Roomtobreathe's UE diary

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

Only just spotted this! Email will be with you shortly.

No emails from you...?

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

Mrs RTB Bank of Scotland Credit Card as Post #7

The postie has delivered their response to my CCA request and very peculiar it is too.

All printed on A4 paper from an office printer we have 7 sides of a CCA agreement with 8 sides of a Conditions of use agreement. All unsigned of course.

Covering letter tells me they're 'Reconstituted'. They also tell me that a copy of the original signed form is winging it's way to me from their relevant department.

They also warn me about using the services of those dastardly 'claims management companies'

Do we have a UE here? Niddy, let me know if you want me to scan these in for your perusal.

Ta.

You can assume it's UE as its a recon (admitted)... however await the application they claim to send, then we'll take next steps....

[roomtobreathe]

Re: Roomtobreathe's UE diary

This is in relation to the overdrafts right? Can you email me their letter please so I can see what it is they are saying?

Cheers mate

Only just spotted this! Email will be with you shortly.

[roomtobreathe]

Re: Roomtobreathe's UE diary

Mrs RTB Bank of Scotland Credit Card as Post #7

The postie has delivered their response to my CCA request and very peculiar it is too.

All printed on A4 paper from an office printer we have 7 sides of a CCA agreement with 8 sides of a Conditions of use agreement. All unsigned of course.

Covering letter tells me they're 'Reconstituted'. They also tell me that a copy of the original signed form is winging it's way to me from their relevant department.

They also warn me about using the services of those dastardly 'claims management companies'

Do we have a UE here? Niddy, let me know if you want me to scan these in for your perusal.

Ta.

[Never-In-Doubt]

Moved Nationwide Posts

Moved Nationwide Posts

I have moved all your Nationwide Credit Card posts to the protected Legal Claims Against Me section. Check your PM's for details of how to access the section.

best of luck.

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

Anyone got any suggestions for heading Shoosmiths off? Perhaps a letter restating I can't pay more as I haven't got it? I have a feeling that they'll take this all the way to court.

This is in relation to the overdrafts right? Can you email me their letter please so I can see what it is they are saying?

Cheers mate

[roomtobreathe]

Re: Roomtobreathe's UE diary

Anyone got any suggestions for heading Shoosmiths off?

Perhaps a letter restating I can't pay more as I haven't got it?

I have a feeling that they'll take this all the way to court.

[roomtobreathe]

Re: Roomtobreathe's UE diary

Thanks for the letter Niddy!

Bit of an apology, I learnt of the letters when my wife rang me up earlier!

Also the letters were about our overdraft, not the credit card

So, these letters refer to the overdraft in Post 11. To sum up:

• £2650 owed when we shifted everything to another bank account back in August 2010.
• Refused to accept the repayment suggested by CCCS, although we have continued to pay it.
• 13th September, contact us or we issue a default notice.
• 22nd September they issued a default notice. This was registered with the CRAs.
• Today the letter from Shoosmiths, reminding us that Nationwide want it repaid in full and we should contact Shoosmiths to discuss repayment. And if we don't then they'll issue court proceedings in 14 days.

In all cases they have sent to myself and Mrs RTB as it's a joint account.

We also have the joint mortgage with the Nationwide as well as the credit card.

Suggestions anyone?

Sorry for the confusion earlier.

[Fribourg]

Re: Roomtobreathe's UE diary

I will follow this thread with real interest, I'm dealing with those ShoosMuppets too.

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

Shoosmiths have now sent a letter giving 4 days or cu in court. Likely that letters have crossed in post or NW haven't notified Shoosmiths.Shall I wait or should I let Shoosmiths know that I've sent NW a CCA request?

You should send the bespoke template below, to shoosmiths :niddy

Interesting to note that they've given you 4 days - that just aint enough! Muppets

Remember to edit the date and the element where I call them "Original Creditor" (replace with Nationwide) & send a copy of the CCA Request that you issued Nationwide..... Send this special delivery if you have a spare fiver, or send it recorded - however i'd try and send it special if you can.....

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account and your recent letter, the content of which has been noted and disregarded as the utter nonsense that it is. I'd just like to start by asking, where does it say that 4 days is an acceptable time frame for anyone to defend any claim of legal action? Point of fact, we both know it's impossible to write a letter, send it and expect the recipient to read, acknowledge and defend any claims, in a period of 4 days. Please, don't waste your time issuing any more idiotic threats as they will be kept and used against you, if necessary.

Now, first things first - this account is formally in dispute with the original creditor as I have recently sent them a CCA request in line with s.78 (CCA1974), a copy of this request is attached for your perusal. However, as a result of this outstanding request, I must make you aware that any action or threat of action by you is unlawful, in line with current OFT guidelines; it is also considered a direct breach of the Consumer Credit Act.

As you are no doubt aware, if you continue to harass me then you'll not only be breaching the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request (as it was sent on xx/xx/2011); enforcement action is not permitted in line with s.127(3) of the CCA1974.

Need I remind you of the law? In particular the remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, or at least a genuine "true copy"; ergo we're back at square one - all I ask is for you to provide me a copy of the original agreement.

