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  • Re: Pixie's UE diary

    Stay strong Pixie, it is a shock when creditors actually do something that has been threatened.
    We all know and have to accept the risks when we start on this journey, but nevertheless, it is still a big shock when legal action becomes a reality. I know I am going to have to face the same senario before my journey is over.

    But we are all here to support each other, and hey, it's not the end of the world is it.

    Take care honey. xx

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    • Re: Pixie's UE diary

      Thank you allan.

      I knew there was a chance of this happening with this card but c'est la vie.

      You're right , it's not the end of the world but it was a bloody big shock!
      Let your smile change the world but don't let the world change your smile


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • Re: Pixie's UE diary

        Pixie dont know what to say its no good saying not to worry is it? when my turn comes will be olympic egg laying.we are here for each other and i know it helps a lot xxxxx
        if you do it today and you like it you can always do it again tomorrow


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • Re: Pixie's UE diary

          Originally posted by pixie View Post
          I've been served court papers on an enforceable debt

          Will wait until the weekend, until I've got my head together a bit more than it is now, to see what to do about it.
          I've replied in the legal section, where the details are protected (sorry folks)!.....

          However, for the benefit of this thread I have suggested defending it based on lack / faulty DN/TN (if applicable) so awaiting your response then i'll be better placed to offer advice. Just cos it's an enforceable account does not mean that judgment will be easy - they still have to adhere to other regulations which most don't - so it's not a lost cause - yet!
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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          • Re: Pixie's UE diary

            Letter received today from Arrow Global re MBNA account.

            They have enclosed a copy of my agreement and a copy of T&Cs - both of which I received from MBNA in July 2010 and which Niddy said were UE.

            They go on to say 'please now provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include litigation.'

            Arrow Global have already had the 'account sold whilst in default of cca request' letter. Do I wait and see what happens next?
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • Re: Pixie's UE diary

              Originally posted by pixie View Post
              Letter received today from Arrow Global re MBNA account.

              They have enclosed a copy of my agreement and a copy of T&Cs - both of which I received from MBNA in July 2010 and which Niddy said were UE.

              They go on to say 'please now provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include litigation.'

              Arrow Global have already had the 'account sold whilst in default of cca request' letter. Do I wait and see what happens next?
              I'd just send this back: ---> CCA Query - Missing Prescribed Terms
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • Re: Pixie's UE diary

                Thanks.

                (PS I've PMd you.)
                Let your smile change the world but don't let the world change your smile


                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • Re: Pixie's UE diary

                  Originally posted by pixie View Post
                  Thanks.

                  (PS I've PMd you.)
                  Cheers - and replied!
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • Re: Pixie's UE diary

                    Letter from Capital One saying they've complied with s78 and that the account is enforceable and they will continue to treat it as such.

                    Do I wait to see what they come up with next or send 'refusal to accept unenforceability' letter?


                    Letter from Moorcroft re Barclaycard . (4th dca for this one - Niddy says it's UE.)

                    'It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.
                    To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment Both our client and we do not wish to take this action but if agreement cannot be reached by 07/04/11, a claim may be issued by solicitors instructed to act on behalf of our client without further notice.'

                    As this is the 1st time I've heard from Moorcroft do I send the 'account sold while in dispute' letter or the 'threat-o-gram - letter before action'?
                    Last edited by Pixie; 4 April 2011, 18:23.
                    Let your smile change the world but don't let the world change your smile


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • Re: Pixie's UE diary

                      Originally posted by pixie View Post
                      Letter from Capital One saying they've complied with s78 and that the account is enforceable and they will continue to treat it as such.

                      Do I wait to see what they come up with next or send 'refusal to accept unenforceability' letter?
                      Ignore it
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • Re: Pixie's UE diary

                        Originally posted by pixie View Post
                        Letter from Moorcroft re Barclaycard . (4th dca for this one - Niddy says it's UE.)

                        'It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you.
                        To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment Both our client and we do not wish to take this action but if agreement cannot be reached by 07/04/11, a claim may be issued by solicitors instructed to act on behalf of our client without further notice.'

                        As this is the 2st time I've heard from Moorcroft do I send the 'account sold while in dispute' letter or the 'threat-o-gram - letter before action'?
                        Send this to Moorcroft: ---> Threat of Legal Action - CCA Request in Default
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • Re: Pixie's UE diary

                          Letter from Fredricksons re Capital One (UE) saying that, despite having been given a number of opportunities, I have failed to bring my account up to date and they intend to advise Capital One to refer the matter for further enforcemen. Ultimately, if no payment is made, legal action may be taken against me to recover the debt.

                          Will ignore as FPC have already been informed that Capital One have failed to comply with s78.
                          Let your smile change the world but don't let the world change your smile


                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • Re: Pixie's UE diary

                            Originally posted by pixie View Post
                            Letter from Fredricksons re Capital One (UE) saying that, despite having been given a number of opportunities, I have failed to bring my account up to date and they intend to advise Capital One to refer the matter for further enforcement. Ultimately, if no payment is made, legal action may be taken against me to recover the debt.

                            Will ignore as FPC have already been informed that Capital One have failed to comply with s78.
                            Yea, see what legal action they want to take! Or not, as the case may well be!
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • Re: Pixie's UE diary

                              I sent MHA Collections (LTSB card) an 'account sold while in dispute' letter in March and received a reply yesterday.

                              They have passed a copy to LTSB who have already had the cca query letter.

                              They also say that if I want to talk to them about the account then 'please feel free to call us on ...'

                              Go on to say that when replying I should include my contact number so that they can discuss my proposed offer with me.
                              1) I'm not going to be replying
                              2) I'm not going to propose an offer (or not one I could put on a public forum)
                              3) They aint getting my phone number!
                              Let your smile change the world but don't let the world change your smile


                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • Re: Pixie's UE diary

                                Originally posted by pixie View Post
                                Go on to say that when replying I should include my contact number so that they can discuss my proposed offer with me.
                                1) I'm not going to be replying
                                2) I'm not going to propose an offer (or not one I could put on a public forum)
                                3) They aint getting my phone number!
                                So I guess you're ignoring them then?
                                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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