Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

If it was me I would see what they do next.........Let us know what they send next..........

Okay, thank you.

I would just like to clarify and update everything so I know where I am up to and if I should be sending the letters I have.

CABOT (Yorkshire Bank CC) - Boss said it was UE after saying CCA was a bit all over the place. I am still paying £1pm to both the Yorkshire Bank and Cabot.

Do I need to still be doing this as its UE? Because it was a bit all over the place I need to be sure to ignore them, etc?

The Next catalogue/Moorcroft Debt Recovery - Next was ignored back in February due to it being UE as they asked me to sign the CCA and return in pre-paid envelope! I didnt send anything back at the time as told. But, then Moorcroft got involved in April and I have sent them

Threat O Gram letter and now they have threatened me again with possible litigation I was told to sent the next Threat to commence litigation letter. But, after being certain the Next was UE at this later date do I send a PT out or just continue to send the legal letter to Moorcroft?

[Deepie]

Re: Flossy UE Diary & YB Hassle

I would really appreciate anyone that can help for the next step?

If it was me I would see what they do next.........Let us know what they send next..........

[Flossy]

Re: Flossy UE Diary & YB Hassle

So, now that Shoosmith Solicitors have written to me several times demanding payment, what can I do from here? Apart from pay them, which I cant do!

I would really appreciate anyone that can help for the next step?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Its the opposite, 100,000,000,000,000% enforceable I'm sorry to say.

So, now that Shoosmith Solicitors have written to me several times demanding payment, what can I do from here? Apart from pay them, which I cant do!

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Im afraid I do not understand CCA's or the dates, online or in person... Or I would have seen it and known it was EN myself. I understand that it must be hard at times having to deal with people who dont understand the things you do straight away but, there are ways of being tactful about these things.

I have learnt something new today and that is a good thing for me and others who are having to explain themselves so thank you.

Basically, if an agreement is newer than April 2007 forget it. s.127 (which we rely on for UE) was repealed meaning we cannot rely on it any more. Also for agreements from 2004 to April 2007 we have to watch out for online applications as the lender can create a recon and use a tick in the box as a signature within the --> Link electronic communications act 2004.

So really, owt before 2004 and we're laughing (or at least we have a chance of fighting UE).

That said, regardless of the above - if they do not terminate/DN correctly then we do have other avenues as well. As I say, each case takes its own merits.

[Flossy]

Re: Flossy UE Diary & YB Hassle

I wasn't being clever

Was just saying that due to the date, even though it looks bad, nothing we can do

Im afraid I do not understand CCA's or the dates, online or in person... Or I would have seen it and known it was EN myself. I understand that it must be hard at times having to deal with people who dont understand the things you do straight away but, there are ways of being tactful about these things.

I have learnt something new today and that is a good thing for me and others who are having to explain themselves so thank you.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

OK Let me just clarify some things.

1)
Send them 'Missing Terms' letter to the Original Lender if they reply or straight away?

* Only if we advise to - it depends on whether it is enforceable or not.

2) If passed to DCA/Solicitor, etc and no CCA or UE CCA
Sent them 'Account In Dispute' Letter?

* depends, sometimes - othertimes you'd send a legal threat

3) If they continue to harass you after sending the above or pass to a new DCA
Send them 'Threat by Creditor - Threat O Gram Before Action' Letter?

* not unless they make a threat. If they don't then you'd send the account sold template.

4) If they still continue to harass
Send them 'Threat by Creditor - To Commence Litigation' Letter?

* No - see me or post here and we'll clarify what to do!

Am I on the right lines here and if so can someone let me know the step after this please? If I am not on the right lines or missed something out, could you fill in the blanks for me please as I am getting confused with it all and obviously do not know what I am talking about....

See red replies within your quote above...

You're almost on right lines, but with UE you cannot generalise, each case has it's own system and merits thus has it's own templates.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Ok Boss.... I get it!

I wasn't being clever

Was just saying that due to the date, even though it looks bad, nothing we can do

[Flossy]

Re: Flossy UE Diary & YB Hassle

OK Let me just clarify some things.

1) Send CCA - wait 14 days, until they send you the CCA it is UE.
Send them 'Missing Terms' letter to the Original Lender if they reply or straight away?

2) If passed to DCA/Solicitor, etc and no CCA or UE CCA
Sent them 'Account In Dispute' Letter?

3) If they continue to harass you after sending the above or pass to a new DCA
Send them 'Threat by Creditor - Threat O Gram Before Action' Letter?

4) If they still continue to harass
Send them 'Threat by Creditor - To Commence Litigation' Letter?

Am I on the right lines here and if so can someone let me know the step after this please? If I am not on the right lines or missed something out, could you fill in the blanks for me please as I am getting confused with it all and obviously do not know what I am talking about....

[Flossy]

Re: Flossy UE Diary & YB Hassle

Rubbish? See the application date.... 2008!

Its the opposite, 100,000,000,000,000% enforceable I'm sorry to say.

My email to you goes as follows

Ok Boss.... I get it!

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Have just sent my CCA from MINT (Shoosmiths Solicitors) to the Boss:niddy

But looks like its rubbish.... :-)

Rubbish? See the application date.... 2008!

Its the opposite, 100,000,000,000,000% enforceable I'm sorry to say.

My email to you goes as follows

Again, this was an online application from 2008 so 100% enforceable I’m afraid.

They are too new thus easy to create a recon based on the fact you applied online, ergo they can put a simple tick in the box, which they have done (electronic comms act 2004).

Sorry.

[Deepie]

Re: Flossy UE Diary & YB Hassle

I2D

I have got the letters off MNBN, Virgin, Egg/Barclaycard and Next to do....

MBNA is confusing as they have merged two when they are separate accounts and one is UE and the other hasn't been sent a CCA. I am getting letters from the companies saying one thing about both accounts and then another letter saying something completely different.
They are basically investigating the missing CCA on one (Virgin)and the

UE (MBNA) while threatening court action on the same letter!!!!!!

I have already sent the Sold philistine In Dispute letter to them both but, haven't replied to the letter mentioned above.

Should I just sent a letter that acknowledges the letter, I await your CCA? Something like that instead of going straight to the next threatening letter?

If it was me I Would just see what they send next and take it from there..........

[Flossy]

Re: Flossy UE Diary & YB Hassle

I2D

I have got the letters off MNBN, Virgin, Egg/Barclaycard and Next to do....

MBNA is confusing as they have merged two when they are separate accounts and one is UE and the other hasn't been sent a CCA. I am getting letters from the companies saying one thing about both accounts and then another letter saying something completely different.
They are basically investigating the missing CCA on one (Virgin)and the

UE (MBNA) while threatening court action on the same letter!!!!!!

I have already sent the Sold In Dispute letter to them both but, haven't replied to the letter mentioned above.

Should I just sent a letter that acknowledges the letter, I await your CCA? Something like that instead of going straight to the next threatening letter?

[Flossy]

Re: Flossy UE Diary & YB Hassle

Have just sent my CCA from MINT (Shoosmiths Solicitors) to the Boss:niddy

But looks like its rubbish.... :-)

[Flossy]

Re: Flossy UE Diary & YB Hassle

Not to me it doesn't........

Good answer I2D....