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Posts posted by scanjet1954

  1. Can you scan it up? Removing all the personal information, of course.


    What they say was on the back may not have been, so it would be helpful to have a look.


    Sorry, my scanner isn't working.


    The priority form looks like one I posted sometime ago although the terms on the back are very small

  2. My husband has been in diispute with MBNA for approx 4 years.Various Debt Collectors have been involved and no paperwork has been found. The latest being Rockwell who have sent a photocopy of a priority request form signed by my husband. Its at the top of an A4 sheet of paper and 3 inches deep. on the reverse there is Financial & related conditions. The wording is very small and like theother page is width of A4 sheet of paper and approx 3 inches deep.


    Iis this valid paperwork?

  3. I asked for the refund of PPI and they sent letter 1 in reply.(in pdf below)

    I asked them to reconsider and they sent letter 2 in reply.(in pdf below)


    I have read on here that they have paid up after receiving a letter before action but would like a bit more input from other caggers regarding this.


    The letters that studio are sending appear to be their standard response. Yes, I would like some info regarding sending a letter before action.

  4. Update:

    They wont up-hold my claim and the letter they sent had the following paragraph.

    We sell insurance on a non-advised basis and therefore only provide customers with clear balanced information to enable them to make an informed choice. On this basis we do not take into account existing insurance that a customer may have in place nor do we make any recommendation on the suitability of the product

    [end quote]


    Oh and they remind me of my rights to refer the matter to the FOS

    Anyone have any thoughts.



    I have tried exactly the same with Studio. They refunded the charges but refused to refund the PPI payments quoting the same wording.


    Any advice on how to proceed would be appreciated.

  5. Hi


    sorry - i haven't had any experience with studio and ppi - i'm definitely not an expert on any of this as i'm acting on the advice of the experienced members on here but i would suggest writing another letter regarding the PPI only - sometimes when you have more than 1 request/query in a letter they conveniently forget to act on all matters in hand. I would inform them that you have already written to them regarding this and therefore expect a speedy resolution.


    Best of luck



    Thank you for your help. I have written to Studio regarding the PPI payments so will wait and see what rep;y I get back.

  6. I sent Studio a CCA letter with a £1 postal order. In response they sent me a form filled in with my name and address but not the address I was living when I opened an account with Studio. The £1 was credited to my account. I then sent Studio an SAR and a postal order for £10.00 and also asked for details of the PPI payments. Again the £10.00 was credited to my account. Studio sent me a print out of my account from which the total of PPI payments came to £1,108.95 and default charges of £280.00. I asked Studio to refund me the PPI payments and default charges. Studio wrote back very quickly to say they have refunded the £280 charges as a goodwill gesture but didn't mention at all the PPI payments. Has anybody else had problems with PPI refunds?

  7. Have you contacted Access to Work? They will complete an initial application over the telephone and will let you know if you qualify. The paperwork will then be sent out to you to check, sign and return. Access to Work will pay approx 80% of the costs. Access to Work will then arrange for a full workplace assessment to be carried out and a full report and costings will be sent out to you. It is down to the employer as to whether they think the costings are reasonable.

  8. Are they changing ?

    I ask because I get mine every 4 weeks usually. I had a payment on 27th Jan and then I got a payment on 17th Feb (3 weeks money). Haven't rung them yet, just wondered if anyone has had the same.



    I received my DLA payment also on the 27th Jan and the next one was paid on the 24th Feb (due date) so not sure why they have changed yours. I would give them a ring to see why.

  9. Davey77 posted the link to your thread on my own (Bones v MBNA) as some of the paperwork you have been sent is similar to my OH's. I will be watching to see how you get on.

  10. I would take a look at Mercman's thread who has had a similar response:




    The signature document must contain the prescribed terms. Their argument could be that the 'financial and related particulars' are on the back of the signature portion (and they contain the Prescribed Terms etc) but they have already shot themselves in the foot by admitting the poor quality and that factor alone is enough to argue your point:


    s61 CCA - Signing of agreement:

    (1) A regulated agreement is not properly executed unless—

    (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

    (b) the document embodies all the terms of the agreement, other than implied terms, and

    © the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

    s127(3) CCA:

    (3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).


    If what they have sent is illegible in any way then it means they have not complied with s78(1) and are therefore in default under s78(6).




    Thank you for your response as all help is gratefully received.


    Now off to read other thread.

  11. That link now works - thanks :D Send the last letter I posted. The terms and conditions are not only new, but also difficult to read. As for the "agreement"......no, it's not. There is no credit agreement included in the documents they have sent you, there is no signature from you which links you to the t&c's.......;)


    Thank you very much. The only signature, which I have erased. was on the priority request form. They obviously think think we will accept whatever paperwork they send us as being "correct".

  12. Link is broken for number 6, so haven't been able to look at that. Hmmmmm.....instead of sending the letter above, just send this dispute one. What they have sent you is unenforceable (although, if you can repair the link on number 6 for me to look at, would be a great help):


    Thank you very much, your help is very much appreciated.


    I will try link again




    I will also get letter ready to post off. We are waiting to see if MBNA send the same information on the other account.

  13. So that is all they sent you? Just a bunch of new terms and conditions? If so, send the following letter:


    Thank you for your quick response.


    Scan 1 is the covering letter

    Scan 2 is a copy of a Priority Request form

    Scan 3 is Financial and Related Conditions

    Scan 4 is a covering letter re the current terms and conditions

    Scans 5 -8 are copies of credit card agreement and terms which are current and not from 1999


    Do I still need to send the same letter you have quoted?

  14. My OH has 2 accounts with MBNA which have now gone into arrears.


    Letters sent by recorded delivery have gone to MBNA.


    We have received some paperwork for one of the accounts.


    Could someone please have a look and advise if this is enforceable?


    The T&C appear to be recent ones as they mention £12.00 which wasn't applicable when the account was opened.


    Fortunately, MBNA do not have our new telephone number so we are not being harrassed by constant calls.











    This is my first time trying to upload the photos so I am sorry if I haven't done it correctly.

  15. The OR can ask you to take the pension early in order to get his hands on the tax-free cash payment which you are entitled to take.

    Hence you need to check out the small print of the pension scheme to find out if there is an early redemption option. If there isn't you are in the clear.


    Hi Palomino,


    Thank you - I will ask my hubby to find the paperwork. We hadn't thought about drawing it earlier as the lump sum and monthly payments aren't vast amounts.

  16. Hi Scanjet: Yes, you need to consider it all. Bankruptcy is a big step. The downside of a long term arrangement is the pension in 4 years or so. Having said that, it very much depends on the total debts also, if there is a property involved. In which case your husbands half share would go in to the pot. The OR would usually give around 12 months to sort that bit out. Good Luck.


    Hi Nevos,


    Yes, it is a lot to think about. We also need to take into account that I am disabled and my husband isn't in good health. We live in private rented accommodation so we do not have any property to worry about.

  17. Hi Scanjet:


    It may be worth looking at the debts and depending how much they total, you could consider trying to make a minimum payment by way of a family arrangement. You would need to make an income and expenditure sheet to accompany your offer. Are the debts still with the original lenders?


    It is not so difficult to prevent the calls and harassment. A simple letter stating, I will only communicate with you in writing etc which, you can find here would suffice.


    Hi Nevos,


    Thank you for your help and advice.


    We are going to sit down and work out a plan of action. We did think of initially offering an amount we can afford but don't want to be paying out for years and years with the debt not shrinking. If I lose my job and we are living on benefits then we are going to struggle with paying the essential bills let alone what the creditors would expect.


    We don't tend to answer the phone and only pick up on numbers we know.

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