benadabec UE Diary

[diddlydee]

Re: benadabec UE Diary

Hi benadabec, good morning.

Niddy is working on site maintenance at the moment, so won't be able to update any diarys at least until the weekend. However, don't worry about them giving you cut off dates, let them pass it onto their "legal" dept; makes no difference to that fact that the account is currently and will remain so unless they produce a properly executed agreement.

Niddy will pop along to provide you with the best course of action in due course.

In the meantime, don't panic, and enjoy your weekend - you are in safe hands now :banaad

[benadabec]

Re: benadabec UE Diary

Thanks diddlydee

Wasn't sure how more complex it got once it went from DCA to solicitors. I've already seen one DCA off, but this lot seem keen to go as quickly as possible to the legal beagles. I was prepared to bat the DCA's off but not so eager to deal with solicitors. I shall wait patiently for the next step!

[diddlydee]

Re: benadabec UE Diary

Don't worry too much - I've had debts passed to "legal" depts, then, with one little letter, they go straight back to lender Niddy is scarier than any solicitor - believe me!

[Never-In-Doubt]

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.

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!

Hiya, ok send two letters (same envelope) to CrapQuest

1. ---> viewtopic.php?p=20203#p20203

2. ---> viewtopic.php?p=178#p178

• • * Feel free to merge the two letters if easier for you.....

Don't worry, if they send to a solicitors i'll sort it for you. They always make idle threats! Muppets. :kermit

[Never-In-Doubt]

Re: benadabec UE Diary

Niddy is scarier than any solicitor - believe me!

Huh! Charmin - love you too!

gh

[benadabec]

Re: benadabec UE Diary

Thanks so much Niddy, will get those letters off first thing tomorrow.

Have a good rest of your weekend

[Never-In-Doubt]

Re: benadabec UE Diary

cheers

[benadabec]

Re: benadabec UE Diary

Just a quick update on the Halifax/Capquest front:

letter received today from CapQuest stating they were not aware by Halifax of the dispute (of course not!) and were almost humbly apologetic and thanked me for my patience (!!) notifying me the account was being closed and sent back to Halifax. Hoorah!

I await round three with these jabroni's :-bd

[Never-In-Doubt]

Re: benadabec UE Diary

Nice one - semi result, lets wait for round 3 (as you correctly stated)

[benadabec]

Re: benadabec UE Diary

All very quiet recently, especially from Marbles. Today they (Marbles) have just sent me a default notice along with demand for payment, otherwise "the account will be terminated, legal proceedings may be initiated and/or instructions for to a DCA to recover the amount" will begin. A standard threat I guess? And I presume I do nothing now until I hear from them again?

Also, started 2 new CCA's: both Barclaycard. One is Goldfish, the othe BC Visa. I did this later than the ongoing two as I have a Barclays current account and needed to arrange another account to use. The Goldfish account they have written and confirmed they cannot find the agreement, the Visa account they are dealing with my request and will contact me in due course.

I now have an overdraft of £1100 to pay off on my Barclays current account. Should I write to them and ask them to close the account and agree to pay it off? Advice on how to tackle this would be appreciated (as is all the advice!).

[Never-In-Doubt]

Re: benadabec UE Diary

All very quiet recently, especially from Marbles. Today they (Marbles) have just sent me a default notice along with demand for payment, otherwise "the account will be terminated, legal proceedings may be initiated and/or instructions for to a DCA to recover the amount" will begin. A standard threat I guess? And I presume I do nothing now until I hear from them again?

Hiya, yep just ignore this for the moment until they sell it on....

Also, started 2 new CCA's: both Barclaycard. One is Goldfish, the othe BC Visa. I did this later than the ongoing two as I have a Barclays current account and needed to arrange another account to use. The Goldfish account they have written and confirmed they cannot find the agreement, the Visa account they are dealing with my request and will contact me in due course.

Ok, who is your new bank with? Regards to the one that said they can't find the agreement - brilliant! If anyone hassles you over that debt, you photocopy the letter and highlight the part saying they won't enforce it due to no agreement and send it with one of these: ---> CCA Query - Letter Previously Confirming No CCA

I now have an overdraft of £1100 to pay off on my Barclays current account. Should I write to them and ask them to close the account and agree to pay it off? Advice on how to tackle this would be appreciated (as is all the advice!).

It depends, it may be best to let it default (they will not close it and haggle, doesn't work like that) - by defaulting now at you know in 6yrs it will be gone for good, so just don't pay it and see what happens, then when it's been sold you can haggle a payoff of around £300 with a DCA for it....

[benadabec]

Re: benadabec UE Diary

Hi Niddy

The new bank is Santander, so not linked to any card with an ongoing CCA 'battle'.
So an overdraft works like a CC in that if it's not paid, it gets sold onto a DCA and you get a default? That may be the easiest route then, see what they say and look at a low settlement with a DCA. I know this isn't really the right forum for overdraft discussions but I may ask your advice on this when necessary!

Many thanks as always

[Never-In-Doubt]

Re: benadabec UE Diary

Hi Niddy

The new bank is Santander, so not linked to any card with an ongoing CCA 'battle'.
So an overdraft works like a CC in that if it's not paid, it gets sold onto a DCA and you get a default? That may be the easiest route then, see what they say and look at a low settlement with a DCA. I know this isn't really the right forum for overdraft discussions but I may ask your advice on this when necessary!

Many thanks as always

Yes that's how overdrafts work but unlike credit cards they are exempt from the CCA(1974) so you either have to pay them (once defaulted, then haggle for discounted rate of 10% or so) or just wait til it becomes statute barred....

Sure fire away any questions, whenever you feel like asking them

[benadabec]

Re: benadabec UE Diary

Got home from work to find a reply from Barclaycard

"re. section 78 of the consumer credit act 1974

I refer to your request for information dated 04/01/11

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the "Act") is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

I enclose a reconstituted copy of your credit agreement. A copy of the terms of your agreement as varied in accordance with section 82(1) of the Act has been (or will shortly be) sent to you under separate cover.

A statement of your account is below.

• Credit limit ....
• Current balalnce...
• Next payment due on....

This completes our obligations under section 78 of the Act.

I note your reference to pre-action disclosure under the Civil Procedure Rules. We have provided you with sufficient information to allow you to understand our position. The Civil Procedure Rules do not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which are not satisfied here. The application must be supported by evidence and the usual order is for the Applicant to pay the costs of the application, including the Respondent's costs of complying with any order that is made as a result (CPR 48.1(2))."


The documents included didn't contain a signed credit agreement. What I got was 3 pages:

-A newly printed sheet with my old address and a box saying 'YOUR RIGHT TO CANCEL: Once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by us' and that's all on that page
-Another printed sheet saying "Barclaycard Conditions - A copy for your records" followed by some (not all) terms and conditions including rights, right to cancel
-A sheet with Barclaycard Conditions, followed by the prescribed terms I believe, as it has all the credit limit, charges including interest rates and repayments information.

I didn't think it was worth scanning and emailing these pages as there doesn't seem anything here worth checking.

They say they are sending documents separately and they also correctly have my old address from 3 moves ago when I took out the card, but do I reply with anything or just ignore this?

[Never-In-Doubt]

Re: benadabec UE Diary

They say they are sending documents separately and they also correctly have my old address from 3 moves ago when I took out the card, but do I reply with anything or just ignore this?

Wait til they send the other docs (will never happen) so just ignore