Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi Flower and everyone today and hope your all well

Thank you for that FP. Mine are a real pain in the bum, and NDR must go through a forest in a week with their letters and that's just to me!

I have been going through everything at the weekend working out where I am up to with it all, and if I have replied to everyone I should have.

I sent Gilly an email just to see where we are up to.

I haven't sent anything to Next after they sent my UE CCA, not sure if I should have sent a letter?

Strange that I got my MBNA CCA back and not my Virgin (MBNA)! Maybe that's will arrive in about 4 years. After reading the threads about MBNA not bothering to send CCA back for years is crazy! They dont achieve anything from doing that. Idiots!

Creation, I am getting sick of although their calls have stopped for 1 whole day!

There is just one outstanding CCA - Halifax / Wescot, who wont accept my CCA letter and Postal Order due to Wescot saying that they are not the creditor for the Halifax account!
I have written to them twice and even though I was given a Debt Number, payments needed to be made to Wescot, they are saying that they are just "instructed on behalf of the client"?
They have given me 28 days to make payments to the account.

I must say that is very kind of them

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

There is just one outstanding CCA - Halifax / Wescot, who wont accept my CCA letter and Postal Order due to Wescot saying that they are not the creditor for the Halifax account!
I have written to them twice and even though I was given a Debt Number, payments needed to be made to Wescot, they are saying that they are just "instructed on behalf of the client"?
They have given me 28 days to make payments to the account.

I must say that is very kind of them

In that case, why don't you send the CCA request to the Halifax and refer WorstScot to the reply in the 1971 case of Arkell v Pressdram?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi CC,

I didn't know anything about doing that. The Boss :niddy just said to leave for now but, that was a bit ago.

I could do that. They did say in their letter that I should address the postal order to the Halifax and then either sent to them (Wescot)so they could pass it on , or directly to the Halifax!

But, I just thought from picking things up here that if they are the DCA then they should accept responsibility for the CCA and not just for taking money, etc..

Will have a look at the link in a bit.

Cheers CC 'Mr Naughty'

[Flossy]

Re: Flossy UE Diary & YB Hassle

In that case, why don't you send the CCA request to the Halifax and refer WorstScot to the reply in the 1971 case of Arkell v Pressdram?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi,

I have had a call from Gilly the solicitor and she thinks I should settle the YB/Cabot O/D. It seems that it is not worth fighting for with the bad defence that was given to me. I know we knew this quite some time ago now. Gilly thinks I should offer a very low amount of under 1/4 which is what I would of done if I was doing a F&F alone anyway. If I let the solicitors deal with it then it would be them negotiating, debt taken off my credit file (not that that will matter much with the state of it)and to bring my health, not being able to work in the foreseeable future etc in to it all. So, I presume that this is what I will have to do and hopefully the payment for the solicitor will be covered by the low amount I have to pay for the debt!??!

I have looked at my credit file today for the first time in a long time. Cabot have put that I was defaulted with my O/D last year in June when I have never been sent anything to say they have defaulted me. Closed account section 99 of CCA??? Also the amount is under by about £0.07! !!!!

Still no reply from Cabot re: my CC account being UE.
No reply from Mint either as yet.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Regards overdraft - I am inclined to agree, if the solicitor says make an offer I strongly suggest you do this.....

Trust Gilly and please keep us posted

[CleverClogs (RIP)]

Re: Flossy UE Diary & YB Hassle

I have looked at my credit file today for the first time in a long time. Cabot have put that I was defaulted with my O/D last year in June when I have never been sent anything to say they have defaulted me. Closed account section 99 of CCA??? Also the amount is under by about £0.07! !!!!

When one considers that section 99 of the Consumer Credit Act 1974 (link) is concerned with the right to terminate hire purchase agreements, one might wonder about the accuracy of the Perry Mason Bumper Big Law Annual that Cabot seem to use.

[Flossy]

Re: Flossy UE Diary & YB Hassle

HI,

CC, what do you think about the Cabot on my credit file being delinquent?

