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  • Alland UE Diary

    As I lost all my data when BALWI closed before I could paste and copy it across to here, I will start again with an account of how I have ended up on the EU journey.

    I am a small business owner on the wrong side of middle age. I started my business back in 1991 after returning to the UK from many years overseas.

    As the business I am in is quite unique I soon established a good customer base and enjoyed steady growth, and building up the business to have 4 employees’ one of which is my Son. All was well until 2002 when the foot & mouth epidemic hit the UK.
    As my customers activities required access to the countryside, the ban on travelling on much of the countryside meant that my turnover almost stopped overnight.

    It could not have come at a worse time, we had just invested quite a lot of cash on new equipment, I know the sensible thing would have been to close up and sit it out until the foot & mouth issue was over. But my employees (including my Son) all had homes and young families to support and I really thought the F&M disease would be quickly contained and the countryside ban would be lifted in a matter of weeks. Unfortunately it was to go on and on for months, eventually the money ran out so I started to inject cash from my credit cards to keep afloat and pay the company overheads and staff wages.

    Eventually the foot & mouth disease was dealt with and the countryside was open for business again, we immediately started to see some of our customers back but the F&M countryside ban was 6 months and it took a further 6 months to get back on track to previous turnover, by this time I had pumped almost £150K into the business from my credit card accounts.

    I was paying back in the region of £30K per year on the cards, as the payments came out of the business and our turnover was quite good, I never really took much notice of the fact that the amounts owed did not appear to be going down by very much, such was the extent of the interest I was paying on the debts, it was only early 2008 when we started to see signs of a recession on the way and once again our turnover started to drop as customers tightened their belts and cut back on the activities they used our company for.
    The result was things went from bad to worse, ever the optimist, I thought ok it’s a bit tough now, but things will get better. But I was now using credit cards to pay credit cards, until they were all maxed out, it simply could not go on, by last year I was in such despair that I could not focus on anything other than worrying about these debts, I reached such a low point that the thought of suicide was a becoming a real possibility!

    I felt such a failure, my kids (Son & Daughter) both grown up with families of their own had always turned to me for advice if they had any problems, “dad would know what to do, he always does”, and I thought now look at me, who am I to give out advice! I think that was probably the lowest point in all of it, the feeling of failure to my family.

    The turning point came earlier this year when somehow I don’t even know how (maybe it was my guardian angel guiding me) I found myself logged onto MSE, a particular thread by Mouseann (Phoenix on here) made me realise I was not alone in my debt despair.

    I posted in Mousanne’s thread and was overwhelmed by the replies of support, no one was judgemental, and many of us faced the same debt issues. From then on the rest I suppose is history, First MSE, soon to leave for BALWI, and now here on Niddys great new site. So I embarked on the journey of UE, I know there are some out there in society that will say “look you have had the money so pay it back!” well I don’t have any moral issue with going the EU route, I have paid back the capital borrowed and many thousands of pounds in interest as well, the banks offered no help or consideration when I explained my situation, I asked for a reduction or a freeze on interest charges to give me a chance to clear the debts. But no they just did not want to know and continued to ramp up the interest charges.

    I stopped paying all the cards in April of this year, and started to send out CCA requests using Niddys letter templates for guidance. And I have to say, Niddy’s advice has been nothing short of lifesaving for me. I feel a great weight has been lifted off my shoulders, I am not naive and know I have a long hard journey before I am out of this dark tunnel, I also know some of the debts will be enforceable, so I will still have to address those and make some sort of payment arrangements in due course when I have reached the end of the blagging process.

    The business is still going, and is actually doing somewhat better since I stopped draining it of funds to pay credit cards! We are currently in the process of my Son taking over the business and I will stay on as a self employed consultant, I am even called to work overseas in the USA, as the skills I have learned in a hobby I have, are in demand there from time to time.

    So that’s it, I hope I have not bored you too much, but I hope that anyone reading this who is in turmoil over their debts can see there are many people in the same position, and the members here will offer anyone as much support and advice that you may need, and as I said before “without being judgmental”
    Below is a list of my cards and balances when I stopped paying in April.....does not make very good reading does it!!

