stuffthebanks' UE diary

[stuffthebanks]

Re: Stuff the banks ue diary

Before i go on the UE route with MBNA and Capital One i needed to know if my cca's are good or bad....so i have just emailed the 2 just received .
....

Sent to the secure document database instead for Niddy......

[stuffthebanks]

Re: Stuff the banks ue diary

I have taken out the bits that didn't apply to my account....and adapted to suit my position....
If its pants, can you let me know before i send it....
e

write with reference to the above numbered account.
The recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA. In MBNA v McCullagh; the Judge ruled;
"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)"
There are also several other recent cases that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement. In Murphy v Cabot the recorder, Nigel Clayton, found the copy of the agreement was illegible. Similarly, in Paterson v Cabot Judge Russell decided the copy of that agreement was illegible, the terms and conditions were not the ones originally supplied. In both the Cabot cases they lost as they had clearly failed to produce a properly reconstituted document.
I therefore suggest you go away and stop harassing me with such nonsense. If you really want to waste my time, the courts time and your clients time by pursuing this "lost cause" then please feel free - however this will be emphasised when I apply for set-aside, moreso because I am telling you the law and telling you that whilst an account is in dispute no formal action can and should be taken.
I shall be citing the following reasons; to get any formal request made by you, or your solicitors, set-aside:
. Similarly, in line with the most recent OFT Guidance surrounding unenforceability (October 2010), you should 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
• The document sent to me by the original creditor ‘ Argos’ is merely an application form.
• The original creditor ‘Argos’ has also failed to supply me with a SAR which i applied for on 5th December 2011.
•
I have made myself crystal clear, now I suggest you go and pass this account back to the Original Creditor and stop with the bullying tactics, they will not work; also stop wasting my time. If you decide to ignore my dispute and attempt enforcement, I will initiate formal complaints 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

[stuffthebanks]

Re: Stuff the banks ue diary

Up to you ....just saying that I would send it...!!!!!

Thanks Itd,
I think on reflection i should respond.
Will send out on Monday.
Cheers once again..

[Deepie]

Re: Stuff the banks ue diary

Hello Itd, thanks for your reply....
I'm not sure about that response to be honest....bearing in mind i have not made any sort of contact with them at all.
I was thinking leave it and see what they send next, bearing in mind i still have not received the SAR from Argos.The OC..and thats been nearly 60 days now......
Do you think silence is not the way to go from now onwards then??
Cheers.

Up to you ....just saying that I would send it...!!!!!

[stuffthebanks]

Re: Stuff the banks ue diary

I Would send this...>....
Threat by Creditor - To Commence Litigation

Hello Itd, thanks for your reply....
I'm not sure about that response to be honest....bearing in mind i have not made any sort of contact with them at all.
I was thinking leave it and see what they send next, bearing in mind i still have not received the SAR from Argos.The OC..and thats been nearly 60 days now......
Do you think silence is not the way to go from now onwards then??
Cheers.

[stuffthebanks]

Re: Stuff the banks ue diary

Just received responses from CAPITAL ONE and MBNA to my CCA requests....
Any chance you can take a look Nid....
Steve

[Deepie]

Re: Stuff the banks ue diary

Argos card

Started: September 2001
Balance: £1053..
Last payment made £10.00 October 2011
Not paying anything at all
Status: Argos sold to Lowell's on 3/11/2011

30/11/2011 ..Letter of sale from Argos..and Lowell introduction letter received.
5/12/11....CCA and SAR request sent to Argos
12/12/11...LETTER RECEIVED FROM LOWELL..we are here to help..I do not reply...
22/12/11...CCA request received from Argos....Its an application form.... unenforceable.....
23/12/11..Letter from Lowell...We want to help you clear your account.....I do not reply
3/1/12...We would like to help you free up your finances...I do not reply
13/1/12...Statement of account from Lowell....Showing a payment of £30.00 not sure where it came from....Do not reply..
16/1/12..We can still help you....What you could face if we don't hear from you....Do not reply...
1/2/12...Letter from Lowell's....Our next steps....this is the last time they will contact me,it will be passed on to Red next...(Surprise,surprise)Also they drone ofn about taking me to court to petition for bankruptcy....Is that a threat??????
Its not too late to make them an offer...
Still ignore....any thoughts???
17/2/12..Just back from a break,and letter received from Red...threats to apply to the courts for CCJ...or if account meets certain criteria apply for a statutory demand....I wont respond..unless anyone thinks otherwise???

