Flossy UE Diary & YB Hassle

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Why would I take the piss by saying Yes to a question? Did I offend Flower or anyone by saying Yes to a question asked? I know your having a shit time and I know that everyone works hard to help, but, your comments are not nice and frankly out of order.

Because we had asked several questions that were left unanswered whilst you asked more. I'm not having a shit time, and I most certainly do not take anything out on users. My comments are how I feel, sorry you disagree but that is how I feel about things right now. You must also remember I work 80hrs a week in my normal job, therefore the harder you make your diary the less I will respond. Make it easy and I will be there the same hour, let alone the same day! As I say, you may think what I said was harsh but if you compare this to other diaries you will see that it is very confusing and the fact you answered with yes, led me to ask if you were taking the piss.

Yes, I am feeling ill today and have had a shit day but, I have asked and updated my diary and put it all in to separate posts as I was asked to. I then updated again and I did not get a reply from anyone. Until today when I got the letter.

I am sorry nobody replied but as I am trying to explain, people get confused with your thread so they come in and leave again. I can see viewing history, you cannot and it's clear that this is confusing most - ask anyone that has replied. I think I am the most suitable to make this assumption being I am pretty much able to answer most posts as I do keep up to things but finding a spare hour or two is hard, that is what I was trying to say.

You said the CC was UE but it wasn't like a 100% so, I am worried of course, anyone would be.

Let me come back to you on this - when you resend the agreement and terms yea? Then we'll try and sort it one way or another

You are the one that has been saying that Cabot are quick to jump on you in earlier posts and after what your dealing with yourself you should understand how much I want to avoid any kind of problem and ending up in court. I can not afford to pay for solicitors all the time to help me and I am unable to afford to loose the roof over my head.

But you are paying them each week! I understand what I am saying. You are paying, so don't worry! If they try and enforce then we'll try and stop it. If you're that scared then UE is not for you, there is always risk but never attempt UE unless you already have nothing to lose (ie already at the end of the road). Make sense?

I am not having a go at you, don't think I am. I am however asking you to consider that we cannot follow and help when the thread is in such a state. That's not entirely your fault and I am not saying it is either - but be honest, it's long, there are a lot of debts and a lot of correspondence. Maybe I can learn from this too, so I suggest a compromise?

Can you, if you are able to and have the time, post one post here with a mini update of events to date, so a mini diary summarised into one bigger post? That way I can get right up to date with things and we can start to tackle things head on.

Ultimately you need to establish if you want to pay or carry on with UE - but whatever, you do need to try and stop stressing. If they take action then they will do so and we need to address that at that time. We always reply on them not pursuing things through court but some do. We cannot stop that.

If this terrifies you then maybe UE is not the best option. BR would be but you have houses so that's a no-no. See the dilemma? You're asking us to make the best of a really bad situation.

I am not having a go. Trust me

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Can you, if you are able to and have the time, post one post here with a mini update of events to date, so a mini diary summarised into one bigger post? That way I can get right up to date with things and we can start to tackle things head on.

I asked Jon to do this, see his version here which is purrrrfect

---> Jon1965's Diary - Page 22 - allaboutFORUMS

As an aside, as you must appreciate you deal with your cases only - I also have ones like Jons, above plus another 100+ users so to be fair, I do help - more than most and my memory is only so good - I'm 40 now remember

[PlanB]

Re: Flossy UE Diary & YB Hassle

I've benefitted from the AAD 'Pick & Mix' plan.

I've sorted out the ones which are UE and they get Template Letters as and when. And the ones which are Enforceable are in a home made DMP. Simples

[helmsman]

Re: Flossy UE Diary & YB Hassle

Yes, they normally do and yes they have Morgans. They are at the same address and it is with the litigation team. I have done the letter flower asked and I will do the letter that MrsD mentioned and to try and send tomorrow as I have no way of getting to post anything as you know I cant just go out. I have no carer today now so I will do the letter today and post it at the hospital tomorrow.

Hi,
Cabot have just sacked Morgans from the case against us and have another solicitor to take their case forward. But we have Paul on the case for us and methinks they are running scared. Always send the letters suggested by the helpful team on here keep the paper trail going.
Good Luck Flossy and try not to stress.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Please hold fire, what letters are these?

PT when the CCA came back.

Threat by Creditor -Threat O Gram letter before Action that you suggested I send. I have not sent this letter but was going to tomorrow until you asked to see my CCA again.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

PT when the CCA came back.

