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**Never-In-Doubt** · 7 October 2010, 05:16

Re: sostress UE diary

Originally posted by sostress

CAHOOT LOAN

Started :26/06/06
Balance : 5662
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 18/10/07
Send CCA

I am unsure about this one as it is a flexible loan cum fixed term loan and as such there is no clear limit, yet all loans should contain the relevant prescribed terms - the main one in question is for fixed sum loans (e.g. bank loans, hire purchase agreements) the agreement must contain "A term stating the amount of the credit". In any case, lets presume that it is UE and see what they come back with. Respond with the following: ---> viewtopic.php?p=1503#p1503

**Never-In-Doubt** · 7 October 2010, 05:18

Re: sostress UE diary

Originally posted by sostress

AMERICAN EXPRESS
Started :08/12/05
Balance : 6819
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 05/05/07
Send CCA

This is UE as they have simply sent you some random unsigned terms! No CCA at all... Respond with this: ---> viewtopic.php?p=1623#p1623

:UE

**Never-In-Doubt** · 7 October 2010, 05:20

Re: sostress UE diary

Originally posted by sostress

EGG LOAN
Started :04/05/05
Balance : 19,037
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 05/01/07
Send CCA

All you've uploaded is the default notice not the CCA so I cannot advise on this right now. If they have not sent you a CCA then let me know....

**Never-In-Doubt** · 7 October 2010, 05:22

Re: sostress UE diary

Originally posted by sostress

BARCLAYCARD
Started :11/06/03
Balance : 5075
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: SATISFACTORY
Send CCA

This is UE - no CCA or Prescribed Terms, all they've sent is a set of generic terms - respond with this: ---> viewtopic.php?p=1623#p1623

:UE

**Never-In-Doubt** · 7 October 2010, 05:31

Re: sostress UE diary

Originally posted by sostress

EGG CARD

Started :10/06/04
Balance : 3811
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 22/01/07
Send CCA

This is enforceable, however no harm in blagging it in line with current arguing surrounding Egg's use of the term "approved Limit" as opposed to the correct definition which should be "Credit Limit". Read my thread (MSE) about it; here - for details: ---> Flawed Egg Agreement

Basically, blag it - and respond with the following (bear in mind if they get too pushy you should back down and agree to a repayment schedule as it is enforceable): ---> viewtopic.php?p=1503#p1503

**Never-In-Doubt** · 7 October 2010, 05:35

Re: sostress UE diary

Originally posted by sostress

NORTHERN ROCK

Started :27/07/04
Balance : 3015
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 16/03/09
Send CCA

This is enforceable, as above try and blag it but if they get heavy then back down and agree to a repayment plan. In the meantime, respond with this: ---> viewtopic.php?p=1503#p1503

**Never-In-Doubt** · 7 October 2010, 05:37

Re: sostress UE diary

Originally posted by sostress

LINK(MBNA VIRGIN)

Started :16/06/05
Balance : 4430
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 29/06/07
Send CCA

This is UE - An application is not a regulated agreement! Respond with this: ---> viewtopic.php?p=1629#p1629

:UE

**Never-In-Doubt** · 7 October 2010, 05:41

Re: sostress UE diary

Originally posted by sostress

MBNA
Started :19/01/04
Balance : 11,582
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 30/06/09
Send CCA

The prescribed terms are shown on the application, so another one that is enforceable which should be blagged! Respond with this: ---> viewtopic.php?p=1629#p1629

**Never-In-Doubt** · 7 October 2010, 05:43

Re: sostress UE diary

Originally posted by sostress

MINT

Started :24/03/04
Balance : 8250
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 04/01/07
Send CCA

Its an application form with no prescribed terms so again, it is unenforceable - respond with this: ---> viewtopic.php?p=1629#p1629

:UE

**Never-In-Doubt** · 7 October 2010, 05:54

Re: sostress UE diary

Summary,

Ok, as you can see from my responses above - you have a few enforceable and a few unenforceable accounts. The fact you've given no details other than "send CCA" it is hard to determine what you've done to date and where you're at, so to speak.

