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Massamum

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Posts posted by Massamum

  1. I saved a copy of an in dispute letter by 42man from a thread a while ago in case I needed it.

     

    As I'm going to send a letter out tomorrow I've just had a quick read through it and wanted to check something - "should you refuse to comply, you must within 21 days provide me ...." and then a couple of lines below "should you not respond within 14 days ..." and then few more lines below "you have 14 days from receiving this letter". Am confused. Can someone please confirm if it should have both 21 and then 14 or or whether it should be one or the other. Thanks.

    _________________________________________________

    "Recorded delivery

    Account In Dispute

     

    Ref:

     

    Dear Sir/Madam

     

    Thank you for your letter of xx/xx/xx, the contents of which have been noted.

     

    You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

     

    On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

    You have failed to comply with my request, and as such the account entered default on **DATE**.

     

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

     

    Furthermore

     

     

    You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

     

    This limit has expired.

     

    As you are no doubt aware section 77(6) states:

     

    If the creditor fails to comply with Subsection (1)

     

    (a) He is not entitled , while the default continues, to enforce the agreement.

     

    Therefore this account has become unenforceable at law.

     

    As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

     

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

     

    Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

     

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

     

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

     

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

     

    It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

     

    Should you not respond within 14 days I expect that this means you agree to remove all such data.

     

    Furthermore you should be aware that a creditor is not permitted to take ANY

    Action against an account whilst it remains in dispute.

     

    The lack of a credit agreement is a very clear dispute and as such the following applies.

     

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.

    * You may not add further interest or any charges to the account.

    * You may not pass the account to a third party.

    * You may not register any information in respect of the account with any credit reference agency.

    * You may not issue a default notice related to the account.

     

     

    I reserve the right to report your actions to any such regulatory authorities as I see fit.

    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

     

    I would appreciate your due diligence in this matter.

     

    I look forward to hearing from you in writing.

     

    Yours faithfully"

  2. quick update on this, today was the last day for lloyds to come up with the goods. Bit of a problem though. I sent by recorded but when I checked on track and trace it has no info except that the item was accepted at my local post office! I sent it to Lloyds registered office. Any ideas what I should do now please? Should I send the account in dispute letter? Thanks guys, any help appreciated.

  3. That gave me my first chuckle of the day DG, thanks for that. Would love to be a fly on the wall and see Link having a tantrum, I bet it ain’t a pretty sight :grin:

     

     

    When you have a minute would you be able to let me have a link to your thread please? I’d love to have a read of it. Such brilliant news for you getting it struck out, good for judge (and good for you too). Well done.

     

    Have now decided to try and reclaim charges etc from MBNA, not entirely sure how I go about it though – do I have to SAR them or is it too soon?

     

    Thanks in advance.

  4. Hi Joemay, I haven’t heard from Link at all (apart from the ‘call Helen’ card). I checked on track and trace and the CCA letter I sent left their local post office on 8 April so can assume it was delivered that day – not sure, but I think that means the 27th is their last day, not that I'm holding out much hope that it'll do any more than hold them up a bit. I had a lovely break thanks, it helps to know that we’re not alone in this and that there is so much help on here. Hope you had a good break too, I’ll be keeping my fingers crossed that your post box is empty tomorrow ;).

  5. Hi Joemay

    I wouldn’t trust a thing any of them say.

    Can’t remember what the implications about the account number are and I haven’t been able to find the thread, but will keep trying.

     

    I'm confused too and the more I read the worse it gets. So much other stuff going round in my head let alone all this new info too!!! I expect you’re the same. Had some good advice on my thread from DG, she said to try and forget about it for a few days (I’m going to try), thought I’d pass it on :-D

  6. Thanks DG. I’ve checked back on all my old letters/statements and its always the same account number. Good for you keeping check, use everything you can against them - its a shame they don't leave numbers of our balances isn't it. Link’s name is on the bottom of the card, quite small letters but its still there for the world and his wife to see. There’s absolutely no way I’m going to call them, been there, done that, got the t-shirt etc. Changing my number was the best things I’ve ever done.

    I’ve just checked on track and trace and it said my CCA letter was delivered from their ….. office on 8/4/09 – so does that mean Link have until 28 April to produce something (what with the bank holidays etc)?

  7. Hi Joemay, how are things with you today? Any more calls from Mr Stroppy? I came across some info tonight in another post. Basically said that if an account has been sold to a DCA that a new account number would be given.

