Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi,

Well, today I got a letter today from Cabot about my YB CC CCA request and they have sent the £1 PO back along with a letter that says:

'Thank you for your request for information under the Consumer Credit Act 1974... Cabot Financial currently doesn't haven this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

Please be advised, we do not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act 1974 and we have returned the fee of £1 that you have sent.

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again'.

So, does that mean that they get a further 12 + 2 days?

I also got a letter from Yorkshire Bank saying they are investigating my complaint and will be in touch.(Letter's that where already written before being on here!!! )

Also, I got another £1 PO sent back from EGG saying that Barclaycard has taken over and that I should sent to them. I re-posted on Monday (same day I received there letter) I did address it to Barclaycard and I sent to the address I had from them! So, again does this mean they have a further 12 + 2 days?

I haven't had a call off Gwyn yet. If I dont hear anything from him today I will ring him tomorrow... Cant do much today as I am at a funeral.

Hope everyone is well.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Don't worry about the timescales, AFTER 12+2 days the account becomes unenforceable based on their failings of s.78.

As for the dates, the 12+2 days is classed the day you post the letter. So the fact you sent one on the 5th would mean by 19th, it'd be unenforceable.

Basically, just wait for them to get back to you. That's about all you can do.

Good luck.

* you'll need to ring the solicitor i'm afraid, speak direct.

[Flossy]

Re: Flossy UE Diary & YB Hassle

HI,

Had an email and hopefully sol will call today.

Thanks Niddy for that. Fingers crossed they cant produce anything.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Spoken to Gwyn and sent the information he needs. Will see what he thinks when he has had time to look over things.

Just curious about the CCA and the overdraft with YB. Cabot send a letter as I have said about them not having the info and that they have re-directed back to YB but, no letter about the overdraft. Not sure where I stand with that as its in the process of the courts!

[Flossy]

Re: Flossy UE Diary & YB Hassle

Next case today.

I received a letter from Wescot as they are the ones who are dealing with my Halifax CC.

I sent the CCA request to Wescot. They have written to me today saying that:

We refer to your recent letter requesting a copy of the credit agreement for the above account, pursuant to the Consumer Credit Act.

We are not the creditor for this account but instructed on behalf of the above client. In the circumstances, we are returning your Postal Order which was made payable to Wescot Credit Services as this needs to be made payable to Halifax Credit Card. You can either send your request direct to our client or resend it to us and we will then forward it to them.

In the meantime, you will need to make arrangements to pay the account. We shall place the account on hold for 28 days to enable you to agree a repayment arrangement.

Yours sincerely,

Ms C Precious
On Behalf of Wescot Credit Services Ltd.

So, again does that mean that I will have to send the request to Halifax and wait a further 14 days from sending it again tomorrow?

This is the second one now thats happened to me.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Next case today.

I received a letter from Wescot as they are the ones who are dealing with my Halifax CC.

I sent the CCA request to Wescot. They have written to me today saying that:

We refer to your recent letter requesting a copy of the credit agreement for the above account, pursuant to the Consumer Credit Act.

We are not the creditor for this account but instructed on behalf of the above client. In the circumstances, we are returning your Postal Order which was made payable to Wescot Credit Services as this needs to be made payable to Halifax Credit Card. You can either send your request direct to our client or resend it to us and we will then forward it to them.

In the meantime, you will need to make arrangements to pay the account. We shall place the account on hold for 28 days to enable you to agree a repayment arrangement.

Yours sincerely,

Ms C Precious
On Behalf of Wescot Credit Services Ltd.

So, again does that mean that I will have to send the request to Halifax and wait a further 14 days from sending it again tomorrow?

This is the second one now thats happened to me.

It is their responsibility so, you send the Cheque and original letter plus a copy of their reply with one of these, back at em: ---> Our Templates | Unenforceability Templates | DCA Refusal to Accept CCA Request

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi,

Here comes another 'delay' with MBNA and MBAN (Virgin) Credit Cards.

As you are aware I have sent out numerous CCA requester letters to all my Creditors. MBNA CCA request sent on 19th January (need to just check but I have one down as sent on 19th and one sent 21st) I have the receipts to check shortly. Either way they are coming up to their time for the CCA request to be sent and have sold this debt as soon as possible after I sent the request!

I have sent the letter to Cabot (Great letter Niddy, thanks).

Here is what MBNA has to say: DATED 25th JANUARY 2012.