Therefore dealing with this 'blind' i'm presuming that you last dealt with these guys over a year ago as most the paperwork is dated from 2009? If that is the case then i'd continue to ignore them, and cease all repayments and wait until they start contacting you again.

However, as you've stated that you're looking to make F&F Offers in exchange for default removal, stopping payments and/or fighting for UE may not be the best way forward. So really you need to sit back and have a long hard think about what you're wanting to do next.

The accounts that were defaulted back in 2007, the default will be gone by 2013 regardless of whether you pay or not. The more recent ones, similarly will last for 6yrs from the date of default.

To be frank, if I were you i'd stop all payments and wait for the lenders/dca's to come to you and then look to settle with F&F settlements if you can afford to? The best way to do this is to let the account default and get sold to a DCA who will accept better deals, the lenders often do not.

Its a catch 22 really, you'll be stuck with the defaults though - the lenders/DCA's will not remove them, they simply cannot cos it would set a presedent and we'd all stop paying our debts, let it default, make a silly offer then get the default wiped.... so they never ever agree to such, unless the DN was improperly executed - those of yours i've seen to date are all ok, I do check this as part of the agreement checks being you attached them.

So it's up to you what you do next but i've detailed in each response what I would do - it's up to you though, how you proceed. Where i've said respond with this and provided a template to respond, you'd not just send that out the blue (assuming no contact for a year) - you'd wait til they write to you and then respond with it. Also, have you already been to a Claims Management Company or the likes? Some of the responses suggest someone has tried to be clever quoting all sorts of nonsense..... not the sort of things i'd fight for; not only because whoever done it was wrong, but because it's wasting your time and my time.

Best of luck, you need to answer my questions if you can and also consider your next move - whatever you do though, do not jump in and start sending templayes without giving me an update!

Niddy

**sostress** · 7 October 2010, 07:59

Re: sostress UE diary

Originally posted by Never-In-Doubt

Originally posted by sostress

CAHOOT LOAN

Started :26/06/06
Balance : 5662
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 18/10/07
Send CCA

I am unsure about this one as it is a flexible loan cum fixed term loan and as such there is no clear limit, yet all loans should contain the relevant prescribed terms - the main one in question is for fixed sum loans (e.g. bank loans, hire purchase agreements) the agreement must contain "A term stating the amount of the credit". In any case, lets presume that it is UE and see what they come back with. Respond with the following: ---> viewtopic.php?p=1503#p1503

For my next move, please read my reply to Niddy's summary

**sostress** · 7 October 2010, 08:04

Re: sostress UE diary

Originally posted by Never-In-Doubt

Originally posted by sostress

AMERICAN EXPRESS
Started :08/12/05
Balance : 6819
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 05/05/07
Send CCA

This is UE as they have simply sent you some random unsigned terms! No CCA at all... Respond with this: ---> viewtopic.php?p=1623#p1623

:UE

;-y
For my next move, please read my reply to Niddy's summary

**sostress** · 7 October 2010, 08:05

Re: sostress UE diary

Originally posted by Never-In-Doubt

Originally posted by sostress

EGG LOAN
Started :04/05/05
Balance : 19,037
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: DEFAULTED 05/01/07
Send CCA

All you've uploaded is the default notice not the CCA so I cannot advise on this right now. If they have not sent you a CCA then let me know....

Send CCA to your email this morning.
I've also send you the letter that EGG send to the solicitor regarding the UE.

**sostress** · 7 October 2010, 08:09

Re: sostress UE diary

Originally posted by Never-In-Doubt

Originally posted by sostress

BARCLAYCARD
Started :11/06/03
Balance : 5075
date last paid (full amount): OCT 06
Date last paid (DMP):28/09/10
Status: SATISFACTORY
Send CCA

This is UE - no CCA or Prescribed Terms, all they've sent is a set of generic terms - respond with this: ---> viewtopic.php?p=1623#p1623

:UE

;-y

For my next move, please read my reply to Niddy's summary

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