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Everything posted by lemma1968

  1. lemma1968

    MBNA SAR Address

    To the original creditor.
  2. Oh, and make sure you send all let:rolleyes: ters by at least recorded delivery!
  3. First take a deep breath. Secondly, NEVER speak to them on the phone. Thirdly, send them a request for the original agreement under the Consumer Credit act 1974. There is a template letter in the library - letter N. Send this with a £1 postal Order to Robinsons. If they do not supply a true copy of the agreement in 12+2 (working) days then it becomes unenforceable until they do. After a further 30 days they commit a summary criminal offence. Read a few of the threads and you will get the idea as to how it helps you. Also ask for a Notice of Assigment to ensure they can actually collect the debt. Fourthly, send the original creditor a S.A.R. - (Subject Access Request) with a postal Order for £10. Again there is a template around somewhere which some other fab person will pint you too. This enables you to get a full breakdown on all entries to your accouht from charges to interest to letters etc. This will enable you to work out how much you have been unlawfully charged, and in the off chance they come up with an enforceable CCA (unlikely) you can sue them for recovery of the unlawful charges and get the amount reduced. phew. Good Luck. Just yell if you need any help.!!!
  4. As I understand it once the 6 years is up, if there has been no communication within that 6 years, no amount of acknowledgment afterwards will reset the clock. Hope that helps.
  5. But even if there is no processing of data other than the original reference to the existence of the loan (i.e. when you took it out), others can still see that you have taken out a loan with no evidence on your file that it is being or has been paid. And that will send up a red flag won't it? Or do they only look for defaults and do not care if it exists but has not been paid cos of absence of CCA? Not even the Data Commissioner can remove the initlal reference showing it's existence. I suspect I am being over cautious but just playing devil's advocate as well.
  6. Yep, i see that, but I am wondering how that non-payment as a result of no CCA affects your credit file in reality cos clearly the debt still exists even though it is unenforceable and as such will show up in some form on the file as being a debt that is not/has not been paid. I am thinking (out loud as it were) that that must be reflected somehow on your file which others can see if they check. Am i phrasing it in a clumsy way, do people see where I am coming from? The existence of the debt will still show on your file for 6 years won't it even if there has been no processing of data re defaults etc.
  7. lemma1968

    Lemma V MBNA

    Thanks guys. I'm a bit peed off with them. They have not frozen interest etc so I am just getting my usual monthly credit card statements from them with the minimum payment on the statement and then a note that the "agreed" monthly payment is £300. The total is coming down, but very, very slowly. Thanks for all your helpful advice. I shall SAR them and see what comes up. I'm in it for the long haul already so i may as well see what reductions time will bring me if they do use delaying tactics!
  8. After spending some time thinking things through....trying to be logical etc (that must be the burning you can all smell!!!!!!) -can anyone clarify a point of concern for me? If, for arguments sake, you CCA a DCA or financial institution and they cannot come up with the goods, and you stop paying as a result wouldn't it still affect you credit reference file? Let me explain - some files detail monthly payments made on a loan, month by month. The total outstanding sum remains there. You would surely have a situation arising whereby you have the total sum there and no evidence of any payments being made on it. Does that not illustrate to to prospective creditors or others whom may undertake a credit check that you are prepared to shirk on your responsibilities, or look for loopholes so you do not have to pay? The result would be that you would still have bad credit - and this is even if there is no default cos creditors could still see a debt that is not being repaid......couldn't they? Not having dared do a credit check yet with any of the CRA's I was just pondering the theory and would welcome any education on this thorny issue.
  9. lemma1968

