mehim's UE Diary

[Treadingwater]

Re: mehim's UE Diary



Thats great news Mehim!

Well worth Mrs Mehim doing as she was told

[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.
May 10th:
Statement of Account from Rxperto.

Afternoon Everyone, I hope all are well.

Just a wee update from Experto.
TY

[Mehim]

Re: mehim's UE Diary

Nationwide Credit Card

start : May 2004
bal : £8,000 now £10,400, NOW £9443
last full : Present
present : paying
status : Up to Date

dca : None

2011

Dec 14th
Sent SAR to Nationewide.

2012

Jan 5th
Received a reply, same time asking me what I was actually looking for. Ignored that one.
Jan 26th
Received letter telling me to pick up the SAR contents from the local branch as they couldn`t compare my signature with their records.
Jan 26th
Collected incomplete SAR from local branch. Copy of an application form, no agreement.
Jan 31st
Sent a letter complaining about the uncompleted SAR and requesting the missing information.
Feb 3rd
Letter from nationwide in reply to me asking for a copy of the original CCA and the missing statements.
"You have made reference to a signed original CCA, I am afraid I am uncertain as to what exactly you are referring to. The Consumer Credit Act (CCA) is an act of parliament and while all credit agreements are regulated by this, it is not a separate document Nationwide hold and therefore not classed as personal data that we would be in a position to provide.
In respect of missing statements, Nationwide only hold copies of statements for a period of 6 years and therefore regret that we have no additional statements that we are able to provide."
Feb 8th
Reply sent re numpties letter from Nationwide. Also letter to chief exec making a complaint.

EMAILING NIDDY

Feb 10th
CCA Request sent, bit late but what the hell. They will be even more confused than me.
Feb 14th
Reply from Chief Exec`s office re Numpties letter. Apologies but not a lot of anything else. Copy of the application form sent on it`s own yet again. Still waiting for a reply to the CCA request.
Feb 16th
Letter from NW re CCA request, will send to Niddy for his expert eye to look it over.

EMAILIN NIDDY

Niddy says and still

March 8th:
Letter re late Payment. Opps they noticed I didn`t pay it.
March 17th
Letter re late payment.
March 21st:
Sent telephone harassment letter
March 28th:
Letter apologising for all the calls
April 14th:
Letter from them, Notice of Sums in Arrears. They recommend that I contact them to discuss matters. To make an immediate payment by card call the number given.
April 18th:
Letter received,

Collectors have been instructed to recover the debt you owe.

We have now instructed our collectors to visit your home and collect the amount outstanding and to discuss your financial situation. If you do not pay you will be served with a default notice. Ways to pay on the back of letter.
First one is Card Payment.
April 18th:
Sent doorstep collection threat template letter.
April 25th:
Letter received with Default Notice
May 4th:
Letter with a Statement of Means form, wanting me to fill it in and return so they can assess my financial situation.
May 16th:
Final Demand, if I don`t contact them they will instruct KPR Debt Collectors to recover outstanding amount, they may do a doorstep visit and instruct solicitors to take legal action.

Oh deary me, I am in more trouble. Do I send doorstep threat and the threat of legal action?

Many thanks in advance for the advice.

TY

[Deepie]

Re: mehim's UE Diary

Oh deary me, I am in more trouble. Do I send doorstep threat and the threat of legal action?

Many thanks in advance for the advice.

TY

I Would send this------->Threat by Creditor - Threat-o-Gram Letter Before Action

[Mehim]

Re: mehim's UE Diary

Hi I2D,
many thanks for the response. I checked through all the correspondence with Nationwide and saw I had already sent the doorstep collection one.

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.
April 23rd:
Sent the following to them. Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status
April 24th:
Letter from them. Contact their office urgently to discuss this account. RIGHTTTTTTT
May 10th:
Sending them the telephone harassment template letter.
May 25th:
Another Default Sum Notice.
May 25th:
Covering letter with a default notice. opps, think they did a royal f#ck up. Covering letter tells me a set number of days to remedy the default. Default notice also gives me a set number of days, no actual date.

