Alland UE Diary

[alland]

Re: Alland UE Diary

Monument Visa

Balance £3,772 (ceased payments May)

June 1st CCA requested.
June 25th Application form and T&C received
July 1st letter of arrears received.
July 5th Letter received – final notice , pending termination of agreement
July 10th Responded with letter, CCA failed to comply with all prescribed terms.
July 19th Letter received – stating all requirements under S78 have been complied with, consider this a “Final Response”
Did not respond to this letter and heard nothing more to date.


Need to let Niddy check out the CCA and advise.

[alland]

Re: Alland UE Diary

RBS Visa

Balance £6,433 (ceased payments May)

May 13th CCA request sent
July 8th CCA reminder sent
August 23rd Letter received – Default Sum Notice in respect of arrears.
August 30th Letter received – Account Now Defaulted and reported to credit reference agencies.
To date no CCA received.

[alland]

Re: Alland UE Diary

Well that was a marathon evening...everything up to date here now, so feeling a bit better.

PS. Don't worry Niddy mate ;K7
I will only hit you with three CCA queries at a time ( by seperate emails) until we have worked through the list.. tlook

After all I don't want to turn you to.... 3

[Never-In-Doubt]

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.

Continue to ignore; it remains UE until they do respond. Can you confirm that your last letter to them was indeed signed for?

[Never-In-Doubt]

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

Just sit tight, see what develops and update the post....

[Never-In-Doubt]

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

Nothing for me to check out; i've already stated that what they sent you is UE - that won't change with me looking a second time. If i've never seen the actual CCA it's not the end of the world cos going on what you say a "copy of your current T&C and a copy of your signed application" does not satisfy s.78 so no need for me to see it.

[Never-In-Doubt]

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

As above, there is no need for me to check anything cos what they have sent is clearly not complaint with s.78 CCA1974. Ok, so they have defaulted you - just sit tight and update when you hear from them next.

[Never-In-Doubt]

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

As above, no need to send me anything - you seem to realise the pattern here? I only need to see actual CCA's - anything else is unlawful meaning there is no need for me to see it cos I would say the same! Just sit tight and let us know of any further letters....

[Never-In-Doubt]

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.

Hmmm, see what happens with this - as you know, i'm relying on one piece of law to go our way in order to win with Egg but that looks less likely long term, there was a big CAG discussion on this and I suggest you post queries there cos they are following it more closely than I am. ;D

[Never-In-Doubt]

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

No response necessary...... just ignore this and sit tight.

[Never-In-Doubt]

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.

You need to respond - send this: ---> viewtopic.php?p=2318#p2318

[Never-In-Doubt]

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.

Need to seek Niddy’s advice on the CCA

Email me the CCA asap! ;-y

[Never-In-Doubt]

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...

Going on what they sent it will be UE so just sit tight, no need to respond again.

[Never-In-Doubt]

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

That's fine, they can default you all they want - one more aint gonna hurt is it? ;LOL No response necessary at this moment in time.

[Never-In-Doubt]

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

Just ignore - no response necessary