SXGuy's UE Diary

[SXGuy]

Re: SXGuy's UE Diary

lol yeah i know, ok thanks

[SXGuy]

Re: SXGuy's UE Diary

Update

Received a letter from Moorcroft, RE lloyds.

I had sent them missing PT previously.

The letter says

Thank you for your letter regarding enforecability.....

By way of explanation, under section 78 of the consumer credit act, a copy must be supplied to any customer with a true copy of their credit agreement upon request. For the purposes of section 78a, a true copy need not be an exact copy of photocopy, as long as it contains every material provision of the agreement signed, including the original name and address of the parties to that agreement, although this does not require possession of the original signed credit agreement, as this information can be taken from any reliable source.
This matter has been reviewed by the courts, carey v HSBC, and the judge agreed.

Therefore there are no requirements to provide a signed "executed" copy of the agreement and this is made clear in section 3(2) of the Consumer credit(ancellation notices and copies of documents) regulations.
Out clients believe that the above balance remains due and payable and we therefore require immediate payment or realistic proposals for repayment,

Then they go on about their client still being able to report the conduct of the account to the CRA's

Thoughts and next step please guys?

[Pixie]

Re: SXGuy's UE Diary

That's the usual waffle you get back when you query the cca.

If I were you, I'd send Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

[SXGuy]

Re: SXGuy's UE Diary

okie dokie cheers

They have given me 14 days to make a proposal, so i think ill wait a week and send it then, just to run the clock down a bit lol

[SXGuy]

Re: SXGuy's UE Diary

Hey guys couple of updates.

Mint have sent a letter saying payment arrangement has ended telephone to discuss repayment. I find this quite laughable as they are in default of cca request for over a month since they have failed to acknowledge it. And had accepted £1 per month for over 2 years. Perhaps its cos they aint gettting paid anymore!

M and s have sent a letter saying arrangement cancelled and to ring to discuss payment, may pass to solicitors or dca. These guys have sent two dn's and payment demands previously so seems they are trying to be nice lol

Should I ignore mint and see what happens next? Don't really want to remind them of my cca request?

[Deepie]

Re: SXGuy's UE Diary

Hey guys couple of updates.

Mint have sent a letter saying payment arrangement has ended telephone to discuss repayment. I find this quite laughable as they are in default of cca request for over a month since they have failed to acknowledge it. And had accepted £1 per month for over 2 years. Perhaps its cos they aint gettting paid anymore!

M and s have sent a letter saying arrangement cancelled and to ring to discuss payment, may pass to solicitors or dca. These guys have sent two dn's and payment demands previously so seems they are trying to be nice lol

Should I ignore mint and see what happens next? Don't really want to remind them of my cca request?

I would see what they do next..........

[SXGuy]

Re: SXGuy's UE Diary

Will do cheers

[SXGuy]

Re: SXGuy's UE Diary

So today, my mum received a statement from M & S, with the min payment amount and total arrears.

It seems they still havent terminated the agreement, even after 2 DN's and 2 Final Demands, this is getting silly now.

If they dont terminate, then they can continue to add charges and interest, which is only increasing the debt.

The last letter said they may pass to DCA or solicitor, so at that point, they would have to terminate, which i can only assume would be in my mothers interest as at least that way the charges would stop.

[MrsD]

Re: SXGuy's UE Diary

they never terminated mine for ages and managed to whack on a load of interest and that was within a CCCS DMP, so seems to be a company policy to grow the debt if they don't think they are going to get the money, more to write off against?

[SXGuy]

Re: SXGuy's UE Diary

Sounds like your right there lol

Well not paying anything is still not paying anything i guess lol

[The Tech Clerk]

Re: SXGuy's UE Diary

Same as HSBC do to boost figures up during no payment period, not just the interest element per month, but the actual repayment figure for that month, hence the figure escallates to the maximum credit limit then above in a short time == they say you have failed to pay the required amount, BUT them crediting the minimum payment to the account as if a payment had been paid by you not them, then charge more interest on that payment , if you get my meaning??

[SXGuy]

Re: SXGuy's UE Diary

Little update, received 2 letters from fredricksons re capital one.

Both dated 28th June, one says, account on hold while they investiage, the other says, their client confims the cca was sent in April.

Hmm, i think i only received the first letter think ill see what they do next.

[SXGuy]

Re: SXGuy's UE Diary

another little update, Mint have sent a statement detailing the min payment which includes arrears, and outstanding balanace, looks like account hasnt been terminated yet.

They mention that the last payment was missed, yeah, no shit sherlock, perhaps thats because they are still in default of my CCA Request lol.

[SXGuy]

Re: SXGuy's UE Diary

little update, M & S have sent a one sentence letter, it says, "please telephone our offices immediately to discuss your account"

Sorry i dont ring 0845 numbers, oh well!

I guess while they arnt threatening anything i may as well just file the letter away.

