Alland UE Diary

[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

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?

[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.

[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

[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.

[alland]

Re: Alland UE Diary

Niddy.....will get those letters sent off pronto.
Hey hang on a mo, shouldn't you have buggered off on your jollies by now? :niddy

PS. sorry didn't see your reply to jet set willy, I was busy writing my reply at the same time but I'm a slow typer !..

[Never-In-Doubt]

Re: Alland UE Diary



Cheers matey. When are you out this way? Next week??

We fly in early hours so not going yet!! Still gotta pack yet

[alland]

Re: Alland UE Diary

Cheers matey. When are you out this way? Next week??

We fly in early hours so not going yet!! Still gotta pack yet

Yep, I fly out of Manchester next Friday morning for a three week stint, and I can't wait, it's been a hectic few months at work, although my time in US is still work, it is somewhat different, the "yanky doodle dandies" haven't cottoned on yet that they pay me for doing something I would happily do for nowt...

No packed yet?...you sound like me, usually I do it about an hour before I run out of the house to go...

[Never-In-Doubt]

Re: Alland UE Diary

Yep, I fly out of Manchester next Friday morning for a three week stint, and I can't wait, it's been a hectic few months at work, although my time in US is still work, it is somewhat different, the "yanky doodle dandies" haven't cottoned on yet that they pay me for doing something I would happily do for nowt...

No packed yet?...you sound like me, usually I do it about an hour before I run out of the house to go...

Mrs Niddy just packed, good lass

3 of us, 30kg so not bad going (lots of room for rum and cigars)

Have a great time matey, you deserve it - so go have fun and knock yourself out (so to speak).... Chat in a month mate

[alland]

Re: Alland UE Diary

You and yours have a good one Niddy, catch you later..

[Never-In-Doubt]

Re: Alland UE Diary

You and yours have a good one Niddy, catch you later..

Back now matey - hope you're having a fun time

[alland]

Re: Alland UE Diary

Back now matey - hope you're having a fun time

Welcome back mate, yep I am still here having fun, although with a mixture of hard work and some sadness which you have probably read about elsewhere.

Good to be able to chill with my family as well who now live here, so on the whole all good.

Did have a bit of a laugh the other day, my mobile rang in the middle of the night,showing a withheld number,(alarm bells ring!) a very friendly female voice said.....Hi, am I speaking to ***********

Me,in my best US of A accent says, Who the hell is *********, do you realise mam, you are calling a number located in the USA and it's 4:30 in the morning !
Big apology, and then she says sheepishly.....I thought the ring tone sounded different ! Anyway, she went on to say she will remove the number from their data base and hung up.

Frustrating to not be able to ask what company she was from, but hey, do I need to know....I don't think so.

[Never-In-Doubt]

Re: Alland UE Diary

Frustrating to not be able to ask what company she was from, but hey, do I need to know....I don't think so.

Well done matey - quite clever to react that way

[alland]

Re: Alland UE Diary

10-04-11 Update #1

1. MBNA (Visa Card Account)
2. MBNA ( Alliance & Leicester M/Card Account)

Update 11-03-11

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.

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

Two letters received from Allied International Dated 16th March in reference to the above MBNA Accounts - In response to the above "Account Sold whilst in Dispute Letter" I sent them.

Dear Mr Alland
Thank you for your recent letter, However as we are only acting on behalf of MBNA in respect of recovering the outstanding debt on this account, we are unable to fulfil your request.
Such requests need to be addressed to MBNA directly, To ensure MBNA are able to comply with your documentation request please make sure your request is accompanied by a payment of £1.00

May I also take this opportunity to remind you that the full outstanding balance on this account is due and owing. You will need to contact our offices on receipt of this letter to prevent further recovery action being taken.

Not sure how to respond to this, if at all ?

[alland]

Re: Alland UE Diary

10-04-11 Update #2
RBS Mint card

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

This is mostly relevant to the new thread, in that it is 100% unenforceable for more ways than one 1

1. No Prescribed Terms
2. The terms they sent are recent - not from 1996
3. The "original terms" are dubious, to say the least but are not part of the signature page in any case
4. The best one, you ticked for PPi and as such, you should have two agreements - one for PPi and one for the card "limit" - as explained here: Multiple Agreements ---> http://forums.all-about-debt.co.uk/v...p=12111#p12111

Respond with the following: ---> viewtopic.php?p=1629#p1629

Ok, this account was eventually passed to Moorcroft, at which time I responded with "Account Sold whilst in Dispute" letter.
Now received a letter from Moorcroft dated 1st April.

Dear Alland,
I write in response to your recent communication in relation to the above account, and can confirm we have been in contact with Royal Bank of Scotland plc. Who have advised that the agreement was sent on the 23/07/10 and the final response was issued on the 02/09/10.

I can also confirm that I placed this account on hold for 2 weeks and request you make contact with our call centre to discuss a repayment proposal you can afford and maintain. Please be aware that if contact is not made within the time sacle our follow up of this account will recommence.

Respond or await their next move ? not sure..