Thanks Craigers.

I just re-read the Default Notice and you're quite right!

I just need to pay off the arrears within 28 days.

Thanks for the insight.

Regards,

Tony.

Hello,

I need some advice as to what people think I should or shouldn't be doing next...

The background: I have a fixed rate personal loan with Egg with c. £10k outstanding on it down from an original £20k.

Due to much reduced financial circumstances I've been unable to make payments for a few months. I cca'd them and the agreement is fully compliant with no breaches.

I offered to pay them 50% of the monthly loan amount which they declined (unbeleivable!) and they have now issued a formal Default Notice demanding full payment of the entire loan within 28 days.

I assume the next steps will be a default registered on my previously unblemished credit record, followed by the start of debt collection proceedings.

My questions are these:

1. Should I pre-empt them and sign up to a debt management plan?

2. If so, who?

3. Or should I sit tight and wait until the unpleasantness starts with a DCA?

Would welcome some thoughts/advice/experience in what the best course of action should be.

Regards,

Tony.

Following a CCA request, I've established a large number of significant breaches in the agreement I have for my MBNA Credit Card that render it unenforceable.

I seek a template letter to point out their breaches (which are numerous) and advise them that I'm ceasing payments and seek a write off of the outstanding balance.

Is there a suitable template letter on this site please?

Regards,

Tony.

Thanks Sharpman.

Good advice.

I do know exactly what the breaches are so I don't need advise on the specifics of the agreements I just need a template letter to start the ball rolling.

Tony.

Hello,

This may not be the right thread but I hope someone can point me in the right direction.

Following a CCA request I have discovered significant breaches in two credit card agreements with MBNA and Citi which I believe make them totally unenforceable.

I have now ceased repayments on both cards, but I want to get this sorted before the DCA's step in and before I get defaults placed on my very clean credit record.

So my question is this: Is there a template letter that I can now use to write to them to advise them of the unenforceability of the agreements?

Help please?

Tony.

As ultimate responsibility for the scheme rests with Visa and not the individual banks, I'm not sure if there are any printed rules. However, speak to your bank. I suspect your initial enquiries will be met with resistance as knowledge about the scheme appears to be limited at call centre level.

However, please persevere. Insist on going up the food chain to the "Debit Card Admin Dept" (or similar) of HBOs and eventually you'll track someone down who knows about trhe schemes existance. As long as you have supporting documentation you should be ok.

Best of luck.

What firm are you trying out?

They've just reduced their charges to £295.00 per case across the board. I asked if they could provide references but they pointed out that as they only really started in April, the cases they're dealing with are only now just starting to come to fruition. They also (correctly I assume) that data protection regs would prevent them from offering out their customer details etc.

Their website is slick and they appear professional. They have Ministry of Justice authorisation and OFT registration. They are very friendly on the phone.

The suggestion on these forums is that you could do it yourself. Anyone could do a CCA and get their agreement sent to them, however you really do need an expert to decide if the breaches are strong enough to force a lender into capitulation.

I've got several potential agreements that could benefit from scrutiny. May try them with one initially and see what happens.

Tony.

Hello Hopster,

Yes I got your reply - thanks very much.

Please keep me posted. I will be very interested to see how you get on.

I'm chatting to an organisation called Credit Clear. I'm very tempted...

Regards,

Tony.

Hello,

Are there any subscribers out there who have any experience of the suggested loopholes in the Consumer Credit Act that allow for debt to be written off and in some cases even refunds of past payments.

There are a number of firms offering this service (for quite hefty fees). Do they work? Is it a [problem]?

Tony.

After several weeks of phone calls and providing more info my bank account was fully credited today!

So a after a bit of perseverance it would seem that in some circumstances the Visa Chargeback scheme actually provides some protection akin to that of a credit card.

I'm very happy with the outcome.

After several weeks of phone calls and providing more info my bank account was fully credited today!

So a after a bit of perseverance it would seem that in some circumstances the Visa Chargeback scheme actually provides some protection akin to that of a credit card.

I'm very happy with the outcome.