    Unfortunately as I was overseas when BALWI closed, I did not have the replies I had from Niddy on my diary there backed up anywhere in respect of which of the CCA’s I had sent over to him, so apart from a few of the debts I am not sure which Niddy deemed UE or not. So that’s something I will have to re address!


    Lloyds TSB £11,498.77
    Marbles £2,507.87
    Halifax £11,507.87
    Citi card £13,773.43
    Capitol One £4,153.44
    Co-operative bank visa £10,040.05
    Monument Visa £3,902.66
    Royal bank of Scotland M/card £6,137.98
    GM card £10,696.23
    Mint card £7,208.28
    MBNA Sony Card £2,349.83
    MBNA Visa card £4,210.03
    MBNA M/card £2,970.25
    Barclaycard Goldfish £8,052.51
    Barclaycard £6,099.23
    Egg card £9,059.20 £2K F& F paid May 2011

    Total £114,613.43....and increasing by the day !!
    Last edited by alland; 12 May 2011, 15:47.

  • #2
    Re: Alland UE Diary

    Barclaycard Goldfish
    Balance £7,795 ( April ceased payments)
    May CCA Request sent.
    July 17th Letter received in reply to request – No signature so unable to respond to S78 request.
    July 20th Replied with letter “Signature not required”
    To date heard nothing back.

    Comment


    • #3
      Re: Alland UE Diary

      Barclaycard Mastercard

      Balance £5,996 (April ceased payments)
      May CCA Request sent.
      July 21st Received letter – Account in arrears please pay outstanding amount or will pass to Mercers Debt Collections.
      August 20th Letter received from Mercers – stating “ We act as agents for Barclaycard, please bring your account up to date – if unable to pay contact Mercers immediately.
      September 17th Responded with template letter – Account in Dispute with OC.


      To Date no CCA received

      Comment


      • #4
        Re: Alland UE Diary

        Capitol One Visa

        Balance £4,190 (April ceased payments)

        May CCA request sent.
        June 1st Letter received – “ Going to take a while to look into your request,
        we will do everything we can to get an answer for you within 4 weeks.
        June 3rd Letter received – Notice of Sums in Arrears.
        June 30th Letter received – Notice of intended Default, Payment must reach account within 28 days.
        July 6th CCA reminder sent.
        July 15th Letter received – Going to take a while to look into your S78 request, will try to respond withiin 4 weeks.
        July 17th Copy of Original Application form and a set of T&C.received
        July 19th Responded with letter – Asking for a true copy of my CCA.
        August 2nd Letter received – Account terminated and is now officially in default.
        August 2nd Letter received –“ We sent you a copy of your current T&C and a copy of your signed application, we have therefore complied with the banks obligations under S78.
        August 5th Letter received from FTC (part of Capquest) to say they have been appointed as their managing agents, all future contact should be with FTC, but please pay Capitol one the balance owing, as after 27th October 2010 our client may engage the services of a debt collection agency.
        August 11th Responded to FTC with letter “ Account in Dispute with OC.
        August 17th Letter received from FTC, we note regret that you have chosen not to deal with this matter despite our previous communication. Failure to settle this account may have a damaging affect on your credit file, call our experienced team of negotiators who are here to assist you in finding a plan to clear the account.
        August 18th letter received from FTC – Further to our recent correspondence, in order to process your communication further please provide a signed copy of your recent letter as this is a requirement of our client. Please note this is not a demand but a request”
        August 21st Responded with letter – Signature not required by law.
        August 31st Letter received from FTC- (Scare tactic type) – Pay full balance now or you may get Door step collections, Possibility of legal action, Future credit applications may be declined.
        September 18th Responded with letter “Account still in dispute with OC”
        September 22nd Letter from FTC – We note your previous communication, and await further instructions from our client.