I Would send this...>....
Threat by Creditor - To Commence Litigation

[stuffthebanks]

Re: Stuff the banks ue diary

Very catalogue

Started : July 2004...Account started back in 2001 as Argos,then changed to Argos Additions,Then Additions and finally to Very...
Original account as Argos back in 2001
Balance:£1804
Last payment:November 2012 £30.00
Now paying:Nothing

Status:No CCA PRODUCED..Account in default

Financial difficulties meant the £120 per month could no longer be met..so....I will try to be as precise as possible..

30/8/11..Arrears collection dept..Account is in arrears.
5/9/11...Letter sent to Very asking for help in reduced payments.
Income and expenditure also sent.
12/9/11..Letter sent to Very..Telephone harassment letter sent.
13/9/11...Letter from Very...Unable to accept my proposals..
16/9/11...Letter from arrears collection dept.
22/9/11..Letter sent to Very..telling them they are being unreasonable.
26/9/11..Letter from arrears collection dept.
28/9/11..Letter from Very...Unable to accept payment proposals
7/10/11..Letter from Very...unable to accept proposals..
7/10/11..Take me to court template letter sent to Very.
10/10/11..Letter to Very...Telephone harassment template sent to Very.
13/10/11...Letter from Very..Acknowledgement of complaint from Very.
18/10/11...Letter sent to Very...Another complaint regarding phone calls and the ignorance in response to our financial situation.
20/10/11...Letter from Very...regarding my recent letter..its all down to the auto dialler...and we need to ring to arrange payment plan...
We did ring..and they would not accept payment offer,and that we could only set up plan through someone that manages a DMP....
10/11/11..CCA and SAR request sent to Very..
24/11/11...Letter from Very...They have agreed a payment plan of £30.00 per month,and interest frozen for 12 months.
5/12/11....CCA default letter sent to Very..
22/12/11...SAR received from Very...
14/1/11..Usual monthly statement received from Very...no charges showing...
4/1/12...Acknowledgement of my putting account into default because of no CCA..
1/2/12...Letter from Very...Further to the letter sent on 4th Jan..investigation continuing and final response by 28th Feb..
17/2/12..Normal statement received....no charges added...but acknowledge a failed payment from January...

[stuffthebanks]

Re: Stuff the banks ue diary

Argos card

Started: September 2001
Balance: £1053..
Last payment made £10.00 October 2011
Not paying anything at all
Status: Argos sold to Lowell's on 3/11/2011

30/11/2011 ..Letter of sale from Argos..and Lowell introduction letter received.
5/12/11....CCA and SAR request sent to Argos
12/12/11...LETTER RECEIVED FROM LOWELL..we are here to help..I do not reply...
22/12/11...CCA request received from Argos....Its an application form.... unenforceable.....
23/12/11..Letter from Lowell...We want to help you clear your account.....I do not reply
3/1/12...We would like to help you free up your finances...I do not reply
13/1/12...Statement of account from Lowell....Showing a payment of £30.00 not sure where it came from....Do not reply..
16/1/12..We can still help you....What you could face if we don't hear from you....Do not reply...
1/2/12...Letter from Lowell's....Our next steps....this is the last time they will contact me,it will be passed on to Red next...(Surprise,surprise)Also they drone ofn about taking me to court to petition for bankruptcy....Is that a threat??????
Its not too late to make them an offer...
Still ignore....any thoughts???
17/2/12..Just back from a break,and letter received from Red...threats to apply to the courts for CCJ...or if account meets certain criteria apply for a statutory demand....I wont respond..unless anyone thinks otherwise???

[stuffthebanks]

Re: Stuff the banks ue diary

I will keep the manure ready then guys.....ignore for now it is....

