Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

Yipppeeee... Thanks Niddy! You owed me that!

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

PlanB.. Do not send that letter to a DCA/Solicitor in any sort of court case!

good idea

Seriously though it'll be fine. It's not insultive just strong *ahem*

[pompeyfaith]

Re: Flossy UE Diary & YB Hassle

Flossy,

A big well done from me, Hell I am welling up in tears here seeing this changed member.

I am chuffed really am, see a few of us join together and results start to come just stay with it and keep us updated then you will stay on the right road.

Regards

[Flossy]

Re: Flossy UE Diary & YB Hassle

You've all done yourselves proud and it also makes me well up... Yes, I am a lot different than when I first joined and was very apprehensive due to previous dealings with another forum but, like I said you have all proved me wrong and helped me so much. I know I have a long way to go and its just the beginning but a good start and a more confident person. I know the advice has been good and even when being told off by Niddy was all for my benefit. Things look very different and I know I am beating these companies due to the help.

But I bet your jealous of my big gold star aren't you?x

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I never told you off. I was firm, but I had to be to ensure the emphasis was on trust.

If I didn't care then I'd not get stroppy, think about it. I'd just ignore the thread

Well done. You've passed the first hurdle - now keep it going. Remember no phone contact at all. If they ring just hang up. Simples.

Keep us updated. All the best with your health progress - happy to see they're listening at last.

[Flossy]

Re: Flossy UE Diary & YB Hassle

You told me off in a nice way.....

Hope everyone is well today and that everyone had a good nights sleep (unlike me) and probably Niddy...

Well, the latest news today.

I received 5 letters in the post and was wondering if any where going to be my CCA requests or maybe a court letter or Cabot replying to 'Niddy's special forgot it was the court case letter' (Gwyn did also call to ask about the case and I said I haven't heard anything after a NIDDY SPECIAL LETTER!!!!) More on this shortly ...

Next of my creditors is MINT

It was a returned CCA letter from Mint saying that they will not process my CCA unless I sign the letter. They have sent the my original CCA letter and PO for £1 and one paragraph that says:

"s78 request received, however, this has been returned to you as we require your signature before we can proceed. Please sign your request for the information and return to the address shown on the right hand side of the letter".

The CCA request was send on the 21st January.

Mint have stamped the letter that they received on the 23rd January.

It has been 12 days today and obviously the 14 days is up on Saturday!

[pompeyfaith]

Re: Flossy UE Diary & YB Hassle

Flossy,

This is the template to use when the creditor is playing hardball over a signature.

Send this to them

http://www.all-about-debt.co.uk/temp...lity/s1-t4.php

It will remain unenforceable on Saturday until they comply with your lawful request.

Regards

POP lol

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi POP

I think I had to do that letter for the others that wouldn't comply due to one thing or another. Is this the next standard letter you send when creditors send your CCA back?

If they then reply with a copy of the original CCA, say on Monday (2 days after the 14 days) that makes the debt enforceable even if it is sent outside the time allowed? Or am I being blonde again?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Sorry.. didn't read the letter you sent a link to.. OKay I see its for the signature.. DOH! I really need to sleep...

[Flossy]

Re: Flossy UE Diary & YB Hassle

Right... So, send another letter, this time for signatures and wait. Got that, FP

Can I move on to the next one now?

Okay.. This is back to Barclaycard / Egg.(Is in my diary with their last reply)

I sent the CCA 19th January.

They sent it back saying that I had to send to a different address!

They have now sent a letter today (time up on the 12+2 days) Think I'm obsessed by the timescale

Its says:

We acknowledge receipt of your request for information under Section 78 of the Consumer Credit Act 1974 dated 19/01/12.

We are dealing with your request and will respond as soon as possible.

[Deepie]

Re: Flossy UE Diary & YB Hassle

Right... So, send another letter, this time for signatures and wait. Got that, FP

Can I move on to the next one now?

Okay.. This is back to Barclaycard / Egg.(Is in my diary with their last reply)

I sent the CCA 19th January.

They sent it back saying that I had to send to a different address!

They have now sent a letter today (time up on the 12+2 days) Think I'm obsessed by the timescale

Its says:

We acknowledge receipt of your request for information under Section 78 of the Consumer Credit Act 1974 dated 19/01/12.

We are dealing with your request and will respond as soon as possible.

just ignore ...sit & wait

[pompeyfaith]

Re: Flossy UE Diary & YB Hassle

Flossy,

This one nothing more you can do for now, the ball is in there court and they are now in default of your request it remains unenforceable until they comply with an agreement that is legit which of course niddy will tell you if and when it arrives.

Regards

[Flossy]

Re: Flossy UE Diary & YB Hassle

In 2 Deep and POP.

Ok... Next ... I know there are a lot and I know your dying for me to talk about my court case with Cabot and Niddy's letter.... but I'm still waiting for them to write back (think they are preparing to me) and the latest news about the court case is:

I got a call from Gwyn earlier and he asked me about the court case and what was happening????????

