Greymatter's ue Diary

[greymatter]

Its time I started my diary and I will load up as I tackle them,so the first here is:

Barclaycard Gold Visa

Type of account (credit card)

Date commenced (Approx 2000)

Approx Balance (£10600)

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 tomorrow and will update my diary when I receive anything.

Thanks to Niddy and you all.

Key:sent
received
other information

16.12.11 Recorded delivery sent today
19.12.11 Signature obtained
10.01.12 No response to my CCA request.Am I too early to send :CCA request Final Demand.Or should I ignore and stop payment now.
10.01.12 Payment stopped
12.01.12 Letter received(In fact 2 identical) they are referring back to client for copy docs.

[garlok]

Re: Greymatter's ue Diary

Hi GM,

You say Mercers. They are Barclaycard. Their DNs are usually defective in a number of ways. Did you keep the envelope by the way and do you know the exact date it came through your door? Thats for one. Secondly is this one of their Visa cards or one of their Mastercards?.

CSL are not usually too difficult to see of once you have established UE or any other contentious matter to do with the account. However they return it to bC and you go on around the circus with the rest of us.

best of luck and will look forward to seeing your updates.

regards
Garlok

[greymatter]

Re: Greymatter's ue Diary

Hi Garlok
Unfortunately I did not keep the envelope ,however the letter is dated 30/09/03 and it says I must pay the minimum payment by the date shown on my monthly statement.(which I have).It does not show this amount on the DN however.
Its a BC Gold Visa card.
Hope this helps
Thanks
GM

[garlok]

Re: Greymatter's ue Diary

That DN is then defective mate. It has to be headed and served under s87(1) of the CCA1974. It has to quote an accurate figure of what you have to pay to rectify the default and it must state a specific date by which the default should be rectified. This date must give 14 clear days from the date you actually received it. i am inclined to think that unless it is headed Default Notice then this may just be one of Mercers basic template letters and not a DN. Have you received any notice from them or another of their in house outfits named Calders which demands monies not yet due or a demand for the full outstanding balance? This would be attempted termination which they cannot do under a defective DN. Don't tell 'em though as they can rectify.

I only asked about the visa/MC thing because the Mastercard stuff usually is pretty defective as agreements go certainly from the early nineties when they introduced it but they were getting a bit better (not much) with the Visa stuff as time went on.

But lets see what they come up with from the s78 request and let Niddy take a good look and come back.

regards
Garlok

[greymatter]

Re: Greymatter's ue Diary

Hi Garlok
The Mercers 'DN' states DN served under sec 87(i) of the Consumer Credit Act.Also the time for settling I think was 7 days back then.
They also go on to say that I must make a payment of the overdue amount by 14/10/03.
I have never received anything from Calders.
However I have had requests from Mercers dated 17/11/03 telling me in bold letters that'You must pay the full amount due by 24/11/03.
I have now sent the recorded del request for CCA.(I have updated my diary)
GM

[garlok]

Re: Greymatter's ue Diary

Hi GM you are right in that 7 days was correct at that time and the you have been given adequate time. Its just the accuracy of the thing now as to figures. OK they have terminated by making a demand for the full amount.

However lets see what they come back with on the CCA request first.

regards
Garlok

PS sorry I missed that you had rectified by making the full payment by the date, so termination was unnecessary. I would have to look into that situation carefully.

[greymatter]

Re: Greymatter's ue Diary

No I have not made a full payment.Its that they asked for it after the so called DN.
Sorry for the confusion .

[garlok]

Re: Greymatter's ue Diary

No problems mate. One less thing to do on my list. Just sit and wait the results then would be my take and lett Niddy take a look when anything finally arrives.

regards
Garlok

[greymatter]

Re: Greymatter's ue Diary

Thought it best to record this account here as it was in UE section:
Barclays (was EGG)

Type of account (credit card)

Date commenced (Approx 2000)

Approx Balance (£13000)

Last made a FULL payment (Apl 2003)

Paying by arrangement with DCA(Moorcroft)

Default Notice issued by Egg(Mar 2003)

Account run by Moorcroft

Key:sent
received
other information

3.11.11 CCA request sent(I sent two requests as I thought they ignored the 1st)
12.11.11 Letter received from Moorcroft stating'unable to produce a copy of your credit agreement because of the age of the account.....'

