benadabec UE Diary

[benadabec]

Hi NID

Have ventured down the UE route on two of my CC accounts. Just have some questions, would really appreciate the advice.

HALIFAX (account opened 2001)
Sent CCA request to Robinson Way (DCA) 3/8/10
Have had 3 letters from RW:
firstly saying they are requesting the agreement from their client
a follow-up saying they are still awaiting the information so collection is 'on hold'
third letter came on 25/8/10 saying they are having trouble finding the documents but can still report activity to CRA etc.

My question for this account is do I send a follow-up letter or leave it for them to come back to me?

MARBLES (account opened 2000)
Sent CCA request 14/8/10
20/8/10 received current terms and conditions with current address (not address from when account was opened)
29/8/10 letter received stating the original lender have not yet located the agreement. But they stress they 'believe' they have complied with s.78 by sending T&C's and account is enforcable, legal blah blah blah

For this, do I again wait to see if they locate anything or send a response?

Many thanks in advance for your wisdom and help

Re: benadabec UE Diary

hiya benadabec. Don't worry, when you first begin to post here your posts need to be approved at first. When someone approves them they'll appear on the board.

I'm going to delete the other thread hokey dokey

No problems, just thought I'd drop you a line to tell you what happened and to say welcome ;Hi1

[Never-In-Doubt]

Re: benadabec UE Diary

HALIFAX (account opened 2001)
a follow-up saying they are still awaiting the information so collection is 'on hold'
third letter came on 25/8/10 saying they are having trouble finding the documents but can still report activity to CRA etc. My question for this account is do I send a follow-up letter or leave it for them to come back to me?

Yea they can default you and hassle you but they cannot enforce the agreement - well done! Until such time they send you a lawful CCA this account is, and remains, Unenforceable :UE

MARBLES (account opened 2000)
29/8/10 letter received stating the original lender have not yet located the agreement. But they stress they 'believe' they have complied with s.78 by sending T&C's and account is enforcable, legal blah blah blah - For this, do I again wait to see if they locate anything or send a response?

Exactly the same answer as above - well done, 2 outta 2 aint a bad start :UE

[benadabec]

Re: benadabec UE Diary

Thanks for your reply NID. Do I send any letters back to these goons, such as the CCA Query T&C's supplied, or wait it out and let them make a move?

[oscar]

Re: benadabec UE Diary

As NID has said the agreements are now unenforceable - I would cease all communications until such times as they find an "alleged" agreement.

[benadabec]

Re: benadabec UE Diary

I will happily leave Halifax/DCA floundering around trying to find the documents, they themselves say they cannot enforce the account until they do.

The Marbles one, however, their letter underlines that even though they haven't found any documents, they feel sending just the T&C's is sufficient and expect me to carry on paying. Would a CCA Query letter help me by putting the ball back in their court, letting them know they haven't fulfilled their obligations and I won't be paying until they do provide something?

[Never-In-Doubt]

Re: benadabec UE Diary

I will happily leave Halifax/DCA floundering around trying to find the documents, they themselves say they cannot enforce the account until they do.

The Marbles one, however, their letter underlines that even though they haven't found any documents, they feel sending just the T&C's is sufficient and expect me to carry on paying. Would a CCA Query letter help me by putting the ball back in their court, letting them know they haven't fulfilled their obligations and I won't be paying until they do provide something?

You do not need to send anything back to either of them.

They will write again in due course at which point then, we'll get writing to them. For the moment, ignore them yea? ;Qt

As for them saying it is sufficient, great - bully for them - shame a court sees things in a different light, and lucky for us we have laws to stop their opinion mattering that much! In a nutshell, they are talking shyte - who cares what they feel or think - the law is black and white - no agreement = no action can be taken - only s.65(1) can come into play - i.e. it can ONLY enforced by a judge!

So regards to Marbles - 1 1

[benadabec]

Re: benadabec UE Diary

Hi NID and everyone

Long overdue update! It's been very quiet for the last 2 months or so with no post at all. The phone calls have started increasing in volume but have ignored both calls to mobile and home. I have no idea if this relates to Marbles or Halifax as it was an 0808 number! Then towards the end of the week, the phone calls tailed off down to one or two calls a day, and Monday and Tuesday - nothing. Too good to be true? Absolutely.
This morning on my way to work, I had a call on my mobile from a local landline number. So I unsuspiciously answered it to be greeted by CapQuest! I said I couldn't talkl and to call back, then logged the number so I can cancel any further calls. So I guess if Capquest have one of the accounts, I should expect a letter at some point?! It's a slightly nerve-wracking thing to get into, knowing the DCA's are figuratively knocking at your door :-s
I'm sure I'll be flooding the boards when the threats start coming through...

[MrsD]

Re: benadabec UE Diary

morning Benadabec

Try not to worry, this is very common, the creditors tend to put you on a merrygoround of DCAs, they send your supposed debt to a DCA, they contact you, you tell them its in dispute and they send it back to original creditor, who send on to the next DCA. Some of ours are on our third DCA. Its a waste of everybody's time but they seem to like doing it. and they do it with unenforceable debts that they have admitted to being unenforceable!!!
so chill, don't answer the phone and if they write, come on and let us know and Niddy will point you to the correct letter and don't fret!!!

[benadabec]

Re: benadabec UE Diary

Thanks evenlessdopey

Makes a huge difference chatting about it with others who are going through the same thing. You realise you're not alone in tackling this!
I guess my worry is that because the CCA's haven't been found yet, there's always the chance they will turn up at some point.

[Pixie]

Re: benadabec UE Diary

Thanks evenlessdopey

Makes a huge difference chatting about it with others who are going through the same thing. You realise you're not alone in tackling this!
I guess my worry is that because the CCA's haven't been found yet, there's always the chance they will turn up at some point.

Worry about that only when, and if, it happens - which isn't very likely. So - no need to worry!

[MrsD]

Re: benadabec UE Diary

absolutely!!!

[Never-In-Doubt]

Re: benadabec UE Diary

All the best - as the others have said, don't worry - if the calls get annoying then consider changing your number......

Keep us updated gh

[benadabec]

Re: benadabec UE Diary

Well I finally received my first letter. Following a bombardment of calls from Capquest on behalf of Halifax, they've sent the usual guff:

Pay in full or set up a payment plan or face possible litigation and doorstep visits, plus if they don't hear from me by 28th November, the account will be passed on to their solicitors HL Legal.

When I started the CCA process, I sent the CCA request to Robinson Way (DCA) as Halifax had passed the account on to them as I was making smaller payments. I had a succession of 4 letters from RW:
1) RW have asked for copy of agreement, account on hold
2) RW state delay in obtaining documentation
3) Still awaiting a response from their client
4) Final letter they state in view of my query they have removed my account from their files and sending it back to Halifax

So which letter do I send to Crapquest? I have no letter from the OC stating they cannot find the agreement, only the 1st DCA's correspondence as stated above.

As always, really appreciate the help and look forward to your enlightened response!

[benadabec]

Re: benadabec UE Diary

The letter from Crapquest was dated 19th November, I got it the 25th and they want contact from me by the 28th (a Sunday) or it goes to the solicitors. Ample time to respond, then!! Does my response need to get to them before 28th or will next week suffice?