(i really need to update my diary! lol)

[Spent2much]

Re: SXGuy's UE Diary

MBNA

Balance: £8818.88 including charges.
Agreement: Around 2004 (not sure exact date)
Last min monthly payment: August 2011
Default Notice: 30th September 2011

6th December 2011: Notice of Assignement letter received from both MBNA and DLC (Hiliesden Securities Ltd)
6th December 2011: Telephoned DLC offering £1 per month with review in 6 months
7th December 2011: Letter from DLC refusing payment offer and threatening charging order on property
7th December 2011: CCA request sent
21st December 2011: 2nd CCA request sent
22nd December: Received reponse to first CCA request stating would be in touch within 21 days(ignored)
4th January 2012: 3rd CCA Request sent
5th January 2012: Reply to 2nd CCA request admiting they are in default of account and can not enforce the debt, however, they can still ask for payment in any manor they see fit, and dispute should not be used to withold payment (ignored)
Confirmed
6th January 2012: Numerous phone calls logged and message left on answerphone (ignored)
9th January 2012: Letter received, stating that reply to letters had failed and may seek an agent to visit property.
10th January 2012: Letter to stop all agent appointments sent.

Update:
23rd January 2012:DLC leaves an answerphone message on both home phone and work phone (think another letter is in order)
27th January 2012: Letter from Aplins Solicitors asking to telephone DLC regarding full payment or arange repayment within 7 days or may instruct to proceed with legal action
27th January 2012: Sent reply to Aplins using template from here, stating account still in dispute and no enforcment can be made, also attached copy of letter from DLC stating they will not take enforcement action whilst account remains in dispute.
28th January 2012: Received letter from Hillesden Securities (DLC) aknowledging removing of telephone numbers and no agent visit without prior arrangement. (Awww shame! NOT!)

17th February 2012:Received letter from Hillesden Securites, aknowledging letter sent on 27th, and apologising for solicitor letter saying it was sent in error, but says, they are still trying to recover the agreement from MBNA, and until then, they are entitled to rely on the regulated credit agreement as evidence that i agree to repay and debt incurred under the agreement. (um. they say they havent got the agreement yet rely on it as evidence? i smell something brown there!)
It also says, "As the above account defaulted on 30 September 2011, the outstanding balance of £8818.88 became the arrears. and it is now overdue" (um. surely the arrears is the amount defaulted, not the whole balance?)
7th March 2012: Alls quiet on the western front
31st March 2012: Letter from DLC reminder of balance outstanding (yeah a reminder cos they cant do f all else, still in default of CCA request)

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EGG SOLD TO BC - SOLD AGAIN TO AIC (allegidly)

Balance: £8000ish
Agreement: Pre 2007 (will double check exact date)
Last min monthly payment: October 2011
Last £1 token payment: January 2012
Default Notice: January 2012



November 2011: Letter from Barclaycard / bought egg account contact us to discuss payment (unknown a/c number)
November 2011: mother rang B/C agreed £1 payment per month
November 2011: Letter from Mercers accepting arrangement to pay £1 per month, request to make first payment December 2011 and each month thereafter
15th January 2012: receive letter from BC / bought egg account change standing order details (same unknown a/c number)
17th January 2012: Receive default notice from mercers re account
4th February 2012: Receive letter from Barclaycard demanding full payment (same unknown a/c number)
8th February 2012: sent letter to barclaycard, enclosed copy of arrangement to pay £1, default notice and explained guidelines on issuing DN's under an arrangement to pay. (quoted a/c number)
18th February 2012: receive letter from Barclaycard dated 14th February saying they have sold account to Allied International and should telephone them make a payment. (unknown a/c number)
20th February 2012: receive 4 telephone calls and 2 messages from Allied asking to telephone them regarding a "personal business matter" (LOL ignored)
24th February 2012: 4 calls from Allied, 1 message left (ignored, still havent received a letter from them, fingers crossed they will just keep calling lol)
24th February 2012: receive letter from Barclaycard dated 17th February 2012 in response to letter sent 8th February, "disappointed we felt the need to complain, will investigate and enclose complaints leafleft" (Love these standard letters they all send, anyway will wait to see the outcome)
3rd March 2012: Continued calls from AIC all week, cept now they give 4 rings and hang up (will be getting a call blocker machine soon so just holding out)
7th March 2012: 4 Ring calls still continue every day
March 2012: letter back from barclay card / £1 per month was not agreed arrangement, £31 was, therefore doesnt fall into AP marker rules
22nd March 2012: Letter from AIC, stating they deal with debt on behalf of BC (they never sold it!) (Again unknwon a/c number)

Update: 22nd March 2012: you may notice a lot of unknown a/c numbers throughout this one. it recently only came to light due to alot of searching that the egg account to which they first refered to, does not match the account number originally assigned to the egg account.
There is also some confusion when BC rang regarding the egg account, as they asked to speak to my late father, which seems strange, and makes me wonder if the agreement was originally in my fathers name. That together with the unknown account number means this one needs to be looked in to now.

