mehim's UE Diary

[CleverClogs (RIP)]

Re: mehim's UE Diary

I was actually looking for some Scots statute giving Scots householders the right to pour melted lead over trespassing Englishmen, or something of the sort.

[Mehim]

Re: mehim's UE Diary

Tesco Credit Card

Start: 2006 corrected to 2003
Balance: £7,500
Last Full: Paying
Status: Up to date

2012

Feb 10th:
CCA request letter sent.

Feb 24th: No response to my CCA request. Ignoring till they respond.

March 17th:
Letter with CCA received. I`m not too sure what pages I should be emailing Niddy.

EMAILING NIDDY

March 21st:
2 letters from Tesco, lucky me.
First is telling me they haven`t received a payment. Please contact them.
Second is a default sum notice for £12. That wont be paid either.

Niddy is checking the CCA I got from them regarding this card.

Niddy says

March 27th:
Sent missing pt template letter
March 27th:
Letter from them, Contact us urgently to discuss this account. They also called, I told them to bugger off and put it in writing
April 7th:
Letter telling me I haven`t paid.
April 11th:
Letter wanting me to contact them urgently.
April 19th:
Letter , Notice sent because I am behind with payments.
April 19th:
Letter, Default Sum Notice.

Hello Folks,
another couple of letters from them which I think I should just ignore.

TY

[Mehim]

Re: mehim's UE Diary

Even the alleged debt to Tesco might not be enforceable.

Whilst rummaging through the Acts of the Auld Scottish Parliament, I found the Citation Act 1693 (link) which has not been repealed and which therefore is still part of Scots Law.

Hi CC,

way over my head lol, I`d have preferred the boiling lead solution mind you.

TY

[Mehim]

Re: mehim's UE Diary

MBNA Credit Card

start : Sept 2004 Correction Sept 1994
bal : £15,000
last full : Sept 2009
present : not paying
status : default. Copy of original Application

dca : Experto Credite, Claim Management Consultants

2009

Feb 25th
I contacted a Claims Management Company
Mar 15th
I agreed to sign up for 3 cards
Mar
Letter from CMC advising me claim was going ahead and not to sign anything from MBNA, to pass all correspondence from MBNA to them ASAP
May 26th
Letter from CMC saying nothing had been received from MBNA. They wrote telling them it was unenforceable as MBNA had not complied within the time limit. Told me I could stop paying but would get loads of hassle. I kept paying meantime.
Loads of calls from MBNA which I stonewalled referring them to the CMC
Aug 26th
Letter from solicitors acting on behalf of the CMC informing me that they would be writing to MBNA asking for the account to be cancelled, if not they would be raising a court action
Oct 1st
Letter from CMC saying they had the paperwork from MBNA and the agreement was unenforceable. Again said I could stop paying it but I would get loads of hassle and they would default me. I stopped paying

2010

Loads of call which I was happy dealing with.
Jan 15th
Threatogram from MBNA CCJ, Sheriff Court etc
Feb 4th
Nice letter offering help
March 8th
Threatened default if I didn`t pay
April 8th
Letter informing me that this would soon be written off as a bad debt and a default registered against me.
April 15th
Another letter (it is not too late to stop this happening). Threatened default and recovery action. Also calls offering discount.
May 7th
Letter informing me a default will register for 6 years. Also offering to consider settling the account at a lower amount. Letter was also confirmation of an impending default and contact from third party if I didn`t accept one of the aforementioned options.
June 4th
Default notice sent on the 4th, remedy date 22nd. On or after this date account will be terminated (Account actually sold to Experto 16th June). Got this from uncompleted SAR response from MBNA at a later date.
June 30th
Experto Credite appeared 30th June with a letter saying Varde Investments (Ireland) Ltd were now the legal owners. Asked me to call them.
July 15th
Experto offered to negotiate a favourable discounted settlement figure.
Sept 16th
Home Owner Notification

