CCA and time limit

[redsue]

mwillows take a look at my thread
I'm after them initially for the charges and interest whilst in default of the s78 request - there is no question that have enforced whilst not allowed to - my aim is to get them into court and have the document then sent deemed unenforceable - I've sent them a LBA
MBNA - ding ding - Round 2

[Monty2007]

Originally Posted by M.Willows

Hi Monty

Mmmmmmmmmmmmmm not sure they bombarded me with interest, fees , letters , phone calls with lots of rudeness and threats of court action and they don't have an agreement when I request one . I think I am seeking justice.

Good luck! I did not appreciate that they had also fleeced you!

[sosumi]

Originally Posted by M.Willows

Hi Monty

Mmmmmmmmmmmmmm not sure they bombarded me with interest, fees , letters , phone calls with lots of rudeness and threats of court action and they don't have an agreement when I request one . I think I am seeking justice.

Hi MWillows,

I read this thread last night. Not sure I grasped all the legalities, but am pretty sure the 42 days are up with my CCA to DLC/Hillesden now. I sent them a CCA request because they had 'made an application to the local Land Registry' to confirm that I was the owner of this property - ie. my house, where I've lived for the last 23 years. They have not provided a CCA, and my S.A.R - (Subject Access Request) request proved that they already had my details. Had they not attempted to either intimidate me or somehow access my personal information, I might not have sent the CCA.
Having had over a month to think about this, I've noticed that a very serious error has occurred and the account that was 'assigned' to them by Citi was not the account that I was paying through my DMP with Payplan. It was not the credit card from Citi that I owed money to. I queried this at the time but, being abjectly terrified of anything to do with creditors, I just let it go. I would have continued making the payments without question, had they not tried to get a CCJ.

I am at the moment trying to get my head round this. They sent me a 'Without Prejudice' offer of a full and final settlement for approx £2000.00 less than the 'amount outstanding'. So the debt clearly belongs to them.
I will write more on a separate thread but I wanted to say that I agree - the stress they have put me under - and put so many other people under - in insupportable and has to be stopped. I also want justice, and from now hopefully I can start to talk about it.
Sincerely hope I'm on the right thread here - get a bit lost on the forum sometimes! All the best to you

[Having_A_Knightmare]

just subscribing -great thread!!

[Monty2007]

Originally Posted by dori2o

Is this right?

I have read loads of posts on here but have never come across this.


Surely if the agreement is terminated then no agreement exists, and surely the creditor forfeits any agreement to process data to 3rd parties i..e CRA's.

Can anyone confirm?

Take a look at my thread

http://www.consumeractiongroup.co.uk...under-s10.html

In any event, it is our view, having sought advice from our legal advisor's, that we are entitled to exchange information with credit reference agencies for the duration of the agreement and six years thereafter. This is because, "the processing is necessary for the purpose of legitimate interests pursued by the data controller or by the third party to whom the data are disclosed, except where the process is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject". (see paragraph 6(1) of schedule 2 to the Data Protection Act 1998 ("the Act").

This is a view shared by the Information Commissioners Office which enforces and overseas the Act. The Information Commissioners Office has explained that it takes "a wide view of the legitimate interests" and considers "that it is in the interests of other creditors to make informed lending decisions".

[M.Willows]

Hi all

Thanks for all your support,I will have to re do my LBA as I have forgotten that Hillesden also traded as Direct Legal and Collections and will be adding all those figures to my letter before action with the fees and all interest from Hillesden aswell.I think all this wet weather has sunk into my brain