Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

Flossy I definitely agree with Niddy about asking them to write off your debt due to disability/ill health. Offer them access to a Doctors report, if that's anything like my GP it will cost about £20 to get one.

If that fails then yes it would be a good idea , in my opinion, to set up a token repayment plan £1 per month say.

At the same time you could (if you haven't done so already ) send off the CPUTR letter asking them if they do hold the original . All ammo just in case things go wrong in the future. Have you got the DN's that they issued...are they good or bad?
Not sure if I would rely on any of the above without getting advice first and a lot depends on your health , you know how hard this UE stuff can be

Im sorry but remind me what CPUTR and DN's ???

The debt is UE so really it should be no different to any other UE debt. I was paying £1pm but stopped as I am fighting Unenforceability.

I dont think I can get my debts written off for personal reasons Jon, but I do think I can use the illnesses as I am unable to work and its unlikely to change in the foreseeable future.

Will get on top of the 2 I have posted up yesterday and today and then update the rest of my diary in stages so that I know where I am up to. Its best to get these kind out of the way first as the others can wait for a bit, plus I feel more in control with them at present.

[Flossy]

Re: Flossy UE Diary & YB Hassle

The one above is a specialised final response, asking for compliance with CPUTR - it'll make or break em so lets try that first.

P1 is the best to help with CPUTR as she's the expert - tried and tested

---> PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

But I'd send that and see what cabot want to say in response....

I think that's a good idea... Will do that first and go from there

[jon1965]

Re: Flossy UE Diary & YB Hassle

Flossy I definitely agree with Niddy about asking them to write off your debt due to disability/ill health. Offer them access to a Doctors report, if that's anything like my GP it will cost about £20 to get one.

If that fails then yes it would be a good idea , in my opinion, to set up a token repayment plan £1 per month say.

At the same time you could (if you haven't done so already ) send off the CPUTR letter asking them if they do hold the original . All ammo just in case things go wrong in the future. Have you got the DN's that they issued...are they good or bad?
Not sure if I would rely on any of the above without getting advice first and a lot depends on your health , you know how hard this UE stuff can be

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I was editing the Cabot post while you answered by unedited post. I had put on Final response or mixing up a few of the letters to make a bit of a Niddy Special

The one above is a specialised final response, asking for compliance with CPUTR - it'll make or break em so lets try that first.

P1 is the best to help with CPUTR as she's the expert - tried and tested

---> PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

But I'd send that and see what cabot want to say in response....

[Flossy]

Re: Flossy UE Diary & YB Hassle

Why not send Cabot the following ---> Our Templates | CPUTR (Unenforceability) Templates | Final Response - CPUTR (LiP)

See what they think to that!

I was editing the Cabot post while you answered by unedited post. I had put on Final response or mixing up a few of the letters to make a bit of a Niddy Special

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

UPDATE - YB CC CABOT

Yorkshire Bank CC
Defaulted June 2011
£13k
Bought by Cabot October 2011
Told its Unenforceable
Paying £1pm till September 2012
Received a few letter asking me to pay the 'agreed amount' - No agreement in place and threats of court action.

Needs addressing with either/or/and continued payment £1pm which if definitely UE why pay the £1pm? or/and in the form of a letter but not sure what I should put or how to word correctly, would appreciate some help please?

Why not send Cabot the following ---> Our Templates | CPUTR (Unenforceability) Templates | Final Response - CPUTR (LiP)

See what they think to that!

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Hi Jon and thank you for just replying.

These are the real deal I seem to remember apart from the fact that MBNA 2 sent me 2 different CCA's for the same account! But the CCA's where still EN! I dont know how they can have 2 different CCA's for the same account?

Either way I think I should set up some kind of payment plan and at least try and offer a very small amount with a view to increase it in the future if my health / circumstances change.

I just do not understand how I can have 2 CCA's and I cant seem to find an answer for this?

Maybe I should update the rest of my diary now as I have left it open for a while now for any replies.

The 2 CCA's will be because one was a recon, they've utilised Carey and created one then found the original - that's normal. The original will then supercede the fake/recon whatever.

If you feel making an offer is best then consider doing it, templates are here - see what you think.... ---> allaboutDEBT | Our Templates | General Debt Templates

might be worth trying to ask for write-off based on ill health first, it means they need to play fair as they cannot bully you if you're sick / in financial hardship....

See this ---> Our Templates | General Debt Templates | Ask your Creditor to Write off your Debt

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE - YB CC CABOT

Yorkshire Bank CC
Defaulted June 2011
£13k
Bought by Cabot October 2011
Told its Unenforceable
Paying £1pm till September 2012
Received a few letter asking me to pay the 'agreed amount' - No agreement in place and threats of court action.

- Needs addressing with either/or/and continued payment £1pm which if definitely UE why pay the £1pm?

- Illegibility template as it is in areas of CCA?
- Final response template
- Threat O Gram template

- Or/and in the form of a letter (maybe mix the above around)but not sure what I should put or how to word correctly, would appreciate some help please?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi flossy. Sorry to hear your woes. I can not give you advice just wanted you to know i had read it. This may well be a case that needs Paul. Have you got the DN etc and are they good or bad. Are the agreements originals or recons. Good luck

Hi Jon and thank you for just replying.

