Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

I have received a few more catalogue CCA's back. All of them have a similar thing where there is no name or anything on but, needs me to sign and send back! They are completely cheeky and dont deserve to be paid pulling stunts like that.

I also have my MBNA here which I scanned last night and dont like the look of it. This one isnt the highest I have but its high enough. The other MBNA (Virgin) I am praying either doesnt come back or that they cant find the CCA. I wonder if because its Virgin CC that the agreement would be with them or MBNA? (I am probably being blonde again) or in fact it would be separate from them? Either way if that one is enforceable its a LOT of money!

I have also just opened a Cabot letter. I have the envelope and wont look inside in case its for the CC or something bad... Will have to look and will be back shortly to let you know!!!! I will send the Boss my MBNA although that's quite a long CCA

[Flossy]

Re: Flossy UE Diary & YB Hassle

Boss,

Just opened the Cabot letter. Its about my YB/Cabot CC CCA. It says:

We write further to your request for the information under sections 77 and/or 78 of the CCA 1974.

Although Cabot has requested the information, the lender is experiencing a delay in retrieving the information from its archives. Although Cabot has not been able to provide you with this information within the prescribed period, we would still advise that your debt remains legally due.

We are still able to report to the Credit Reference Bureaux regarding the status of your debt and we would recommend you continue your repayment plan with us or alternatively you contact us to make payments towards your account if you do not have a repayment plan arranged.

Thank you for your co-operation and patience in this matter.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Been up since 7:30! Not 3 am like you but there can only be one 'Never-In-Bed' round these parts...

I see you also deserve a star for knowing how to deal with creation . I thought you had given them Niddy's 'creditor special' number!

The Boss was kind enough to change your avatar as soon as I posted it, what's that for service? Bet you don't get that kind of attention anywhere else! Certainly not where they sent you on a Wild Goose chase!

Glad to see you here, all ready for yet more news about your catalogues which are obviously as the cheeky don't bother getting signed agreements!

...and let's keep our fingers crossed for MBNA, they are my all-time favourites!

I didn't even see the Boss up this morning! Glad you managed to get up and hopefully had your hat, gloves, etc on today. I bet its still frosty there today? The sun is shining here! Bloody cold though!

The MBNA doesn't look good to me but will get it checked and see. Will have to thank the Boss for my avatar being posted so quick and if he can get MBNA to be then I will be happy today.

Cabot have a cheek with there letter. I was wondering about them finding it as I took out the CC about 10-15 years ago. If they cant find it then I will be happy (again). Then, I just have Mint, Halifax(Wescot), Virgin (MBNA) and I am done. Its just that the last ones are the highest and make up most of the debt.

I forgot about you and MBNA. I cant remember what happened with yours? (medication this time not being blonde!!!!) LOL

Oh and the court case! I have sent everything I need to and hope that it can be sorted out to stop any CCJ. Im still wondering about the letter that the Boss wrote about the O/D. I haven't heard anything. I a sure that they are muddled up with thinking I was on about the CC instead of the O/D. Still not sure where that stands now! They obviously wont send a CCA but they should be sending some things.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

You never seen me up? Haha

I've been here since 04.20 on Monday morning

MBNA is unenforceable as I told you in the email. Cabot, that letter is for the cc isn't it?

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

Do I get a gold star now for being a good 'dumb blonde' girl????

Only if you can prove you're a natural blonde.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Only if you can prove you're a natural blonde.

CLOGGY

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

Remember no phone contact at all. If they ring just hang up.

Can't she at least blow a raspberry down the 'phone first?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi Boss and everyone Hope everyone is okay today!

Sorry I haven't been on here for a few days as I have been unwell. Thank you for the MBNA!!! (your ace) I am happy now. I was looking at it after you said that it was UE and the opening letter has two ref/account no's that I dont even recognise!

You were probably up as you normally are but I didn't see you and sat on my own posting! Very sad LOL

The letter from Cabot I sent you by email was the overdraft not the CC. The letter at the start of this page is the CC.

So, if they are saying that they do not need to provide a CCA for the O/D and that they are not going to get in to any further correspondence about it. What happens now? Should I just leave it and speak to the solicitor?

