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  • sostress
    replied
    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

    Leave a comment:


  • sostress
    replied
    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.

    Leave a comment:


  • sostress
    replied
    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

    Leave a comment:


  • sostress
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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....

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • sostress
    started a topic sostress UE diary

    sostress UE diary

    Hello! I've 9 creditors and been on DMP with PayPlan since Nov 2006.
    I would like to know if my CCAs are unenforceable so that I know where I stand when I offer them F&F settlement and hope to remove the defaults on my credit file.

    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


    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


    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


    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


    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


    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


    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


    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


    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

    ;F- ;F- ;F-
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