Flossy UE Diary & YB Hassle

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Originally Posted by Flossy
Does he not have a bed in the cupboard then? Bless him! LOL

Ok... Here goes with MBNA (Virgin) Credit Card debts.

Received two letters today from Arden dated 9 March 2012 - (Wow 8 days to get to me, can tell they are in a rush!!!)

ARDEN CREDIT MANAGEMENT: Exactly the same letters for both accounts.MBNA and MBNA VIRGIN.

"Dear ********

Account Number: *****
Balance £*****

Arden Credit Management has been instructed by Moorgate Loan Servicing to recover an amount outstanding to them. We have assumed responsibility for working with you to repay this amount and therefore all future communication should be with us.

Please call this office immediately on *********** upon receipt of this letter to discuss the repayment of the full balance outstanding. The easiest way to pay is to contact us and make a payment by debit or credit card. Alternatively, you can set up a Standing Order or pay over the counter using the details below; or post a cheque or postal order to the address below.

Please ensure that your Arden Account Number is noted on all non-telephone payments.

Sort Code ***
Account Number ***

If you have any concerns regarding your financial situations, we would recommend that you seek free impartial advice from the Citizens Advice Bureau, or from the Consumer Credit Counselling Service, available on Freephone ****.

Yours sincerely,

*****

Manager
Arden Credit Management

VIGIN MBNA UPDATE - Sent CCA 19 January 2012

VIRGIN MBNA sold my account to Britannica A.a.r.l - Mortlake on 30 January 2012.

The difference with this one is that MBNA did not send a CCA out. They did for the MBNA Account but not for VIRGIN.

7 March 2012 - The same letter as MBNA from MOORGATE informing me that the account was being passed to ARDEN Credit Management.

9 March - Letter from ARDEN - Explaining that they have been instructed by MOORGATE to recover an amount outstanding to them.

23 March 2012 - ARDEN letter " I am very concerned that you have not taken steps to address the outstanding balance referred to in our previous letter.

Failure to come to an acceptable arrangement with us could result in us taking further action on your account.Including, sending someone to my house and / or obtaining a CCJ

3 April 2012 - ARDEN letter

"We are writing to confirm that the present situation of n non-payment on the above account is not acceptable.

The full outstanding balance as shown above is de and payable. You are currently in breach of this requirement and in order to remedy this breach we wish to outline the options available to you, and to us.

Should you do nothing, we may have to take further action to re cover the outstanding sums owed as outlined in our previous letter. We may also initiate legal action".

Take the above, for example.

All you had to do was this.

Ok... Here goes with MBNA (Virgin) Credit Card debts.

3 April 2012 - ARDEN letter

"We are writing to confirm that the present situation of n non-payment on the above account is not acceptable.

The full outstanding balance as shown above is de and payable. You are currently in breach of this requirement and in order to remedy this breach we wish to outline the options available to you, and to us.

Should you do nothing, we may have to take further action to re cover the outstanding sums owed as outlined in our previous letter. We may also initiate legal action".

That's all we need to see.....

I would then respond within minutes as follows:

In this instance, send this back:---> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Your posts are now too long and confusing.

Please cut things down. I'm totally lost.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Thank you IF.

It's not IF - it's in 2 Deep helping here

[Flossy]

Re: Flossy UE Diary & YB Hassle

Originally Posted by Flossy
Does he not have a bed in the cupboard then? Bless him! LOL

Ok... Here goes with MBNA (Virgin) Credit Card debts.

3 April 2012 - ARDEN letter

"We are writing to confirm that the present situation of n non-payment on the above account is not acceptable.

The full outstanding balance as shown above is de and payable. You are currently in breach of this requirement and in order to remedy this breach we wish to outline the options available to you, and to us.

Should you do nothing, we may have to take further action to re cover the outstanding sums owed as outlined in our previous letter. We may also initiate legal action".

[swanfan]

Re: Flossy UE Diary & YB Hassle

23 April - "We refer to our previous letters to you and, as you are aware, we act on behalf of the Bank. Please treat this letter as notice that, unless an agreement is reached with you within 14 days of the date of this letter, we are instructed by the bank to issue a claim in the County Court for recovery .....".

Send them this--> Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation

[Flossy]

Re: Flossy UE Diary & YB Hassle

Ideally yes ....but do not chase them just ignore ........

I got confused with MBNA and MINT....

Mint - since the letter I told you about, I sent the letter the Boss told me to and on the 4th April I received a letter from SHOOSMITHS SOLICITORS.

It says that my account has now been passed to them.

14 April - "We refer to out recent letter to you confirming that we are instructed to act in this matter. We have not been able to contact you by telephone. (They dont know my number!!)

Our client is keen to find a suitable solution to enable you to repay the sums outstanding."

23 April - "We refer to our previous letters to you and, as you are aware, we act on behalf of the Bank. Please treat this letter as notice that, unless an agreement is reached with you within 14 days of the date of this letter, we are instructed by the bank to issue a claim in the County Court for recovery .....".

This one is worrying me even though they are in default for not sending the CCA request!