Threat by Creditor -Threat O Gram letter before Action that you suggested I send. I have not sent this letter but was going to tomorrow until you asked to see my CCA again.

Can you for now literally send the threat of litigation response that MrsD and I suggested you send. No need for missing PT's at this stage as it's passed that now. We need to concentrate on the actual issue of the legal threat. I'll come back to you regards the CCA later but for now that doesn't affect the sending of the template suggested. No missing PT's, just the threat of litigation template

[Deepie]

Re: Flossy UE Diary & YB Hassle

Here is the link---------> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[Flossy]

Re: Flossy UE Diary & YB Hassle

Can you for now literally send the threat of litigation response that MrsD and I suggested you send. No need for missing PT's at this stage as it's passed that now. We need to concentrate on the actual issue of the legal threat. I'll come back to you regards the CCA later but for now that doesn't affect the sending of the template suggested. No missing PT's, just the threat of litigation template

I have sent the PT letter at the time the CCA came back thats what Flower had asked me9.

Where it says in dispute with ** If I sent to Cabot then I cant put Cabot in DCA space? Then, it goes on about the OC?

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Where it says in dispute with ** If I sent to Cabot then I cant put Cabot in DCA space? Then, it goes on about the OC?

No, I agree. You would add the OC details here. You are in dispute with the OC. See below extract

I write with reference to the above numbered account and note, with regret, that 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; without the need for legal action. Do you need me to point out that this account is formally in dispute with Yorkshire Bank and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974). As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

Notice I deleted some text just after the red addition of YB? Thats what to do....

[Flossy]

Re: Flossy UE Diary & YB Hassle

Grattan Catalogue - £0 balance.

Littlewoods/Very/Additions - Lowell sending letters threatening litigation. Send A/C in dispute but they have ignored that.
- letter back to say they will investigate CCA

EGG/Barclaycard - No PT sent, passed to Credit Solutions then, Power2Contact. They threatened doorstep collection, Harassment letter sent. Credit Solutions threatening litigation.

CAPITAL ONE - (CCA x 2)CapQuest - my account has been put on hold until 2 July while they investigate this matter of CCA.

NEXT - Passed to Moorcroft - PT letter. Passed to MIDAS CREDIT SERVICES - Litigation letter. Waiting response from PT letter. Threatening Litigation

HALIFAX- Passed Moorcroft, passed to Robinson Way - CCA requested, enclosed a copy of all my statements from 2008-2012. A/C on hold until CCA received.
CCA received EN.

MBNA NO 1 - Passed to Moorgate wrote back enclosed NEW CCA dated 8/6/2012 - different to the first CCA received in 1/2/2012 (sent 2 CCA's - both different. 1st one was UE , the 2nd one was EN - Sent PT letter

MINT - Passed to Shoosmiths Solicitors - Asked for CCA 4 times since January 2012, finally received in June 2012, Mint has said its with the Financial Hardship Department.
Cant go for FH due to personal reasons but can ask for payment plan!

VIRGIN CREDIT CARD (MBNA No 2)- Passed to Moorgate wrote to me that they will investigate missing CCA 16/5/2012
Moorgate wrote back enclosed new CCA dated 7/6/2012.

? Yorkshire Bank CC - Sold to CABOT, CCA sent, PT letter sent.
-1 August 2012 Letter from Cabot - Issuing Court Papers in 7 days.
- Re-sent CCA to Niddy, send Threat O Gram tomorrow.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Cool. Ok gimme a few hours to get some tea and chill time. I've been up since 4 so will update this before I go to bed, around 2ish

Thanks.

[jon1965]

Re: Flossy UE Diary & YB Hassle

I'm 40 now remember

Knackers yard next for Niddy

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Grattan - leave this, forget about it - dead

Shop Direct - Leave this, let us know when they reply re CCA

Egg - Respond with this --> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

Capital 1 - Ignore this until they respond, then update us please

Next - Respond with this --> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

Halifax - Blag this, why not? Obviously don't pay and respond with this - see what happens, keep us updated --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

MBNA #1 - This is weird I don't see how they can send two versions of CCA's and more so why I missed this and said one was UE and one was EN. Yea they can remedy a s.78 but they cannot falsify a document if they have previously stated that X is the actual original. It then puts into doubt their claim that agreement Y was actually correct, based on their previously stating agreement X was an original (if any of that makes sense)... hence I would like to see both copies again please with a brief explanation as to why you got two versions etc - please email me one email with the first agreement and terms etc plus the cover letter and the same in another email for the second version. I'll clarify this later once I see documents again, I think this would be UE regardless so want to check - thanks.