You should also be aware that the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

Yours faithfully


Sign digitally

I have added this template to the Niddy Specials section here: ---> Threat of Legal Action - CCA Request in Default

[roomtobreathe]

Re: Roomtobreathe's UE diary

Nationwide Overdraft

CCA request sent and confirmed received. Shoosmiths have now sent a letter giving 14 days or cu in court. Likely that letters have crossed in post or NW haven't notified Shoosmiths. Shall I wait or should I let Shoosmiths know that I've sent NW a CCA request?

I have to say that knowing your rights and having a forum like this to help certainly takes the stress levels down to zero!

[roomtobreathe]

Re: Roomtobreathe's UE diary

Mr and Mrs RTB joint

Nationwide Flexaccount
Started 19/12/96
Default £2692
Defaulted 15/10/10
Current Balance £2682

13/09/2010 Refusal of CCCS DMP
19/08/2010 Statement
16/10/2010 KPR formal demand
20/09/2010 Statement
22/09/2010 Official Default notice
29/10/2010 KPR offering discount
12/11/2010 Final Notice FKPLBA
20/12/2010 Statement
17/02/2011 Letter from Shoosmiths, pay in 14 days or cu in court
19/02/2011 Statement
28/02/2011 Telephone call from Shoosmith, willing to accept £83.20, told them can only pay what CCCS calculated, about a quarter of that.
08/03/2011 His and hers Northampton court forms
10/03/2011 His and hers pay up or court letters
19-Apr-2011 Judgement for Claimant
10-May-2011 His and hers General Form of Judgement, set aside
10-May-2011 His and hers notification of transfer
15-Jun-2011 His and hers make offer letter from shoosmith
20-Jun-2011 Phone call to shoosmiths unable to make offer
8-Aug-2011 court attendance letters
17-Aug-2011 Statement of costs
7th Sep-2011 Order
25-Oct-2011 Charging order N379, N86 from Shoosmiths
26-Oct-2011 B136(CO) notice to register restriction from Weymouth Land Registry
7-Dec-2012 Copy of CO from Shoosmiths


Refused to accept our repayments through CCCS ( still took them ) and have now defaulted us both with the CRAs.

Bastards.

[roomtobreathe]

Re: Roomtobreathe's UE diary

Mrs RTB

Barclaycard
Started 1987 maybe? This card isn't showing in Experian or Equifax, not even as a past association!
Balance £9000
Not adding interest

07/11/2010 DMP acceptance
3-Dec-2010 Statement
6-Jan-2011 please keep up payments (reduced cccs)
3-Feb-2011 Statement
3-Mar-2011 payments
5-Apr-2011 Statement
5-May-2011 Statement
3-Jun-2011 Statement
6-Jun-2011 keep paying (reduced cccs)
5-Jul-2011 Statement
5-Jul-2011 Statement
5-Oct-2011 Statement with default sum notice
3 Nov 2011 Default Notice under S87 from Mercers
5 Dec 2011 Statement
13/12/2011 Power2Contact letter
16/12/2011 P2C visit
05/01/2012 Mercers 48 hours or we pass to local DCA

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

Hiya

Egg, HBOS & NW are the only three you could consider UE on anyway - the others are after 04/2007 meaninf s.127(3) is repealed so cannot pursue UE that easily....

[roomtobreathe]

Re: Roomtobreathe's UE diary

Mrs RTB

Bank of Scotland Credit Card
Started 16/09/04
Balance £9106
Adding interest

20/10/2010 Call us now letter
27/10/2010 Amount you owe
10/11/2010 Default Notice
17/11/2010 Statement
18/11/2010 Looks like a notice of default but not sure
23/11/2010 Letter ref L3802 advising of debt transfer to a DRA. Also going to record this on a CRA
08/12/2010 Demand for payment from Albion Collections
12/12/2010 Account not brought up to date, may send collector
16/12/2010 Statement
19/12/2010 Demand for payment from Albion Collections
30/12/2010 Albion pay now letter
12/01/2011 power2contact doorstep threat letter
09/01/2011 Albion pay up letter
18/01/2011 Statement
19/01/2011 Default notice
19/01/2011 Albion payup letter
24/01/2011 Doorstep visit from power2contact
12/02/2011 CCA Request sent
24/02/2011 Documents received - 7 sides of a 'credit card agreement' together with 8 sides of a 'conditions of use' all printed on A4 paper.
16/02/2011 Statement
21/02/2011 Recon old and current terms
01/03/2011 Copy of orig signed app form
17/03/2011 Statement
18/03/2011 CCA74 notice of default sums
09/05/2011 Statement
18/05/2011 Statement
31/12/1899 Details of payments ot received last 2 months
24/05/2011 Blair Oliver Scott require payment
25/05/2011 BLOS Thank you for payment, pay up
06/06/2011 BLOS £5 acceptable
09/06/2011 No doorstep visit letter
23/11/2011 BOS letter payment plan in arrears
05/12/2011 BLOS Repayment plan in arrears (last payment Sep)
16/12/2011 Statement
19/12/2011 BLOS Do not ignore letter
06/01/2012 Unenforcability template sent - This was returned from Hlifax despite being sent to BLOS (Halifax also included the env and letter).
12/01/2012 BLOS immediate action required or else