SXGuy's UE Diary

[SXGuy]

Re: SXGuy's UE Diary

Update

Received notice of arrears from DLC re MBNA, filed away.

Mint have wrote to me directly, bypassing DCA.

They say, "they are not going to get into repetitive argument over enforceability of the agreement. They quote s180 of the The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations regulations and state that they do not need to provide a true copy to satisfy section 78.

They have however, provided T's and C's from then and now, as well as the prescribed terms.

Your creditcard would have been sent to you once you signed your agreement."

This one is enforceable but been blagged for a year now, so will file away for now.

If i was to read in to their letter, they dont actually state the PT's would have been issues prior to receiving the credit card, merely they provided them during the request. Anyway, filed away for now.

[SXGuy]

Re: SXGuy's UE Diary

May well be, we will see what happens!

[The Tech Clerk]

Re: SXGuy's UE Diary

Wescot = 2 times account on hold for 30 days both within 10 days of each other, followed by a letter from Nelson Guest & Partners = pay up within 10 days or thunder/lightning heavy wind will come down on you- please respond to Wescot. another letter for hire @ 75p no doubt? might be the same occurrence will happen here?

[SXGuy]

Re: SXGuy's UE Diary

Another little update, Westcot have again placed account on hold while they contact the OC.

nothing major to report.

[SXGuy]

Re: SXGuy's UE Diary

Thanks Niddy, always apreciate your advice, as do i with others x

[Never-In-Doubt]

Re: SXGuy's UE Diary

Mother received a letter yesterday from IDR Finance re barclaycard, i say letter, seems to be a very cocked up default notice.

Ill email Niddy with it tomorrow for his thoughts but ill list a few things here now.

1) default notice states its from IDR Finance

As far as i know, barclaycard still own the debt, IDR were just assigned collection rights.

2) the default notice is dated 23/04/12

Its apprently taken a over a year to be delivered, real snail mail by the looks of it.

3)IDR were not dealing with this in April 12, didnt come on the scence till well later in the year.

4) Remedy date is 23/03/13
Technically, from date it was served is 14 days, but date of default letter suggests over a year

5)Arrears to be paid by the 23/03/13.....£9
Cant see how an account which hasnt been paid for around a year can only have arrears of £9.

Make of this what you will.

Obviously as you're not paying, don't worry about that too much - but keep it safe. That's a muck-up which should help if they ever try and enforce....

[Never-In-Doubt]

Re: SXGuy's UE Diary

Had an annual statement from Lloyds yesterday.

Apprently they added £1 credit to the account on 5th April 12.

I need to check whether this was the last token payment made or whether they have allocated the CCA Request fee to the balance, if its the latter then this needs sorting as they have reduced the SB clock.

EDIT ok the CCA request was made 2nd April 12, so looks like they have allocated the payment to the balance.

What can i say to get them to take it off?

Nothing needs to be done mate, after it's SB then we can look at that for you, but part of the s.78 request clearly states "not to be used for anything else..." so you'll be fine, it will NOT reset SB as you did not pay that into the account, nor is a CCA Request classed as 'acknowledgement'

[SXGuy]

Re: SXGuy's UE Diary

Thanks Elsa, good point, will do.

To be honest, its just reset the clock by about a month at max from when we stopped paying to sending the CCA request.

[Undercover Elsa]

Re: SXGuy's UE Diary

I wouldn't say anything till after it's Statute Barred (or unless they initiate a claim). No point stirring them up. Just keep your records safe..proof of posting, PO receipt etc.

[SXGuy]

Re: SXGuy's UE Diary

Had an annual statement from Lloyds yesterday.

Apprently they added £1 credit to the account on 5th April 12.

I need to check whether this was the last token payment made or whether they have allocated the CCA Request fee to the balance, if its the latter then this needs sorting as they have reduced the SB clock.

EDIT ok the CCA request was made 2nd April 12, so looks like they have allocated the payment to the balance.

What can i say to get them to take it off?

[vint1954]

Re: SXGuy's UE Diary

That's weird SX. Just wait to see what niddy makes of it.

[SXGuy]

Re: SXGuy's UE Diary

Mother received a letter yesterday from IDR Finance re barclaycard, i say letter, seems to be a very cocked up default notice.

Ill email Niddy with it tomorrow for his thoughts but ill list a few things here now.

1) default notice states its from IDR Finance

As far as i know, barclaycard still own the debt, IDR were just assigned collection rights.

2) the default notice is dated 23/04/12

Its apprently taken a over a year to be delivered, real snail mail by the looks of it.

3)IDR were not dealing with this in April 12, didnt come on the scence till well later in the year.

4) Remedy date is 23/03/13
Technically, from date it was served is 14 days, but date of default letter suggests over a year

5)Arrears to be paid by the 23/03/13.....£9
Cant see how an account which hasnt been paid for around a year can only have arrears of £9.

Make of this what you will.

[SXGuy]

Re: SXGuy's UE Diary

another update today, natwest black have sent their 3rd monthly statement since confirming no CCA. min payment over 4k LOL

Before that the statements had died completely, sneaky bastards.

Likely will receive a natwest gold statement tomorrow, so still no defaults with these twats, but had no demands for payment either so just a waiting game now.

Hopefully they will default after the 3rd statement goes unpaid.

[SXGuy]

Re: SXGuy's UE Diary

exactly, i can see all the details that were filled in, but the rest of the application is black, i wouldnt even know if PPI was ticked or not (it wasnt)

Point is, i could have signed for a M&S food order for all i know LOL

[oldyboy]

Re: SXGuy's UE Diary

Another letter from Westcot, confirming their client complied with the CCA Request last july, cant see any dispute, contact them within 14 days with a valid dispute or collections will continue.

So will reply to them next week with refusual to accept UE status, unless anyone else tells me to send something else.

Apex have sent yet another illegable copy of my CCA from Lloyds. This time they have kindly wrote, "best copy" at the top LOL, enclosed prescribed terms, no T's and C's from any point.

Will reply to them next week also, wondering whether to send missing PT's or send illegable copy received, not sure.

There letter just says, please find enclosed documents requested, they dont even attempt to tell me the CCA Request was satisfied or ask for payment.

Hi SXG,

I think you're spot on with the Wescot one, and as for Apex, if I were you I'd be tempted to send off the 'Illegible Copy' template. After all, if you can't read the damn thing how are you supposed to know what's there or not?