2011

Jan 21st
HL Legal for experto 7 days to pay or else.
March 29th
Panic Stations Letter from accountancy firm informing me that the CMC dealing with this for me had gone down the tubes.
March 30th
Letter to Accountants asking for my money back was ignored. Solicitor had already advised me there was no money.
April 13th
Bigger panic Letter from solicitors acting for the CMC, basically saying as there was no longer an indemnity, they could not advise me to go to court.
April 20th
Letter from me to CMC, that went bust, returned, no longer there.
April 15th
HL Legal telling me they had instructions to issue proceeding at County Court.
April 28th
Experto threatogram re doorstep visit. I wrote to them advising what the CMC solicitor had said regarding winning in court.
May 5th: Experto wrote saying they would check with MBNA regarding my dispute.
May 10th
Took stock, decided after reading all the bumph from MBNA and friends that if they were so sure of their facts, they would have taken action 2 years ago. Decided to fight on.
July 5th
Experto wrote saying MBNA confirms that there is no dispute.
Aug 18th
Sent SAR to MBNA asking for original agreement, statements and a lot more.
Aug 23rd
Letter from MBNA saying they were unable to locate the account, asked me for DOB etc.
Aug 30th
I replied giving some information to MBNA, also asked why they didn`t know who I was as all their mail came to the same address.
Aug 25th
Experto wrote regarding the SAR I sent MBNA informing me that they, Experto did not have the original agreement.
Aug 26th
Another threatened doorstep visit.
Aug 31st
Letter to Experto re unavailable data.
Sep 8th
I must have mentioned a notice of assignment (never received).
Got one from Experto on MBNA headed paper undated. and a letter on Experto headed paper undated saying they now owned the account.
Sept 27th
Uncompleted SAR sent from Experto.
Oct 14th
Credit Management Consultants wrote saying the account had been escalated to them. Threatened doorstep visit.
Oct 23rd
I wrote to Credit Management telling them the account was in dispute.
Oct 25th
Uncompleted SAR received from MBNA.
I wrote informing them there was no signed copy of an agreement only a signed application form. Threw Ezsias v Welsh Ministers (2007) at them.
Nov 2nd
Disk with all calls to and from Experto.
Nov 2nd
Letter to CMC Account in dispute.
Nov 2nd
Sent letter to MBNA re no CCA, telling them the account was in dispute still.
Nov 9th
Experto replied to the above letter, Asking for my proposals re payment.
Nov 16th
Replied to Experto informing them still no original CCA.
Nov 18th
Another letter from Experto apologising for their numpties telling me the agreement (which they don`t have) was enforceable when only a court could decide this.
Nov 30th
More threats from my new friend Credit Management Consultants. re Bailiff`s warrant, Attachment of earnings, Charging Order.

2012

Jan
Experto called once and said in the convo that they didn`t know who Credit Management Consultants were.They mentioned a letter sent in December which I never got. They said they would now send it recorded delivery, I am still waiting.
Jan 31st
Further letter to MBNA re SAR.
Feb
Still no further response from MBNA, I warned them I will be making a complaint to all the relevant authorities..

That is it to date.

EMAILING NIDDY

Feb 10th
CCA Request sent, bit late but what the hell. They will be even more confused than me
Feb 24th
No response to my CCA request. Ignoring till they respond.
Niddy says

March 28th:
Letter from Experto with a CCA, same one MBNA sent in the SAR I asked them for.
I didn`t send a CCA request to Experto, that went to MBNA as the OC. I also corrected the issue date of the card.

EMAILING NIDDY

Niddy says still

March 30th:
Telephone harassment letter sent to CMC.
April 7th:
Letter from Experto apologising for any distress and inconvenience caused.
April 20th:
Letter received from MBNA re cca and account statements. Telling me to contact Experto for the CCA and statements are £4.00 per copy, they enclosed a list of all transaction. Please call if you require copies of the statements.

Evening Folks.
I will only post this once but it applies to both MBNA cards.

Latest from MBNA. Wankers were SAR`ed 18th August 2011, follow up letter 2nd November and then 31st January 2012.
The original SAR specifically asked for full statements since the inception of both accounts.

I believe they must supply them and that this is paid for in full with the original £10.00 SAR fee as I did ask for this information at the time.

Think I need a special to smack them with lol.

TY

[Mehim]

Re: mehim's UE Diary

Tesco Credit Card

Start: 2006 corrected to 2003
Balance: £7,500
Last Full: Paying, Well I was.
Status: Up to date, not paying now.

2012

Feb 10th:
CCA request letter sent.

Feb 24th: No response to my CCA request. Ignoring till they respond.

March 17th:
Letter with CCA received. I`m not too sure what pages I should be emailing Niddy.