        Need to have Niddy check out the CCA info and advise

        Comment


        • #5
          Re: Alland UE Diary

          Citi Card

          Balance £16,245 (Ceased payments February)

          CCA Request sent 2nd February
          March 18th Letter received acknowledging my CCA request, should hopefully satisfy my request within 4 weeks
          April 1st Received a copy of CCA which is basically nothing more than a copy of T&C, no signed copy or unsigned copy of an application form.
          April 2nd responded with letter – CCA request not complied with.
          April 13th Letter (and another set of T&C ) received stating they have complied with their obligations under S78, no application forms or signatures are required under Regulation 3 (2) (b) (ii) of consumer regulations 1983.
          May 11th Responded with template letter – Failure to supply true copy of my agreement.
          May 25th Received letter, Ref. copy of signed credit agreement, we are not obliged to provide you with this. We have supplied you with your current T&C,. These enable you to calculate when payments fall due to be paid, and the basis for calculating the amount of the payment.
          This is all that is required by law, and we do not consider there to be genuine dispute as to enforceability of the agreement.
          June 8th Letter received – Pending Default Notice, pay up or we “may” instruct a debt collection agency to collect the full balance, or instigate formal court proceedings
          July 8th responded with template letter – CCA request in default.
          August 4th Received default notice
          September 3rd Received Notice of account terminated and now defaulted.

          Need to have niddy check out CCA and advise

          Comment


          • #6
            Re: Alland UE Diary

            Co-operative Visa

            Balance £10,685 (ceased payments March)

            CCA request March 12th
            April 21st letter received noting account in arrears, please pay outstanding amount.
            May 3rd CCA request sent again as original cheque for £1 had not been cashed.
            May 14th Letter received -Threat of action to recover outstanding amount, unless I make satisfactory arrangements for repayment.
            June 3rd CCA reminder sent.
            June 6th Copy of signed application form received, no CCA , just a unreadable photo copy of some T&C
            July 6th Responded with letter – Bank now in default due to failure to provide a true copy of my CCA.
            July 31st letter received from Phoenix Credit Services, stating they have been instructed to collect the full balance of the account.
            August 5th Responded to Phoenix with letter “ Account in dispute with OC”.
            September 15th letter received – stating a copy of application form is sufficient to satisfy S78 and a copy of the CCA would have been sent to me at time of opening the account in 1995.
            Therefore the bank had met any obligation under the consumer credit act. So pay up or they may arrange for the banks debt recovery procedures to be applied.
            September 22nd Letter received from Phoenix DCA, stating they have been instructed by the Co-operative bank to collect payment and threatening legal action on behalf of
            Co-op.
            September 23rd. Responded with letter “Account in Dispute with OC”

            Need to have niddy look at CCA and advise

            Comment


            • #7
              Re: Alland UE Diary

              Egg Card
              (Niddy does not do Egg so “flying solo” on this one)

              Balance £9,790 (Ceased payments March)

              CCA Request sent 31st March
              April 6th CCA received, looks like it contains all relevant info but some of the agreement wording may allow me to blag it as unenforceable.
              May 4th responded to CCA with letter – I consider the agreement non compliant.
              June 4th Letter received – “looking into my complaint”
              August 3rd letter received from Capitol Credit Services – Our client Egg has instructed us to consider litigation if no satisfactory response is received, checks will be made to validate legal proceedings, These checks will be focused on property ownership, and validation of employment.
              August 11th Responded with letter “Account in dispute with OC”
              September 7th letter received from Resolvecall – acting on behalf of Capitol Credit Agencies in relation to Egg card. Please contact Capitol Credit immediately to discuss the account as a matter of urgency or there may be a doorstep visit.
              September 12th Responded with letter – “Account in dispute with OC” and Threat of doorstep visit template letter.

              Comment


              • #8
                Re: Alland UE Diary

                GM Card

                Balance £10,989 (ceased payments May)

                May 31st sent CCA Request
                July 29th Copy of Application form & T&C arrived – strangely this was in the name of someone else… I now have all this persons personal details! I have not informed GM card about their identity data mess up. (keeping that as a trump card in case I need it later)
                August 2nd Responded with CCA reminder
                August 13th Received letter requesting my signature before they could provide any documentation.
                August 14th Responded with letter - “ Signature not required”
                August 20th – Received blank application form with just my name & address written on top in pen, and a set of current T& C.
                August 25th letter received stating they had now complied with my request under S78 and as such the agreement is enforceable they will continue to pursue for payment.
                September 1st, Letter received – Threat of Default Notice if I do not respond.

