mehim's UE Diary

[Mehim]

Re: mehim's UE Diary

Hi Mrs D,
many thanks will get that off in a few days. Nationwide was as no terms exist, re post#47 from Niddy.
All I ever get is the one page Application Form from everyone.

Again many thanks

[MrsD]

Re: mehim's UE Diary

I'd send this mob the "this is an application form" template, just make sure you amend to suit and tack on the only dealing in writing at the end.

[Enforcer]

Re: mehim's UE Diary

[QUOTE=Mehim;340670]Hi Mrs D,
many thanks will get that off in a few days. Nationwide was as no terms exist, re post#47 from Niddy.
All I ever get is the one page Application Form from everyone.

Mehim, you need to read between the lines. The regulatory legislation says that they can send you a "reconstituted version of the "executed" agreement". If they send you a photocopy of your application form, they are not breaking the regulations. Make sense?

[vint1954]

Re: mehim's UE Diary

They can send a reconstituted agreement together with:

Terms at inception of the account.

Terms at each variation.

Current terms and conditions.

A signed statement of account

The important word here is together. They cannot send it piecemeal over a period of time. It has to be in one response.

[Mehim]

Re: mehim's UE Diary

Afternoon All,

Welcome back Niddy.

SWID sent of to FIRE regarding CITI and App Form received off to Wescot re Nationwide.

Keep up the good fight and many, many thanks for all the help received by me and everyone else on the site.

[Mehim]

Re: mehim's UE Diary

No 2 Barclaycard/MDSW Credit Card

start : Before 2005, Unsure when
bal : £4,000 Now £4700
last full : 2012
present : Not paying
status : Unenforceable
dca : Mercers

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. This is also a default notice.
June 12th:
Letter to Mercers, No CCA received.
June 15th:
Letter from Mercers re doorstep visit
July 5th:
Sent Harassment & Intimidation Templates | Harassment Follow-Up & Threat of Injunctive Relief.
July 24th:
Letter thanking me for contacting them complaining. Think it is in reply to my last one sent on the 5th.
13th August:
Letter from Calder blah, blah, blah
13th August
Doorstep letter to Calder along with a copy of the letter to Mercer`s June. Told them to read it and not be telling porkies about me not contacting Mercer. Also said to ask the guy along the corridor why he was telling lies about me
12th Sept:
Another letter from Calder saying I`ve not been in touch with Mercers.
13th Oct:
Letter from Barclay informing me that the account has now been passed to Credit Solutions Ltd to manage the collection of the balance.
16th Oct:
Account in dispute template letter sent to Credit Solutions
17/18 Oct:
Letter from Credit Solutions, Formal Demand
8th Nov:
Response to the Account in Dispute Template letter.

"In your letter you state the account is currently in dispute as they have failed to comply with your request under the Consumer Credit Act 1974. I can confirm that according to the notes on our system prior to receiving your above mentioned letter we have not received any request from you under the Consumer Credit Act 1972, however you may have sent this to our client.

In order for us to raise your dispute with our client we require more information regarding your request.

We need to clarify the following:-

Whether you have or have NOT received any documentation from the client since your request was made

Whether you have paid the statutory fee of £1.00 (your request would not have been processed if this fee was not paid)"
12th Nov:
Letter to Credit Solutions.

"I write in reference to your recent letter dated 6th November 2012 and note the content.
I can confirm that this account is formally in dispute with Barclaycard and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974)."

2013

5th March:
Letter informing me that this account was assigned and transferred by Barclaycard to MKPD LLP late February.
16th March:
Letter from MKRR Further to out recent communication regarding transfer of ownership, well that`s a lie to start with lol.
18th March:
Letter to MKRR, Account in Dispute, Telephone Harassment and doorstep threat.
29th march:
Another letter from MKRR. "Regardless of our attempts to contact you by telephone and letter we still have not received your offer of payment"
29th March:
Letter to them informing them I did write enclosing proof of postage and their signature for receiving it
15th April:
Letter from MKDP (that`s different always been MKRR in the past.)informing me that they are unable to fulfil my request!! What request I ask myself.
5th May:
Another letter from MKDP apologising for the delay in getting information to me. Very similar to the last one
11th June:
Another letter from MKPD again apologising for the delay.
18th July:
Another letter from MKPD again apologising for the delay.
22nd Aug:
Another letter from MKPD again apologising for the delay.
7th Sept:
Letter fromMKPD. Further to your recent communication (that would be in March), please find enclosed documents you have requested.
Reconstituted credit agreement enclosed.
We request you contact us, gees yer dosh.

Evening All,

latest from MKDP. Getting strange this one.

They have enclosed a letter supposedly sent to me from B/card in June 2013 although B/card assigned this to MKDP in Feb 2013, I have had no contact with B/card since this date in any form what so ever.

More to the point the reconstituted agreement has the Guy in Sheffield address on it. lol that`s it apart from MDSW terms and conditions and a copy of B/card t&c`s. Nothing else regarding the agreement.

FFS they cant even get a forgery correct.

I have absolutely no idea what to do with this one now!!

Any suggestions gratefully received

Thank you.

