And here is my reply to the letter from Ms Tipping: Thank you for your letter from Ms Tipping along with a limited amount of the information I requested. In it Ms Tipping states thatshe fails to see why a number of documents are needed.This is irrelevant. It is not up to Ms Tipping or any other member of your firm to decide which documents held on file are appropriate to release,it is however a legal obligation under ther Data Protection Act to supply those documents on request,which you have failed to do. I have again attached the SAR request sent to your client on June 17th (some 3 weeks ago) - they have had ample opportunity to cash the cheque which was enclosed with it if they were unable to afford the copying fees, and ample time to ask for further payment if needed. I intend to contest your clients claim based on their deliberately misleading statements made during telephone calls and letters and in particular those calls made by representatives on or about midday on Friday May 8th and on the following Monday May 11th.I also wish to call into evidence a transcript of the telephone call made by a representative of your client on or about 5pm on Friday December 19th 2008. I am also in receipt of various letters from your client dating back to May 2008 informing mo of the restructuing of the account and removal of all arrears. I have also requested copies of statements showing fees and charges as a representative of your client issued in writing the following statement: " I will continue to suppress all interest and fees on the understanding that payments made will clear the otstanding balance within a 125-month period,I am more than willing to review the fees and charges that have already been applied to the account"How therefore am I expected to accept that the balance claimed by your client is fair and accurate if by their own admission there are fees and charges which have been added to the account which may have been added without my knowledge? I am also in receipt of two letters which both clearly state that the debt is due to be assigned to a third party by a specific date-this also never happened. It is my understanding that any document sent to a client under the Consumer Credit Act must not be misleading-in one instance it was stated that a payment of £100 would clear the arrears-this payment was made but the arrears were obviously never cleared. If this had been done, and the arrears cleared, then the Default Notice is clearly invalid. Unfortunately, I do not feel that your client has demonstrated trustworthy or consistent communication and is is for that reason that I intend to dispute their claim against me. I will be entering a plea of an embarrassed defence by close of business tomorrow as your client has failed to respond to their legal obligation to provide me with information held regarding my account. I think that the County Court is probably the best place for this conduct to be discussed and I hope that by the time of the case, your client has provided me with all of the information I have requested on more than one occassion. Should your client wish to reconsider their position and choose to re-instate the offer of accepting £90 per month as detailed above,then you should contact me immediately in writing or via emailprior to close of business tomorrow.

Here we are CAG Batch1.pdf

Sadly a letter came from sols with a copy of the application form from 1998 and a copy of default notice sent may 2009. They have said they wont send statements unless I agree to pay for photocopying and all interest etc is within their contractual rights-and I guess they have a point Ironically I have in writing a letter from them offering to settle for £3300 in April or £90 per month- I did send them a letter back offering to pay the £90 per month but they ignored it and defaulted me and set Restons onto me-what a lovely bunch looks like I'll have to admit the debt and hope the judge agrees that I can only afford to keep paying what I pay them now otherwise I can guarantee a charging order and bye bye housey

Dear Caggers I have to file a defence for a claim against me by a well known credit card company who shall remain nameless - but it rhymes with nbna. Court papers were issued on June 19th and I have filed and acknowledgement of sevice meaning I only have another 10 days to go to file my defence and counter claim. I sent a letter under CPR asking for all statements ,original CCA etc with payment for £10 as suggested by a fellow Cagger, which was acknowledged by the solicitor (rhymes with Nestons) on 23rd June,meaning the 12 + 2 rule will be up on Friday. What would my next step be, assuming they do not supply the info? As background,I held a CC with them for 11 years, according to them the agreement was started in 1998? The current balance is £10,500- I have no idea how much is made up of interest,charges etc as Ive shredded all my copies!! I started making reduced payments 18 months ago when my salary halved and they were fine up until recently until the sols got involved They offered a settlement figure of £3500 in April or reduced payments of £90 pcm in writing which I agreed to,but have now changed their minds and started the CCJ proceedings. I reckon I must have paid them about £20 grand in interest all together over the years and really want to fight them-suggestions welcome many thanks

I am having a major problem with MBNA-too longwinded to go into here,but the same as everybody else-refusing to respond to SAR's issuing court proceedings etc. They are a member of the FLA who have an online complaints form-I would highly recommend that everyone who has a problem with them fills it in as I have got nowhere with the OFT or FSA- and this seems to be the first step before a complaint can to the Ombudsman-the more complaints they get, the more it will strenghten all of our cases Hopefully if they get enough complaints then they will take some action!! the web address is FLA :: Complaints :: Complaints DJX

Dont mean to hijack this thread but I am having a similar issue with MBNA-too longwinded to go into here,but the same as everybody else-refusing to respond to SAR's issuing court proceedings etc. They are a member of the FLA who have an online complaints form-I would highly recommend that everyone who has a problem with them fills it in as I have got nowhere with the OFT or FSA- and this seems to be the first step before a complaint can to the Ombudsman-the more complaints they get, the more it will strenghten all of our cases Hopefully if they get enough complaints then they will take some action!! the web address is FLA :: Complaints :: Complaints DJX

Dont mean to hijack this thread but I am having a similar issue with MBNA-too longwinded to go into here,but the same as everybody else-refusing to respond to SAR's issuing court proceedings etc. They are a member of the FLA who have an online complaints form-I would highly recommend that everyone who has a problem with them fills it in as I have got nowhere with the OFT or FSA- and this seems to be the first step before a complaint can to the Ombudsman-the more complaints they get, the more it will strenghten all of our cases Hopefully if they get enough complaints then they will take some action!! the web address is FLA :: Complaints :: Complaints DJX