Does this come under Account in Dispute?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Does he not have a bed in the cupboard then? Bless him! LOL

Ok... Here goes with MBNA / MBNA (Virgin) Credit Card debts.

Received two letters today from Arden dated 9 March 2012 - (Wow 8 days to get to me, can tell they are in a rush!!!)

ARDEN CREDIT MANAGEMENT: Exactly the same letters for both accounts.

"Dear ********

Account Number: *****
Balance £*****

Arden Credit Management has been instructed by Moorgate Loan Servicing to recover an amount outstanding to them. We have assumed responsibility for working with you to repay this amount and therefore all future communication should be with us.

Please call this office immediately on *********** upon receipt of this letter to discuss the repayment of the full balance outstanding. The easiest way to pay is to contact us and make a payment by debit or credit card. Alternatively, you can set up a Standing Order or pay over the counter using the details below; or post a cheque or postal order to the address below.

Please ensure that your Arden Account Number is noted on all non-telephone payments.

Sort Code ***
Account Number ***

If you have any concerns regarding your financial situations, we would recommend that you seek free impartial advice from the Citizens Advice Bureau, or from the Consumer Credit Counselling Service, available on Freephone ****.

Yours sincerely,

*****

Manager
Arden Credit Management

MBNA UPDATE - Sent CCA 19 January 2012

MBNA sold my account to Britannica A.a.r.l - Mortlake on 30 January 2012.

MBNA replied to my CCA that I sent in January just before it was sold and they replied 1 February 2012.

Mortlake wrote to me once to advise they had bought my MBNA account 30 January under the name of Moorgate. So, obviously the same company?

The Boss deemed it UE

Just before the above letter Moorgate wrote to me to say they had not received my payment and that they had transferred my account to their appointed agents ARDEN Credit Management.

23 March 2012 - Letter from ARDEN concerned I have not paid outstanding amount.

3 April 2012 - Letter from ARDEN -

"We are writing to confirm that the present situation of non-payment on the above account is not acceptable.

The full outstanding balance as shown above is due and payable. You are currently in breach of this requirement and in order to remedy this breach we wish to outline the options available to you, and to us.

Monthly Instalments
A lump sum

Should you choose to do nothing, we may have to take further action to recover the outstanding sums owed as outlined in our previous letter; this may include an agent to attend your property or legal action."

12 April 2012 - Their last letter to me and now UP to DATE:

ARDEN - FINAL DEMAND

"I am extremely concerned that despite all of our attempts to contact you and discuss the above account, you persist in refusing to address the outstanding balance.

I must advise you that should you continue to ignore our requests for payment proposals, we will be left with no option but to review your account for further action to be taken. As outlined in our previous correspondence, this may mean a visit to your home or passed to our solicitors to initiate legal proceedings.

We will be reviewing your account in line with the above 7 days from the date of this letter."

That is everything that has happened with MBNA at present.

[Deepie]

Re: Flossy UE Diary & YB Hassle

MINT UPDATE

Since sending this letter as requested by the Boss I have had nothing back from them!

All good but, do I not need them to say it is UE in a letter?

Ideally yes ....but do not chase them just ignore ........

[Flossy]

Re: Flossy UE Diary & YB Hassle

Yes just ignore that for now see what they do next.....

Thank you IF.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Send this back

---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

(remember it is UE until such time they comply with your lawful s.78 request )

MINT UPDATE

Since sending this letter as requested by the Boss I have had nothing back from them!
- MISTAKE... SEE edited notes below!

All good but, do I not need them to say it is UE in a letter?

Mint - since the letter I told you about, I sent the letter the Boss told me to and on the 4th April I received a letter from SHOOSMITHS SOLICITORS.

It says that my account has now been passed to them.

14 April - "We refer to out recent letter to you confirming that we are instructed to act in this matter. We have not been able to contact you by telephone. (They dont know my number!!)

Our client is keen to find a suitable solution to enable you to repay the sums outstanding."

23 April - "We refer to our previous letters to you and, as you are aware, we act on behalf of the Bank. Please treat this letter as notice that, unless an agreement is reached with you within 14 days of the date of this letter, we are instructed by the bank to issue a claim in the County Court for recovery .....".

[Deepie]

Re: Flossy UE Diary & YB Hassle

Hi All,

Up date on Cabot CC... Just want to be sure I am right to ignore this letter?

I am going to go through all the CC debts one by one to keep everything up to date. I will try and keep on top of this daily if I am able. I am not too good as you know but also now starting to loose my left side. It was a stroke but not as bad as some of you on here have had. There is also something else on my brain so having further scans and at hospital tomorrow. I thank you for baring with me and sorry if I get confused or repeat myself.

I know I confused The Boss last time so, I have updated this one first and will do the same with them all. I know there are many people to deal with and remembering everyone isnt easy. Mostly they are only a few pages back and not too much more or many letters since the last time I was active on the site.

This was the last letter I received from Cabot CC debt until 2nd April 2012.

The letter says "I understand that you have questioned the legibility of the credit agreement previously sullied. As a result, we advised you we would attempt to obtain a clearer copy.

We duly contacted the Yorkshire Bank but have now been advised the copy supplied is the best copy they hold. There is no other copy to forward to you.

