Flossy UE Diary & YB Hassle

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Niddy
Not sure but I think Flossy sent a cca request to MBNA prior to the sale of the debt and got a UE agreement back, but also sent a CCA request to Moorgate (the new people) and got a slightly different CCA back. That is what I think is confusing her.

P.s Are you poorly?

Bugger how did that happen...all got sorted while i was typing...or is it the phantom post knicker again?

I guessed as such but still, it's UE. If it gets to court, the judge will say "did they send you an agreement" - yes your Honour. And what did it show "well your honour they sent two different ones..."

Need I go on! You cannot just issue a new version fixing the errors from the last until it becomes correct and compliant, well they can but they will be lambasted for it and may well lose if it got as far as court.

Flossy. If you want to email me the new version then do so. However I will need the original that they sent as well so both copies so I can compare. Please also make it clear which is which, maybe best to send two mails one with the first lot of papers and a second mail with the recent version sent by Arden.

[jon1965]

Re: Flossy UE Diary & YB Hassle

Niddy
Not sure but I think Flossy sent a cca request to MBNA prior to the sale of the debt and got a UE agreement back, but also sent a CCA request to Moorgate (the new people) and got a slightly different CCA back. That is what I think is confusing her.

P.s Are you poorly?

Bugger how did that happen...all got sorted while i was typing...or is it the phantom post knicker again?

[Flossy]

Re: Flossy UE Diary & YB Hassle

CCA sent in January 2012 with all the other CCA's. Reply off them yesterday with a CCA. I will copy and send to you.

I just wanted to make sure I was okay to do this before I sent them to you.

Thanks Boss

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Flossy, I am here but I don't always have time to reply however if I see something that warrants an immediate reply I will then do so.

Basically, if I don't reply then don't worry - if it was anything legal i'd be told/notice it and then reply immediately. Believe it or not, most of what I see here I've witnessed over 500 times with other users over the last 5 years so it's nothing new and certainly nothing to get wound up over.

If you think (genuinely) that something is worth worrying over then PM or email me and I will come back to you pretty quickly. For example, this week alone I have built up 412 PM's and over 200 emails.

Anyway, seems now we're up to date - great

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

UPDATE:

MBNA CC / SOLD TO MOORGATE & NOW PASSED TO ARDEN - THREAT BY CREDITOR - THREAT O GRAM BEFORE ACTION LETTER SENT.
FURTHER CORRESPONDENCE FROM ARDEN THREATENING LITIGATION BUT ALSO GOING BACK TO MBNA FOR CCA!
WAIT OR THREAT TO LITIGATION LETTER?

Ok with this you should now send off this: --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

VIRGIN CC - SOLD TO MOORGATE, PASSED TO ARDEN - NO CCA BACK.
THREAT O GRAM SENT.
THREATENING LITIGATION BUT ALSO TO RETURN TO VIRGIN FOR CCA
WAIT OR THREAT TO LITIGATION LETTER?

See my last post above, respond as follows ---> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

As I suspected looking at the envelopes yesterday I have today opened them which is MBNA and VIRGIN CCA's.

Ok......

I am confused as to why they have sent me another CCA for MBNA as I have already received one from them which the Boss said was UE.

Fine, then send back the missing PT's as advised above

I am going to just have a look at the file and see if its the same CCA and then if the Boss is okay today? Could he please look at these CCA's for me which have both been received from Moorgate. If they have sent the same CCA for MBNA ten I am happy with the Boss :niddy saying its UE. The Virgin one looks different and was from 2005.

Ok, for now don't worry too much about these - Ideally send the templates above - we're awaiting the Virgin agreement - until they send it they're in default and cannot enforce. The MBNA one is UE anyway thus you send back the missing PT's template.

[The Tech Clerk]

Re: Flossy UE Diary & YB Hassle

Agreed, see what comes back but as you're paying £1p/m stick to it for the time being, pointless upsetting them.

I would actually send the Missing PT's template to Moorcroft at this stage as technically, Next (and thus their agents) are still in default of the original request and so cannot enforce anyway!

Send this --> Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

As they're also in default you ought to sit tight and await a response regards the CCA.

Can you clarify, have you sent the CCA Request to MBNA in the past and if so have they responded? If not then they are in default in which case you would adapt this and send it to Arden with a copy of the original CCA Request (including the date you used) --> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Send this to CrapQuest --> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Send a CCA Request off.

Send to: Ms A. SIMMS Q & A Officer at Capquest.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

UPDATE

Yorkshire Bank CC / SOLD TO CABOT - Boss said it was UE after saying CCA was a bit all over the place. I am still paying £1pm Cabot. Will see what letters come back and deal with this at that time.

