benadabec UE Diary

[Never-In-Doubt]

Re: benadabec UE Diary

Ok better lol

Keep us updated yea? All clear now....?

thanks :niddy

[benadabec]

Re: benadabec UE Diary

After writing to 1st Credit (re Marbles) with the Letter Confirming No CCA, 1st Credit have written back saying "they do not consider the letter I provided by Marbles states that they are unable to fulfil my CCA request." So Marbles admitting they cannot provide a copy of the agreement isn't complying with the CCA request in their eyes?!

The letter goes on to say:
"When a debtor makes a request for a copy of the agreement under CC Act 1974, the creditor is not obliged to provide a signed copy of the agreement as per Regulation 3(2).
This was also confirmed by his Honour Judge Waksman QC on 23rd December hearing 6 test cases together with the OFT. It was determined:
• a creditor doesn't need to supply a copy of the original agreement
• a creditor can provide a reconstituted document from other sources other than the signed agreement
• they don't need to provide a document that complies with the CC Agreements Regulation 1983 with the date the agreement was made
• the copy provided under s78 must contain the debtor's name and address from the time the agreement was made.
Therefore Marbles have fulfilled their obligations to provide information under the CC Act 1974 and the default no longer continues. Our client has advised us the account was opened in March 2003 and the last payment was in September 2010."

They then give me 14 days to contact them with proposals for settling the outstanding balance. Incredible. They clearly will not take no for an answer.

What would be the appropriate response? Refusal by Lender/DCA - to accept Unenforceability? Or Debtors Final Response - No CCA Received?

[Deepie]

Re: benadabec UE Diary

Hi
I would ignore and see what they say next

[Never-In-Doubt]

Re: benadabec UE Diary

Hi
I would ignore and see what they say next

I agree. Ignore for now!! Muppets

[benadabec]

Re: benadabec UE Diary

Thanks for the replies. I'm quite happy to ignore and see what bull$hit they come up with next!

[Never-In-Doubt]

Re: benadabec UE Diary

Thanks for the replies. I'm quite happy to ignore and see what bull$hit they come up with next!

You know them too well

[benadabec]

Re: benadabec UE Diary

After a nice, quiet few weeks a letter has come through from Calder Financial in regards to Barclaycard Visa.
Previously BCard had sent through only terms and conditions back in January and in the cover letter stated that this satisfied their obligations under section 78.

Calder demand full payment within 7 days of the letter (dated 17th June - today is the 24th. That gives me plenty of time!). Failure to pay could result in legal action/enforcement by bailiff/enforcement by attachment of wages/local collectors coming to home/ability to obtain credit effected!

Seeing as the time they give me to pay/respond expires the same day I receive the letter, is this an ignore and see what they say next or one of your fine letter responses?

Thanks as always Nidmeister General

[MrsD]

Re: benadabec UE Diary

calders are just a couple of desks along from Barclaycard, so you could send a sold in dispute or you could just ignore, all the same office anyway!

[Never-In-Doubt]

Re: benadabec UE Diary

Just ignore this - await their next response

[benadabec]

Re: benadabec UE Diary

Had a letter from Chelmer Collections in regards to my Barclays overdraft. They say my outstanding balance is critical (!) and passed to them. I need to contact them to discuss paying off the balance or the account will be closed and passed to an external debt collection agency.

Do I ignore this and wait to hear from the DCA?

Thanks in advance, as always

[Deepie]

Re: benadabec UE Diary

Had a letter from Chelmer Collections in regards to my Barclays overdraft. They say my outstanding balance is critical (!) and passed to them. I need to contact them to discuss paying off the balance or the account will be closed and passed to an external debt collection agency.

Do I ignore this and wait to hear from the DCA?

Thanks in advance, as always

Yes just ignore see who gets it next

[Never-In-Doubt]

Re: benadabec UE Diary

Agreed, just ignore for time being.....

[benadabec]

Re: benadabec UE Diary

Thanks in 2 deep and NID for the sage advice

[Never-In-Doubt]

Re: benadabec UE Diary

Thanks in 2 deep and NID for the sage advice

Keep us updated yea? Any letters etc - post details and we'll come back to you.....

[benadabec]

Re: benadabec UE Diary

Letter from Barclaycard regarding a final demand re Visa card (only ever sent me a sheet of terms and conditions). Statements are now going to stop being sent (at last) and if a payment isn't made by 8 August, they may proceed to sending a debt collector round and/or they may start legal proceedings. Is this an ignore as usual?

Also I am getting away for 2 weeks from next weekend, is there anything they might send that would cause problems with not responding to? Like a legal notice or something that requires an urgent response? There's not much I can do about it, just preparing to return home to a festering pile of cronk from the delightful Barclaycard.