Update time:

Managed to finally track down "Debit Card Services" at Barclays who sent me a form for signature which was pretty much just a disclaimer giving them certain rights if we're making a fraudulent claim etc.

Form duly signed and returned to them together with supporting documentation.

So hopeful of resolution over the next 10 days.

Fingers crossed...

Update time:

Managed to finally track down "Debit Card Services" at Barclays who sent me a form for signature which was pretty much just a disclaimer giving them certain rights if we're making a fraudulent claim etc.

Form duly signed and returned to them together with supporting documentation.

So hopeful of resolution over the next 10 days.

Fingers crossed...

Hello,

Have a look at this separate thread I started about this subject last week. There is some useful comments that hopefully will assist you.

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/125992-via-debit-card-chargeback.html

Best of luck.

Ouch!

This is potentially very depressing reading.

Have you been in touch with Barclays? I at least got a vaguely reassuring response from them (at least verbally). I only wrote to them at the end of last week so too early for a formal reply yet.

Given the recent exposure via the BBC, I was hoping that this would be a great way to get my money back. Now I'm not so sure.

I would love some reassuring words from some of the experts on this site please...

Just to let you know that I also purchased tickets through Maxjet for travel in August this year, at a cost of £1500 and successfully obtained a refund of my £1500 through the Visa Debit chargeback scheme (my card is a Lloyds TSB debit card). The whole process only took a week from start to finish!

Thanks for your reply.

Was there lots of form filling or was it done on the phone?

In my case this relates to the failed airline Maxjet. I purchased tickets using a Barclays Visa Debit Card in October for flights to Vegas on 6th Feb for £1300.00.

Spoke to the bank this morning. Suffice to say that the Customer Service guy I spoke to had never heard of it but managed to escalate it up to a level where there was some acknowledgement of its existance. They won't actually embrace any claim until such time as the date I was due to take the flights has elapsed (6 Feb) but will process the claim then.

This is quite an encouraging step (I think).

Amazing how little is known about this scheme. Its almost the same level of protection as a credit card potentially yet its not widely publicised. Why is that?

Spoke to my bank this morning (Barclays). Suffice to say that the Customer Service guy I spoke to had never heard of it but managed to escalate it up to a level where there was some acknowledgement of its existance. They won't actually embrace any claim until such time as the date I was due to take the flights has elapsed (6 Feb) but will process the claim then.

This is quite an encouraging step (I think).

Amazing how little is known about this scheme. Its almost the same level of protection as a credit card potentially yet its not widely publicised. Why is that?

Has anybody heard of the Visa Debit Card Chargeback scheme?

I've read that this little known scheme in effect offers the same protection as a credit card would to someone who uses a debit card and then for some reason the supplier fails to deliver.

Anyone know anything?

Has anybody heard of the Visa Debit Card Chargeback scheme?

I've read that this little known scheme in effect offers the same protection as a credit card would to someone who uses a debit card and then for some reason the supplier fails to deliver.

Anyone know anything?

Thanks for that.

Will defo explore that possibility.

As Maxjet were a US based carrier they don't appear to be members of ATOL or any other UK regulatory authorities. I booked direct with them and not via a Travel Agent.

The phone line on the website is just a recorded message with no further real help and the email address just sends an unhelpful auto-reply.

Very frustrating.

For the last year I've been saving to take the Missus to Las Vegas for our 25th Anniversary in Feb 2008.

As an extra treat, I also decided to book the US based business class only airline Maxjet. So in November, I duly paid £1300.00 via my debit card.

You may be aware that Maxjet have just filed for Chapter 11 Bankruptcy Protection in the US. (In effect the equivalent of Creditors Voluntary Liquidatin in the UK).

I have no recourse to a credit card as I used a Debit Card. My Travel insurance doesn't cover an airline actually ceasing to trade. As they are a US based company they don't appear to have the ATOL/ABTA bond/security requirements.

To say the wife is a bit upset woud be a massive understatement.

Has anyone got any suggestions as to what I should do to try and get my money back?

Keep them safe and wrapped in cotton wool!