mehim's UE Diary

[Mehim]

Re: mehim's UE Diary

Hi SH,

I have had a look at both of the templates and as the Our Templates | Unenforceability Templates | CCA Query - Application Form Received also mentions the missing prescribed terms I think i`ll send it.

I have done a draft copy and would like to send it to you for your once over if that is ok.

Many thanks.

[Mehim]

Re: mehim's UE Diary

TY SH,

I`ll sort that out tomorrow as it will need some tweaking. I`ll post it up just to check I`ve made the right changes to it.

I`ll also get working on the one to Cabot regarding CITI

Many thanks.

[ScabHunter]

Re: mehim's UE Diary

Should I maybe send the missing prescribed terms letter to Scott?? or go with what you suggest SH?

Many thanks

With that new information I would send Missing PTs instead. Either is accurate, but that might just fit in better with what has happened before and allow you to build a better trail of evidence.

SH

[Mehim]

Re: mehim's UE Diary

Hi,

Experto were informed by the claims management team that is was ue a long time ago. The claims management team are long out of the picture now.

Niddy`s reasons for ue were the following

There are no associated terms nor are the prescribed terms intact - thus it is unenforceable and they will struggle to enforce this. I would consider responding with this: ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

Then it was realised I`d got the info in a sar, the CCA request went out after that.

Should I maybe send the missing prescribed terms letter to Scott?? or go with what you suggest SH?

Many thanks

[ScabHunter]

Re: mehim's UE Diary

Any suggestions as to a reply to these wankers.

Many thanks in advance.

Should also have added that this is the same stuff Niddy deemed ages ago.

If it was me, I'd just send this for now, questioning the application form and keeping the rest of the irregularities in reserve -

Our Templates | Unenforceability Templates | CCA Query - Application Form Received

SH

[MrsD]

Re: mehim's UE Diary

Don't hang about with that mob, why did Niddy deem it UE?

Did you send a letter when Niddy said it was UE?

[Mehim]

Re: mehim's UE Diary

MBNA Credit Card

start : Sept 2004 Correction Sept 1994
bal : £15,000 Now £15,193
last full : Sept 2009
present : not paying
status : default. Copy of original Application. Unenforceable

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 Experto.
June 23rd:
Letter from Credit Management Consultants offering 50% reduction if I agree an instalment plan and make the first payment this month
July 13th:
Letter from Credit Management Consultants.
"We have HUGE sporting events lined up this summer, we have decided to offer you HUGE discounts to match these exciting events." Then goes on to offer 5%, 10%, 30%, 40%, and 50% all available only in July.
July 27th:
Letter from Credit Management Consultants, Final Demand in red scary letters (I`m shaking).They are aware I`m resident at the address, thats good cause they normally write to it. If I don`t arrange to pay they will refer for a doorstep cpllection, refer to their legal partner to progress via litigation. Call now to pay by debit or credit card.
July 28th:
Sent all three letters to CMC (Doorstep collection, account in dispute and threatening action.)
5th August:
Sent another request for all the statements missing from my SAR
9th August:
Another reply re the incomplete SAR. Say they responded to it but they did not send the statements which I asked for in the SAR. tell me to contact Experto who purchased the account for information regarding their response (MBNA) to my section 78 requests. They still want me to pay £4 per copy statement. Want me to call if i still want the statements.
25th August:
Reply from Experto regarding the letters I sent to Credit Management Consultants. Usual crap re the shit they sent complies with s78, I get the feeling they are trying to reset the clock with this one.
30th August:
Another letter from Experto. Final Demand
ffs from their investigations they know I am a resident at the above address, (no chit Sherlock) They want my doorstep again lol they may refer this account to their legal partner to progress via litigation.
31st August:
Both the Scottish doorstep and threat to commence litigation template letters sent back to Experto.
5th Oct:
Letter from Scott+Co from Edinburgh. Unless I settle within ten days, we may be instructed by our client to commence court action. Should a decree be awarded any expenses awarded will be added.
9th Oct:
Account sold in dispute template sent to Scott+Co
11th Oct:
Letter from Experto, This Arrears Notice is served in accordance with Section 86(c) of the Consumer Credit Act 1974
18th Oct:
Letter from Scott+Co in reply to sold in dispute template.
"In view of the contents we have referred this matter to our client and will contact you again once we are in receipt of their advice"

2013

13th Feb:

Letter from Scott+Co, We write in connection with the above stated account and recent correspondence.

