Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi everyone and hoping your all okay?

I am still not to well and unsure of if its a stroke or this other thing but, my left side has also lost feeling and only have 2 fingers to type with (or maybe use at people I dont like!! )

Can I just clarify something with the Boss :niddy or IF please?

MBNA and Virgin (MBNA)CC. IF told me to sent the Threat by Creditor - To Commence Litigation.

I dont think I explained that one very well and am now unsure it should be that letter due to the blank bits you have to fill in on the letter. Or it could just be me being thick (again) !!!

MBNA -

I had sent the CCA off on 19 Jan 2012.

I received a letter from MBNA dated 25 Jan saying that the balance was being sold to Britannica Recoveries S.a.r.l - Moortlake on 30 January 2012.

25 Jan 2012 Letter from Moorgate Loan Servicing Limited wrote to me to welcome me(very nice of them! lol) and inform me that my MBNA account had been purchased by Britannica Recoveries S.a.r.l acting in the name of and on behalf of its compartment Mortlake (Britannica - Mortlake)and welcome to Moorgate Loan Servicing Limited who will be administering my credit card account on their behalf. This will take place on 30 January 2012.

MBNA replied to the CCA dated 1 Feb 2012 for my MBNA CC which was said to be UE by the Boss :niddy

7 March 2012 letter from Moorgateasking why I havent made a payment and that my account will now be transferred to their appointed agents, Arden Credit Management.

9 March 2012 letter from Arden saying that they have been instructed by Moorgate to recover the outstanding amount.

Then a few letters (dates very close together) threatening to send representatives to my house, legal action and the full amount is now payable and that I am in breach of this requirement.

FINAL DEMAND


My VIRGIN (MBNA) CC CCA sent at the same as above - NO CCA sent to me.

All the same companies above and threats....

Is it the threat by creditor - to commence litigation letter?

I send to Arden? In dispute with MBNA or Moorgate? ... Sorry for being a bit slow but please bare with me as I am not understanding much at the moment with getting muddled up...

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Well, someone has to keep you busy!

What about the first Cabot CC? That is separate from the solicitor's. Its the overdraft that is with Gilly. Should I respond with something to shut them up? I dont want any court action with Cabot. Again!

Thank you in 2 deep

sorry just seen this, as we've missed this ermmm, best lets see what happens eh?

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Can I just clarify something with the Boss ?

MBNA and Virgin (MBNA)CC.

I send to Arden? In dispute with MBNA or Moorgate? ... Sorry for being a bit slow but please bare with me as I am not understanding much at the moment with getting muddled up...

Hiya

Can you clarify when they last wrote to you? Assuming it was in March then don't worry, but because you've not been around much either some of the updates will cross obviously (not your fault, so don't think I'm moaning - I'm just saying).

Thus can you confirm who sent the last letter and briefly tell me what they said?

[Flossy]

Re: Flossy UE Diary & YB Hassle

sorry just seen this, as we've missed this ermmm, best lets see what happens eh?

Most of the information for MBNA is on the post I sent before and the last letter I got was off Arden on 12 April 2012 which was the FINAL DEMAND - saying if I continue to ignore then they will have to pass to their solicitors.

As for VIRGIN (MBNA) no CCA sent back. Same letters as for MBNA and the last letter was 3 April saying that the present situation is not acceptable and they want the full amount outstanding as shown as I am now currently in breach of this requirement. If I choose to do nothing they will have to take further action which includes a rep sent to my house or legal action.

Thanks Boss. Havent been able to update as I would have also liked but I was in hospital.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I'm still confused. But if you're unsure what to respond with send a holding letter like this ---> Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

As for your MBNA accounts, let me know when someone next writes. As we're so behind with things here responding now may well prove to be too retrospective so see what they do next and then we'll make a point of responding yea?

[Flossy]

Re: Flossy UE Diary & YB Hassle

I'm still confused. But if you're unsure what to respond with send a holding letter like this ---> Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

As for your MBNA accounts, let me know when someone next writes. As we're so behind with things here responding now may well prove to be too retrospective so see what they do next and then we'll make a point of responding yea?

I dont want to leave it as they are now threatening legal action. I will have to go back through all my diary and go from there... I did an up date a few days ago but, obviously confused the issue. I am getting letters off Arden since 9 March, 23 March, 3 April,12 April. each getting further towards Legal action as I have not replied to any of their letters.

You deemed it UE.

Virgin (MBNA) didnt reply to the CCA.

[Deepie]

Re: Flossy UE Diary & YB Hassle

I dont want to leave it as they are now threatening legal action. I will have to go back through all my diary and go from there... I did an up date a few days ago but, obviously confused the issue. I am getting letters off Arden since 9 March, 23 March, 3 April,12 April. each getting further towards Legal action as I have not replied to any of their letters.

You deemed it UE.

Virgin (MBNA) didnt reply to the CCA.

I Would send this then--------->Threat by Creditor - To Commence Litigation

[Flossy]

Re: Flossy UE Diary & YB Hassle

I Would send this then--------->Threat by Creditor - To Commence Litigation

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.

[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!

[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.

[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.

[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."

[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

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 .....".

[Flossy]

Re: Flossy UE Diary & YB Hassle

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

Thank you IF.