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Carol16500

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About Carol16500

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  1. To answer the questions, all letters were sent by recorded delivery and I have signed proof of receipt. The debt was originally with Halifax, then Blair Oliver Scott took it over. I was paying them each month in accordance with an agreement we reached. Then out of the blue I received a letter from the debt collection agency that I requested the copy of the CCA from. I have no idea whether it was assigned or sold.
  2. On 13 January 2009 I received a letter from a debt collection agency who had taken over my debt. I wrote to them on 27 January 2009 requesting them to provide me with a true copy of the credit agreement relating to my account. I wrote to them again on 2 May 2009 advising them that they had failed to respond to my request and that the account is therefore in dispute and that they may not add further interest or charges to the account, pass the account to a third party etc (using the recommended template letters). I heard nothing at all from them for nine months and then I received a letter from a different debt collection agency requesting payment in full plus payment of various charges that had been applied to the debt. Can anyone advise me as to my legal position and adivse me as to what I should do now.
  3. Hi - first five pages of agreement attached. doc2.doc doc3.doc doc4.doc doc5.doc doc6.doc
  4. Hi - I'm reposting this thread as I wondered if anyone had any answers for me yet. My debt was sold by Blair Oliver Scott, without informing me even though I was making regular payments, to a debt collection agency in France, where I live. As recommended I wrote to the new collection agency requesting my CCA on 19 February 2009 and again on 2 May 2009. I heard nothing. Then on 22 September 2009 I received a letter from a new debt collection agency who had obviously bought my debt, even though the debt was still in dispute because I hadn't received the CCA. I wrote to the second company on 24 September advising them that the first company had failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement and also reminding them that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute, including selling the debt. I heard nothing until I received a letter dated 13 January 2010, along with a true copy of the CCA, from the second company giving me 4 days to pay the outstanding amount plus charges they have put on for fees, interest and penalties. Any suggestions as to what I should do now? The debt was sold while in dispute but the new company has the original CCA. What is my position? I would be grateful for any suggestions. Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09
  5. Remaining files attached doc7.doc doc8.doc doc9.doc doc10.doc doc11.doc
  6. Now uploaded as word doc, hope this helps. First 5 files attached doc2.doc doc3.doc doc4.doc doc5.doc doc6.doc
  7. Copies of 1st 5 pages attached. Many thanks in advance
  8. My debt was sold by Blair Oliver Scott, without informing me even though I was making regular payments, to a debt collection agency in France, where I live. As recommended I wrote to the new collection agency requesting my CCA on 19 February 2009 and again on 2 May 2009. I heard nothing. Then on 22 September 2009 I received a letter from a new debt collection agency who had obviously bought my debt, even though the debt was still in dispute because I hadn't received the CCA. I wrote to the second company on 24 September advising them that the first company had failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement and also reminding them that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute, including selling the debt. I heard nothing until I received a letter dated 13 January 2010, along with a true copy of the CCA, from the second company giving me 4 days to pay the outstanding amount plus charges they have put on for fees, interest and penalties. What happens now? The debt was sold while in dispute but the new company has the original CCA. What is my position?
  9. TCMS have not responded to either of my two previous letters and have not supplied the CCA. I have now received a letter from them which they say is the last warning letter and I have five days to pay the total amount, after which time they will commence judicial proceedings which, they say, will mean they could seize my bank account, sell my furniture or seize my salary. This letter is not signed and appears to be a photocopy. I welcome your advice as to how to proceed.
  10. Following your advice I sent a letter requesting documentation relating to the credit agreement. They received my letter on 10 November and I have heard nothing from them, apart from a telephone call threatening to take me to court. What's the next step, please? Also to answer a previous question, 11 months after the event I have never received a notice of assignment from MBNA advising me that they sold my debt.
  11. Thanks for your prompt reply and I will immediately carry out your suggestions. MBNA did not send me a notice of assignment when they sold the debt. They sold the debt to Arrow in January and the first I knew of it was when I received a letter from Arrow dated 25 September 2008 (although I didn't receive it until mid October) along with the default notice. When I spoke to Arrow on the phone they said they would have sold the debt on to TCMS a couple of weeks after they bought it. The letter I received from TCMS was also dated 25 September 2008. I don't know if it's worth mentioning, but the amount outstanding that Arrow say they have is £30 less than when the account was frozen in August, even though I've continued to pay £30 or £35 per month from August 2007 until September 2008. It does look as though these payments were never credited to my account. Is it worth me still talking to Virgin as they were concerned about my complaint against MBNA as it's their name on the card?
  12. After moving to France I hit major financial difficulty and could not keep up payments on Virgin credit card. I contacted them and I was put in touch with the hardship department. I sent statement of income and expenditure. MBNA contacted me and said they needed £85 per month as a repayment plan for the outstanding amounts. At that time I couldn't afford £85 and they asked me what I could afford. I offered £30 and they agreed that I would pay £30 a month and all interest rates and charges would be frozen. Because I was only paying £30 I was told my credit rating would be severely damaged but the debt would not be sold to a debt collection agency. Since August 2007 I have paid each month religiously £30 and even increased the amount to £35. Since then I have had no communication from MBNA regarding my account. Two weeks ago I received a letter from a debt collection agency (Arrow Global) to say that my debt had been sold to them (in January 2008) and they had sold it on to TCMS. I then received a letter from TCMS claiming the whole amount otherwise they would take me to court. As you can imagine I was quite shocked by this and contacted MBNA, who confirmed what had happened but stated they had no record of my £35 per month being paid to them. I actually offered to send them copies of my bank statements to prove that this amount had been paid each month since the agreed date and they went on to say that it doesn't matter because the debt had been sold now anyway. I then went on to contact Virgin, who suggested I contacted MBNA's Customer Advocate Department, which I did. MBNA have now written to me stating that the £35 wasn't enough, which was started in August 2007, and quote "Further to this as you were unable to increase your monthly payments, your account defaulted on 31 December 2007 and was sold to Arrow". They made this statement even though they had not contacted me to ask me to increase the payments any time between August and December. Also in the letter, and I quote, "I assure you your payments of £35 have been forwarded to Arrow". But there is nothing I have received from Arrow to say that they have received these payments. According to MBNA this one letter, which did not answer the questions I had put to them, is the end of their complaints procedure and is their final response on the matter. What can I do???
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