"As requested,

We enclose herewith copy signed Credit Agreement with Terms and Conditions for your perusal.
We trust this clarifies matters and look forward to receiving settlement proposals.
Please remit direct to ourselves quoting ref no xxxxx"

Hi Folks,

Latest regarding this one.

Signed application form received, along with a page of my rights and protection, conditions for use. Also 4 pages of sommat, t&c`s?? but the apr is 34.9%, no way did I get a card from them with this rate. The rights and protection page says the interest rates are 13.9% for a balance transfer and 19.9% for purchases. Also the default charge is £12.00 again this is wrong.

Any suggestions as to a reply to these wankers.

Many thanks in advance.

Should also have added that this is the same stuff Niddy deemed ages ago.

[Mehim]

Re: mehim's UE Diary

Hi Vint,

the 4th was a Friday and that is the date on the DN, not the day I received it (pre AAD days and no envelope kept and dated).

So I`d say they are definitely in the poo big time on both faults.

Says both are default notices served under Section 87(1)of the consumer Credit Act 1974.

Also says Paragraph 8 of that agreement provides that you must repay immediately the amount of arrears on the account.

Neither mentions Section 8.

I`ll have a look over the CITI paperwork tomorrow and draw up a reply.

Many thanks for all the help and suggestions, no advice has been received lol.

TY

[ScabHunter]

Re: mehim's UE Diary

or you could just send another sold in dispute, I wouldn't be helping them out personally

I can't understand the logic of that.

How can it possibly “help them out” to refer to documents which already exist, and which would be brought to court in any case? It helps YOU out, because it proves that you've actually bothered to read correspondence and respond to it properly, while they are just firing off irrelevant templates which relate to events that happened eighteen months ago. If you just do the same thing, you're losing that potential advantage.

SH

[vint1954]

Re: mehim's UE Diary

It is not actually the notices themselves which are defective, but clearly the act of termination prevented you from having the prescribed amount of time in which to remedy the breach.

The termination was therefore unlawful. It is an extraordinary mistake to make, yet I suppose we say that a great many times about what are supposed to be "major financial institutions".

SH

That's the nub of the matter Mehim,

The act stipulates you must have the required period to rectify the default. What would have happened if you has said, I will settle this within the 14 days. The act states if you do, it is treated as though the breach never happened.

If they terminate and sell early, they deny you the right to settle the default and continue as normal as the act demands

The DN dates are right on the limit. If there is a weekend within 4 days of the 4th, they are in the poo.

It should also state which part of section 8 you have broken. It has several sub headings from memory.

[MrsD]

Re: mehim's UE Diary

or you could just send another sold in dispute, I wouldn't be helping them out personally

[ScabHunter]

Re: mehim's UE Diary

I would write a short bespoke letter pointing out that this is the third time you have received an identical template letter, and that the alleged debt purchase they are referring to occurred on 13th May 2011.

Refer them back to their letter of 24th October 2011, and their email of 20th February 2012. Finally, refer them to your own letter of 21st February 2012, which outlines the nature of the dispute, which still endures.