Your outstanding balance is being sold to Britannica Recoveries S.a.r.l.-Mortlake
We're writing to let you know that the outstanding balance on your MBNA credit card has been purchased by Britannica Recoveries S.a.r.l.-Mortlake, and will be administered on their behalf by Moorgate Loan Servicing Limited. This transfer will take place on 30 January 2012.

You should continue to make payments
Please see the enclosed letter from Moorgate Loan Servicing Limited which confirms your new account number together with details of how to make future payments and who to contact in relation to your account.

We're providing relevant information
Included with this letter area number of Frequently Asked Questions, which provide further information about what this sales means to you. If you've previously notified us that you've appointed a third party to manage your account, we'll ensure that all the relevant details are passed over to Britannica Recoveries S.a.r.l - Moorgate

LETTER DATED 25TH JANUARY 2012 FROM MOORGATE:

Welcome to Moorgate Loan Services Limited

I am writing to inform you that the outstanding balance on your MBNA credit card has been purchased by Britannica Recoveries S.a.r.l. acting in the name and on behalf of its compartment Mortlake (Britannica-Moortlake) and to welcome you to Moorgate Loan Servicing Limited who will be administrating your credit card account on their behalf. This transfer will take place on 30 January 2012.

The transfer assigns all of MBNA's rights in relation to the outstanding balance under the above MBNA referenced account to Britannica-Moortlake. Your legal rights will not be affected by this transfer.

We have allocated a new account number (shown above) which you should use after 30 January 2012 in all future contact with us.

Goes on about payment details and their bank details.......

Data Protection
Under the Date Protection Act 1998 Britannica - Moortlake will now be a Data Controller of the personal information they hold in relation to your credit card account. They will continue to use your personal information for the same purposes as previously notified to you by MBNA.

Opening hours ...........blah blah

Same letter for the other MBNA - Virgin CC

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi FP,

I will let you share mine if you like? I dont want you feeling left out....

I havent forgot the things to send you.. I havent been online for a few days with my health being bad... I will do now. Need a coffee (suggest you get one too) x

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Regards your post on bobo's thread - copy below.

You sent the request and have proof. Thus they must respond or they're in default of your s.78 request and cannot enforce anything. You actually sent the request at the perfect time

However mbna will no doubt respond to your request - maybe not for a while mind

Just sit tight. See what happens.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Wow! Nice letter. Im sure we can have some fun with this. I cant wait for a reply

Thanks Niddy your a star!

I am wondering what will happen with this one as this is the one they are taking to court!

Sending off A.S.A.P 1st class recorded.

Is it the OD they're going to court with?

Oh well I wish I remembered that beforehand - ooops

[Flossy]

Re: Flossy UE Diary & YB Hassle

I posted this on the site you directed me to FP just to add to it with other questions. I know what you have said and I am sure that Niddy will say the same that it was/is up to MBNA to send the CCA request and as they haven't done (yet) then it is them that are in default.

Its just that mine is right on the edge with the timing of selling the debt on and the CCA requests being only a day or few away! A bit annoying really!

Hi,

As pointed out by FP on my own diary (thanks FP) MBNA are selling everything off as they are moving out of the UK market.

I have the same as PIP. My MBNA & MBNA (Virgin) accounts have been sold on to Moorgate without NOA. Just letters saying its been sold and obviously giving a new a/c number as they always do.

My problem (or maybe not a problem?) is that I sent my CCA for these accounts on 19th January & 21st January and haven't heard anything back from MBNA apart from a letter dated 25th January (and letter from Moorgate saying the same) saying Moorgate are the new owners from 30th January.

So, with the above in mind, do this mean that MBNA will just not bother sending the CCA? (probably haven't got one anyway) and now as per the earlier debate, wait till Moorgate contacts me or do I push for the CCA so the accounts can be closed by MBNA?

I hope this makes sense?

I have posted on my diary anyway and will await instructions from Mr Niddy. Im just curious now as obviously the 12+2 days is up tomorrow and Saturday!

Oh DOH cant put the box round the text!!!! But, you get what I have done...

[Flossy]

Re: Flossy UE Diary & YB Hassle

YEHHHH I have put the box round!!! Im so blonde!!!!

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I've replied on both threads

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Im so blonde!!!!

[Flossy]

Re: Flossy UE Diary & YB Hassle

Is it the OD they're going to court with?

Oh well I wish I remembered that beforehand - ooops [IMGL][/IMGL]

Thanks Niddy for your reassurance of my letter in the court case