Greymatter's ue Diary

[greymatter]

Re: Greymatter's ue Diary

Quote:
Originally Posted by greymatter
Quote:
Originally Posted by 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) from CSL, they are referring back to client for copy docs.
26.01.2012 Received a letter direct from BC stating that they no longer hold a copy of my executable agreement.They go on further to state that they accept that they are therefore prevented from enforcing the agreement.
This therefore makes it in their own wordsThanks AAD


21.03.2012 Hi Niddy I received the following 2 letters :
19.03.2012 Barclaycard(Posted from Stockport 2nd Class)informing me that the account has been passed to Moorcroft who are now handling the account and I should correspond with them
19.03.2012 Letter (!st class fro Stockport)Moorcroft threatening me with intended litigation(in bold letters!)

Please advise best course of action for me to take here.
Thanks
GM
21.03.2012 I2D^^^^^CCA Query - Letter Previously Confirming No CCA-----<send this with a copy of the letter you have......
21.03.2012 . Letter and attachments sent recorded today.
Thanks I2D

29.03.2012Letter received today from Moorcroft obviously ignoring ny letter with the enclosure.
This letter came in a yellow envelope(Piss coloured)with bold ref:IMPORTANT INFORMATION-POSSIBLE LITTIGATION.It shows a grid with costs if they were successful in entering a judgement.
What would be the response here please Niddy/I2D?
Thanks
GM
29.03.2012 Niddy says: send this:---> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
Thanks Niddy
29.03.2012 Letter: Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
going to get recorded del now.


Hi Niddy/I2D
06/07/2012 Received the repeat possible litigation from Moorcroft this is after they said its on hold whilst investigating.

Should I resend Threat by Creditor - Threat-o-Gram Letter Before Action , or ignore ?
Thanks
GM
6/07/2012 I2D .I Would re send this if it were me-----> CCA Query - Letter Previously Confirming No CCA
6/07/2012 Recorded and sent.
8/07/2012 They have received and signed [QUOTE]


12/07/2012 Hi Niddy/I2D
12/07/2012 Received letter from Moorcroft,obviously ignoring my 2nd letter attaching BC cannot enforce letter.They are quoting CCA 78a re: true copy of their credit agreement on request.need not be an exact copy or photocopy etc etc.It goes on to remind me of Carey vs HSBC Bank the Judge agreeing that this is the correct interpretation.
They are therefore looking forward to my proposals within the next 14 days to discharge my liability.
They are clearly ignoring the BC letter 'currently unable to provide a copy of the t/c's...and therefore prevented from enforcing.........' this was back in Jan this year.
Plus they have also ignored the fact that they(BC)never sent any Tc's(didn't have any) and yet their opening para states that the docs sent by their client meets the requirements under Sec 78 CCA.
What response should I use or is it an ignore and wait and see?
Many thanks
GM

[pepe2008]

Re: Greymatter's ue Diary

I would ignore them and save my postage. Had them trying exactly the same with me.

Or send them another copy of the BC letter with just a short note inviting them to, this time, read it and understand it and then come back to you with THEIR proposals.

It may well not be a reply to the letter that you recently sent as there are only 4 days separating this letter from Moroncroft and them having recieved the Recorded letter.

[greymatter]

Re: Greymatter's ue Diary

Hi pepe2008
I think that ignoring them at this stage seems favourite as they clearly have not read what they have sent me and what I responded to(2)!!
I think that they are hoping that my knowledge of UE is about the same as theirs.
This is their reply to my recent letter as they had sent a 2nd 'Possible Litigation'letter last time(2nd time)and this is what I replied to(again).
Interesting to see they tried the same tact with you and no doubt many more besides.
Thanks pepe2008
GM

[greymatter]

Re: Greymatter's ue Diary

Quote:
Originally Posted by greymatter
Quote:
Originally Posted by 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 (Pre 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) from CSL, they are referring back to client for copy docs.
26.01.2012 Received a letter direct from BC stating that they no longer hold a copy of my executable agreement.They go on further to state that they accept that they are therefore prevented from enforcing the agreement.
This therefore makes it in their own wordsThanks AAD


21.03.2012 Hi Niddy I received the following 2 letters :
19.03.2012 Barclaycard(Posted from Stockport 2nd Class)informing me that the account has been passed to Moorcroft who are now handling the account and I should correspond with them
19.03.2012 Letter (!st class fro Stockport)Moorcroft threatening me with intended litigation(in bold letters!)