Gilly emailed me to ask what I wanted to do about the O/D case, and if I wanted to try and settle or fight it! I really dont know what the best thing to do? I presumed from contact with Paul that it was a poor defence and that I would be better to settle. I dont really know how Cabot work and if they would take it through the courts? I need to read a bit more about them really and other cases. But, it seems that they are normally quick to want to settle it than take the court route!?

Just to update everyone else. Cabot have written to me after I send 'Niddy's Special Letter' re: my YB O/D (the one he forgot that was going through the court lol) and they wrote back saying that "there is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as part V of the CCA does not apply to these types of account. The Customer Assurance Department will not enter in to any further correspondence with you regarding this matter as we have responded to the issues you have raised".

I have also sent off the letters to Grattan Catalogue & EOS as asked.

I have received 3 other catalogue CCA returns which are exactly the same which I will email to the Boss in a bit. I have no problem with these as I know they are UE just looking at them! I just need to know if and what letters I need to send to them next? Is it the same letter as I have done for Grattan or leave it?

That's my update so far. Just waiting for a few more to come back especially YB/Cabot CC CCA!!!!

[Flossy]

Re: Flossy UE Diary & YB Hassle

CC, Your going to get I hope your If not.. You should be you cheeky monkey!

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

Just to update everyone else. Cabot have written to me after I send 'Niddy's Special Letter' re: my YB O/D (the one he forgot that was going through the court lol) and they wrote back saying that "there is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as part V of the CCA does not apply to these types of account. The Customer Assurance Department will not enter in to any further correspondence with you regarding this matter as we have responded to the issues you have raised".

It is unfortunate that they have stated that they will not discuss this matter further, especially since their understanding of the current law seems to be faulty - link 1 and link 2.

Section 74 (1C):

Where an agreement that falls within subsection (1)(b) is an authorised non-business overdraft agreement the following provisions apply—

(a) section 55 (regulations on disclosure of information);
(b) section 55B (assessment of creditworthiness);
(c) section 55C (copy of draft consumer credit agreement);
(d) section 56 (antecedent negotiations);
(e) section 60 (regulations on form and content of agreements);
(f) section 61B (duty to supply copy of overdraft agreement).

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Flossy.

The OD - let solicitor deal from now. Who is gilly?

Instead of opting to settle or fight consider going in with a 50% offer for them to walk. If they say no you'll fight.

That way you're calling their bluff at the highest level but also risk court which, as they've already started action isn't an option so you have nothing to lose by settling if you cannot possibly win in court.

Bear in mind the damage/defence is done. No going back. So if it's wrong it "may" be best to make a cheeky offer (via solicitor).

Have a think but don't think too long

Regards other three catalogues don't send me them as they'll all be the same blank documents so treat them all the same for now and send the same response. If you have 3/4 accounts with same firm ie shop direct/home shopping then do one letter with all accounts relevant to that firm on it so it doubles up etc. only with catalogues though.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

It is unfortunate that they have stated that they will not discuss this matter further, especially since their understanding of the current law seems to be faulty - link

We've already been there CC and told them and we know they're wrong but this is already going through court so it's irrespective especially as the original defence won't mention s.74 let alone VA so it's already passed thus I'm suggesting she deal with the solicitor regards this now as she doesn't want to push it and look bad in court.

Flossy needs to decide what she wants to do with this.

Plus as they've issued a final response she can't go back to them as they can ignore her. It'd mean going formal to regulators but that takes months

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

We've already been there CC and told them and we know they're wrong but this is already going through court so it's irrespective especially as the original defence won't mention s.74 let alone VA so it's already passed thus I'm suggesting she deal with the solicitor regards this now as she doesn't want to push it and look bad in court.

The point was made more for the benefit of other readers.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I just wish she found us BEFORE submitting her defence as the lack of s.74 plays a large part in a possible success. I wonder if she could apply for amended defence? Could be worth asking solicitor?

Thing is their most recent letter is wrong, misleading and bloody annoying filled with shyte and that alone would help her case by proving how bad this dca is.

Hmmm. I'd check it out with solicitor anyway. If it was me of course.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

The point was made more for the benefit of other readers.

In which case I entirely agree. They are wrong, wrong, wrong.

My letter confirmed where, why and how they were wrong. Idiots!!!