EMAILING NIDDY

March 21st:
2 letters from Tesco, lucky me.
First is telling me they haven`t received a payment. Please contact them.
Second is a default sum notice for £12. That wont be paid either.

Niddy is checking the CCA I got from them regarding this card.

Niddy says

March 27th:
Sent missing pt template letter
March 27th:
Letter from them, Contact us urgently to discuss this account. They also called, I told them to bugger off and put it in writing
April 7th:
Letter telling me I haven`t paid.
April 11th:
Letter wanting me to contact them urgently.
April 19th:
Letter , Notice sent because I am behind with payments.
April 19th:
Letter, Default Sum Notice.
April 20th:
Letter re them complying with s78.
"I must therefore inform you that we see no reason to enter into further correspondence with you about alleged CCA breaches. If you are not satisfied with this response, you may seek whatever legal redress you consider open to you"
They do not consider the account to be in dispute.

Evening Folks,

Latest regarding Tesco. Not too sure what I do with this one.

TY

[Pixie]

Re: mehim's UE Diary

It depends how much you are prepared to blag it. You can
a)ignore
b) send Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status just to try to confuse them
c)make an arrangement to pay.

[Mehim]

Re: mehim's UE Diary

It depends how much you are prepared to blag it. You can
a)ignore
b) send Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status just to try to confuse them
c)make an arrangement to pay.

Hello Pixie,

the bit I kinda like is them saying I can take whatever legal redress I want, makes me think they might not be prepared to do it themselves.

a) I`m tempted.
b) They can be confused some more.
c) Would be £1.00 a month (save this one for a later date if needed.)

I`ll go for b and see what happens.

Many thanks for the reply.

[Never-In-Doubt]

Re: mehim's UE Diary

Ok keep us updated and if they threaten too hard PM me

[Mehim]

Re: mehim's UE Diary

Evening Boss,

I will do but they seem a tad reluctant, takes them ages to answer anything I send on your advice.

Regarding the MBNA cards, should I be sending them a stinker, telling them I have paid the tenner, send me the info or i`m gonna rip yer guts out?

TY

[Never-In-Doubt]

Re: mehim's UE Diary

Regarding the MBNA cards, should I be sending them a stinker, telling them I have paid the tenner, send me the info or i`m gonna rip yer guts out?

For the SAR? When did you send it...?

[Mehim]

Re: mehim's UE Diary

SAr was sent 18th August 2012, they sent some info, I sent a reminder 2nd November, then 31st January.

In the original SAR I asked for all statements from inception of both accounts. They now are telling me it`s £4.00 a statement. Post# 229

TY

[Never-In-Doubt]

Re: mehim's UE Diary

SAr was sent 18th August 2012, they sent some info, I sent a reminder 2nd November, then 31st January.

In the original SAR I asked for all statements from inception of both accounts. They now are telling me it`s £4.00 a statement. Post# 229

TY

Hmmm, why do you need the SAR? Is it worth pushing if they're not hassling you too much - just asking as not been in diaries for a while.

[Mehim]

Re: mehim's UE Diary

I was annoyed at them saying they wanted £4.00 a statement, when they should have supplied them all with the SAR. They sold the accounts to Varde who had experto chasing me, then Claims, management Consultants. Experto have since sold the Virgin/MBNA to Aktiv, but kept the other one. Both have default notices which never allowed the correct time for remedy. Think I said somewhere I got that from the partial SAR`s that MBNA did send me.
TY

[Mehim]

Re: mehim's UE Diary

They sent me a list of all transactions for both cards, I spotted some late charges on them, with all the statements I can check everything incase I need that information

TY

[Never-In-Doubt]

Re: mehim's UE Diary

I was annoyed at them saying they wanted £4.00 a statement, when they should have supplied them all with the SAR. They sold the accounts to Varde who had experto chasing me, then Claims, management Consultants. Experto have since sold the Virgin/MBNA to Aktiv, but kept the other one. Both have default notices which never allowed the correct time for remedy. Think I said somewhere I got that from the partial SAR`s that MBNA did send me.
TY

SAR's? You only ever do one SAR - if they fail to send everything you simply complain to the ICO.

However if these are currently UE then don't worry too much about it. Late charges don't mean that much, there is no right and wrong - don't confuse matters with reclaiming PPI.