I ran through everything that has happened and dates, etc and said that I had sent him everything he had asked for a few weeks or so ago. Apparently, someone else is going to take the case on but I have no idea who or when. I did say that I had sent a CCA to Cabot for both the YB O/D and CC account as he had originally told me to do the first time I spoke with him which Niddy, etc later reiterated. He went on to say that CCA are not normally required for O/D accounts. I told him what had happened and that they had sent back a letter saying the same thing and that Niddy had done a very special letter for me to send back to them even Gwyn laughed!

So, that's that. 30 days has passed since the defence went and was due in by. I have no idea what happens now?

The next letter is a catalogue CCA reply ... It just needs me to send to Niddy to check but, as there are no names, address, signature or anything I would probably suggest its UE but, I will do that tomorrow Niddy to just check as you are the expert and not me (I'm just blonde and have a big gold star for being good)

I'm far too tired and need to rest up tonight.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Hi

Gwyn is indeed correct; as was what I said in both my posts here and the letter - you're not asking for an agreement; you're asking for their legal requirement which is a copy of the facilities given with statements, to be sent annually.

Bottom line - the base of the letter suggests what you're asking for but it ain't no agreement

Paul actually suggested similar regards a different case thus Gwyn will be used to the s.74 argument

See what happens yea? Did Gwyn say Andrew was taking the case?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Niddy & Co,

I got a call from a woman called Gilly yesterday who is now taking the case! She asked me for all of the information on the case to which I have already supplied to Paul and Gwyn (most of info was to Gwyn). I re sent the info apart from a few recent letters which I will send to her this weekend. Gilly said she is very busy and probably will not contact me till next Friday!

I am concerned (probably more inquisitive(?) about a few things - brief history & update

1. Court papers dated 2nd Dec 2011, Defence sent back to court 3rd Jan 2012 (latest date for defence 4th Jan) - not a good defence as we know due to the help at the time), court acknowledged defence 3rd Jan.
19th Jan 2012 sent CCA request, Cabot letter back to me dated 25th Jan (as posted above) that they do not need to send CCA request to me, 27th Jan 'Niddy Special' letter was sent to Cabot.
In the meantime I received a letter from Yorkshire Bank (Clydesdale) 23 Jan after sending them 2 letters of complaint of treating me unfairly due to them selling the debt while having a written agreement with them and charges made to my a/c. Letters dated 19th Dec 2011, 24th Dec 2011 (done by the previous unhelpful idiot who did my defence)
The letter basically says they have investigated my complaint and they have found that they have behaved correctly and followed the OFT 27 July 2007 and they are satisfied that the bank charges put on my account were properly charged and that they treated me fairly, etc, etc....

Personally I feel that a further letter should go to the YB and something done due to the treatment I have received from them. They knew I was very ill (which they acknowledge in many letters) and I did every by the book until Feb/March 2011 when I could no longer keep up payments both on my bank O/D and CC. Maybe this can be looked into by the solicitor?

2. I dont understand the court system. They say that the claimant may contact you directly to solve the dispute, if the dispute can not be resolved the claimant will contact the court. - They have not done this?
The claimant must contact the court within 28 days after receiving my defence after that time the claim will be stayed? The only action the claimant can take will be to apply to the judge for an order lifting the stay?

So, the time has already elapsed and they haven't contacted the court so, I presume that means the claim is stayed?

Can you please explain this to me? I am thinking that Cabot have not bothered and the claim is now stayed, meaning they either are not going to bother or they will then have to apply to the court again which seems unlikely due to there attitude of this case? Maybe I have thrown them off track with the CCA and things as yesterday I received a letter that had me baffled for a while...

Cabot sent a letter dated 1 Feb 2012 -

Our Response to your correspondence

I refer to your letter received on 23 January 2012.

I understand that you have made a request for information pertaining to your account under section 77/78 of the Consumer Credit Act 1974 ("CCA").

Upon reviewing our records, Cabot Financial (Europe) Limited ("Cabot") has previously received a similar request from you, received on 23 January 2012. I refer to our letter dated 23 January 2012 in response.

Please be assured, we have contacted Yorkshire Bank to obtain the relevant documentation to comply with your request, and upon receipt, this will be forwarded to you.

I have therefore returned your £1.00 fee, which you will find enclosed with this letter.

I trust I 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 is open from ******.

Yours sincerely

*********

So, is this for the CC? (I eventually saw the Cabot ref hidden in the right hand corner of the letter. I had a letter from them already the same with the £1 back and referring to my CC account!

So, there letter dated 23 Jan 2012 say they will send this info within 12 days... CCA request sent 19th Jan 2012, which has now elapsed. Cabot does not seem to know whats happening with both accounts and are getting confused by this!

Flossy.

I also have responses from Barclaycard, Capital One (after Niddy said it was UE, sent 2nd letter, they have responded) and 3 catalogues. Will answer the Cabot first then post up C.One, etc etc...