Alland UE Diary

[Never-In-Doubt]

Re: Alland UE Diary

You would be better to raise the question of paying the enforcable accounts in the legal section of the forum, someone will know the position, and be able to offer you the correct advise.

No need mate, you already answered it - it's not illegal, its a civil matter not criminal (don't forget that!) - so only the lender can take action, which is by way of court to obtain judgment (i.e a ccj) - you don't get a crim record, nothing.

The ONLY reason we say to treat all creditors the same is in case one tried to take you to court and then found out you'd been sneakily paying others, they would go for full judgment (as they'd be pissed off, and rightly so). Ergo, only pay those that issue court papers, that you don't fancy defending. Otherwise, you stop paying across the board.

Thats the easiest way of explaining it mate.

[jet set willy]

Re: Alland UE Diary

Thanks for that Alland.

I see what you are saying there about treating creditors equally that you are in dispute with. That is essentially what i am doing, the UE ones are getting nowt at the minute. No discrimination from me lol. Good advice and thanks

[alland]

Re: Alland UE Diary

Hi and welcome to the forum jet set willy,

Regarding my MBNA A&L card, in response to my CCA request, I received a copy of my signed application form and a copy of terms & conditions. The application form is missing many of the prescribed terms, therefore I am still pursuing UE on this account.
As you will have read in one of my earlier diary updates, this week they have formally terminated my A&L card account, so I am now waiting to see what their next move is on this one.

In answer to your other question, Favouring one creditor over another one, it really is a no no with the accounts you are disputing on your UE journey. In simple terms make arrangements pay everyone or pay no one !
If you did end up fighting a UE case with a creditor in court, the judge would not take kindly that you rolled over and paid one and not the other.

As for paying the ones deemed as enforcable, that could be different, I am not qualified to advise on that senario. I do have a couple of accounts which eventually I will have to accept as enforcable, but for the moment I am still fighting/blagging them until the bitter end, you never know they may run out of steam before I do.

You would be better to raise the question of paying the enforcable accounts in the legal section of the forum, someone will know the position, and be able to offer you the correct advise.

Good luck with your UE journey.

[Never-In-Doubt]

Re: Alland UE Diary

Can i ask a question though, i see in your posts that you should never favour a creditor. I was of the opinion that you should favour the creditors with enforcable agreements. Is that right? I admit to being new to all this and the learning curve is steep

Anyway up, stay strong and i look forward to the updates. Time to read another thread......

No, it doesn't work like that - when we say you cannot favour one over another, this basically means you can't pay those that you want and then refuse to pay the others as it'd stop you ever being able to formalise things, say if you opted for an IVA/BR.

Sooo, to alleviate that, we suggest you cease repayments on ALL accounts and stop paying - simple. Then, and only if a lender or dca gets really heavy, do you decide to repay, for instance if they threaten court or a CCJ etc.... obviously, if you're blagging it then it's different altogether.

In your case with the ones you have (based on your diary) - you'll be fine paying the Egg account etc and going for UE on the MBNA/Kays accounts. However your credit file will get wasted, as pointed out by MBNA - ie the McGuffick case.

Make sense?

[Never-In-Doubt]

Re: Alland UE Diary

Update #2 11-03-11

Leter received from Moorcroft - "Notice of Intended Litigation" " To prevent our recommending to our client that solicitors commence legal proceedings, it is essential you settle this debt without delay. Both our client and us do not want to take this action, but if settlement or arrangemnet to pay is not made by 15-03-11 a claim may be issued by our solicitors instructed to act on behlaf of our client without further notice."
Goes on to say how a judgement will affect my furture credit needs ect..

Will respond with "threat of litigation letter"

Send this Allan: ---> Threat by Lender/D.C.A - To commence litigation

[Never-In-Doubt]

Re: Alland UE Diary

Update 11-03-11Recieved from Allied International Credit Glasgow, two seperate yellow cards in reference to two of my MBNA accounts,usual wording stating they have been instructed to recover the balance on behalf of MBNA. Only their own reference numbers on the cards, so not sure which two of the three above MBNA accounts these relate to.

Not had any previous contact from this DCA so will be responding with account in dispute letters.

Yep - send this off: ---> Account sold - whilst in Default of CCA Request

[jet set willy]

Re: Alland UE Diary

Hi Alland, just been reading through your thread. Fantastic work and some great advice to be had. Your A&L/MBNA card is of most interest to me as i have one too. I have trawled many many many forums and threads and have never seen an agreement come back for an ex-a&l credit card. I sometimes feel upset when i find a thread with one and see no agreement was ever sent lol, i should be happy i know! Have you? I even have my original welcome pack and there is no agreement in it either!

Can i ask a question though, i see in your posts that you should never favour a creditor. I was of the opinion that you should favour the creditors with enforcable agreements. Is that right? I admit to being new to all this and the learning curve is steep

Anyway up, stay strong and i look forward to the updates. Time to read another thread......

[alland]

Re: Alland UE Diary

Update #2 11-03-11

Update 7/11/10

Co-operative Visa Card
November 1st Letter from Phoenix Credit Services stating - You have failed to reach agreement for the repayment of the debt. Your debt will now be registered with the credit reference agancies. A default may affect your credit rating for up to 6 years. If you wish to stop this action call us within the next 48hrs we now require you to make an immediate payment.