These are the real deal I seem to remember apart from the fact that MBNA 2 sent me 2 different CCA's for the same account! But the CCA's where still EN! I dont know how they can have 2 different CCA's for the same account?

Either way I think I should set up some kind of payment plan and at least try and offer a very small amount with a view to increase it in the future if my health / circumstances change.

I just do not understand how I can have 2 CCA's and I cant seem to find an answer for this?

Maybe I should update the rest of my diary now as I have left it open for a while now for any replies.

[jon1965]

Re: Flossy UE Diary & YB Hassle

Hi flossy. Sorry to hear your woes. I can not give you advice just wanted you to know i had read it. This may well be a case that needs Paul. Have you got the DN etc and are they good or bad. Are the agreements originals or recons. Good luck

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE MBNA 1 & 2 Letter before COURT ACTION


MBNA 1(Virgin CC)

MBNA £20k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12
Told it is Enforceable.
Now at Earlswood & Co Solicitors - given 7 days before action.

MBNA 2

MBNA £6k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12 - Further CCA sent by MOORGATE June 12 which is different to the first CCA
Told both are Enforceable.
Now at Earlswood & Co Solicitors - given 7 days before action.

Both accounts have had letters sent as per normal -

PT letter, Threat O Gram, etc. They will not accept any further delay hence being passed to a Solicitor.

Advice needed please?

[jon1965]

Re: Flossy UE Diary & YB Hassle

Flossy , Coop cashminder will take anyone...even me! Not perfect but does DD's S/Os transfers etc just no cheque book

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

You're protected under section 187 of the Social Security Administration Act 1992 and/or Section 45 of the Tax Credits Act 2002 - no they cannot take your benefits.

"The purpose of the Social Security Administration Act 1992 Section 187 and section 45 of the Tax Credits Act 2002 is to prevent people’s benefit money being at risk by it being assigned over to a third party in settlement of a debt. It is not intended to prohibit the application of bank charges. Bank charges are in the nature of an expense, and are incurred by the holder of the account; tax credits and benefits are payable in order to help customers meet their expenses, and as such it is legitimate for banks to deduct charges from the balance of an account held in that bank, whether the money paid into the account comes from tax credits, benefits or other sources, such as earnings."

See this thread for an idea of such occuring ---> http://forums.all-about-debt.co.uk/s...ead.php?t=6656

[Flossy]

Re: Flossy UE Diary & YB Hassle

Ok Flossy

No1 I am very worried that you have debts with your bank, this is never a good idea because they could empty your bank account without warning.

Might not be a bad idea to get another non-connected bank account and get everything paid into that.

If you are not going to blag the MINT anymore with Shoosmiths' I would be using our offer letter
allaboutDEBT | Our Templates | Making Creditor Offers - Monthly Offer Template

and offer your pound a month.

I would never fill in any buggers I&e, no one barring a court can make you.

Mrs D

Thank you for that advice. Sounds very reasonable to me.

I changed my bank account from the YB to Natwest due to the problems with my old bank account and Natwest where one of the only bank that would take me on due to my credit file. I did not think about the fact it was part of the RBS as it was a rush job.

So, are you saying that they will be able to check what comes and goes into the bank account I have? I dont have much but there are some things on there that I dont want them to see. I wonder if I can change to another bank for my personal banking? I also have an account that I use to be paid for my carers, so LCC pay £x amount into my bank account each month and I then pay my carers from that money. Can they touch that account?

Thank you for your reply it is very much appreciated.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

29 August 2012 - As I have mentioned that in the beginning I was paying them £1PM and MINT seemed okay with this and checked on my situation every 6 months. When joining AAD I stopped the payments and sent for the CCA. They would not send the CCA due to signing digitally and asked me to sign my letters. It took 3-4 times of writing to them for the CCA before they involved SHOOSMITHS SOLICITORS, but due to no CCA a number of letters where sent to the Solicitors i.e A/C in dispute, etc. Until finally they sent the CCA which turned out to be

The last I heard was from Mint to say they have not sold my account and my account was with the Financial Hardship Department. That was on 15 May 2012.

Today I have received a letter from SHOOSMITHS threatening that if I do not fill out the attached I&E form and send within 7 days of this letter and come up with a reasonable amount to pay back then they will issue court proceedings without warning.

Okay...

1) Will/Do they go through your bank account details at all? I am with Natwest banking which is part of the RBS (MINT)

2) When I fill out the I&E Form it has a section at the bottom that says OPTION 1 LUMP SUM PAYMENT.
OPTION 2 - MONTHLY PAYMENT. Then an area to sign.. Do I sign my original signature? Due to all the digitally signed things I am wondering whether I should do my signature a bit differently?

I haven't done this before and I would like some guidance please so I can get this form off tomorrow! I do NOT want court papers issuing and further costs to be made.

Can anyone Help me please?

Morning Flossy,

Ok, with this treat is as a normal request and do as they ask, make an offer for the same pound a month as before. Sign the I&E as normal and fill it in the best you can - no they cannot go through your bank account and normally we'd say do not complete such forms however based on this being shoosmiths I would suggest complying....

You can still use the template as directed above by MrsD for the offer - or complete the I&E - it's up to you.

Just sign as normal, don't worry too much about it.