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Massamum

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Posts posted by Massamum

  1. ok, just to clarify I am going to send a letter to Link telling them they haven't fulfilled my CCA request and asking them to provide all the documentation mentioned in Angry Cat's post. For the letter to MBNA I will edit Shakey's letter saying they haven't fulfilled my SAR request and mentioning the mis-sold PPI.

     

    Am I right in thinking I should pursue MBNA for the mis-sold PPI and not Link?

  2. thank you so much for all your responses. Shakey, am just trying to put a couple of letters together now based on your draft (thanks for that), and also including Angry Cat's references too. I may have to come back for a bit of clarification on a few things later if thats ok.

     

    Have had another look at Link's response and I they have in fact supplied a copy of the CCA, but none of the docs referred to in it so I'll be sending them a letter about that as well.

     

    Yep Joemay, just my luck eh. Mind you as it was online application I knew they would :( Never mind.

  3. Hi all,

     

    MBNA have now responded to SAR and the CCA was in with that.

     

     

    Its an online application/agreement and is completely enforceable (going by steven4064’s guide), but they haven’t included any PPI papers. There is also a load of other stuff, most of which I can’t make head or tail of.

     

    MBNA haven’t included a copy of the default notice or termination notice in the SAR – should I write to them saying its incomplete?

     

    In one of the documents MBNA acknowledge having sold the debt to Link on 16 March (Link’s letter said date of sale was 20 March), bearing in mind MBNA’s date for remedy was 23 March, they sold it way, way too early.

     

    Link still haven’t come up with the CCA I requested of them and are now hassling me. Does the fact that MBNA have supplied CCA mean I have to acknowledge Link now or are Link still obliged to send me CCA?

     

    Link are asking me to complete an I&E form, offer of repayment and want my current phone numbers (as if!). So it seems they know MBNA have responded to the CCA request.

     

    My question is, where do I go from here please, bearing in mind the default notice may well be dodgy?

     

    Should I start making £1 token payments to Link? Do I need to fill in the I&E? Do I just wait for the court papers to arrive?

  4. thanks for your response Joemay. My sis does have the old docs but over the phone the new insurer said they won't accept them for some reason. She's decided to just send them off and see how it goes. I don't see any reason why they shouldn't accept them. In any case I would've thought the old insurer would have to disclose them under data protection but who knows. Hope you're well. I keep meaning to have a look at your thread, have been really really busy of late though.

  5. Thanks very much for your help here BB and DD.

     

    I have put together a bit of a letter including bits of the template, pt's and also some of Ida in Fife's letter from another thread and added a bit of my own. Not sure if I've got it right or not. Would you be able to have a read and advise if ok folks. Thanks in advance.

     

    Account in dispute

    Dear Sir/Madam

    Thank you for your response to my request under the Consumer Credit Act section 78. You state this is a true copy of the original agreement executed by yourselves and that you have satisfied your obligations under section 78.

    The Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. However, the copy received by me does not fulfill your requirements under the Act and my request remains outstanding.

    An illegible credit agreement, as per the one sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. An illegible agreement does not give me any chance to evaluate whether any original agreement was ‘properly executed’.

    I would draw your attention to the following in this regard:

    Consumer Credit (Cancellation Notices and Copies of Documents)

    Regulations 1983 (SI 1983/1557)

    Quote:

    2 Legibility of notices and copy documents and wording of prescribed Forms

    (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

    (2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that—

    (a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

    (b) every Form shall be completed in accordance with any footnote.

    (3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

    (4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.”

    I still require you to send me a true copy of the original credit agreement, that you allege exists, in legible form.

    As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under section 65.

    The absence of any legible prescribed terms means that a court would be prevented from enforcing it under section 127(3).

    I am granting to you a further 21 days to produce a copy of a legible executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

    After this period you should close the file and cease processing any personal data relating to me on this matter.

    To sum up, I will not be making any further payments to you until you provide me with a legible copy of the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

    I expect you to write to me confirming that the account has been closed and no further action will be taken.

    I look forward to your reply.