[Never-In-Doubt]

Re: Stuff the banks ue diary

Ignore for now. It's more ammunition

[stuffthebanks]

Re: Stuff the banks ue diary

Thanks I2d...
Thing is the debt was sold before i applied for the cca and SAR...
Now the cca is unenforceable,as you guys have already looked at that...but i still await my SAR which is over 40 days now.
Every bone in my body is screaming out to go to Lowell's and tip a ton of manure right on there doorstep,but i still think ignoring is best...they do not know of the failure to produce the SAR,and i dare say they are unaware of the crappy CCA.....
What do you think....Manure or ignore??????
Steve

[Deepie]

Re: Stuff the banks ue diary

Argos card

Started: September 2001
Balance: £1053..
Last payment made £10.00 October 2011
Not paying anything at all
Status: Argos sold to Lowell's on 3/11/2011

30/11/2011 ..Letter of sale from Argos..and Lowell introduction letter received.
5/12/11....CCA and SAR request sent to Argos
12/12/11...LETTER RECEIVED FROM LOWELL..we are here to help..I do not reply...
22/12/11...CCA request received from Argos....Its an application form.... unenforceable.....
23/12/11..Letter from Lowell...We want to help you clear your account.....I do not reply
3/1/12...We would like to help you free up your finances...I do not reply
13/1/12...Statement of account from Lowell....Showing a payment of £30.00 not sure where it came from....Do not reply..
16/1/12..We can still help you....What you could face if we don't hear from you....Do not reply...
1/2/12...Letter from Lowell's....Our next steps....this is the last time they will contact me,it will be passed on to Red next...(Surprise,surprise)Also they drone ofn about taking me to court to petition for bankruptcy....Is that a threat??????
Its not too late to make them an offer...
Still ignore....any thoughts???

I Would send this now...> Account Sold whilst in Dispute

[stuffthebanks]

Re: Stuff the banks ue diary

Argos card

Started: September 2001
Balance: £1053..
Last payment made £10.00 October 2011
Not paying anything at all
Status: Argos sold to Lowell's on 3/11/2011

30/11/2011 ..Letter of sale from Argos..and Lowell introduction letter received.
5/12/11....CCA and SAR request sent to Argos
12/12/11...LETTER RECEIVED FROM LOWELL..we are here to help..I do not reply...
22/12/11...CCA request received from Argos....Its an application form.... unenforceable.....
23/12/11..Letter from Lowell...We want to help you clear your account.....I do not reply
3/1/12...We would like to help you free up your finances...I do not reply
13/1/12...Statement of account from Lowell....Showing a payment of £30.00 not sure where it came from....Do not reply..
16/1/12..We can still help you....What you could face if we don't hear from you....Do not reply...
1/2/12...Letter from Lowell's....Our next steps....this is the last time they will contact me,it will be passed on to Red next...(Surprise,surprise)Also they drone ofn about taking me to court to petition for bankruptcy....Is that a threat??????
Its not too late to make them an offer...
Still ignore....any thoughts???

[stuffthebanks]

Re: Stuff the banks ue diary

Very catalogue

Started : July 2004...Account started back in 2001 as Argos,then changed to Argos Additions,Then Additions and finally to Very...
Original account as Argos back in 2001
Balance:£1804
Last payment:November 2012 £30.00
Now paying:Nothing

Status:No CCA PRODUCED..Account in default

Financial difficulties meant the £120 per month could no longer be met..so....I will try to be as precise as possible..

30/8/11..Arrears collection dept..Account is in arrears.
5/9/11...Letter sent to Very asking for help in reduced payments.
Income and expenditure also sent.
12/9/11..Letter sent to Very..Telephone harassment letter sent.
13/9/11...Letter from Very...Unable to accept my proposals..
16/9/11...Letter from arrears collection dept.
22/9/11..Letter sent to Very..telling them they are being unreasonable.
26/9/11..Letter from arrears collection dept.
28/9/11..Letter from Very...Unable to accept payment proposals
7/10/11..Letter from Very...unable to accept proposals..
7/10/11..Take me to court template letter sent to Very.
10/10/11..Letter to Very...Telephone harassment template sent to Very.
13/10/11...Letter from Very..Acknowledgement of complaint from Very.
18/10/11...Letter sent to Very...Another complaint regarding phone calls and the ignorance in response to our financial situation.
20/10/11...Letter from Very...regarding my recent letter..its all down to the auto dialler...and we need to ring to arrange payment plan...
We did ring..and they would not accept payment offer,and that we could only set up plan through someone that manages a DMP....
10/11/11..CCA and SAR request sent to Very..
24/11/11...Letter from Very...They have agreed a payment plan of £30.00 per month,and interest frozen for 12 months.
5/12/11....CCA default letter sent to Very..
22/12/11...SAR received from Very...
14/1/11..Usual monthly statement received from Very...no charges showing...
4/1/12...Acknowledgement of my putting account into default because of no CCA..
1/2/12...Letter from Very...Further to the letter sent on 4th Jan..investigation continuing and final response by 28th Feb..