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  • Re: MattyA UE Diary

    Update -25/02/2011

    Very quick update - off to work shortly.

    Received another letter yesterday this time from those lovely people from the BOS.
    Seems to be a very well considered letter in response to Nidsters 'threat of legal action' to which I had added the only communicate in writing and doorstep visit bits.

    Its a 2 pager and it might be worth scanning and either posting on here or emailing to Mr Nids for him to have a read (let me know which) as it goes on about McGuffick v RBS and Wilson & Others v Secretary of state for trade & industry etc.

    The intersting bit for me, as I have a number of accounts with them(including the one they have recently bought off citi bank via Opus )all in a similar position is:

    'As we have been unable to provide the original T&C's we will not seek to enforce the agreement as defined by the case of McGuffick v RBS.However,even if an agreement is unenforceable,the contract still has legal effect and is not void,the lender is merely prevented from seeking an enforcement order from the court'

    They go on to quote Lord Nichols a bit later & that payments are ceased (which they were last year) then this may amount to procuring the breach of a contract....not sure what this means.....maybe it gives them another route for action?

    Anyway gotta go - catch you later.

    Matty

    Comment


    • Re: MattyA UE Diary

      How can they go for breach of contract if you had not had cca?xx
      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.

      Comment


      • Re: MattyA UE Diary

        I'm with you Nanna, if they can't produce a contract with properly prescribed terms, how can you be in breach of it. You know they are like silly big kids, they're beat but they just have to have the last word..............muppets and utter bampots. Go Matty it's looking good!!!!

        Comment


        • Re: MattyA UE Diary

          Excellent news Matty. Keep that letter safe matey.

          That's another one done n dusted. The case law they refer to is normal, ie just cos it's ue doesn't mean they won't hassle you. Just means they can't enforce it!!

          You're having a good month mate

          Can you send it me to look at please?

          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: MattyA UE Diary

            Hiya & thanks everyone.
            I dont have the letter with me (at work) ,I will scan it & email it later when Im back home.

            Comment


            • Re: MattyA UE Diary

              Matty, you are ON FIRE! :carrot3:

              Well done on the two unenforcable accounts.

              Comment


              • Re: MattyA UE Diary

                Originally posted by Never-In-Doubt View Post
                Excellent news Matty. Keep that letter safe matey.

                That's another one done n dusted. The case law they refer to is normal, ie just cos it's ue doesn't mean they won't hassle you. Just means they can't enforce it!!

                You're having a good month mate

                Can you send it me to look at please?

                Morning Sir,
                Letter sent by email.
                Apologies for the delay - t'was my birthday yesterday,so I decided a stellafest was in order.
                Last edited by MattyA; 26 February 2011, 06:59.

                Comment


                • Re: MattyA UE Diary

                  Originally posted by MattyA View Post
                  From Moorcroft re LTSB account confirming that they cant find a copy of of my credit agreement as the account is more than 6 years old,but they believe that in any case the balance remains due and they require immeadiate payment or realistic payment proposals....
                  Great result Matty

                  Hope you had a fab birthday yesterday.

                  Comment


                  • Re: MattyA UE Diary

                    hope you had a good un
                    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.

                    Comment


                    • Re: MattyA UE Diary

                      Originally posted by MattyA View Post
                      Morning Sir,
                      Letter sent by email.
                      Apologies for the delay - t'was my birthday yesterday,so I decided a stellafest was in order.
                      Happy late birthday mate - you should have told us and we'd have put an announcement on the site

                      Not a bad day then, given its another result in the UE world

                      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: MattyA UE Diary

                        Originally posted by MattyA View Post
                        Letter sent by email.
                        Mate, nothing in my emails? Have you sent to correct address?

                        agreements@all-about-debt.co.uk

                        edit - just noticed you sent to the niddy@ address

                        I suggest you take a peek here mate: ---> User Guide - Sending your Agreement to Niddy
                        Last edited by Never-In-Doubt; 26 February 2011, 17:41. Reason: added edit
                        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: MattyA UE Diary

                          Originally posted by MattyA View Post
                          Letter sent by email.
                          Ok, got your email - please read this: ---> User Guide - Sending your Agreement to Niddy

                          OK, in their letter they make it clear what they can and cannot do - luckily it seems they understand their position which is good for you - in fact it's awesome for you! In a nutshell what they say is correct, they cannot enforce it but they can (and will) hassle you - therefore you just get used to ignoring them - that's really it. If they annoy you by phone, because you ignore them - then change your number and you can pretty much forget about this.

                          If another DCA buys the debt (silly twats) then you would photocopy that letter (remember to keep it safe) and send it along with a copy of this: ---> CCA Query - Letter Previously Confirming No CCA

                          For the benefit of others, here is an extract of Matty's letter:
                          Click image for larger version

Name:	Nice1.PNG
Views:	1
Size:	252.0 KB
ID:	1381876
                          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: MattyA UE Diary

                            p.s that's an excellent result Matty!

                            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: MattyA UE Diary

                              Originally posted by Never-In-Doubt View Post
                              Mate, nothing in my emails? Have you sent to correct address?

                              agreements@all-about-debt.co.uk

                              edit - just noticed you sent to the niddy@ address

                              I suggest you take a peek here mate: ---> User Guide - Sending your Agreement to Niddy

                              Sorry Boss - thought as it wasnt an agreement......
                              next time

                              Comment


                              • Re: MattyA UE Diary

                                Originally posted by Never-In-Doubt View Post
                                Ok, got your email - please read this: ---> User Guide - Sending your Agreement to Niddy

                                OK, in their letter they make it clear what they can and cannot do - luckily it seems they understand their position which is good for you - in fact it's awesome for you! In a nutshell what they say is correct, they cannot enforce it but they can (and will) hassle you - therefore you just get used to ignoring them - that's really it. If they annoy you by phone, because you ignore them - then change your number and you can pretty much forget about this.

                                If another DCA buys the debt (silly twats) then you would photocopy that letter (remember to keep it safe) and send it along with a copy of this: ---> CCA Query - Letter Previously Confirming No CCA

                                For the benefit of others, here is an extract of Matty's letter:
                                [ATTACH]350[/ATTACH]

                                will keep it safe for sure.
                                The number is already changed so no probs there.....

                                Comment

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