     

    Interestingly enough the number on Link’s NOA is my MBNA account number, so I’m guessing the debt hasn’t been sold to Link after all and that they are merely collecting on MBNA's behalf.

     

    What does it say on yours? Do you have a new account number or is it your old one?

     

     

  8. Hi all and thanks for your posts. Many thanks for the above Shakey, most informative. I did have PPI on the account but as I seem to remember I insisted on it “just in case” (no policy docs received though). Turned out to be a complete waste of money as the tight wads wouldn’t pay out when I did make a claim.

     

    Will post up whatever Link send back, plus I'll keep any envelopes from now on as I haven't so far.

     

    Getting back to assignment of the debt, I’ve been reading lots of different posts on here and I came across one tonight (my laptop crashed and I couldn’t find it again so can't quote from it:mad:). It said that if the account has been sold to a DCA that they would be given a new account number. But the number on Link’s NOA is my MBNA account number, so I’m guessing the debt hasn’t been sold to Link after all and that they are merely collecting on MBNA's behalf. Can anyone confirm if that’s correct please?

  9. I'm by no means an expert but it appears to me that you haven't actually received a notice of assignment at all...you have only received a letter from Link claiming ownership of the "debt" . Surely a notice of assignment would have to come from MBNA (I think)

     

    Hi andyr666, I read on another MBNA thread that it doesn't matter whether the NOA comes from MBNA or Link, as long as one of them notifies me it means its done.

     

    I haven't seen a notice of assignment before so no idea if it is a NOA or just a letter - can anyone confirm if its the notice please?

  10. I quite like this approach....

     

    When DCA phone I tell them how pleased I am to speak to them as I've been on my own all day and i've been really lonely and love to talk to people. I think reel off my opinions on anything to everything - from what Dot Cotton said on East Enders to how many times i've been to the loo in one day!!

     

    They will try to talk over you, but just keep going, talking about absolutely nothing meaningful - they soon hang up!!!

     

    They other fun method is answer why with everything. They seem to get really annoyed about that - can't think why???

     

    This one made me laugh out loud, one of the funniest things I’ve read in a long time, thanks yourturntopay, I needed that.

     

    Wish I’d known about this site when I was getting the never-ending calls. Makes me feel sad that I can’t join in anymore (I’ve changed phone number).

  11. Hi Joemay

    Sleep, whats that? :roll:

    What a cheek the Link guy got stroppy! That couldn’t have been nice for you, well done for standing up to him. What a load of rubbish that they can’t communicate in writing, they managed to send us both the notice of assignment without any problems. I’ve read on some posts that when DCAs call, refuse to go through the security questions so they can’t continue with the call. Worth a go. Try not to feel nervous, it sounds like you’re doing really really well.

     

     

    For myself, I’ve just CCA’d Link. I know its not the greatest thing to do but at least I feel as though I’m doing something. So we shall see what comes back.

     

     

     

    I was reading a good post earlier, its well worth a look – post 87 by Andyorch you may find some useful info in it.

     

     

    Also, have a look at this post as it has a link to a telephone harassment letter on it, it may be worth your while sending that to them Renegotiation.

     

     

     

    Stay strong.

  12. Thanks DG. I’ve heard nothing from MBNA regarding Link. I’ve received many letters from them threatening “MBNA will place my account with a third party to obtain payment of the full balance” and “MBNA will sell your debt to a third party – you will no longer be an MBNA customer and the third party may apply their own fees to your debt”. But that’s all, no notice whatsoever that it has actually been sold on.

     

    I’ve been reading lots of other posts in these forums and to be honest I’m even more confused than I was at the start - my head is spinning with so much info!

     

    Thanks for the pm Shakey, I don’t know how to go about challenging unfair bank charges or mis-sold PPI. Is there a template letter for that???

     

    I think I will CCA them, even though an online application it might slow them up a bit.

     

    Any other suggestions gratefully received.

  13. Hi 42man, thanks for that - the agreement was early 2007 (February) – does that make a difference?

     

     

    Thanks for all your help PmW, also for the bumps :)

     

    I still haven’t contacted Link as I wanted to get them to prove they own the debt. Its been a while since they sent the NOA and I’m getting a bit worried it’ll make things worse if I continue to ignore them, but I don’t want to do the wrong thing!!! Should I contact them? Does anyone know of a template letter I could use?

     

    Thanks in advance.

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