Daear all I recently contacted the OFT complaining about MBNA's conduct-they recently offered me a settlement figure or reduced payments which I agrreed to-then changed their minds and have started legal proceedings !! I am attaching part of the reply-it may be worth it if everybody registers their concern witht the OFT directly I can confirm that the businesses you mention hold consumer credit licences. Under the Consumer Credit Act 1974 (the Act), holders of consumer credit licences must be fit and competent to do so, and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence. The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against these traders, it is likely that we would need to disclose your identity to these traders along with details of your complaint. I should therefore be grateful if you could sign the attached consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

Dear all I am about to battle MBNA in court and wondered if anybody had ever complained to the OFT about their practices in particular trying to force you to pay money they know you dont have? Under OFT Rules the following is a breach of conduct Pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so – 2.6f. • What repayment offer was made? • Pro rata offer, as per offers to other creditors? And, if so, did other creditors accept? (YES ALL BAR MBNA!!!) • Did client and/or adviser explain their situation via completed financial means statement? And, if so, what was debt collector’s response? (YES-OFFER IS UNACCEPTABLE-WE WILL BE COMMENCING LEGAL ACTION) The above is definitely my experience of these lowlife and those that they sell our debts onto and I wanted to file a complaint with the OFT prior to my court case-any suggestions

Please count me in - PM me with any templates etc for the FSA-MBNA are they most appalling bunch and they are clearly in breach of every aspect of treating customers fairly expectations needed to retain a consumer credit license-anything I can do to help-count me in Ive got a court case coming up against them too!!!

I received the first stages of court threat letters from Restons today-giving me until June 17th to pay in full or legal proceedings will be taken etc etc It is also a debt with MBNA, who offered to accept £90 per month in May and then changed their minds and sent the debt to Restons!! When I sent Restons a copy of the letter from MBNA saying they would accept £90 per month, they said this was no longer acceptable to their client and they wanted the full amount (£10,000) by 17th June I am on a DMP with CCCS who have been brilliant and it is only MBNA who are being nasty. As and when I get the court papers would anybody be able to help me fill them out? I havent SAJ'd MBNA yet-should I do that now or send the sample letter in the thread once court proceedings are issued? All your advice would be much appreciated DJX:grin:

Hello everyone-this is the most informative thread I have ever read-well done and thanks to you all!! I received the first stages of court threat letters from Restons today-giving me until June 17th to pay in full or legal proceedings will be taken etc etc It is also a debt with MBNA, who offered to accept £90 per month in May and then changed their minds and sent the debt to Restons!! When I sent Restons a copy of the letter from MBNA saying they would accept £90 per month, they said this was no longer acceptable to their client and they wanted the full amount (£10,000) by 17th June I am on a DMP with CCCS who have been brilliant and it is only MBNA who are being nasty. As and when I get the court papers would anybody be able to help me fill them out? I havent SAJ'd MBNA yet-should I do that now or send the sample letter in the thread once court proceedings are issued? All your advice would be much appreciated DJX:D

I HAVE HAD A PETITION ACCEPTED BY NUMBER10!!! PLEASE SIGN IF YOU ARE UNHAPPY WITH DCA CHARGES DAVID Petition to: Force Debt Collection Agencies to disclose the actual amount they have paid to purchase a debt and be forced to pass on this information to the borrower. | Number10.gov.uk

edited

Excellent I will do those over the weekend

Thank you-taking a while to navigate my way round-I was at wrist slashing stage recently-Ive been cheered up so much by peoples comments and sense of humour as well as knowledge-will spread the word to all my friends who are in doo doo too (there are many LOL)

Interesting-I have been paying Abbey by DMPfor over a year now and a letter came two days ago saying they had sold debt to RW RW wrote today saying infrom DMP thatthey wre now taking payments and carry on as normal-do you think it is worth writing too them and seeing what they would take as a settlement? The offer to pay that sum back in in stallments?

First can I say what a relief it is to find people in a similar position to me!!! Also a lot of you seem very clued up so Im hoping for some help if possible. Abbey have also sold my debt to Robinson Way - itwas for a loan taken out in 2006 for £10,000 which was paid normally until a year ago when I took out a DMP and they agreed to reduced monthly payments of £50 a month. A letterarrived out of the blue two days ago saying that they had sold my debt to RW, all communication must be with them etc etc and that the balance was £16500!!! There was obviously nio number or address on the letter for Abbey, just for RW. A letter arrived from RW today confirming the balance at £16,500 and that I should ask my DMP to pay them instead at the same amount. My question is this- where on earth did they getthe £16500 figure from, how can I find out and how can I dispute it?I have paid off £6500 in total off a £65000 debt and this wipes out all those payments in one go and puts me back to square one!! I hate banks

Hello everyone-seems Im in good company with my debt problems I have had a DMP in place for a year now with CCCS who have been very helpful and all was good until Abbey (love em) sold my loan to Robinson Way. My original loan was taken out in 2006 for £10,000 and I was making full payments until last year when they accepted reduced paymants of just under £50. According to Robinson Way the balance now stands at £16,500!!! Any idea how I can get them to prove why the balance is this much`? I dont have the original loan agreement and they have told me this is what Abbey said the balance was and Abbey have told me that they are no longer dealing with the loan and to speak to Robinson Way. Any advice much appreciated