                Need to send info to Niddy for advice
                September 6th letter received – marked “Without Prejudice” Intention to file Notice of Default” but they won’t do if I offer to pay them something!
                To Date not responded to the letter

                Comment


                • #9
                  Re: Alland UE Diary

                  Halifax Card

                  Balance £13,573 (ceased payments April)

                  May 19th CCA Request sent.
                  May 27th CCA received - Niddy deemed it :UE
                  June 1st responded with letter – CCA received does not comply with correct information
                  June 8th letter received from Albion Collections acting on behalf of Halifax – demanding payment.
                  July 9th Notice of Default, pay outstanding balance and notice will not be taken in respect of the breach.
                  August 14th letter received from Halifax, stating as they have been unable to supply reconstituted version of my original agreement they will not seek to enforce the agreement through the courts as defined in the case McGuffick v RSB, however, even if unenforceable the contract still has a legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.
                  September 8th letter received from Albion Collections, the lender has told us they are taking further action to recover the amount owed, this could include legal action, and a debt collector may visit my home to collect the debt!
                  To Date not responded to this letter.

                  Comment


                  • #10
                    Re: Alland UE Diary

                    Lloyds TSB Visa

                    Balance £11,755 (ceased payments May)

                    June 30th Requested CCA
                    13th July CCA copy received
                    10th August received letter to remind me the account is in arrears.
                    1st September Letter received threat of legal action if I don’t give account my urgent attention.

                    Update 27/09/10 - Niddy deemed it :UE

                    Comment


                    • #11
                      Re: Alland UE Diary

                      MBNA Visa

                      Balance £3,800 (ceased payments June)

                      July 8th Requested CCA
                      July 21st Copy of application form plus T&C received
                      September 6th Letter received account continues to be overdue, failure to respond will mean collections activity will follow.

                      I think Niddy deemed UE, but need confirm again as lost the info...

                      Comment


                      • #12
                        Re: Alland UE Diary

                        MBNA Sony Card

                        Balance £2,555 (ceased payments May)

                        May 13th CCA requested
                        June 4th letter received - Sorry for delay in responding to S78 request, as account was acquired from another lender, we need time to obtain documentation from them.
                        July 8th CCA reminder sent
                        August 5 letter received - Account in arrears, If not brought up to date, it will be reported to credit reference agencies.
                        September 7th Letter received “ notice of intended default” not too late to prevent termination of the account – please arrange payments
                        Not responded to this letter yet, and still no CCA received

                        Comment


                        • #13
                          Re: Alland UE Diary

                          MBNA Mastercard

                          Balance £2,664 (ceased payments June)

                          July 8th CCA requested
                          July 27th letter received – Sorry delay in responding to S78 request, as account was acquired from another lender, we need time to obtain documentation from them.
                          August 8th CCA reminder sent
                          September 16th Letter received – Notice of Arrears
                          To date no CCA received

                          Comment


                          • #14
                            Re: Alland UE Diary

                            Marbles Card

                            Balance £2,842 (ceased payments May)

                            June 1st CCA request sent
                            June 4th copy of application form & T&C received (Niddy deemed it :UE
                            July 8th responded with letter – Failure to supply original copy of CCA
                            July 14th letter received from Halifax, stating as they have been unable to supply reconstituted version of my original agreement they will not seek to enforce the agreement through the courts as defined in the case McGuffick v RSB, however, even if unenforceable the contract still has a legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.
                            August 9th letter received – “Notice of Intended Action” cooperation is needed to avoind being issued with Default Notice. Once defaulted we may apply for a CCJ, or may take the following action – seek a charging order on your home, court order to take payments directly from my earnings,additional legal costs and interest.
                            August 23rd letter received – Default Notice, if payment is made before September 13th no action will be taken in respect of the breach.

                            Comment


                            • #15
                              Re: Alland UE Diary

                              RBS Mint Card

                              Balance £7,058 (ceased payments June)

                              July 8th CCA request sent
                              July 23rd Copy of application form and T&C received
                              August 15th responded with letter – documents received did not contain all prescribed terms
                              September 2nd letter received – We do not consider account to be in dispute and fully complied with S78 request, will be pursuing for full settlement.
                              Not sent a response to this letter,

                              Updated 27/09/10 - Niddy deemed it :UE

                              Comment

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