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  • #736
    Re: Nightwatch & Hubbys Diary of debt

    Originally posted by nightwatch View Post
    which is why I wondered about sending one to see if they said as it is an overdraft it wasn't covered under the CCA,

    interesting to find out in black and white no doubt!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #737
      Re: Nightwatch & Hubbys Diary of debt

      Originally posted by Deepie View Post
      Have you seen this thread NW ??? ------> http://forums.all-about-debt.co.uk/s...l=1#post159405
      That would not be applicable. The M&S reserve account is not an overdraft. There are posts about them on other sites.

      Here Arrow lost when they took one of them to court using that argument ------> https://consumercreditlitigationandd...lobal-limited/

      Comment

      • #738
        Re: Nightwatch & Hubbys Diary of debt

        Really good info on this one, looks as if Nightwatch is on a winner!

        Comment

        • #739
          Re: Nightwatch & Hubbys Diary of debt

          so send a CCA request it is then ?
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #740
            Re: Nightwatch & Hubbys Diary of debt

            Originally posted by nightwatch View Post
            so send a CCA request it is then ?
            Wait until you get the first letter from Shoosmiths.

            How long ago was your last CCA request (April 2012?) and when will this debt become SB?

            I saw off Shoosmiths when I "categorically" denied I'd ever had a bank overdraft with M & S. It's been quiet for months and months since then

            Plan B x

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            • #741
              Re: Nightwatch & Hubbys Diary of debt

              Originally posted by PlanB View Post
              Wait until you get the first letter from Shoosmiths.
              Agreed - just wait till your hear from Shoosmiths then incorporate a CCA into an LBA - UNLESS the existing CCA is in default in which case don't do another as chances are a claim will be forthcoming and if so you'd likely have better odds sticking by the current default position (ie their breach of s.78)....
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #742
                Re: Nightwatch & Hubbys Diary of debt

                thanks niddy, you deemed this enforceable when I sent you the CCA I received in 2012
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #743
                  Re: Nightwatch & Hubbys Diary of debt

                  Originally posted by nightwatch View Post
                  thanks niddy, you deemed this enforceable when I sent you the CCA I received in 2012
                  Why don't you re-send Niddy exactly what you received in 2012 to assess things again.

                  Your CCA response in 2012 was from M & S (is that correct?). You're now dealing with Arrow and their solicitors. Things can get lost in translation as the years go by and the debt owners change. This can be to your advantage.

                  Plan B x

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                  • #744
                    Re: Nightwatch & Hubbys Diary of debt

                    Good luck xx
                    if you do it today and you like it you can always do it again tomorrow

                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #745
                      Re: Nightwatch & Hubbys Diary of debt

                      Originally posted by nightwatch View Post
                      thanks niddy, you deemed this enforceable when I sent you the CCA I received in 2012
                      Originally posted by PlanB View Post
                      Why don't you re-send Niddy exactly what you received in 2012 to assess things again.
                      Yea please resend - in fact - scrap that, why don't you send a new request to Arrow - that's a good idea, so for now send a CCA to Arrow and when Shosmiths respond, let us know
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • #746
                        Re: Nightwatch & Hubbys Diary of debt

                        do I send one for an overdraft or for the reserve account (78)?
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                        • #747
                          Re: Nightwatch & Hubbys Diary of debt

                          Originally posted by nightwatch View Post
                          do I send one for an overdraft or for the reserve account (78)?
                          The AAD CCA request template letter refers to s.77-79 which covers all bases.

                          http://forums.all-about-debt.co.uk/s...l=1#post495038

                          Plan B x

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                          • #748
                            Re: Nightwatch & Hubbys Diary of debt

                            It's not the OD CCA no, it's a s.77-79 CCA from templates
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #749
                              Re: Nightwatch & Hubbys Diary of debt

                              Originally posted by PlanB View Post
                              The AAD CCA request template letter refers to s.77-79 which covers all bases.

                              http://forums.all-about-debt.co.uk/s...l=1#post495038
                              Originally posted by Never-In-Doubt View Post
                              It's not the OD CCA no, it's a s.77-79 CCA from templates
                              Is there an echo in here

                              Plan B x

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                              • #750
                                Re: Nightwatch & Hubbys Diary of debt

                                Originally posted by PlanB View Post
                                Is there an echo in here

                                Plan B x


                                i was on phone it hadn't updated with a reply Ooops
                                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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