Not heard from Co-Operative Visa for ages until today.

Leter received from Moorcroft - "Notice of Intended Litigation" " To prevent our recommending to our client that solicitors commence legal proceedings, it is essential you settle this debt without delay. Both our client and us do not want to take this action, but if settlement or arrangemnet to pay is not made by 15-03-11 a claim may be issued by our solicitors instructed to act on behlaf of our client without further notice."
Goes on to say how a judgement will affect my furture credit needs ect..

Will respond with "threat of litigation letter"

[alland]

Re: Alland UE Diary

Update 16/12/10
MBNA Accounts

MBNA Visa card
MBNA Sony Card
MBNA Alliance & Leicester M/card

Letter received - Stating "At least one of the credit cards issued by us (or issued by us on behalf of an inffinity partner) is due to be written off as a bad bebt next month. This means that you will be liable for the full balance of the account. If you do not settle we may emply a collection agency or sell this debt when it has been written off. Which means we will no longer be able to resolve the matter."

Update 10-03-11

Letter received from MBNA in relation to Alliance & Leicester Card
" Your account has now been terminated and you will recieve no further statements ( thank you thats very kind, it will help save a few trees )
A default has been reported to the credit reference agencies,which cannot be reversed or removed and will stay on your credit file for 6 years. this may affect you obtaining future credit ( Oh bugger ! )

We will now consider one of the following options open to us.
1. Appoint a debt collection agent to recover the full amount owed.
2. Sell the debt to a third party debt collection agent.
3. Begin litigation to recover the debt.

We will inform you in due course of what action we intend to take.

What can you do to avoid any of the above action ? - Pay the outstanding amount in full within 14 days, or call us to arrange a suitable repayment plan"

I will just wait and see what action they decide on, this account is currently sitting at £2,600, hopefully it isn't enough for MBNA to bother fighting themselves through litigation and they will sell the debt and we can begin the whole UE process again.

Update 11-03-11

I'm sure DCA's send out threats purposly to arrive on a friday in an attempt to spoil a persons weekend !

Recieved from Allied International Credit Glasgow, two seperate yellow cards in reference to two of my MBNA accounts,usual wording stating they have been instructed to recover the balance on behalf of MBNA. Only their own reference numbers on the cards, so not sure which two of the three above MBNA accounts these relate to.

Not had any previous contact from this DCA so will be responding with account in dispute letters.

[Never-In-Doubt]

Re: Alland UE Diary

Cheers boss..
If I don't touch base tomorrow, enjoy your jolly across the pond, I will be following up your rear (so to say ) in a weeks time as well.

cool, hope you have a good time too - well, we know you will

[alland]

Re: Alland UE Diary

Cheers for update Allan, best of luck!

Cheers boss..
If I don't touch base tomorrow, enjoy your jolly across the pond, I will be following up your rear (so to say ) in a weeks time as well.

[Never-In-Doubt]

Re: Alland UE Diary

Cheers for update Allan, best of luck!

[alland]

Re: Alland UE Diary

Update 16/12/10
MBNA Accounts

MBNA Visa card
MBNA Sony Card
MBNA Alliance & Leicester M/card

Letter received - Stating "At least one of the credit cards issued by us (or issued by us on behalf of an inffinity partner) is due to be written off as a bad bebt next month. This means that you will be liable for the full balance of the account. If you do not settle we may emply a collection agency or sell this debt when it has been written off. Which means we will no longer be able to resolve the matter."

I suppose all I should do now is sit it out and see what develops on these accounts.

Update 10-03-11

Letter received from MBNA in relation to Alliance & Leicester Card
" Your account has now been terminated and you will recieve no further statements ( thank you thats very kind, it will help save a few trees )
A default has been reported to the credit reference agencies,which cannot be reversed or removed and will stay on your credit file for 6 years. this may affect you obtaining future credit ( Oh bugger ! )

We will now consider one of the following options open to us.
1. Appoint a debt collection agent to recover the full amount owed.
2. Sell the debt to a third party debt collection agent.
3. Begin litigation to recover the debt.

We will inform you in due course of what action we intend to take.

What can you do to avoid any of the above action ? - Pay the outstanding amount in full within 14 days, or call us to arrange a suitable repayment plan"

I will just wait and see what action they decide on, this account is currently sitting at £2,600, hopefully it isn't enough for MBNA to bother fighting themselves through litigation and they will sell the debt and we can begin the whole UE process again.


PS. Any new members reading my diary who feel some of my comments may seem a bit flipant, don't worry, I never forget the seriousness of my debt problem, but after being on this journey for almost a year, it does help to make light of the situation occasionally, if only to keep sane !.

[Never-In-Doubt]

Re: Alland UE Diary

niddy my mate, it was yesterdays post that I had only opened today...

I know

[alland]

Re: Alland UE Diary

Jeysus mate - you get post on a Sunday - impressive!!

Just ignore it. :niddy

niddy my mate, it was yesterdays post that I had only opened today...