bobogosing's UE diary

[bobogosing]

Re: bobogosing's UE diary

TESCO CREDIT CARD (Mrs bobo's)



Type of account: Tesco Credit Card

• Date commenced: 2003
• Approx balance: £303.93
• Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
• Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
• Status: Default and in arrears
• Account owner: Royal Bank of Scotland PLC-Card Services

25/2/11 Received letter from Moorcroft, will email it to Niddy and wait for advice
26/2/11 Niddy said to ignore letter from Moorcroft. See http://forums.all-about-debt.co.uk/s...&postcount=139
5/3/11 Received "POSSIBLE LITIGATION" letter from Moorcroft, emailing it to Niddy
10/3/11 Send letter as Niddy adviced http://forums.all-about-debt.co.uk/s...&postcount=147
28/3/11 Received CCA from Tesco Credit Card. Uploaded and waiting for Niddy's advise
11/4/11 Send CCA Query letter as advised by Niddy
15/4/11 Received letter from Tesco Credit Card, emailed to niddy
17/4/11 Received reply from Tesco
13/9 Received letter from Robinson Way, saying, "IMMEDIATE ACTION REQUIRED"

Received letter from Robinson Way 26/9/11
Do I ignore please?

[Undercover Elsa]

Re: bobogosing's UE diary

Hi Bobo,
Oooh that one's all warm and fuzzy, aren't they sweet?

Ignore!!!! LOL

[bobogosing]

Re: bobogosing's UE diary

Thank you for the advices so far. Really appreciate it.
Can someone have a look at my post #312 and #313 please? Do I ignore and wait and see which stalkers they are sending? Thanks bobo x

[swanfan]

Re: bobogosing's UE diary

Ignore them, wait for the dca to contact you.

[Pixie]

Re: bobogosing's UE diary

Yep. ignore until the dca contacts you then send Unenforceability Templates - Section 3 (even for the enforceable account )

[bobogosing]

Re: bobogosing's UE diary

Yep. ignore until the dca contacts you then send Unenforceability Templates - Section 3 (even for the enforceable account )

Hi All!

Received same letters from AIC for my MBNA and VIRGIN account 10/10/11.
Sending templates as Pixie advised.

bobo x

[bobogosing]

Re: bobogosing's UE diary

BARCLAYCARD (Mr bobo's)

Started : 06/03
Balance : 4406
date last paid (full amount):14/09/10
Status: In arrears
send CCA and Niddy confirmed :UE
Received Final Response letter from Barclay.
13/1/11 Emailed to Niddy. For Niddy's response see post#90
Received letter from Calder Financial dated 14/3/11. Emailing it to Niddy for advise(22/4/11)
6/6/11 sent Debtors Final Response - CCA Received as Niddy advised

Hi All!

Received letter from Barclaycard:-

Also received letter from MKRR:-

Do I file away? Thank you in advance. bobo x

[bobogosing]

Re: bobogosing's UE diary

TESCO CREDIT CARD (Mrs bobo's)




Type of account: Tesco Credit Card

• Date commenced: 2003
• Approx balance: £303.93
• Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
• Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
• Status: Default and in arrears
• Account owner: Royal Bank of Scotland PLC-Card Services

25/2/11 Received letter from Moorcroft, will email it to Niddy and wait for advice
26/2/11 Niddy said to ignore letter from Moorcroft. See http://forums.all-about-debt.co.uk/s...&postcount=139
5/3/11 Received "POSSIBLE LITIGATION" letter from Moorcroft, emailing it to Niddy
10/3/11 Send letter as Niddy adviced http://forums.all-about-debt.co.uk/s...&postcount=147
28/3/11 Received CCA from Tesco Credit Card. Uploaded and waiting for Niddy's advise
11/4/11 Send CCA Query letter as advised by Niddy
15/4/11 Received letter from Tesco Credit Card, emailed to niddy
17/4/11 Received reply from Tesco
13/9 Received letter from Robinson Way, saying, "IMMEDIATE ACTION REQUIRED"
Received letter from Robinson Way 26/9/11(see post #316) - Been advised to ignore


Hi All!

Received letter from robthisway dated 13/10/11
Do I continue to ignore? Thanks bobo x

[bobogosing]

Re: bobogosing's UE diary

RBS Natwest Cards (Mrs bobo's)

• Type of account: RBS Natwest Card
• Date commenced: pre 2004, will update
• Approx balance: £2714.03
• Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
• Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
• Status: Default and in arrears
• Account owner: Royal Bank of Scotland PLC-Card Services

10/2/11 send cca request
25/2/11 received letter from Moorcroft, email to Niddy and wait for advice
26/2/11 Niddy said to ignore this letter from Moorcroft too, as they are in default for not sending my CCA request

5/3/11 Received "POSSIBLE LITIGATION" letter from Moorcroft, emailing it to Niddy
5/3/11 Received CCA, waiting for Niddy's advise
10/3/11 Send letter as Niddy adviced - Threat by Lender/D.C.A - To Commence Litigation
5/5/11 Received LITIGATION WARNING letter from midas creditservices whom is part of Moorcroft. Uploading for Niddy to advise
9/5 sent Threat by Lender/D.C.A - To commence litigation as advised by Niddy
19/8 received ligitigation warning from midascreditservices
2/9 sent enough is enough template to midascreditservices
9/9 received letter from moorcroft saying," unfortunately moorcroft is no longer responsible for collection activity on this account."
14/9 received notice of debt collection letter from westcot, it says," please contact us as soon as possible as failure to do so will result in further recovery action"

I Would just ignore for now see what they send next

Hi!

Received letter from nelson guest & partners solicitors.
Please advise what to send next. Thanks bobo x

[bobogosing]

Re: bobogosing's UE diary

Hi All!

Please advise for post # 232 #233 and #234

bobo x

[swanfan]

Re: bobogosing's UE diary

Bobo

#322 Ignore Mkrr for now.

#323 Send this to Rob Way--> Templates - Harassment

#324 Ignore Nelson Guest for now

[bobogosing]

Re: bobogosing's UE diary

swanfan!!

Thank you for your quick advise, will send off template as advised. I can get a good night sleep now.

bobo x

[Paul.]

Re: bobogosing's UE diary

Has any one referred to the oft guidance on s78 cca? It clearly states the creditor should not threaten proceedings when in breach of the cca request for a true copy of the agreement.


Thought that may assist

[BBoo]

Re: bobogosing's UE diary

OFT 664:

False representation of authority and/or legal position

b. falsely implying or stating that action can or will be taken when it legally
cannot,

[Paul.]

Re: bobogosing's UE diary

5.8 In particular, where an agreement is unenforceable because of non-compliance with an information request under sections 77, 78 or 79, the
OFT's guidance to creditors or owners on this issue is as follows:

• The OFT would firstly expect the creditor or owner to take steps to
check that there was in fact an agreement with the debtor or hirer,
and in particular whether there are in fact monies outstanding under
it, and if so for how much. This should be capable of being
demonstrated to the debtor or hirer.

• Secondly, no communications or requests for payment should in any
way threaten court action or other enforcement of the debt where
the creditor or owner is aware that it will not be entitled so to
enforce the agreement.

• Thirdly, the creditor or owner should make it clear when
communicating to the debtor about the debt that the debt is in fact
unenforceable. Failure to do so, where the creditor or owner is aware
of unenforceability, would in our view unfairly mislead the debtor by
omission.31

• Any communication that implies expressly or otherwise that the debt
is enforceable when it is known that it is not would be misleading.
One way to avoid this would be for the creditor to explain the full
meaning of 'unenforceable'.

1272 was more in my mind