Evening All,

some more from my friends, I have a feeling they just blew it big time.

TY

[Deepie]

Re: mehim's UE Diary

Have you seen this------->allaboutFORUMS

[Mehim]

Re: mehim's UE Diary

Hi I2D,

Yes I was reading all about default notices the other week. Mine is the same, x number of days and on three occasions it tells me I must take action by the date shown lol.

This was the only enforceable agreement I had.

Thanks for the reply.

[Mehim]

Re: mehim's UE Diary

Afternoon All,

Back in the land of the living. I have a few letters to deal with and will update my diary sometime tonight.

Some wanker did visit the house, left without the doorstep, he is lucky I wasn`t here.

I`ll get updated once I sort out the correspondence.

Hope everyone is well.

[Mehim]

Re: mehim's UE Diary

No 1 Barclaycard/Monument Credit Card

start : Before 2004, Unsure when
bal : £3,000
last full : Present
present : paying
status : Up to Date

dca : None

2011

March 29th
BCard increased my interest rate. I closed the card and asked for a copy of the original agreement. Was told it would be sent.
March 29th
Letter received confirming account closure.
April
Called them asking where the Agreement was that they were sending me.
May 9th
Letter received rabbiting on about s78 request, that they will respond ASAP
May 18th
Copy of Barclaycard T&Cs sent re s78 Request?
May 18th
Recon copy of a Providian National Bank agreement sent re s78 request?
Dec 14th
SAR sent to them

2012

Jan 11th
Uncompleted SAR received.
Jan 16th
Letter to them requesting the missing information from the SAR, re original CCA and all statements among other things. Informed them I will be making a complaint if i do not receive this, also threw Ezias V Welsh Minsters back at them.
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.
March 6th
Letter Acknowledging my request dated 10th Feb. They are dealing with it and will respond asap
March 12th
Late Payment note with statement.
March 19th
Letter reminding me I haven`t paid.
March 21st
Sent Telephone harassment letter
March 29th
Letter informing me they are dealing with my complaint.
April 3rd
Letter from Barclaycard.

RESULT

"We are currently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues."

They have suspended the account because of the significant increased risk that I will cease to make payments. LOL I closed the account a year ago and stopped paying it.

Barclaycard say ya beauty

April 5th
Letter from them with a set of Barclaycard t&c`s, nice of them considering they say it is
April 6th
Another letter from them, saying they have enclosed the information I asked for. Nothing enclosed lol, and no idea which account they mean or what I am supposed to have asked for.
April 14th
Letter (FFS) Reducing my credit limit, also telling me I cant use the card till it is up to date in payments. I closed the account in March 2011
April 27th:
Letter saying they are still looking into my complaint. They will get in touch by 27th May.
April 27th:
Letter about my complaint, apologising for all the calls and they have removed all present and previous numbers from their records.
May 25th:
Letter from Mercers, pillocks. Asking for payment on a card that Barclays have admitted is

Right first update, tits are asking for payment when Barclaycard have said they cannot enforce it, re no agreement.

I was going to send a copy of the letter stating that they couldn`t enforce this.

[Mehim]

Re: mehim's UE Diary

No 4 Barclaycard Credit Card

start : Sept 2004
bal : £2,400
last full : Present
present : paying
status : Up to Date

dca : None

2011

March 29th
BCard increased my interest rate. I closed the card and asked for a copy of the original agreement. Was told it would be sent.
March 29th
Letter acknowledging that they had closed the accounts.
April
Called them asking where the Agreement was that they were sending me.
May 6th
Letter received with Barclaycard T&Cs
May 6th
Same day as above. Letter with a recon Barclaycard agreement.
May 13th
Letter sent account in dispute.
May 19th
Letter received explaining why I was wrong regarding s78?
Dec 14th
Letter sent telling them why they were wrong re timescales. Also sent a SAR
Dec 15th
Letter from them stating they sent me a final response in May, acknowledged the SAR and pointed out the parts of s78 that had been repealed. Tried to intimidate me with "Carey"

2012

Jan 11th
Uncomplete SAR received.
Jan 16th
Letter sent asking for the missing information,, original signed agreement, statements etc. Threw Ezsias v Welsh Ministers and said I would be making a complaint if I didn`t get the information.
Jan 20th
Letter from them
"Further to your recent request for information under the Data Protection Act of 1998, please find enclosed a copy of your original application"
This copy actually has a stamp top right and included in that is a different card number from the one I had.
Jan 25th:
Letter sent asking for the missing information again, informed them it is my final request for them to comply fully with my SAR or I`m complaining to everyone I can.
Feb 8th
Account in dispute letter sent.