SH

[Mehim]

Re: mehim's UE Diary

CITI Credit Card

start : Nov 2005
bal : £7,000
last full : Sept 2009
present : not paying
status : default Unenforceable

dca : OPUS Now Cabot

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 CITI, to pass all correspondence from CITI to them ASAP
May 26th
Letter from CMC saying nothing had been received from CITI. They wrote telling them it was unenforceable as CITI 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 CITI 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 CITI 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 CITI 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

Jan 23rd
Letter asking for payment.
Jan 29th
Letter informing me that the complaint was dealt with, also a copy letter sent to the CMC informing them why the case was closed.
Feb 3rd
Letter for payment and informing me that service fees were being added.
Feb 23rd
Letter asking for payment within 7 days.
March 23rd
Letter Pending Default.
April 9th
Letter informing me of account transferring to CC Asset Management Ltd (CCAM)CITI would service the account until the transfer takes place.
May 5th
Letter from CITI defaulting the account dated 5th, remedy date 28th
May 27th
Cabot welcoming letter, informing me that they have bought my account that I held with OPUS Credit Card??
June 4th
CITI Terminated the agreement.
June 25th
Collect Direct demanding payment within 4 days on behalf of CITI
June 30th
Cabot asking for information regarding my query (think I answered the phone to them).
July 2nd
Personal Rep letter from Collect Direct, 5 days to pay.
July 15th
Collect Direct saying they are not going to enter into protracted correspondence with me, I should contact them and that CITI is prepared to offer a substantial discount to settle this account.
July 28th
HL Legal acting on behalf of Collect Direct who are acting on behalf of CITI give me 7 days to pay or they recommend to their client court action.

2011

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.
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.
Aug 18th
Sent SAR to CITI
Aug 24th
Letter from CITI they dont know who I am.
Aug 30th
Sent them name and DOB
Sept 20th
Letter from Cabot, telling me they acquired the original Credit Agreement from OPUS Credit Card. Included was a copy of an OPUS credit card agreement with a card number I had never seen before.
Sept 23rd
Letter from OPUS thanking me for my SAR?? Also included was a copy letter dated 10th August from them informing me that I could not send a SAR to CITI
Oct 3rd
Letter from Cabot putting the account on hold for 14 days.
Oct 17th
Sent Cabot a letter regarding the ones I had received from them, informed them I had never had an account with OPUS, never sent them a SAR
Oct 17th
Sent letter to OPUS pointing out the early dated one, informing them I would be taking no instructions from them on who I could send a SAR to. Also pointed out that this account was in dispute.
Oct 19th
Letter from Cabot saying they believe the information sent resolves the dispute, account on hold a further 14 days.
Oct 21st
Letter from OPUS regarding my complaint.
Oct 23rd
Letter sent to Cabot warning them that I may initiate legal action if they choose to ignore my dispute and attempt enforcement.
Oct 24th
Letter from Cabot confirming that they bought the account may 13th and any dispute is with them. Also included another copy of the OPUS agreement.
Oct26th: Letter from OPUS saying they bought the account from CITI in March
TO BE CONTINUED LATER
Oct 31st
Letter from Cabot saying they have contacted Bank of Scotland (OPUS) for a copy of the agreement
Nov 2nd
Sent letter to data controller at CITI regarding no reply to my SAR
Nov 8th
Letter from Cabot apologising for delay in replying as original lender (CITI, OPUS, Bank of Scotland??? take your pick)was having a delay in retrieving the info.

OPUS called and asked me to verbally request a SAR from them which I did.

Nov 29th
Uncomplete SAR received from OPUS which included a recon OPUS agreement. It also had this in the letter,

"I hope the information that I have provided you will assist you and be beneficial with your current dispute with CITI."

Card number different from the CITI number. Also a recon copy agreement from CITI
Dec 1st
Letter from Cabot apologising for the delay in getting the requested information. "We shall continue to request the information from the original lender."
Dec 13th
More SAR information from OPUS.Statements from Feb 2006. Amazingly, Citi stopped sending statements may 2010, OPUS show them for Oct/Nov 2010 from CITI and then shows statements from OPUS from Jan 2011 to Nov 2011 none of which show penalty interest and none off which I have ever seen before. None of the statements have been sent to me since May 2010

