Roomtobreathe's UE diary

[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.

Regards to the letter you uploaded, just ignore for the time being....

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

I've seen them and responded to your thread btw

[swanfan]

Re: Roomtobreathe's UE diary

I have scanned the court forms for the NW overdraft, but can anyone remember what I do with them to get them into the protected content area?

Ta.

Hiya

Read here--> http://forums.all-about-debt.co.uk/s...ead.php?t=1230

Start your thread here--> http://forums.all-about-debt.co.uk/f...play.php?f=169

How to add your agreement to a post see here--> http://forums.all-about-debt.co.uk/showthread.php?t=993

[roomtobreathe]

Re: Roomtobreathe's UE diary

I have scanned the court forms for the NW overdraft, but can anyone remember what I do with them to get them into the protected content area?

Ta.

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

Thanks Niddy, I'll PM Paul and see if he can offer any advice.

He works for our partner solicitor remember - best person to ask, i'd say

[roomtobreathe]

Re: Roomtobreathe's UE diary

Thanks Niddy, I'll PM Paul and see if he can offer any advice.

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

If you've been paying all along then they cannot take action so you'd apply for set-aside.

Am I mis-reading this?

In any case, may be worth contacting Paul. and see what he says....? You have the details already don't you?

[roomtobreathe]

Re: Roomtobreathe's UE diary

According to the CCCS Shoosmiths are now the recipients of my cash for the Nationwide o/d.

Mrs RTB has rung through as we've received a letter from Shoosmiths saying that they have initiated court action with default action being made on the 29th March, sort of thing, unless we reply.

Account is payable, no doubt about that, so what's the best course of action? Allow this to become a CCJ by default and then apply for a redetermination?

All suggestions welcome!

Worth moving this particular account to the protected section? I'll scan in the letter when I get in.

[roomtobreathe]

Re: Roomtobreathe's UE diary

My last statement with CCCS showed the o/d payments going to Nationwide. Logging in the recipient is now marked as Shoosmiths so they'll be receiving the cash via CCCS with March's payment.

Nationwide have consistently refused to accept the DMP both for the o/d and cc, although partial payments have always been maintained by me via CCCS.

Everything is staying in place as I feel better with a consistent payment record should I need to ask for a redetermination hearing with any court action, such as with the Nationwide cc, and I always felt that it would look better as in

You know if you're making payments to them, they cannot take any formal action - well they can, but it'd be frowned upon you know!"

Payments have always been made on the Nationwide cc via CCCS but it hasn't stopped then from initiating court action.

It would seem that Shoosmiths are now a fully paid up member of the DCA pondlife club.

Would be good to know what they're up to though.

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

Nationwide o/d on flexaccount

See Post #12

Just logged into my CCCS debt plan and I've noticed that CCCS are now paying Shoosmiths my repayments to Nationwide.

I've not had any notification from Nationwide or Shoosmiths to this effect.

Any idea what they're up to or even if this should have happened?

How long has this being going on for? You know if you're making payments to them, they cannot take any formal action - well they can, but it'd be frowned upon you know!

No idea why they are doing this.... maybe ask CCCS - but are you leaving it in place or cancelling it?

[roomtobreathe]

Re: Roomtobreathe's UE diary

Nationwide o/d on flexaccount

See Post #12

Just logged into my CCCS debt plan and I've noticed that CCCS are now paying Shoosmiths my repayments to Nationwide.

I've not had any notification from Nationwide or Shoosmiths to this effect.

Any idea what they're up to or even if this should have happened?

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

I thought it was. . Thanks for checking.

Anyway, the other day had just finished talking to Paul when the phone rang again with 'number with-held', assumed it was Paul again but it wasn't. It was Katie from Shoosmiths. Sneaky barstewards.

Had a chat anyway, she told me that they will stay legal action if I double the monthly amount I'm repaying. Which I can't, haven't got it.

So it looks as if this is off for a CCJ then I can discuss how to pay it with the courts and hopefully I'll get an affordable repayment. Which will hopefully be less than I'm paying now.

Pressing them further they did seem unaware that I was paying through CCCS, both for the O/D and the credit card. Maybe they haven't been doing their homework.

Still, we'll see what the postie brings in the next day or two.

Hiya

Ok fair point, at the end of the day you can always opt for a redetermination anyway. That way you only have to pay what the court think you can afford.

best of luck..... sorry I can't offer any other advice, although no harm in asking paul if they have missed anything regulatory that may help you to beat them should you defend any possible action? Its really up to you......

[roomtobreathe]

Re: Roomtobreathe's UE diary

I thought it was. . Thanks for checking.

Anyway, the other day had just finished talking to Paul when the phone rang again with 'number with-held', assumed it was Paul again but it wasn't. It was Katie from Shoosmiths. Sneaky barstewards.

Had a chat anyway, she told me that they will stay legal action if I double the monthly amount I'm repaying. Which I can't, haven't got it.

So it looks as if this is off for a CCJ then I can discuss how to pay it with the courts and hopefully I'll get an affordable repayment. Which will hopefully be less than I'm paying now.

Pressing them further they did seem unaware that I was paying through CCCS, both for the O/D and the credit card. Maybe they haven't been doing their homework.

Still, we'll see what the postie brings in the next day or two.

[Never-In-Doubt]

Re: Roomtobreathe's UE diary

On it's way!

Hiya,

Ok that threat kinda looks half real, so its up to you what you want to do next? You can either risk them taking action (possible ccj) or you could email that Katie @ Shoosmiths with some arrangement - but whatever you do, I cannot really offer much advice as it is a bank overdraft which is CCA1974 exempt and more importantly they are repayable on demand - no default etc need be issued.

Its a lose lose with this i'm afraid matey

[roomtobreathe]

Re: Roomtobreathe's UE diary

On it's way!