Post
    Im worried now... Two defaults are over 6 years old and should be off my credit file (but are still showing), another one due off in March. Dont fancy having ccjs replacing them.
    Why are you getting so worried? Is it because the defaults are coming off your file and you're just panicking?

    Please stop worrying over things that 'might' happen.
    Last edited by Pixie; 12 February 2012, 12:01.

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by Pixie View Post
    I think they usually issue a 'Letter Before Action' or a Final Demand before issuing court papers but I'm not sure if it's a legal requirement.

    They do have to have issued a default notice though.

    I have had no demands for payment from anyone (except capquest/mackenzie hall/meritforce/connect). I (alledgedly) owe them £51. Havnt paid anything on this since 2009 and I actually thought I had paid it off. I havnt paid anything to anyone else since October. They all defaulted me years ago,

    RBS sent my CCA but deemed unenforceable, CL finance sent my CCA but we think that is enforceable, CABOT refused to send as its an overdraft and they said they didnt have to. Soooo... could these 3 just start court action without me knowing until court papers arrive?

    Capquest, Debt Managers and Arrow Global have not responded to my CCA request. Can these also start court action without me knowing until court papers arrive?

    Im worried now... Two defaults are over 6 years old and should be off my credit file (but are still showing), another one due off in March. Dont fancy having ccjs replacing them.
    Last edited by pooksthebear; 12 February 2012, 11:19.

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by CleverClogs View Post
    A couple of quick questions, though:
    1. How does one "pook" a bear?
    2. Is bear pooking quite safe?

    Haha, I am not sure but I believe it is quite safe !!

    Leave a comment:


  • pooksthebear
    replied
    Re: Pookies UE Diary

    Originally posted by CleverClogs View Post



    The law has been changed (link and overdrafts are no longer excluded. They now have to comply with section 61A (link - duty to supply copy of executed consumer credit agreement) and/or section 61B (link - duty to supply copy of overdraft agreement) and failure so to do may impair their chances of enforcing the alleged debt.


    Send the jerks a copy of the telephone harassment letter - link.
    Oh I didnt know that, has it recently been changed then? Is there a template letter I could send them as they refused to comply with the first request saying it was not covered by the consumer credit act and therefore they did not need to send it.


    Thank you, will send them the telephone harrassment letter and a new letter asking for the CCA

    Leave a comment:

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