2012

Jan 17th
Letter from Cabot with a recon agreement from OPUS with their card number I have never had. Also a sheet showing penalty interest being added monthly since may 2011. Also referring to my s78 request.
Jan 31st
Letter to CITI regarding my SAR giving them 14 days to send the information or I report them for non-compliance.
Jan 31st
Letter to Cabot pointing out it was their Data Controller who asked me to verbally request a SAR from them, it was not under s78. Asked them to kindly reply to my SAR to CITI which they now appeared to have. Gave them 14 days or reporting them for non-compliance.
Jan 31st
Letter to Data Controller at OPUS pointing out the information I had specifically asked for in the SAR to CITI which they also now seemed to have a copy off.Also about the miraculous statements which they had conjured up, asked for an explanation regarding these mysterious statements. Gave him 14 days to reply and informed him I would be complaining to all the relevant authorities regarding these matters.
Feb 7th
Letter from cabot asking for a tenner for a SAR. Just going to write back telling them to get stuffed that as they know the account is in dispute. Should I be sending CITI another dispute letter re the ignored SAR
Feb 10th
CCA Request sent to CITI, bit late but what the hell. They will be even more confused than me.
Feb 11th
Reply from OPUS re incomplete SAR. they have me confused now. Told me the reason I never got statements during part of 2010 was I had a zero balance lol. I stopped paying in 2009 hmmmmmm
Feb 11th
Letter to Cabot re information not being supplied by all concerned.

EMAILING NIDDY

Feb 11th
Letter to Cabot telling them to get stuffed re another tenner for a SAR
Feb 12th: Letter sent to Opus re UE from Templates.
Feb16th
Letter from Opus, They are unable to trace a copy of the signed application form and rabbiting on about their procedure has always been to obtain a signature before entering into an agreement. I never had a card with Opus, they bought an account from CITI.

EMAILING NIDDY

Niddy says

Feb 20th
Email from Cabot,

"The Cabot Financial Group recently bought the account you held with Opus Credit Card and we`ve tried contact previously. It`s now vital that you contact us urgently to discuss your account.

If you don`t contact us to agree a suitable repayment plan we`ll have to move your account to the next stage of our collections process."
Feb 21st
Sent account in dispute letter to Cabot with a copy of the letter from OPUS.
Feb 21st
Reply from Cabot advising me that they sent a recon true copy of the agreement in January which for the avoidance of doubt complies with the Consumer Credit etc. Still asking for payment.
Feb 24th
Incomplete response to my CCA request. Ignoring till they respond.
Feb 28th:
Another letter from Cabot. A Final Response. Letter at post #87
Feb 29th
Final response template letter sent to Cabot.
March 15th:
Letter from Cabot which included a copy of the letter at post #87. They again say that they wont be corresponding with me in relation to this matter. Oh dear it is now nearly £8000 they want from me.
July 25th:
Letter from CITI, lol, Further to their letter dated 24th August 2011 they are still unable to identify an account with the details furnished and ask again for my full name etc. They want another tenner as they returned my original one.
July 28th:
Replied with a copy of the 30th August letter along with proof of posting and their signature accepting the letter.
16th Oct:
Letter from CITI enclosing statements for the account they couldn`t find.

2013

7th Feb:
Letter from Cabot informing me that they recently bought the account that I held with Opus and we have tried to contact you??

Afternoon All,

got a letter from Cabot saying they recently purchased this account. They must be in a time warp, I got a similar letter from them in May 2011.

One other question regarding this, when an account is terminated, can anyone then add further costs to the total amount that is claimed as owed?

Not too sure how to reply to this letter, any comments would be most appreciated. TY

[Mehim]

Re: mehim's UE Diary

Thanks SH, I thought that

I only found out that they sold them early when I read one of the logs they sent me in a partial SAR that I received from MBNA

No wonder the world is in such a mess when they can`t do simply things properly.

Cheers

[ScabHunter]

Re: mehim's UE Diary

Can yo look at post 529 regarding the other 2 MBNA accounts, I think they both have defective default notices as they sold the account before the rectification date. Not too sure if i am correct on that though.

Many thanks.

It is not actually the notices themselves which are defective, but clearly the act of termination prevented you from having the prescribed amount of time in which to remedy the breach.

The termination was therefore unlawful. It is an extraordinary mistake to make, yet I suppose we say that a great many times about what are supposed to be "major financial institutions".

SH