    Lemma V MBNA

    Did they give you your charges back after a fight or were they reasonable and only battled for a short while? I think I will S.A.R. them as well. Thanks for your help. I have seen from reading some of the posts that MBNA do not usually give up and argue black is white until we are all blue in the face!!!
  10. Oh Joy, so a second set of dealings with Fredrickson!!! I CCA'd SRJ yesterday for him - sent Special delivery. Ratbags!!!!! They could have sorted it then moved the goal posts with no valid reason. The lady last month said the 40% offer would remain open indefininately. Darn those pesky DCA's.
  11. An application is an application....simple as that. It is not a contract. A contract comes when BOTH parties have agreed to the terms. Under the Consumer Credit Act there has to be an agreement not just an application. An application shows that you have applied for credit on those terms, not that it has been granted on those terms.
  12. Just because you applied for credit it does not mean to say that you were granted credit.. You can apply as many times as you want but that does not mean that they agreed to give it to you or if they did on what basis it was given. If you applied for a bank loan, did not get it and then they started asking you for payment for something you did not get...what would you say? You would not say..."Oh there's my application form, it must mean you gave me the loan then...I'll pay it"....when you know they did not.
  13. My hubby has a debt being managed by SRJ, it was from Amex. He has had the card about 9 years. It has been in arrears for some time and was delinquent for a while. Amex passed on the debt ro SRJ (do not know under what form) and my hubby is paying off the approx £500 at £50pcm. Last month he spoke to a lady who said that he could make a F&F of 40% of the total at any time. We did not have the cash at the time so did not do it then. This month my hubby rang them to make the payment and some yob at the other end of the phone told him (when my hubby raised it cos we were going to do it) that the 40% deal was not on and that the best he could do was for £480 in F&F!!!!!:o He was insistent that that deal was no longer available. He also tried to work out 60% instead of 40% (as he clearly did not understand) and put that to my hubby (this yob was all over the place with his maths). He quite rude in tone and condescending. My hubby then got a letter saying that the best offer was £400. We are livid that these monkeys feel it is appropriate to make offers then move the goal posts when you go to take them up. We are considering CCA'ing them and seeing where we go. What do others think? And anyone had any dealings with SRJ?
  14. lemma1968

    Lemma V MBNA

    I have had my mbna card for many years...probably about 10 oir so. I was always very good at repaying, doing it via DD to save me being late etc. I then went through financial difficulties and into arrears. Had lots of postcards and phonecalls from them, and even though i offered a reduced payment each month they said it would show on my credit file as a reduced payment. My account also went through a period of time when it was said to be "delinquent" as a result of a number of months where I could not pay at all. I have not checked my credit file (too scared to be honest) to see if there is a default on it but i am sure there must be if my file with them has been marked delinquent. I have now been paying £300pcm to cancel the arrears (which I have now done). I am still paying a set £300pcm which is over £100 more than the minimum payment. My outstanding balance is over £10K. My account facility remains withdrawn and there is no hint of it being reinstated (not that I care too much but I wonder if that fact appears on my credit file as well). I am thinking about CCA'ing them but am a bit anxious about hacking them off so they get nasty with me. Any advice would be welcome, as would be some positive info re successes against these clowns. I know about Wilson v DTI and have printed off a copy. I;m just wondering if it may be asking for trouble to CCA them when I have been such a compliant customer.
  15. The clock is now ticking. I CCA's Fredrickson today - special delivery so will guarantee to arrive with them by 1pm on Monday but i suppose that the 12 working days will not commence until Wednesday. So the dates will be: 12+2 = 26th July 2007. Also CCA's MCS for my hubby so the dates will be the same for that, and SAR'd HSBC for him to see how things got sooooo inflated. As they have 40 days it willl take a bit longer!!! But the ball is now rolling and I am feeling quite empowered as a result. Fingers crossed.
  16. Assuming it is all legal and has all the prescribed terms, then S.A.R - (subject access request) them so you can get a detail of all the charges, and then start negotiating i think.....but hasn't the deadline passed? If so and there is no info from them then you stop paying until they do or use the fact they can't produce it as a negotiating tool. OOOOOh, and report them to the OFT etc. Rory is the king on this. pm him.
  17. So would my law degree exclude me then as well?:o They are sooooooo:-x
  18. Eventually my hubby had to open the post for me and has told me it's content. It was a very short letter asking me to ring them and giving me the account details they were contacting me for. Obviously i shall not be doing that as I had previously indicated that I would only communicate with them in writing. However, I shall be CCA'ing them tomorrow and I shall take it from there. Fingers crossed that they can't come up with the paperwork. Over the years I have paid them soooooooooo much I thought it had finished. I bet there is a truck load of charges etc. Will S.A.R them should they happen to come up with a fully binding and enforceable CCA. One step at a time methinks.
  19. On a completely irrelevant note, but just as a matter of interest, Howard Cohen (the man himself) has just left Howard Cohen & Co to join another firm in Leeds. I blinked twice when I read it in the local rag. Maybe the stress of CAG has gotten to him finally.
  20. OK, I think I am now at round 1 stage with Fredrickson Intl. As some of you will know they had been ringing me at work, and notwithdtanding a letter sent special delivery they continued to ring me at work. I really had little idea what they were about or wanted so told them to write to me. They have done, second class (!) but i am such a coward and soooo scared of what it may say I darwe not open the bl**dy thing. it has been sitting in my briefcase since Monday!:o Now I know things will get worse if I just leave it, i do not want to speak to them and osmosis will not work. Blimey, you would have thought I would have grown a backbone after reading all these inspirational threads. anyone else feel the same way?
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