Please advise best course of action for me to take here.
Thanks
GM
21.03.2012 I2D^^^^^CCA Query - Letter Previously Confirming No CCA-----<send this with a copy of the letter you have......
21.03.2012 . Letter and attachments sent recorded today.
Thanks I2D

29.03.2012Letter received today from Moorcroft obviously ignoring ny letter with the enclosure.
This letter came in a yellow envelope(Piss coloured)with bold ref:IMPORTANT INFORMATION-POSSIBLE LITTIGATION.It shows a grid with costs if they were successful in entering a judgement.
What would be the response here please Niddy/I2D?
Thanks
GM
29.03.2012 Niddy says: send this:---> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
Thanks Niddy
29.03.2012 Letter: Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action
going to get recorded del now.


Hi Niddy/I2D
06/07/2012 Received the repeat possible litigation from Moorcroft this is after they said its on hold whilst investigating.

Should I resend Threat by Creditor - Threat-o-Gram Letter Before Action , or ignore ?
Thanks
GM
6/07/2012 I2D .I Would re send this if it were me-----> CCA Query - Letter Previously Confirming No CCA
6/07/2012 Recorded and sent.
8/07/2012 They have received and signed

12/07/2012 Hi Niddy/I2D
12/07/2012 Received letter from Moorcroft,obviously ignoring my 2nd letter attaching BC cannot enforce letter.They are quoting CCA 78a re: true copy of their credit agreement on request.need not be an exact copy or photocopy etc etc.It goes on to remind me of Carey vs HSBC Bank the Judge agreeing that this is the correct interpretation.
They are therefore looking forward to my proposals within the next 14 days to discharge my liability.
They are clearly ignoring the BC letter 'currently unable to provide a copy of the t/c's...and therefore prevented from enforcing.........' this was back in Jan this year.
Plus they have also ignored the fact that they(BC)never sent any Tc's(didn't have any) and yet their opening para states that the docs sent by their client meets the requirements under Sec 78 CCA.
What response should I use or is it an ignore and wait and see?
Many thanks
GM
12/07/2012PEPE 2008 I would ignore them and save my postage. Had them trying exactly the same with me.

Or send them another copy of the BC letter with just a short note inviting them to, this time, read it and understand it and then come back to you with THEIR proposals.

It may well not be a reply to the letter that you recently sent as there are only 4 days separating this letter from Moroncroft and them having recieved the Recorded letter.
12/07/2012
Hi pepe2008
I think that ignoring them at this stage seems favourite as they clearly have not read what they have sent me and what I responded to(2)!!
I think that they are hoping that my knowledge of UE is about the same as theirs.
This is their reply to my recent letter as they had sent a 2nd 'Possible Litigation'letter last time(2nd time)and this is what I replied to(again).
Interesting to see they tried the same tact with you and no doubt many more besides.
Thanks pepe2008

23/07/2012
Hi Niddy/I2D

23/07/2012 Received letter from Moorcrap Headed in very large caps indeed-MONTHLY INSTALENT OFFER
Letter then goes on to threat -o-gram- style:
''As we have not received any communication from you re your o/s account...... In order to stop our recommending our clients that solicitors commence legal proceedings we are prepared to accept payments of £x per month.
failure to respond may leave us with no option but to recommend to our clients that theyconsider taking legal action against you.bla blah blah.
They have continually ignored my responses,'Account U/E see attached letter'
Whats the best response here as previously I ignored their request for my proposals to clear the account?
Thanks Niddy and I2D
GM

[MrsD]

Re: Greymatter's ue Diary

it's a mailshot

Personally I would do a one liner referring them to your last letter (12/07/2012).

paper trail is everything

[greymatter]

Re: Greymatter's ue Diary

Hi evenlessdopey
I actually didn't send a reply on the 12th as they had ignored my letter.my last letter(2nd time) was 'Letter confirming no CCA plus the BC letter'
So shall I drop them a one liner reminding them that BC have said they cannot produce the PTs etc?
Thanks
GM

[greymatter]

Re: Greymatter's ue Diary

Ok
I have drafted my response making reference to my two previous letters(its a two liner!)
Going by recorded tomorrow morning.
GM

[MrsD]

Re: Greymatter's ue Diary

no problem, just keep it very simple, i always refer to "this matter", avoid admitting the debt.

they are a bit thick, it'll take a couple of goes to get them to understand...........

