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Hi

Just a little update.

 

Two more CCA's in today. One enforceable, the other not! Here are the links http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195385-esile-mint-ec.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195383-esile-mint-tc.html

 

I'm a little freaked out by the suggestion from Nationwide that they can withdraw other accounts if we do not pay but trying to calm myself with the they can't do that if they have not complied with my request talk.

 

I have not done anything about monument yet. They are saying they consider the cca enforceable. I have no idea what to do about that!

 

Take care

 

Esile

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Hi Guys

 

Slightly calmer today!

 

Gave mtself a talking to! I figured I have no choice, court or no court I cannot pay them at the moment so I am just going to have to pull my socks up and get on with it!

 

I'm not going to reply to monument, I'll see what they do next.

 

I have had a reply from one of the Nationwide cca requests today. Looks like a standard letter, apparently my signature does not match the one on their records(what signature!!!!!!!!!!!!!).

 

So I will be sending them the usual you didn't worry about my identity until now letter tomorrow.

 

Sorry to sound like a chicken yesterday - was just feeling a bit like I had bitten of more than I could chew, I must be mad to think this will ever work. I'm over it now!

 

Esile

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Supasnooper

 

When you saying repaying it fully do you mean paying the monthly amount due in full?

 

Esile

 

 

I am presuming that you are still paying the full mortgage monthly repayments in full.

Hence, it would be foolish for Nationwide to threaten to close on the mortgage.

 

That is my understanding of what has been posted.

 

 

Moving on, it will be a long and hard battle against your creditors especially as you are dealing with so many.

 

Please do try to keep up to speed with all of them. Use a calendar to note the relevant dates.

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Hi Supasnooper

 

Yes we are currently paying the monthly mortgage payments in full.

 

I have always known it will be a tough struggle but the only other option is to give up and run away and I am not known to be a quitter!

 

The world is still turning and I still have my family and friends therefore I am lucky and I will not give up!

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Hi there,

 

You should be close to seeing the results of your CCA requests now.

 

Hopefully, some are unenforceable and some may not have replied which should ease the workload for you and also ease some of the financial pressure.

 

Do keep paying the full amount of the monthly mortgage payment (it is a priority debt) and I would be very, very surprised if Nationwide decided to call it in.

 

You're doing well so far, keep going and Good Luck.

 

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Thanks Supasnooper.

 

So far we have had amex - unenforceable, monument x 2 - unenforceable, mint, uneforceable, mint- enforceable and sky enforceable. The remaining 24 have nor yet replied or have only sent terms and conditions.

 

I am strong I will fight this all the way but only with everyone's help on here so thanks!

 

Ps We are trying hard to pay all other bills except credit cards but its becoming increasingly hard with no work!!!

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Hi Esile, just to say keep your spirits up, you're doing really well. Sorry I've been quiet recently, had a lot of work on. Am in the middle of a fight with B over buildings insurance which I didn't need or want but they just organised anyway and charged. Have managed to stop them renewing the policy this year but they are saying they won't refund the previous two years... I hate them!

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Hi MG

 

Pleased to hear from you.

 

These people just do what they like don't they, hoping we won't notice!

 

On the other hand though I have a tenant who moved out in Feb had signed contract until March, said he would sign over the deposit to pay last months rent now he won't do it!! Just got in to find my bank statement to show his bank have set the old direct debit up again so I have been paid the last months rent. I bet it is a mistake but I bet they will be able to take it back when they realise although he does actually owe me!

 

Keep fighting them and keep in touch.

 

Esile

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Hi MG

 

I would have to move all money out of the account and it is the account I have all my direct debits coming out of! I have applied for a new account with another bank, if I get it before they notice their mistake I will empty the account and let them chase me for it but until then I can't do anything. I'm not sure where I stand legally but I would give it a go just to be awkward after the way has treated us!

 

Take care

 

Esile

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Hi MG

 

I would have to move all money out of the account and it is the account I have all my direct debits coming out of! I have applied for a new account with another bank, if I get it before they notice their mistake I will empty the account and let them chase me for it but until then I can't do anything. I'm not sure where I stand legally but I would give it a go just to be awkward after the way has treated us!

 

Take care

 

Esile

 

Not one to do things by half are you :D

 

Enjoy the weekend.:)

 

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Hi Supasnooper!

 

As I said I am not known to be a quitter!

 

I will not be used or abused. At the moment the law is always on the side of the tenant no matter what they do! He signed a 6 month contract then decided to move out after 5 because he found a girlfriend yet doesn't think he should pay the last month. If I wanted him to leave after 4 months it would take me a 3 month battle in the courts!!

 

Have a good weekend!

 

Esile

 

Ps I am awaiting the government deposit schemes decision on whether he should pay the deposit to me after all. If they decide I should get it and they pay it me I would obviously let him have his mistaken payment back. I only want what I am owed!

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Hello you lovely people!

 

Can I please have some more advice?!

 

1. Barclaycard - another account have sent this EC BARC 6 7 pictures by cupcake62 - Photobucket . Should I be sending them this?

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

Unless you can produce a copy of an executable agreement within 21 days I will consider that the above account is now closed and that you will not pursue the alleged debt.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

2. Another barclaycard acc have written to say thanks for your request dated 190409 (correct date) but we cannot find any details for you under acc number xxx (not the acc number I quoted on the letter!!)

 

Is this just time wasting tactics? Should I just ignore them? They are either being deliberately difficult or extremely stupid/incompetant!

 

3. Egg have written to say they cannot comply unless we send proof of who we are! ie utility bill, bank statement etc or if not available a letter from a solicitor(!!!!!)

 

Again, are they just time wasting? Should I bother sending proof of id without signing anything. I have also had another letter saying they have received my complaint (would that be my letter saying you have not complied...?) and we will here within 8 weeks (but we need to help by logging into our acc!) I don't feel like doing anything, am I right?

 

4. I CCA'd my M and S reserve acc which is run similar to a credit card but it involves cheques not a card. They have sent me this today.EC M and S res pictures by cupcake62 - Photobucket It is not readable therefore this one is not enforceable but should I be concerned that they might have the true form? I cannot see where it says the t and c's are overleaf, it looks almost cut and pasted in some areas, it says credit application at the top but I'm not confident in all this yet!

 

Could someone please advise?

 

Many thanks

 

Esile

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Only Me!

 

Just an update!

 

I am feeling slightly less daunted then have done of late. I go from feeling incredibly lucky to have hope which I haven't had for many many months to feeling totally overwhelmed. There are many times when I panic and think 'what have you done you silly, silly girl' I often feel I am just prolonging the inevitable and making it all much worse for myself.

 

Unfortunately with things the way they are I really don't have a choice anyway.

 

My other half has had no work for the last 5 weeks and no sign of any for the next 3 or 4 so even if I wanted to I have no way of paying them!

 

Hope everyone is doing ok!

 

Esile

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Hi Esile,

 

Nice to hear from you again.

 

I am in a similar position with the ball now back in the solicitors court with an incredible amount of back spin on it from me!

 

I will be interested to see their return - hot potato juggling in their office I hope. I just find it incredible that these paid professionals can mess up something so simple.

 

Good luck

 

GK

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Hi GK

 

We have just had exactly the same conversation about the letter we have received from Amex today!

 

How can a professional(Ha ha) company write the stuff they write?!

 

Good luck!

 

Esile

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  • dx100uk changed the title to Can a CCA request really wipe my debts out?
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