Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

UPDATE - YB CC CABOT

Yorkshire Bank CC
Defaulted June 2011
£13k
Bought by Cabot October 2011
Told its Unenforceable
Paying £1pm till September 2012
Received a few letter asking me to pay the 'agreed amount' - No agreement in place and threats of court action.

- Needs addressing with either/or/and continued payment £1pm which if definitely UE why pay the £1pm?

- Illegibility template as it is in areas of CCA?
- Final response template
- Threat O Gram template

- Or/and in the form of a letter (maybe mix the above around)but not sure what I should put or how to word correctly, would appreciate some help please?

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Hi Jon and thank you for just replying.

These are the real deal I seem to remember apart from the fact that MBNA 2 sent me 2 different CCA's for the same account! But the CCA's where still EN! I dont know how they can have 2 different CCA's for the same account?

Either way I think I should set up some kind of payment plan and at least try and offer a very small amount with a view to increase it in the future if my health / circumstances change.

I just do not understand how I can have 2 CCA's and I cant seem to find an answer for this?

Maybe I should update the rest of my diary now as I have left it open for a while now for any replies.

The 2 CCA's will be because one was a recon, they've utilised Carey and created one then found the original - that's normal. The original will then supercede the fake/recon whatever.

If you feel making an offer is best then consider doing it, templates are here - see what you think.... ---> allaboutDEBT | Our Templates | General Debt Templates

might be worth trying to ask for write-off based on ill health first, it means they need to play fair as they cannot bully you if you're sick / in financial hardship....

See this ---> Our Templates | General Debt Templates | Ask your Creditor to Write off your Debt

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

UPDATE - YB CC CABOT

Yorkshire Bank CC
Defaulted June 2011
£13k
Bought by Cabot October 2011
Told its Unenforceable
Paying £1pm till September 2012
Received a few letter asking me to pay the 'agreed amount' - No agreement in place and threats of court action.

Needs addressing with either/or/and continued payment £1pm which if definitely UE why pay the £1pm? or/and in the form of a letter but not sure what I should put or how to word correctly, would appreciate some help please?

Why not send Cabot the following ---> Our Templates | CPUTR (Unenforceability) Templates | Final Response - CPUTR (LiP)

See what they think to that!

[Flossy]

Re: Flossy UE Diary & YB Hassle

Why not send Cabot the following ---> Our Templates | CPUTR (Unenforceability) Templates | Final Response - CPUTR (LiP)

See what they think to that!

I was editing the Cabot post while you answered by unedited post. I had put on Final response or mixing up a few of the letters to make a bit of a Niddy Special

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I was editing the Cabot post while you answered by unedited post. I had put on Final response or mixing up a few of the letters to make a bit of a Niddy Special

The one above is a specialised final response, asking for compliance with CPUTR - it'll make or break em so lets try that first.

P1 is the best to help with CPUTR as she's the expert - tried and tested

---> PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

But I'd send that and see what cabot want to say in response....

[jon1965]

Re: Flossy UE Diary & YB Hassle

Flossy I definitely agree with Niddy about asking them to write off your debt due to disability/ill health. Offer them access to a Doctors report, if that's anything like my GP it will cost about £20 to get one.

If that fails then yes it would be a good idea , in my opinion, to set up a token repayment plan £1 per month say.

At the same time you could (if you haven't done so already ) send off the CPUTR letter asking them if they do hold the original . All ammo just in case things go wrong in the future. Have you got the DN's that they issued...are they good or bad?
Not sure if I would rely on any of the above without getting advice first and a lot depends on your health , you know how hard this UE stuff can be

[Flossy]

Re: Flossy UE Diary & YB Hassle

The one above is a specialised final response, asking for compliance with CPUTR - it'll make or break em so lets try that first.

P1 is the best to help with CPUTR as she's the expert - tried and tested

---> PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

But I'd send that and see what cabot want to say in response....

I think that's a good idea... Will do that first and go from there

[Flossy]

Re: Flossy UE Diary & YB Hassle

Flossy I definitely agree with Niddy about asking them to write off your debt due to disability/ill health. Offer them access to a Doctors report, if that's anything like my GP it will cost about £20 to get one.

If that fails then yes it would be a good idea , in my opinion, to set up a token repayment plan £1 per month say.

At the same time you could (if you haven't done so already ) send off the CPUTR letter asking them if they do hold the original . All ammo just in case things go wrong in the future. Have you got the DN's that they issued...are they good or bad?
Not sure if I would rely on any of the above without getting advice first and a lot depends on your health , you know how hard this UE stuff can be

Im sorry but remind me what CPUTR and DN's ???

The debt is UE so really it should be no different to any other UE debt. I was paying £1pm but stopped as I am fighting Unenforceability.