Mint - maybe time to accept defeat and consider repayment? First though, please confirm what is the balance on the account? When did it start and when was it defaulted?

MBNA #2 - If not already done, send this --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

Cabot - I'll come back to this later.

I must dash and deal with something extremely important now but the above puts us back in control and I know know exactly where you are with things - please, no messing around, send the templates above to whoever last wrote to you and lets then await replies. Obviously where I requested information, please respond as soon as you can so we can get a full update sorted.

Chat soon

[Flossy]

Re: Flossy UE Diary & YB Hassle

Grattan - leave this, forget about it - dead

Shop Direct - Leave this, let us know when they reply re CCA

Egg - Respond with this --> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

Last letter I sent 14 July 2012 - Threat to commence litigation - -18 July Letter from Credit Solutions - Saying that Credit Solutions take complaints seriously, they do not know of any dispute with their client and CCA, In order for them to raise my dispute with their client they require: If I have/NOT received any documentation since my request was sent?
and: If I have paid the £1 fee? If I have received T&C's then please note that sending this docs fulfills our clients obligation of CCA Act 1974. They go on about me having till 1 August to let them know or a/c will be taken off hold and they refute any allegations of harassment.

Capital 1 - Ignore this until they respond, then update us please

- 7 July 2012 Letter from Capital One. They do not believe that the a/c is in dispute. Regulations about credit card disputes are designed to protect the customers if they have disputed transactions, such as fraudulent purchases. There are no such transactions on your account. I'm afraid an account is not put into dispute simply by claiming there is an ongoing disagreement.... It goes on to say they have legal professionals draft the agreements and monitored to ensure compliance, etc.. Then, rambles on about UE in light with Mr Justice Flax in McGuffick!!!!!! ???

Next - Respond with this --> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

- On Monday (6 August 2012) I had a man on my doorstep who had apparently been hanging around all the week before as my neigbours are very nosey and tell me! When I went to the door he was from Moorcroft and wanted to come in my house... I said NO. I said the a/c was in dispute and to leave. He was saying how nice the area was and looking at my personal things.

Halifax - Blag this, why not? Obviously don't pay and respond with this - see what happens, keep us updated --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

27 July 2012 - Letter off Halifax. As we haven't been able to agree a suitable repayment plan we've transferred your HALFIAX debt to debt collection agency, Moorcroft Group Plc. We've instructed Moorcroft to arrange collection of the outstanding amount. Contact them asap!

MBNA #1 - This is weird I don't see how they can send two versions of CCA's and more so why I missed this and said one was UE and one was EN. Yea they can remedy a s.78 but they cannot falsify a document if they have previously stated that X is the actual original. It then puts into doubt their claim that agreement Y was actually correct, based on their previously stating agreement X was an original (if any of that makes sense)... hence I would like to see both copies again please with a brief explanation as to why you got two versions etc - please email me one email with the first agreement and terms etc plus the cover letter and the same in another email for the second version. I'll clarify this later once I see documents again, I think this would be UE regardless so want to check - thanks.

- Emailed Niddy my CCA. Seems its a recon and BUT, I am going to try and get away with UE.

- Letter off ARDEN received dated 30 July 2012 - We have provided you with copies of CCA. Our position remains outlined in our letter. You are free to take whatever action you deem appropriate, but we will not be releasing you from any obligation. Contact Arden to arrange payments.


Mint - maybe time to accept defeat and consider repayment? First though, please confirm what is the balance on the account? When did it start and when was it defaulted?

Balance on a/c £14,900. CCA said November 2008!!!! (Before September 2004 but this is the first statement I have in this file.. there will be others)- I had a rough time in 2005-6 ish and they got someone on my case for the full amount to be paid and then let me carry on using CC and issued new card with more money on! Defaulted 17 January 2011.

MBNA #2 - If not already done, send this --> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

- Sent CCA to Niddy straight after MBNA 1. Waiting a reply.

Cabot - I'll come back to this later.

I must dash and deal with something extremely important now but the above puts us back in control and I know know exactly where you are with things - please, no messing around, send the templates above to whoever last wrote to you and lets then await replies. Obviously where I requested information, please respond as soon as you can so we can get a full update sorted.

Chat soon

- 3 August 2012 - Further letter from Cabot (3rd in just over a week)- Thank you for your payment. We will continue to charge interest on your a/c until we've agreed a repayment plan with you! The most important thing for you to do now is to get in touch with us.!!!!!!!!????

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi,

Is my diary easy to follow from last page?