Boss, I have just got my letter back again from MINT. Guess what it says?

"Thank you for your letter, in which you have made a request for documents under the Consumer Credit Act.

I am unable to deal with your request due to, (ticked as appropriate)

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

??????????????????? They are now doing my head in!

[swanfan]

Re: Flossy UE Diary & YB Hassle

"Thank you for your letter, in which you have made a request for documents under the Consumer Credit Act.

I am unable to deal with your request due to, (ticked as appropriate)

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

??????????????????? They are now doing my head in!

Send this back to them--> Our Templates | Unenforceability Templates | Signature Request by Creditor/DCA

[Flossy]

Re: Flossy UE Diary & YB Hassle

Swanfan,

Thank you for your response and Hi . I have sent 3 letters to Mint and the one you have highlighted was the second letter sent to Mint on 6 Feb 2012! I then sent this: (as requested by the Boss:niddy)

Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

I have no idea why they are being so adamant about my signature as it seems that no one else has had this problem! It maybe a good sign that they are trying to get my signature to copy and paste... Either way I refuse to sign the letter.

[swanfan]

Re: Flossy UE Diary & YB Hassle

Ok, i'd wait and see what niddy suggests to do next. They're in default of the CCA request so they are slightly fooked if they attempt any further action.

[Flossy]

Re: Flossy UE Diary & YB Hassle

The next one: I received letter from MBNA / MOORGATE. (There are 2 accounts with MBNA. MBNA and VIRIN (MBNA).

I have been dealing with the MBNA one as they replied to my CCA letter which, was deemed by the Boos.

There is a thread dedicated to MNBA? I think due to them selling all their accounts on to various DCA companies. Mine was sold on to Britannica Recoveries S.a.r.l - Mortlake. MOORGATE loan servicing.

They wrote to me on the 25 Jan 2012 welcoming me!!! (I was very happy obviously!!!)

I also received a letter from MBNA dated the same, letting me know they have sold my account. At this point I had already requested a copy of my CCA.

1 Feb 2012 I received the CCA from MBNA which, as said about the Boss deemed it

A letter was sent to them with this information of it being UE.

The letter I have just received from Moorgate dated 7 Match 2012, shows the balance and starts off with:

"We have not received the required payment on your account.

Your account will now be transferred to our appointed agents. Arden Credit Management, who will contact you to discuss repayment of the outstanding balance.

To make an immediate payment towards your account, please call Arden Credit Management today on *********. Alternatively, please use the details below to make a payment via your bank.

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

Sort Code **
A/C ***

If you have any concerns regarding your financial situation, 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

*****
Manager
Servicing Department

Moorgate Loan Servicing Limited for and on behalf of Britannica Mortlake"

[Flossy]

Re: Flossy UE Diary & YB Hassle

Ok, i'd wait and see what niddy suggests to do next. They're in default of the CCA request so they are slightly fooked if they attempt any further action.

That's what I thought. They are very quick to pass to another DCA!

I will see what the Boss says and go from there but, I dont think there is much more to really say until they pass it over or try court action. I have not been in this position before. None of the others have been like this one.

Thank Swanfan

[Flossy]

Re: Flossy UE Diary & YB Hassle

OK. Next:

VIRGIN (MBNA) Account.

I did exactly the same as with the MBNA letter requesting a CCA on the same date. I have not had anything back from then with regards to the CCA.

I got the same letter from MBNA about taking over my account and the same letter from MBNA (virgin) that they have sold my account to Moorgate, etc.

I received a letter from Moorgate on the same day and dated the same (7 March 2012)saying the same thing as above.

The only difference is that they have not replied to my CCA request.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Ok, i'd wait and see what niddy suggests to do next. They're in default of the CCA request so they are slightly fooked if they attempt any further action.

This is the thread dedicated to MBNA selling accounts ---> What to do when your account is Assigned? - allaboutFORUMS
Mine is yet to be sold!

Hi FP

Thanks for the link.. Knew there was something!