I dont think I can get my debts written off for personal reasons Jon, but I do think I can use the illnesses as I am unable to work and its unlikely to change in the foreseeable future.

Will get on top of the 2 I have posted up yesterday and today and then update the rest of my diary in stages so that I know where I am up to. Its best to get these kind out of the way first as the others can wait for a bit, plus I feel more in control with them at present.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

CPUTR is what I linked to above. Don't worry too much about it at this stage.

Let's stick with the plan of attack agreed on, see how that pans out

[jon1965]

Re: Flossy UE Diary & YB Hassle

DN=Default notice. Have a look in the default notice section of the site (further down) and you will see some examples of good and bad ones.
allaboutFORUMS

Usually the reason they are bad is that either they do not give you enough time to remedy the breach..it must be 14 days from service (not 14 days from the date of the letter) or they ask for the wrong amount. Paul wrote a bit about them.

CPUTR is (i think) consumer protection from unfair trading regulations and what it means is that a creditor can not lie to a direct question. So if for example you ask if they hold the original agreement and they say no, they would be in strife if they then turned up in court with the original. As we all know it has been suggested by some judge or other(Waksman) that a creditor needs the original to enforce in court. Have a read of P1's thread where she explains it all
PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

Hope that helps

Hope I am not confusing things. Flossy I would follow Niddys plan, so send the letter he suggests to Cabot and asking Arden/Moorgate to write off due to ill health (if that doesn't work then make an offer of a quid a month)

[jon1965]

Re: Flossy UE Diary & YB Hassle

Sorry Flossy, one last point from something you said
You are not asking them to write off your debts for personal reasons, you are asking them to write off your debts because you are chronically ill and there is little prospect of improvement in the foreseeable future . It often helps if you can get a letter from a Dr or someone who cares for you

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Morning

Ok, seems there is some confusion - Avoid the DN's etc as that is not relevant right now. We want to stay on track!

Cabot - look at sending the CPUTR letter as directed here ---> Flossy UE Diary YB Hassle - Page 38 - allaboutFORUMS

MBNA - Try and get the debt written off by writing a letter - then email it to me to check over and add/amend with legal parts - based purely on your illnesses

Creation - That's s.75 and linked within its own thread.

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

So, are you saying that they will be able to check what comes and goes into the bank account I have? I dont have much but there are some things on there that I dont want them to see. I wonder if I can change to another bank for my personal banking? I also have an account that I use to be paid for my carers, so LCC pay £x amount into my bank account each month and I then pay my carers from that money. Can they touch that account?

Sorry, seems this was missed.

Yes! They can and will utilise RoSo if you previously had any debts within RBS Group (includes Ulser Bank and Natpest Bank (sic)). If you have debt within the group do not have any balance in the account, the clever way to play it is if you know the dates money is due in, get rid of it into 'safe' accounts the same day as the bank only utilise RoSo if they see a large balance at the monthly update feed - they don't add a marker saying "we'll RoSo next time there are funds" as this could inadvertently make you OD in which case they'd be in a wee bit of poo, knee hight or thereabouts.

Basically RoSo is best utilised when you maintain a healthy balance within a linked account so best way to avoid it is to never have much in the account, withdraw your spending cash if possible and use cash to buy things or load it onto a pre-pay card that offers free online purchases etc so you're able to shop online without risking RoSo.

Queries? Gimme a shout

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Morning

Ok, seems there is some confusion - Avoid the DN's etc as that is not relevant right now. We want to stay on track!

Cabot - look at sending the CPUTR letter as directed here ---> Flossy UE Diary YB Hassle - Page 38 - allaboutFORUMS

MBNA - Try and get the debt written off by writing a letter - then email it to me to check over and add/amend with legal parts - based purely on your illnesses

Creation - That's s.75 and linked within its own thread.

Re-Quoting so you don't miss this

[Flossy]

Re: Flossy UE Diary & YB Hassle

Sorry Flossy, one last point from something you said
You are not asking them to write off your debts for personal reasons, you are asking them to write off your debts because you are chronically ill and there is little prospect of improvement in the foreseeable future . It often helps if you can get a letter from a Dr or someone who cares for you

Morning Jon (afternoon now!)

Thank you for explaining that to me. It did confuse me slightly but, its all sorted now and I really appreciate your input. I presume you either used the fact you are ill to do this with your creditors at some point?

You have given me things to think about that I didn't know anything about before and will look into all of that once I have got the other things out of the way as it will come in very handy.

Am going to follow advice from Niddy and then look into everything both you and Niddy have talked about. Niddy did mention as you can see in the earlier posts about P1, etc.

Thank you Jon and hope your well today x