Greymatter's ue Diary

[greymatter]

Re: Greymatter's ue Diary

Thanks Niddy
As a matter of interest, if, as in one of my CCA requests (in my Dairy#121)they do not respond ,I have stopped the payment as until they do respond its UE.Is this correct?
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Thanks Niddy
As a matter of interest, if, as in one of my CCA requests (in my Dairy#121)they do not respond ,I have stopped the payment as until they do respond its UE.Is this correct?
GM

They cannot enforce under s.127(3) if they failed with your s.78 request. So yes they can go to court but then Paul (or whoever) would argue they failed s.78 so the judge must strike out as he cannot enforce based on the provisions within s.127.

In a nutshell.... :niddy

[greymatter]

Re: Greymatter's ue Diary

Thanks Niddy
GM

[greymatter]

Re: Greymatter's ue Diary

Quote:
Originally Posted by greymatter
Its time to start this one off:

Barclaycard MasterCard

Type of account (credit card)

Date commenced (Approx 2000)

Approx Balance (£3000)

Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CSL)
Default Notice issued by Mercers acting as agents for BC(Sep 2003)
Account run by CSL

I will be requesting CCA by recorded delivery Monday 13th Feb 2012 and will update my diary when I receive anything.

Key:sent
received
other information

I left this response report until they had enough time to respond:

21/02/2012 Received letter from DCA informing me that they are referring this request to their client for copy documentation.

06/03/2012 As of today I still have not received anything. So I will stop payment before the due date and would this now be considered until they turn up the necessary docs?[/QUOTE]

03/04/2012 Still not received anything for this account .I have of course stopped payment .
Should I just sit tight?
My other diary for Barclays Select #72 is exacxtly the same.No response but payment definately stopped.
Sit tight here too? [/QUOTE]
[/QUOTE]03/04/2012 I2D just sit tight.....they are in defult of your CCA request....[/QUOTE]

21/05/2012 Received letter from BC account now passed to Robinson Way to manage collection.... they ask me to contact them as a matter of urgency!!!

CSL/BC have not supplied my CCA but CSL acknowledged receiving my request and have passed on to BC.However no CCA forthcoming.What is the best course of action ,ignore and wait or sold in dispute?
Thanks
GM

[Pixie]

Re: Greymatter's ue Diary

It wouldn't hurt to send the sold in dispute letter (amend as necessary)

[greymatter]

Re: Greymatter's ue Diary

Quote:
Originally Posted by greymatter
Its time to start this one off:

Barclaycard MasterCard

Type of account (credit card)

Date commenced (Approx 2000)

Approx Balance (£3000)

Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CSL)
Default Notice issued by Mercers acting as agents for BC(Sep 2003)
Account run by CSL

I will be requesting CCA by recorded delivery Monday 13th Feb 2012 and will update my diary when I receive anything.

Key:sent
received
other information

I left this response report until they had enough time to respond:

21/02/2012 Received letter from DCA informing me that they are referring this request to their client for copy documentation.

06/03/2012 As of today I still have not received anything. So I will stop payment before the due date and would this now be considered until they turn up the necessary docs?

03/04/2012 Still not received anything for this account .I have of course stopped payment .
Should I just sit tight?
My other diary for Barclays Select #72 is exacxtly the same.No response but payment definately stopped.
Sit tight here too? [/QUOTE]
[/QUOTE]03/04/2012 I2D just sit tight.....they are in defult of your CCA request....[/QUOTE]

21/05/2012 Received letter from BC account now passed to Robinson Way to manage collection.... they ask me to contact them as a matter of urgency!!!

CSL/BC have not supplied my CCA but CSL acknowledged receiving my request and have passed on to BC.However no CCA forthcoming.What is the best course of action ,ignore and wait or sold in dispute?
Thanks
GM[/QUOTE]

It wouldn't hurt to send the sold in dispute letter (amend as necessary)

21/05/2012 Thanks Pixie.However The letter from BC is a black and white logo and the only address is Robinson Way in the main body of the letter.
Its signed but no address.
I'm not completely sure of the right address to respond to,although I have the writers name and position.
What do you recommend here or should I wait for RW to get in touch and hit them with the sold in dispute letter?
Thamks
GM

[greymatter]

Re: Greymatter's ue Diary

OK Will do
Thanks
GM

[greymatter]

Re: Greymatter's ue Diary

Originally Posted by greymatter
Its time to start this one off:

Barclaycard MasterCard

Type of account (credit card)

Date commenced (Approx 2000)

Approx Balance (£3000)

Last made a FULL payment (June 2003)
Paying by arrangement with DCA(CSL)
Default Notice issued by Mercers acting as agents for BC(Sep 2003)
Account run by CSL

I will be requesting CCA by recorded delivery Monday 13th Feb 2012 and will update my diary when I receive anything.

Key:sent
received
other information

I left this response report until they had enough time to respond:

21/02/2012 Received letter from DCA informing me that they are referring this request to their client for copy documentation.

06/03/2012 As of today I still have not received anything. So I will stop payment before the due date and would this now be considered until they turn up the necessary docs?

03/04/2012 Still not received anything for this account .I have of course stopped payment .
Should I just sit tight?
My other diary for Barclays Select #72 is exacxtly the same.No response but payment definately stopped.
Sit tight here too? [/QUOTE]
[/QUOTE]03/04/2012 I2D just sit tight.....they are in defult of your CCA request....[/QUOTE]

21/05/2012 Received letter from BC account now passed to Robinson Way to manage collection.... they ask me to contact them as a matter of urgency!!!