Notwithstanding, I have reviewed the copy credit agreement in question and note that the relevant details are clearly legible. There is no doubt that it is you name, previous address, other personal details and your signature which appear on this document. I must remind you that at the time of signing and entering into this agreement, the documentation would have been clearly legible.

Cabot Financial (Europe)Limited has complied with your request for this information and we have provided sufficient evidence to justify the existence of this debt and your liability to repay the same. In addition, we have addressed any concerns you have raised. As a result, the Customer Assurance Team will no longer enter into any correspondence with you regarding these matters. Your account will remain with our collections team and I recommended you contact them on ..... in order to discuss the repayment of the same.

I trust we have set out our position clearly."

Yes just ignore that for now see what they do next.....

[Flossy]

Re: Flossy UE Diary & YB Hassle

Next letter - In response to my letter to Cabot dated 24 February 2012 (this CCA was a bit all over the place, see in last post for Cabot CC)

CABOT FINANCIAL IN RESPONSE TO MY LETTER (:niddy LETTER )RE: YB CREDIT CARD ACCOUNT.

DATED 13 MARCH 2012

"I refer to your letter received on 28 February 2012.

I understand that you are in receipt of our response to your request for information under section 77/78 of the Consumer Credit Act 1074 ("CCA") and you are dissatisfied with the same.

I note your reference to section 127(3) of the CCA. From the documentation previously provided, there is no question as to the enforceability of your credit agreement. It clearly complies with the requirements of the CCA and the Consumer Credit (Agreements) Regulations 1983, relevant at the time.

However, I understand you have raised concerns in relation to the legibility of the document provided. I can assure you we have contacted the Yorkshire Bank, the original lender, in order to obtain a further copy of your agreement. Until we are in a position to provide you with the same, your account shall remain on hold.

Notwithstanding, should you intend to challenge the enforceability of your credit agreement, you must apply to the Court to obtain a declaration of enforceability. We would recommend that you seek independent legal advice prior to the commencement of any such proceedings.

Furthermore, your reference to the Office of Fair Trading debt collection guidelines is noted and I can confirm that Cabot Financial (Europe) Limited have at all times adhered to them.

Although , you are waiting information, you are still recommended to contact us to arrange the repayment of your account. For your reference, your outstanding balance is £******.

I trust we have set out our position clearly.

If you have any further queries in relation to the above account, please do not hesitate to contact me on *********. The Customer Assurance Department ".

Any help please?

Hi All,

Up date on Cabot CC... Just want to be sure I am right to ignore this letter?

I am going to go through all the CC debts one by one to keep everything up to date. I will try and keep on top of this daily if I am able. I am not too good as you know but also now starting to loose my left side. It was a stroke but not as bad as some of you on here have had. There is also something else on my brain so having further scans and at hospital tomorrow. I thank you for baring with me and sorry if I get confused or repeat myself.

I know I confused The Boss last time so, I have updated this one first and will do the same with them all. I know there are many people to deal with and remembering everyone isnt easy. Mostly they are only a few pages back and not too much more or many letters since the last time I was active on the site.

This was the last letter I received from Cabot CC debt until 2nd April 2012.

The letter says "I understand that you have questioned the legibility of the credit agreement previously sullied. As a result, we advised you we would attempt to obtain a clearer copy.

We duly contacted the Yorkshire Bank but have now been advised the copy supplied is the best copy they hold. There is no other copy to forward to you.

Notwithstanding, I have reviewed the copy credit agreement in question and note that the relevant details are clearly legible. There is no doubt that it is you name, previous address, other personal details and your signature which appear on this document. I must remind you that at the time of signing and entering into this agreement, the documentation would have been clearly legible.

Cabot Financial (Europe)Limited has complied with your request for this information and we have provided sufficient evidence to justify the existence of this debt and your liability to repay the same. In addition, we have addressed any concerns you have raised. As a result, the Customer Assurance Team will no longer enter into any correspondence with you regarding these matters. Your account will remain with our collections team and I recommended you contact them on ..... in order to discuss the repayment of the same.

I trust we have set out our position clearly."

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

Virgin (MBNA) didnt reply to the CCA.

Then they have made it unenforceable until/unless they deign to comply with your lawful request under s78(1) of the Consumer Credit Act 1974 - link and attached.

[swanfan]

Re: Flossy UE Diary & YB Hassle

IF,

Does the letter go to Arden? If so, can I send for both MBNA CC & Virgin (MBNA) CC together?

The beginning of the letter where it says "I write with reference... you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account..." (Is this not aimed at MBNA to write the letter to?) Then, the letter says "the account is formally in dispute with ....?" Who do I put there? Moorgate or MBNA? letter continues to say "and has been since they, and .....? (Is that MBNA?) failed to acknowledge my CCA"

Thats what I am confused about.

1 letter to 1 account.

It's in dispute with the original creditor, who you CCA'd.

The letter goes to who last wrote to you.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Im sorry for being a pain.. I just cant get my head into gear with this today... Im having a bad day and am very tired.

I did the letter you said IF but got confused with what companies I should put where in the letter.

Sorry!