Agreed, see what comes back but as you're paying £1p/m stick to it for the time being, pointless upsetting them.

The Next catalogue/Moorcroft Debt Recovery - Next was ignored back in February due to it being UE as they asked me to sign the CCA and return in pre-paid envelope! I didnt send anything back at the time as told. Then Moorcroft got involved in April and I have sent them:

Threat O Gram letter and now they have threatened me again with possible litigation I was told to sent the next Threat to commence litigation letter, but after being certain the Next was UE at this later date do I send a PT out or just continue to send the legal litigation letter to Moorcroft?

I would actually send the Missing PT's template to Moorcroft at this stage as technically, Next (and thus their agents) are still in default of the original request and so cannot enforce anyway!

EGG/BARCLAYCARD/CREDIT SOLUTIONS - PT LETTER SENT
CREDIT SOLUTIONS HAVE BEEN IN CONTACT TO THREATEN DOORSTEP COLLECTION, ETC. IGNORE OR A/C SOLD WHILE IN DISPUTE?

Today received a letter from Power2Contact Limited(?) - They have been instructed by their clients to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT. (Maybe they could take the sofa as payment) LOL ;-)
It goes on that I have made this action necessary as I have ignored all their requests to contact them and failed to pay my account. They have given me 72 hours to contact their instructing agent Credit Solutions Limited.

Send this --> Our Templates | Harassment & Intimidation Templates | Harassment & Threat of Doorstep-Visit

MBNA CC / SOLD TO MOORGATE & NOW PASSED TO ARDEN - THREAT BY CREDITOR - THREAT O GRAM BEFORE ACTION LETTER SENT.
FURTHER CORRESPONDENCE FROM ARDEN THREATENING LITIGATION BUT ALSO GOING BACK TO MBNA FOR CCA!
WAIT OR THREAT TO LITIGATION LETTER?

As they're also in default you ought to sit tight and await a response regards the CCA.

VIRGIN CC - SOLD TO MOORGATE, PASSED TO ARDEN - NO CCA BACK.
THREAT O GRAM SENT.
THREATENING LITIGATION BUT ALSO TO RETURN TO VIRGIN FOR CCA
WAIT OR THREAT TO LITIGATION LETTER?

Can you clarify, have you sent the CCA Request to MBNA in the past and if so have they responded? If not then they are in default in which case you would adapt this and send it to Arden with a copy of the original CCA Request (including the date you used) --> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

CAPITAL ONE - CCA sent and the Boss said it was UE - Letter received back saying that they have already previously provided me with a CCA (had 2 off them).. and that I have failed to state why I allege that they Agreement is improperly executed pursuant to Section 61(1) of the Consumer Credit Act 1974 ('the Act'). The Agreement was properly executed pursuant to Section 61(1) of the CCA 1974 ('the ACT') in that the Agreement is:
(a) in the prescribed form and contains all the prescribed terms, conforms to the regulations under section 60(1) of the Act and has been signed in the prescribed manner by the Claimant and Defendant;
(b) embodies all the terms of the agreement, other than implied terms; and
(c) when presented to the debtor was in such a state that all its terms were readily legible.

Its ends with the CCA is EN and they will not enter into further correspondence with me regarding the provision of copy agreements. Your agreement is EN and we will continue to treat it as such and the money is due in full.

Letter received today from CAPQUEST DEBT RECOVERY - This correspondence is to inform you that your Capital One a/c has been referred to CAPQUEST to manage your a/c in all matters relating to collection, which may include:

-Personal visits by doorstep collection agency (Will get the tea and biscuits ready)
-Possible litigation.

Goes on to say that they are an experienced team of negotiators here to assist me in finding a plan that will clear your indebtedness (big word for them)without the need for further action.

NO CONTACT WILL MEAN FURTHER ACTION

How to pay:
Lets work together.

Maybe they could take the sofa if the other company wont???? Or at least one of these will come round for tea and biscuits as I am fed up of buying extra in when they threaten to come round but dont bother to turn up!

Send this to CrapQuest --> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Littlewoods / Additions (Shop Direct Finance Company Limited) - Sold to LOWELL Portfolio - Threatening to send to their debt collectors and maybe possible litigation.

Haven't sent anything to these! ?

Send a CCA Request off.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Have you sent this CCA to Niddy?

Are thread crossed...

I havent yet as I didnt know how he was. I have then been on here answering and talking to you about all the companies. I cant copy and send that quick I only have one hand/arm

I will copy shortly. Just wanted to know how he was and if he was okay before I send them.