CSL/BC have not supplied my CCA but CSL acknowledged receiving my request and have passed on to BC.However no CCA forthcoming.What is the best course of action ,ignore and wait or sold in dispute?
Thanks
GM[/QUOTE]
Quote:
Originally Posted by Pixie
It wouldn't hurt to send the sold in dispute letter (amend as necessary)

21/05/2012 Thanks Pixie.However the letter from BC has a black and white logo and the only address is Robinson Way in the main body of the letter.
Its signed but no address.
I'm not completely sure of the right address to respond to,although I have the writers name and position.
What do you recommend here or should I wait for RW to get in touch and hit them with the sold in dispute letter?
Thanks
GM
21/05/2012 Flowerpower:
If Robbers Way haven't contacted you yet, wait for them to do so and post and update here when they write to you.

21/05/2012
OK Will do
Thanks
GM


22/05/2012 I got a tel call today from RW I said put it in writing.I hung up.

I realised that the so-called BC letter I received yesterday was actually sent from RW as the address on the envelope(Saved and filed)gave RW address.
Is this the normal practice that the OC allows the DCA to use their logo and by this token are being bloody devious?
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

^^^ Just ignore this nonsense.... Robbers Way are pretty much the scum of the earth. See what develops.

[greymatter]

Re: Greymatter's ue Diary

Wow what kept you Nids !!
Thanks for such a quick response.
GM

[greymatter]

Re: Greymatter's ue Diary

Quote:
Originally Posted by greymatter
Hi Niddy
I would like some advice on the following:

Natwest CC Bal £9K+ Taken out about 1980??
Defaulted July 2003
Account Termination August 2003
Still paying agreed token monthly payment( very little)
However they always keep requesting a review every 3-6 months,I never increase my monthly amount,which they accept.
As they have not placed this with a collecting agency ,which surprises me,does this mean they have the agreement?I am concerned that a CCA request for my account might just awaken a monster here.
There's no way could I afford to pay the £9k.
Whats your advice here Niddy
Thanks
GM
Key:sent
received
other information
26/03/2012 Reg letter sent this morning.
Quote:
Originally Posted by Never-In-Doubt
send for the CCA - why are you paying old accounts from c2000

Seriously, get the CCA asap then lets take a peek before doing anything

17/04/2012 Still have not received CCA. Shall I take this as U/E at this moment .I assume there is no need to chase them?
Thanks
GM

If they haven't sent your cca then it's UE.

No point chasing them. Just let us know when they send something.

OK Thanks Pixie
GM

23/05/2012 Received letter from NatWest acknowledging my CCA request.They have sent a copy of current terms and conditions as they say I took this card out in 1980 and that section 78 was brought into force on 19th May 1985.Schedule 3 of the 1974 act states that S.78 applies to an agreement made after 1985 onwards where the agreement would have been a regulated agreement.They go on to point out that agreements made before 19 th May 1985 it is sufficient to supply a copy of the current terms that acts as a true copy.
They go on to say that the agreement is enforceable.

Are they right and am I stuffed,I really am worried about this.
I cannot remember having the card back in 1980 I really thought it was about 2000.
Please advise as to what my next step is.
Thanks

GM

[Deepie]

Re: Greymatter's ue Diary

CONSUMER CREDIT
The Consumer Credit Act 1974 (Commencement No. 8) Order 1983

Made
24th October 1983
The Secretary of State, in exercise of the powers conferred on him by sections 182(2) and 192(2) and (4) of the Consumer Credit Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation

1.(1) This Order may be cited as the Consumer Credit Act 1974 (Commencement No. 8) Order 1983.
(2) In this Order, the Act means the Consumer Credit Act 1974.
Appointment of day

2.(1) For the purposes of paragraphs 3, 13, 14, 16 to 18, 20 to 38, 41 and 43 of Schedule 3 to the Act, the appointed day shall be 19th May 1985.
(2) For the purposes of paragraph 39 of Schedule 3 to the Act, the appointed day shall be 19th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement.
Amendment of Schedule 3 to the Act

3. Schedule 3 to the Act shall be amended so as to insert express references to the days appointed by Article 2 above by the substitution
(a)for the words the day appointed for the purposes of this paragraph wherever they occur
(i)in each of the paragraphs specified in Article 2(1) above of the words 19th May 1985; and
(ii)in paragraph 39 of the words 19th May 1985 but only in respect of articles taken in pawn under a regulated consumer credit agreement; and
(b)for the words the day appointed for the purposes of paragraph 17 wherever they occur in paragraph 49 of the words 19th May 1985.

I Think they are talking rubbish ... I've asked Niddy to take a look

[greymatter]

Re: Greymatter's ue Diary

Thanks I2D
I have been reading many articles about this pre 19th May 1985 stuff.Heads spinning.
I can't wait for Niddys response on this one.They have not got any Docs thats for sure.
I had the same from BC where they admit they can only supply up to date statements and T/cs and therefore cannot enforce .I hope this bit of info is useful to Niddy.
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Load of old bollocks. Is it cca 1974 or cca 1985?

They must comply with s.78. Simples.

I'll check later and explain. Just on way out!!

[Deepie]

Re: Greymatter's ue Diary

Load of old bollocks. Is it cca 1974 or cca 1985?

They must comply with s.78. Simples.

I'll check later and explain. Just on way out!!

thought it was.........