[Enforcer]

Re: mehim's UE Diary

They are stuffed! Keep the CCA for other person safe. Broken all regs. Information Commissioner needs to be advised. However they have still not met your CCA request. UE until, or unless they do. You are on a winner here.

[vint1954]

Re: mehim's UE Diary

I would have a little fun with this one. Amend the http://www.all-about-debt.co.uk/inde...ument-received Template where you input the reason to:

I do not recognise the person mentioned in the reconstituted agreement sent to me. I trust you are aware of the serious penalties that the ICO can levy for providing me with another persons private information, which is in clear breach of the Data Protection Act.

End the letter:

I suggest that you digest the serious implications of your actions and close this account without delay.

Yo must check the rest of the letter and remove where necessary.

[Mehim]

Re: mehim's UE Diary

Hi Vint,

many thanks for the suggestion, I have sent you a copy of the reply I have drafted. Hopefully this will be ok to send off.

Many thanks

[Mehim]

Re: mehim's UE Diary

Evening All,

did a small update for Nationwide, fire are going to do a thorough investigation them come back and ask me for money lol.

Many thanks for checking the letter Vint, I will get that posted of tomorrow and I`ll also get a much stiffer one done for Barclaycard as they did send me the other guy`s agreement as well as a reconstituted agreement, (twice) with the Sheffield address on it. I wonder if I can hit them for compo hehe threaten them with the ICO and maybe informing the other person that I have been sent their info.

Again my heartfelt thanks for all the help and suggestions given to me and everyone else in their fights with these scumbags.

[vint1954]

Re: mehim's UE Diary

You might want to PM niddy about receiving the wrong agreement. I seem to recall he had some success in a similar situation.

[Never-In-Doubt]

Re: mehim's UE Diary

You ought to be threatening to go public about it unless they write it off. We've had a couple of successes at that

Whats the balance?

[Mehim]

Re: mehim's UE Diary

morning Niddy,

the balance is £4000+. I will send you a copy of the one I have done for MKDP and the first draft of Barclay`s one.

Feel free to change them for me and put the boot in. Neither has been posted yet.

ty

[Mehim]

Re: mehim's UE Diary

MBNA/Virgin Credit Card

start : Aug 2004
bal : £6,000
last full : Sept 2009
present : not paying
status : default. Copy of original Application. Unenforceable

dca : Experto Credite, Claim Management Consultants Now Aktiv Kapital

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 11th
Threatened Default Notification.
Feb 2nd
Threatogram from MBNA CCJ, Sheriff Court etc.
Feb 4th
Nice letter offering help.
March 8th
Threatened default if I didn`t pay.
April 3rd
Notice of sum in arrears.
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.
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.
Aug 18th
Letter from Experto. We want your money.

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 15th
HL Legal telling me they had instructions to issue proceeding at County Court.
April 20th
letter from me to CMC acting for me, returned, no longer there.
April 25th:
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.an a letter on Experto headed paper undated saying they now owned the account.
Sept 27th
Letter from Experto saying Varde Investments (Ireland) Ltd own 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
Letter to MBNA re missing items from SAR
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 12th:
Letter from Akitiv Kapital. They have bought the account from Experto. I can clear the balance by paying with a card etc. lol
March 13th:
Letter sent to Aktiv, Account sold while in dispute.
March 20th:
Letter from Aktiv, account on hold till they get the information from the OC
April 5th:
Letter from Aktiv enclosing a copy of an application form and other pages.
Same copy that was received from MBNA and Experto, both included in partial SAR information. MBNA are still ignoring my CCA request sent February 10th this year.
April 6th:
Letter from Aktiv.
"Aktiv Kapital Portfolio AS, Zug Branch Limited purchased the account from Varde Investments (Ireland) Ltd.
We are Aktiv Kapital (UK) Limited and on behalf of the above we have requested Experto Credite to continue contacting you."

They also say I can clear the balance by several methods, one being by card payment.
I assume I just ignore this crap as well.
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.
April 26th:
Letter from Aktiv. They contacted Experto for copy statements!! I SAR`ed MBNA last August and never got the statements. Aktiv have sent statements fromJune 2009 to June 2010, I think this may be the period of time that Experto have had this account. They go on to say,
They look forward to receiving my proposals for payment within 14 days. Should they receive no response, the account will be passed to their collections division for further action.
3rd 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.

2013

17th July:
Letter from Aktiv with a £3700 gift voucher. llf
16th Sept:
Letter from Aktiv with another £3700+ gift voucher

Afternoon Everyone,

Latest from Aktiv, another £3700+ gift voucher. I wonder if I sent them both back if they would be me the extra left over from the disputed account total.

Niddy is helping with the Barclay account with the wrong agreement.

Many thanks for all the help and support.

[The Tech Clerk]

Re: mehim's UE Diary

A.Ks natorous special offers, pay up 3 months full asked amount or the longer you pay the lot less discount, no go area! look at their site and see how NON Generous their schemes are = bought sat £100.00 profit after 6-7 years 99%.

By the way = Credit Managment consultants is the next desk (toilet) at Experto Credite.