Pixie's UE diary

[Never-In-Doubt]

Re: Pixie's UE diary

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

[Never-In-Doubt]

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?

Ignore it

[Pixie]

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'?

[Never-In-Doubt]

Re: Pixie's UE diary

Thanks.

(PS I've PMd you.)

Cheers - and replied!

[Pixie]

Re: Pixie's UE diary

Thanks.

(PS I've PMd you.)

[Never-In-Doubt]

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?

I'd just send this back: ---> CCA Query - Missing Prescribed Terms

[Pixie]

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?

[Never-In-Doubt]

Re: Pixie's UE diary

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!

[nanna58]

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

[Pixie]

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!

[alland]

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

[Pixie]

Re: Pixie's UE diary

Also got the standard letter from Capital One saying 'thank you for writing to us about your account (I haven't) and it will take a little while to look into my situation.' This is in response to the correspondence with Fredricksons (fpc)

No doubt it will be passed on to another dca now.

[Pixie]

Re: Pixie's UE diary

Thanks Matty.

I'm now going to make posts about this only in the legal section.

[MattyA]

Re: Pixie's UE diary

Hi Pixie
I have had the same shock of papers being served - it is awfull I know but as others have said it is not the end of the world.
My debt was deemed UE but when looked over by solicitors they did not see anything that would help my case - time to **** myselft.
Anyway that was just prior to Christmas and the case continues,has been transferred to my local court and I am told by the solicitor it will be months before it is heard in court.......I hope.
I am now counter claiming from them for mis-sold PPI which will tie the whole thing up for an age.
Could you go down the same path?

If not worst case is that they will get a judgement against you,which as helmsman says, you can apply for a re determination if the amount awarded is more than you can afford.

You could also:
1: Elect to defend this (for now) which will buy you time until Niddy gets back and then change your mind at the last minute and not defend it (not sure what the rmifications of this would be in relation to costs etc) - the time scale for me was papers served on the 17th of December and defence submission final date was 19th of Jan.
Or
2:Ring the lender and try to negotiate a payment plan directly and ask them to drop the action - on the grounds that it will save everyone money.I know that Niddy has recomended this approach to thers in the past,not sure if they succeeded though.....Hopefully someone will pop up and comment on their experiences.

Hope the above helps and sorry I cant be of more help - I am only part way down the same path.
I also have an enforceable ac looming in the background and it is only a matter of time before the same thing happens to me.

Matty

[swanfan]

Re: Pixie's UE diary

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.

If you need any help Pixie just give me a shout.