[Flossy]

Re: Flossy UE Diary & YB Hassle

I keep hoping crapquest will send me a SD but they won't. FP is right though, them and Ist Credit I believe are well known for it. IF you get a SD get on to Niddy and he will help

You can have mine if they send one! :-)

[Flossy]

Re: Flossy UE Diary & YB Hassle

They may not be aware of that fact, DCAs usually get very little information about the accounts they take on, that's what the sold in dispute letter is meant to do, alert them of the fact that the account is UE so they can go chase someone else who hasn't got access to these resources.

I'm not saying they will send one, just that they are well known for using SDs as part of their dirty tactics.

I think I will PM or email Niddy and see what he says about them all and then I can be sure that when I am disputing it all, it all is coacher.

I was just reading about SD and its a Private Detective that issues them giving out the information to how to deal with them and also advertising a well know forum site!

I really need the MBNA and Virgin checking first and then I can deal with them.

Then I will send him the others if I can find a CCA for them and if they haven't sent one I can send out the relevant letter.
If they have I can email Niddy with the CCA and find out if it is EN or UE then again I can send out the relevant letters and be on top of my diary.

I really dont want any nasty SD or anything being issued on me or my health will be a nightmare.. :-(

Lets be positive ... (talking to myself there) ;-)

[jon1965]

Re: Flossy UE Diary & YB Hassle

I keep hoping crapquest will send me a SD but they won't. FP is right though, them and Ist Credit I believe are well known for it. IF you get a SD get on to Niddy and he will help

[Flossy]

Re: Flossy UE Diary & YB Hassle

Originally Posted by Flossy
CAPITAL ONE - Letter received today from CAPQUEST DEBT RECOVERY - This correspondence is to inform you that your Capital One a/c has been referred to CAPQUEST to manage your a/c in all matters relating to collection.
Quote:
Originally Posted by Flossy
Littlewoods / Additions (Shop Direct Finance Company Limited) - Sold to LOWELL Portfolio - Threatening to send to their debt collectors and maybe possible litigation.

Haven't sent anything to these! ?

I would probably send these two a 'sold in dispute' letter if its the first time they contact you. Both Lowell and Capquest are well known for sending Statutory Demands.

How can they send a SD if their is no signed agreement? I believe they are well know for this hence me keep up dating my diary all the time.

I have not had anything checked from Littlewoods, etc but, did someone not say on another one of my threads about Shop Direct being either nearly always EN or mostly never EN? (cant remember which way round)

Maybe I should send these (if they have sent me a CCA) to the Boss along with my new MBNA and Virgin CC?

I haven't seen the Boss around which is quite understandable after what's he has been through. Maybe I should PM him or email to ask if he can have a look for me? I dont want to upset him any further than he has been.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Flossy, the problem with Arden is that they are part of Moorgate they do not talk to each other. In my case I sent the cca request to moorgate along with a letter and an I&E . They passed the letter and I&E to Arden but failed to pass on the CCA request.
Frankly they are a bunch of halfwits.

I also have a Virgin CC which was sold to Moorgate (Mortlake, Britannica Sarl) but they never sent me a CCA. That is until NOW!

This one is set out differently as the app is 2005 and in a different format. The CCA Terms apart from the 1st page (which is the app and the first part of the Terms is a bad photocopy) you can read.... I really do not know if they are correct or EN or not and has no statement attached!

[Flossy]

Re: Flossy UE Diary & YB Hassle

Flossy, the problem with Arden is that they are part of Moorgate they do not talk to each other. In my case I sent the cca request to moorgate along with a letter and an I&E . They passed the letter and I&E to Arden but failed to pass on the CCA request.
Frankly they are a bunch of halfwits.

Hi Jon

I requested the CCA from MBNA just before I got the letter to say that they had been bought by Moorgate(Mortlake, Britannica Sarl).. MBNA sent me the CCA and after that I received letters from Moorgate until I sent them the Missing Terms letter and they passed to Arden.

Okay.. The MBNA CCA is the same application form, etc and the CCA basically is slightly different in the respect that it says CC Agreement on one and the other (recent) says this is a copy of your CC Agreement and the terms are set out slightly differently!!! I need the Boss :niddy to have a look as the first CCA sent was UE .

[jon1965]

Re: Flossy UE Diary & YB Hassle

Flossy, the problem with Arden is that they are part of Moorgate they do not talk to each other. In my case I sent the cca request to moorgate along with a letter and an I&E . They passed the letter and I&E to Arden but failed to pass on the CCA request.
Frankly they are a bunch of halfwits.