[greymatter]

Re: Greymatter's ue Diary

Thanks evenlessdopey

gm

[greymatter]

Re: Greymatter's ue Diary

Quote:
Originally Posted by greymatter
Quote:
Originally Posted by greymatter
Its time to go for this one as I have not had a statement since early 2005.
Barclay Resolve
Type of account (Loan Account)
Date commenced ( 2002)
Approx Balance (£13600)
Last made a FULL payment (July 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclays(Feb 2004)
Account run by CDCS
Key:sent
received
other information

I am paying a small token payment and have not had contact since early 2005.However this will go for ever and the SB date will just keep moving out.I am concerned however that the CCA request could stir up interest charges and the like.However this site has given me confidence and if I don't act now I will have this bloody millstone around my neck till I die--and then some!
As a matter of interest CDCS have got the amount outstanding and references wrong.They have mixed them with a different debt!
Greymatter

15/05/2012 Special delivery CCA requested



Hi Niddy

31/05/2012 Letter received from Barclays and they have in the first place stated:'Sec 77 and 78 of the CCA1974(as amended) do not require Barclays Bank to provide you with a signed original form of the agreement and .......not the policy of Barclays Bank to provide this'
They are however pleased to provide me with a copy of the agreement and financial statementas the Act does not require them to supply me with a signed original'

However what they sent me was a set of TC's with figures filled in and various other hand filled details.This Agreement is not the one that I wrote for and the amount shown as outstanding and their explanation is also completely wrong.They have got the loans mixed up but have cobbled together a letter showing£13000+in arrears with an agreement of some £2000+ That would be some interest!!
What letter should I send as basically they cannot supply the original and have t'cs hand written and no date.
Thanks
GM


21/06/12 Letter rec'd from Barcs they are looking into my concerns and will contact me asap.(Within 3 weeks)

I will update when/if I receive something.
Greymatter

Hi Niddy/I2D

23/06/12 Received letter and the main part of their reply is as follows'However we would refer you to the definition of' copy' within sec 189 CCA which states 'Regulations may be made as to the form and content of the documents to be issued as copies of any executed agreement.........'it goes on to state'Regulation 3(2) states ''There may be omitted from any such (true)copy..any signature box,signature or date of signature'' They also say that their compliance with the Act does not entitle me to make any assumption as regards the existence of the agreement,so they will continue with normal debt recovery.They are also aware of schedule 6 of CCA to which I refer to in my letter.
So what would be the best thing for me to do,do I need to reply and should I stop my token payment at this moment ?
Thanks
GM
23/06/2012 In 2 Deep:Have you sent this ?-------> CCA Query - Terms & Conditions Received

If it was me I would stop paying but that's me........

23/06/2012 Hi I2DI have not sent CCA-T&C received but will now do so .
See post#275 Niddys comments as to U/E.
I was just a bit thrown earlier with Pauls comments but I fully understand Pauls points now .Just takes time to sink in.You read so many cases and Diaries and comments that I lost sight of the main theme!!
Letter will go Monday.
Thanks again I2D
GM
23/06/2007 Hi I2D I did send missing prescribed terms template on 2/6. however the T& C rec'd template looks almost the same.
So before I send please confirm .
Or should it be 'refusal to accept UE'?
Apologies for the questions I2D
Many thanks
GM
23/06/2012 In2 Deep I would send this if it was me------>Final Response - Unenforceable (CCA Received) [QUOTE]

23/06/2012 Letter sent recorded and signature received on 26/06/2012


Hi Niddy
I have not as yet had a reply from my Final Response - Unenforceable (CCA Received)to Barclays ,its been a month .I have cancelled my token payment.
Is there anything more that I should do here or accept that they are not going to reply?
Thanks
greymatter

[MrsD]

Re: Greymatter's ue Diary

they'll be rummaging in the bowels of the earth looking for a compliant bit of paper, I would leave them to it.........................

[greymatter]

Re: Greymatter's ue Diary

Well I hope they get 'bogged down'
gm

[The Tech Clerk]

Re: Greymatter's ue Diary

Well I hope they get 'bogged down'
gm

Have heard they got two Turds of the way!!

[pepe2008]

Re: Greymatter's ue Diary

Moroncroft seem to give up really quickly when you just refer THEM back to communications you had with the Client , whoever that is. Also works when you refer them to non-existent letters

[greymatter]

Re: Greymatter's ue Diary

They 'phonedyesterday at 17:15 I did not pick up .I sent the recorded delivery yesterday and today no phone call so hopefully they are slowly getting the message.