27th March 2012: CCA request sent
29th March 2012: receive letter from AIC / Stating CCA request should be sent to OC, however they have fowarded on the request and they are relying on OC to deliver within timelimit (Request is currently in default and deemed UE until further notice)


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HSBC Gold Credit Card

Balance: 10,000 and rising
Agrement: pre 2007 (Over 30 years)
Last Monthly payment: August 2011
Current repayments: £10 per month
Default Notice: yes, will check date

27th September 2011: Receive letter from HSBC accepting arrangement of £10 per month, and state final demands and default notice will continue in due course.
4th February 2012: Final demand notice (ignored)
21st February 2012: another Final demand notice (everything same except overdue amount has increased, and been sent from difference office)
24th February 2012: Sent letter to HSBC reminding them of payment arrangement, enclosed copy of their letter confirming, offered to increase payments with help from 3rd party to £50 per month starting April 2012.
7th March 2012: Receive letter from manager of collections dated 28th February, stating that previous letter did not include signature, and could not act on information, normal collection proceedings to continue
7th March 2012: wrote back and included original letter but with my mothers left handed attempt at a signature included LOL
March 2012: letter from HSBC / passed debt to metropolitain collection services
31st March 2012: received letter from metro asking to telephone to arrange payment
31st March 2012: offered £50 per month / account on hold for 30 days while they await an I & E form.

Note: I intend to not pay them diddly, but havent had a chance to set up a new bank account with someone else yet, so biding my time before i slap them with a CCA Request, niddy advises its 100% UE regardless.

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Capital One assigned to Fredricksons

Balance: 2,864.27
Arrears: Around £600
Agrement: 1998
Last Monthly payment: April 2011
Current repayments: none
Default Notice: none yet
Account Status: terminated

17th February 2012: received letter/ current arrangement about to end 3rd April 2012
27th March 2012: CCA Request sent (Currently in default of account, UE until they send something)
23rd April 2012: Received Signed application form, blank recon agreement, t's and c's from then and now, await Niddys Inspection.
Niddy confirms 100% lack of presribed terms at account inception Will take pleasure in notifying them of this.

9th May 2012: Received Notice of Sums in Arrears (Ignored)
22nd May 2012: letter from Capital one / account terminated, may pass to DCA
25th May 2012: letter from Fredrickson and numerous calls, repay debt in full
27th May 2012: Sent Account Sold Whilst In Dispute
31st May 2012: letter from Fredricksons, account on hold for 14 days, contact cap one directly for CCA Request

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M & S Money

Balance: 8635.80
Agrement: November 2003
Last Monthly payment: November 2011
Current repayments: £1 per month
Default Notice: served 28/02/12

17th March 2012: Letter received / agreed arangement expired, contact us to discuss
27th March 2012: CCA Request Sent
30th March 2012: automatied answerphone message asking to telephone them to discuss account (ignored and number blocked)
12th April 2012: Received CCA - Emailed to Niddy
15th April 2012: Niddy confirms 100%
Note: Will continue to pay £1 per month or consider f & f sometime in the future.

5th May 2012: Received a 2nd default notice, first one sent 28th Feb 2012
28th May 2012: Final Demand Letter Received / May pass debt to external agent who may demand payment or issue court proceedings
29th May 2012: Sent Missing Prescribed Terms
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Lloyds Credit Card

Balance: 7465.50
Agrement: pre 2007 (will double check)
Last Monthly payment: November 2011
Current repayments: £1 per month
Default Notice: (will double check)

29/03/2012: Received NoA from Moorcroft / To prevent recommendation to our client to proceed with litigation, telephone to discuss payment
02/04/2012: Sent CCA Request
10/04/2012: Received letter / possible litigation (ignored)
11/04/2012: Received letter / CCA payment must be made to OC
12/04/2012: Sent DCA Refusal to accept CCA Request
05/05/2012: Received another letter/ Possible litigation
05/05/2012: Sent template, CCA Final Demand
09/05/2012: Received CCA Request, Emailed Niddy Niddy Confirms
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Opus Credit Card assigned to 1st Credit

Balance: 6087.26
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: (will double check)

16th April 2012: letter from opus dated 13/04/12 notice of assignment to 1st Credit, affective 23/03/12 / Pay outstanding balance or telephone to arrange repayment
17th April 2012: CCA Request Sent.
24th April 2012: Letter recieved dated 20/04/12 / Account on hold while they request CCA

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Barclaycard Assigned to Link Financial

Balance: 7400ish
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: none

17/05/2012: NoA to Link Financial / Current arrangement to pay will continue for 6 months, redirect payment to Link Financial
29/05/2012: Sent CCA Request
07/06/2012: Letter from Link, Do not currently hold agreement, will contact OC, could take 30 days.
16/06/2012: Letter from Barclaycard, cant find agreement, have closed account, confirms

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NatWest Gold

Balance: £10,000
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: Will double check.

22/05/2012: Payment arrangement due for review, contact us or your money adviser (Niddy ) to discuss your repayment proposals

Will be sending a CCA request off tomorrow

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NatWest Black

Balance: £15,529.89
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: Will double check.

28/05/2012: Payment arrangement due for review, contact us or your money adviser (Niddy ) to discuss your repayment proposals
07/06/2012: CCA Request Sent

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MINT

Balance: £10,143.27
Agrement: pre 2007
Current repayments: £1 per month
Default Notice: Will double check.

07/06/2012: CCA Request Sent

Just wondering why you are still making tokan payments, won't this stop them becoming statute barred ?