SXGuy's UE Diary

[SXGuy]

Re: SXGuy's UE Diary

yeah I get what your saying, but its actually EN, Mint have already complied, im just trying to string freds out a bit longer, till Jan when I will decide what to do next. Bryan carter have already sent a letter to which I sorted a while back, its just Freds at the moment.

[PriorityOne]

Re: SXGuy's UE Diary

So another reply from Freds today, again stating i need to request a CCA directly with Mint. Gave me their address to write to, how kind of them.

They have placed the account on hold for 14 days so i may process the request.

Well i will wait about 13 days, and send them a nice little one liner refering them to the points raised in my last letter, Final Response CCA Request.

It's probably worth just sending the request to Mint. I know it shouldn't work like this, but it stops Freds from trying to p*ss you about and string out the problem before involving Bryan Carter. I did this with two of mine; one was Freds and the other was Alliance & Leicester (now Santander). Both were UE... How sad....

[SXGuy]

Re: SXGuy's UE Diary

According to my mum Link re Barclaycard have sent the alledged application again, not sure if they have sent them T's and C's as im at home until Monday, but will have a look and send over to Niddy then.

[MrsD]

Re: SXGuy's UE Diary

good plan

[SXGuy]

Re: SXGuy's UE Diary

So another reply from Freds today, again stating i need to request a CCA directly with Mint. Gave me their address to write to, how kind of them.

They have placed the account on hold for 14 days so i may process the request.

Well i will wait about 13 days, and send them a nice little one liner refering them to the points raised in my last letter, Final Response CCA Request.

[SXGuy]

Re: SXGuy's UE Diary

Ok so had a reply back from Freds, usual bullshit, have returned the £1 postal order and asked i make a direct request to the creditor for a copy of the CCA. And have kindly asked that i return with payment proposals.

Well ill take their payment proposal on monday, and raise it with a DCA refusal to accept CCA Request letter.

[Pixie]

Re: SXGuy's UE Diary

They always argue that they've complied even when they haven't. I would sendhttp://www.all-about-debt.co.uk/old/index.php/template-letters/unenforceability/s4-final-response/141-final-response-ue-cca-received

[SXGuy]

Re: SXGuy's UE Diary

Had a reply to my post quoted below

Link basically say, they refer me to the letter sent by Barclaycard "I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act. This is a statement of variations to the terms made since you entered into this agreement"

They refer me to OFT guidance on sections 77/78/79 of the CCA 1974 part 2.20 and 2.21.

And they say therefore they do not uphold my view that the account is unenforceable and await payment proposals.

Will as stated before, the terms they sent, recon or otherwise, displays someone elses address at the top, so there not my terms, there someone elses, regardless of whether they fit with the time the application was made.

Section 2.20 and 2.21 state that a recon must be a true copy of the agreement and must contain the name and address at the time of execution and must be included (as stated by Carey)

Well this doesn't, so now to my next step, a well worded niddy special or ignore and wait to see what they send next?

Update again, funny, goes quiet for months, then get communication all at once.

Link/IDR re Barclaycard, have sent some terms and conditions.

Previously they sent the signed application form and no terms, i sent them back at the begining of the year, creditor refusal to accept UE (i think will double check)

The cover letter says its a reconstitued copy of the agreement, the interest rates and charges are different than what they would be now (doesnt state they are accurate to account opening though)

Will scan and send to Niddy tomorrow but i smell a rat here, the terms are dated 2011, or not dated at all. The cover to the terms says here is your copy of the terms and conditions, so they are not the prescribed terms that came with the signed agreement. The cover letter also has a printed name and address, the address is not, nor has ever been my mothers address. So perhaps its clearly someone elses terms.

The terms which would have been one 1 peice of paper have been split over several peices.

No application sent with these terms so section 78 request has been sent in parts (i.e application june 2012, and terms now)

[Never-In-Doubt]

Re: SXGuy's UE Diary

OK will do!, got a feeling they will just batter on about already sending one, but as you say, you can send one every month if you wish, so let them be in default lol

If they do mate, they're in default and cannot enforce. They must properly comply with your s.78 request - whether they like it or not.

[SXGuy]

Re: SXGuy's UE Diary

ok so start afresh, send a new cca to the dca. Then let's take another looksie

OK will do!, got a feeling they will just batter on about already sending one, but as you say, you can send one every month if you wish, so let them be in default lol

[Pixie]

Re: SXGuy's UE Diary

Agree it's definitely worth a try...you never know.

[Never-In-Doubt]

Re: SXGuy's UE Diary

Sorry you misunderstood, i dont have any intention for the moment to offer a realistic F & F i just want to delay agreeing a repayment till Jan at best..

ok so start afresh, send a new cca to the dca. Then let's take another looksie

[SXGuy]

Re: SXGuy's UE Diary

DLC accepted £30 per month on just under 9k so its worth a try!

[Pixie]

Re: SXGuy's UE Diary

Sometimes it's good to just try and confuse them.

If you want to agree a repayment in January then it could be a good idea to go with your plan, though I'd be surprised if they accept payments under £30 a month for a £10k debt.

[SXGuy]

Re: SXGuy's UE Diary

Sorry you misunderstood, i dont have any intention for the moment to offer a realistic F & F i just want to delay agreeing a repayment till Jan at best.

May be in a position next year to offer a F & F but im helping my mother to clear a secured loan next year instead, she will save almost double in interest clearing that first.

I sent Bryan Carter threat to commence litigation, but i havent sent letter before action. Although i cant see it changing much.