    Yours faithfully

  6. hi everyone, a quick query please if anyone can help. My sister has recently had to go bankrupt, she included her old car insurance arrears in the petition and is now in the process of setting up a insurance with a new insurer. The trouble is the new insurers want proof of her nine years no claims discount. My sister has been in touch with her old insurer and they are refusing to supply any written details. The question is, am I right in thinking that under the Data Protection Act they are obliged to send any information they hold on her.

     

    Would be grateful for any help. Thanks in advance folks.

  7. Thanks for your responses.

     

    Yes DD, the print on the copies is so small its ridiculous. I just about managed to read the first page with the aid of a magnifying glass. I’ve typed the wording up below, nowhere does it mention credit card agreement, only credit agreement. Also under personal data and info it mentions this application in paras 3 and 4, is that significant do you think?

     

     

     

    The second page is unreadable, even with a magnifying glass, except for the first heading which again states credit agreement regulated by the Consumer Credit Act 1974. So I will be sending off your letter Babybear, thanks for that.

     

     

     

    Strangely enough, along with the CCA request they also sent me a seven page typed document headed credit card agreement, outlining the conditions of the agreement, it has my name and address on it. I have never seen this before, not sure if it would be the current terms and conditions. I’ll try and scan it up later if that helps.

     

    In the meantime, here are extracts from the 1st page:

     

    The paragraph under “Reply by 13 Feb” reads

    CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974. By signing this agreement you will be confirming that the information given below is true and complete and that you are not less than 18 years of age ….

     

    At the bottom of the 1st page

    DECLARATION AND AUTHORISATION

    This Agreement is subject to the Lloyds bank Mastercard conditions of use as set out overleaf. To be considered for a Lloyds bank Mastercard account you must sign in the box to the right.

    PERSONAL DATA AND INFORMATION

    1. We, Lloyds Bank plc may use the details given and other information about you which we receive to provide you with our services. We may share information with other financial organizations to protect both ourselves and our customers against fraud.

    2. If you cease to be our customer we will retain your records no longer than necessary. You have a right of access to any records about you which we hold on our computer files under the Data Protection act 1984.

    3. Lending is subject to assessment of your financial position and we may pass details from this application to obtain a reference from a credit reference agency (the agency may make a record for future references). If we do not receive full payment of satisfactory proposals within 28 days of a formal demand for repayment, we may disclose this fact to credit reference agencies.

    4. We may disclose details of the account to anyone acting for us in connection with the issue or use of the card. If any insurance is to be taken in connection with this application we may also pass to the insurers any information about you which they require to arrange cover or process claims.

     

    Grateful for any input folks. Thanks in advance.

  8. Oops, missed that got mixed up with another thread. The T&Cs are too small to read so wouldn't like to comment on the enforceability.

    No probs, nice to get a response! The print is really really small and I can barely read the copy myself, let alone when its scanned! I could type it up though if that would help? Am desperate to know if its enforceable or not.

  9. Sorry that was typo the letter you need is an S.10, which tells them to stop processing your data as they have not complied with your CCA request so therfore do not have your written persion to process your data.

     

    But they have! I received a copy of the signed CCA, the link is in my post above if you'd like to have a look.

  10. When you send the S.19 notice it needs to be addressed to the data controller ;)

     

    You also need to give reasons as to why your account is in dispute, ie.lack of CCA etc.

     

    The S.10 letter is in the templates library. If you have any difficulty finding it give us shout ;)

     

    Thanks for the response Babybear but I'm a little confused (doesn't take much!). I have received the CCA and wanted someone to have a quick look to see if its enforceable or not. In Lloyds letter, they say it is and won't be entering into any more correspondence with me.

     

    Just wondering why I should send s19 notice? Thanks again.

     

    Massamum

  11. Hi all, I know its been a while since I said I would post up the letter and CCA but finally gotten myself together and here they are. The copies aren't that great but I would be really grateful for any help at all please as to whether it is enforceable. It does have my handwritten details and signature on it. I thought it was a lot older than 1998 but I remember that I cleared the original card way back and then called them up and asked them to re-activate the account.

     

    Many thanks in advance.

     

    CCA

    terms and conditions

    page one letter

    page two letter

    appendix to letter

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