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

Feb 26th: Letter from B/card with a recon copy agreement.

EMAILING NIDDY
Niddy says STILL
March 1st:
Another set of t&cs from Barclaycard, cant be the original t&c as the default charge is £12.00
March 16th
Letter letting me know I didn`t pay this one. I knew that. Also threatening ROSO, they will have a hard time unless they use one of the other Barclay cards to pay it.
March 21st
Sent Telephone harassment letter
March 29th
Letter informing me they are dealing with my complaint.
April 27th:
Letter saying they are still looking into my complaint. They will get in touch by 27th May.
April 27th:
Letter about my complaint, apologising for all the calls and they have removed all present and previous numbers from their records.
May 25th:
Letter from Mercers, asking for payment. Niddy deemed this

Mercers appear to have realised I am still alive. Not to sure how to deal with this one, any advice would be welcome

ty

[Pixie]

Re: mehim's UE Diary

Re post #280
Mercers are part of Barclays.

If I were you I'd send Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA with a copy of the letter from Barclays saying they've no cca.

[Pixie]

Re: mehim's UE Diary

Re post #282

I'd send Our Templates | Unenforceability Templates | Account Sold whilst in Dispute to Mercers if I were you.

[Mehim]

Re: mehim's UE Diary

No 2 Barclaycard/MDSW Credit Card

start : Before 2005, Unsure when
bal : £4,000
last full : Present
present : paying
status : Up to Date

dca : None

2011

March 29th
March BCard increased my interest rate. I closed the card and asked for a copy of the original agreement. Was told it would be sent.
March 29th
Letter received confirming account closure.
April
Called them asking where the Agreement was that they were sending me.
May 11th
Letter received rabbiting on about s78 request, that they will respond ASAP
Dec 14th
I sent account in dispute as they never got back to me.
Dec 20th
Letter from them apologising and thanking me for allowing them to respond.

2012

Jan 11th
Letter from them rabbiting on about s78 and T&C for MDSW card.
Jan 11th
Same date another letter with T&C for a Barclay Credit Card.
Jan 16th
Sent a reply asking them where I had asked anything under s78, also sent in a SAR
Feb 2nd
Received an incomplete SAR, no original agreement, (Recon one included)
No statements.
Feb 10th
CCA Request sent, bit late but what the hell. They will be even more confused than me
Feb 24th
Reply regarding CCA request. Wrong original application form sent to me, name etc belongs to someone in Sheffield.
Feb 24th
Wrong response to my CCA request. Ignoring till they respond.
March 8th:
Letter with a recon agreement. Blank sheet with the previous person`s name and address top left. Box with right to cancel further down and a set of MDSW T&Cs. Late fee is £15.00, I am not sure if this was the late fee when I started the card, think it was probably £25.00
March 8th:
Letter same day with a copy of Barclaycard T&Cs
March 17th
Late payment note with statement.
March 21st
Sent Telephone harassment letter
March 29th
Letter informing me they are dealing with my complaint.
April 27th:
Letter saying they are still looking into my complaint. They will get in touch by 27th May.
April 27th:
Letter about my complaint, apologising for all the calls and they have removed all present and previous numbers from their records.
May 25th:
Letter from Mercers, wanting paid.

Not sure with this one either as the CCA they have sent me twice has a different person`s name and address on it.

[Pixie]

Re: mehim's UE Diary

Re post #284

They're still in default of providing you with your cca so it's UE until they do.

It might be an idea to send Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received) to Mercers.