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Everything posted by BlueSquirrel

  1. So does that explain why when you send in pound for the CCA they credit it to your account?
  2. Thank you! I will let you know what happens. I am not trying to avoid this debt, but let's face it if there was a clause in there, that said if I didn't pay they would take my grandmother, they would do it, so it seems only fair that the contract terms (or lack of them) work for both parties.
  3. They don't have to try and trace me, I have told them where I am but I am not in the EU or a country with a reciprocal agreement, so I can't see what jurisidiction they will have to enforce the debt even if they are successful in obtaining a UK CCJ.
  4. I have responded to them saying that if they issue on the previous UK address, they do so in the knowledge that it is not my current address and that anything served there will not reach me. They may go ahead and do it anyway, but they can't plead ignorance. My CCA request is over 6 months old and has been ignored and I know from looking at copies of others of around that date that it should not be enforceable anyway, so perhaps they are all mouth and trousers.
  5. Hello I picked up on this post because I am abroad and a solicitor for Egg is threatening court action. Someone on another thread said they could maybe used substituted service. What can they do via county court if I am outside EU? This is also for an Egg Loan and they have never sent me a copy of my agreement
  6. But we are talking about the county court here not the High court. I am not domiciled in the UK or any EU country. What is the likelihood of them going ahead do you think? After they have obtained their CCJ by default, they cannot enforce it surely?
  7. Yes I gave them my non UK address. I wrote to them to say I have not had the CCA from the credit card company nor has anyone told me that it the debt has been passed to them to deal with. The UK address they have is not a property I own or have ever owned. I was aware of the substituted service issue but I did not think that also applied to an overseas address as I thought they had to serve within the jurisdiction of the court.
  8. So I can defend without attending? Clearly it is not practical for me to attend the hearing or do I need to organise someone to deal with it for me. I thought they could not issue proceedings on non UK residents?
  9. I am convinced they do it on purpose, I have told everyone I am dealing with that I am overseas and given them my address, but they continue to write to my previous UK address. Probably so they can issue county court summons and get judgement by default.
  10. I have received a letter from a solicitor acting for a credit card company I am in dispute with. I sent a CCA request back in March but despite writing to the credit card company saying the account is in dispute I have heard nothing. Now these solicitors say they will be issuing a county court claim. Can they do that when I am not resident in the UK and am permanently resident overseas (not in EU.) Is it lawful for them to issue on my last known UK address, (een though they know I do not live there) in which case they will probably get judgement by default without me knowing about it.
  11. Just a very quick question, can credit card companies pass on the debt to a debt collector, BEFORE tjey have issued a default notice or can they pass it on when they feel like it?
  12. Just another thanks to TD for the report. All very interesting...
  13. And I still love Darset's reply when they said they were a telephone bank "that's a shame as I am a letter writing person." I did say to the person from MBNA I could understand why she was in a bad mood having such a cr%p job but they went all defensive and said MBNA don't owe you money, we don't have to do anything. WHATEVER
  14. They can't read letters, they are a telephone bank, remember! When I said they were able to SEND letters I was told they are all computer generated. They then went into their highly technical and articulate "You've spent the money, you need to pay it back" argument. YAWN
  15. I removed my phone numbers but still they call. Even though they wrote and said they didn't have my phone number after phoning me about 10 times. I got the usual thing yesterday about them being a "telephone bank" and it was not their fault if I had not realised that when I took the account out.
  16. What annoys me about MBNA, is they take 6 months to reply to an SAR, send a copy of my agreement which isn't actually a copy of my agreement and ignore my letters. They have rung me up at 5am and 6am and tonight again while I was having my dinner and then tell me I am being awkward because I don't want to speak to them and want everything put in writing. Just wanted to vent.....
  17. I did eventually get my SAR from MBNA although it was mostly impossible to decipher. I sent in a letter with some queries and they have not responded.
  18. BlueSquirrel

    Darset v MBNA

    I probably should have restrained myself but I was just feeling frustrated having sent numerous well thought out and reasoned letters only to get a garbage-a gram in return. I just got a DN too and in common with a couple of other companies, having corresponded with me at my new address the DN was sent to my old one.
  19. But what happens if you commence a claim for charges and in the course of this you do an SAR which produces a CCA which you then realise is not enforceable, so you then dispute the account.
  20. Doesn't it mention an "intelligible format" for SAR. So if you can't read it...
  21. Had a few more calls from these jokers, I still have no idea who has instructed them, they say they have written to me but I have received nothing. They gave me an address they had sent a letter to before ascertaining who they were speaking to. I don't think professional or intelligent are words in their repertoire.
  22. Thanks for that There was another posted about 6 months later that may have had a slightly different wording....?
  23. BlueSquirrel

    Darset v MBNA

    I wrote them a letter headed You Need To Reply To My Correspondence! Bold letters, capitals and exclamation marks seem to have some kind of special magic powers so I thought I would give it a go.
  24. I remember seeing a letter posted on here from the OFT regards true copies and after much searching I cannot relocate it. Can anyone point me in the right direction. Thank you
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