21.11.11 Letter sent Final Response - Unenforceability (No CCA Received)
28.11.11 Letter received from Moorcroft stating'returning the account back to their client and to cease any further activity with regard to it'
30.11.11 This makes the account
3.11.11 I have ceased payments
13.12.11 Letter received from BC informing me that account now passed to Allied International Credit.BC state that'We will no longer accept any communication from you'
19.12.11 Niddy says ignore
14.01.12 Could see on my phone I had been called by AIC in the morning-no message.So this is the start I suppose I will be getting the calls and letters now.Well with you all behind me 'let the games begin'
16.01.12 As expected,I have received a letter from AIC this am.They are reviewing my fie within the collections dept to consider if further action is warranted.The options they go on to offer are various methods to reduce/pay off the balance.It closes with 'failure to contact us immediately on the telephone etc etc may result in a recommendation to their client that proceedings should be initiated against you'

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy,I have read within these diaries that 'Fixed/Flexible' loans are somewhat different to the normal loan account.Does my loan come in this category?Hence my mini explanation of the running of my loan account,cos I was lent a fixed sum.If it does but they can't come across with a signed agreement then does this qualify for a U/E route?I have not made any application for CCA 77-79 until I get your thoughts regarding this situation.
Key:sent
received
other information

Barclays Select
Type of account Fixed (Loan over 36 Months)
Explanation
This loan account required that you pay the agreed fixed monthly amount and if you default( miss payment(s)) this agreed monthly figure is immediately tranferred to what they call a Flexible Account.This is shown(detailed) within the same monthly statement and interest is then added to the o/s month(s) default and added to the flexible balance.You are then required to pay the agreed current monthly fixed loan figure plus a minimum payment from the flexible balance.So if you cannot pay this you soon receive a D/N.The D/N shows the balance they are after,which is the total o/s.No split is shown between 'fixed and flexible'.
Date commenced (July 2003)

Approx Balance (£10000)

Last made a FULL payment (Apl 2004)

Paying by arrangement with DCA(Credit Solutions)

Default Notice issued by Barclays(Dec 2003 + again April 2004)

Account run by Credit Solutions

10/01/12 CCA request sent recorded delivery
20.01.12 Letter from CSL :they are requesting the documents from Barclays and will forward onto me when they get the.

[greymatter]

Re: Greymatter's ue Diary

Its time I started my diary and I will load up as I tackle them,so the first here is:

Barclaycard Gold Visa

Type of account (credit card)

Date commenced (Approx 2000)

Approx Balance (£10600)

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 tomorrow and will update my diary when I receive anything.

Thanks to Niddy and you all.

Key:sent
received
other information

16.12.11 Recorded delivery sent today
19.12.11 Signature obtained

10.01.12 No response to my CCA request.Am I too early to send :CCA request Final Demand.Or should I ignore and stop payment now.

[Deepie]

Re: Greymatter's ue Diary

10.01.12 No response to my CCA request.Am I too early to send :CCA request Final Demand.Or should I ignore and stop payment now.

You need to stop paying and see what they do next

[greymatter]

Re: Greymatter's ue Diary

Ok ,thanks

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy,I have read within these diaries that 'Fixed/Flexible' loans are somewhat different to the normal loan account.Does my loan come in this category?Hence my mini explanation of the running of my loan account,cos I was lent a fixed sum.If it does but they can't come across with a signed agreement then does this qualify for a U/E route?I have not made any application for CCA 77-79 until I get your thoughts regarding this situation.
Key:sent
received
other information

Barclays Select
Type of account Fixed (Loan over 36 Months)
Explanation
This loan account required that you pay the agreed fixed monthly amount and if you default( miss payment(s)) this agreed monthly figure is immediately tranferred to what they call a Flexible Account.This is shown(detailed) within the same monthly statement and interest is then added to the o/s month(s) default and added to the flexible balance.You are then required to pay the agreed current monthly fixed loan figure plus a minimum payment from the flexible balance.So if you cannot pay this you soon receive a D/N.The D/N shows the balance they are after,which is the total o/s.No split is shown between 'fixed and flexible'.
Date commenced (July 2003)

Approx Balance (£13000)

Last made a FULL payment (Apl 2004)

Paying by arrangement with DCA(Credit Solutions)

Default Notice issued by Barclays(Dec 2003 + again April 2004)

Account run by Credit Solutions

Should I request a CCA ?

[greymatter]

Re: Greymatter's ue Diary

Hi there
As I'm going to the POffice ,should I also send for a CCA,as I don't want to do the wrong thing here.I apologies for my repeat request but its time to attack these sh*ts.