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Massamum

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Posts posted by Massamum

  1. Have received an enforcement notice under s76(1) CCA 74 from Lloyds this morning regarding my overdraft. It’s a pretty hefty one anyway but interest charges have sent it over by several hundred pounds. Not sure what to do now, should I SAR Lloyds or should I try to claim back charges on hardship basis? There’s absolutely no way I can pay more than the £1 token payments that I’ve been paying for the last year.

     

    Not sure if I’m in the right place with this but perhaps it could be moved to the right place?

     

     

     

    If I go down the reclaiming charges route, what charges am I able to recoup? Can I get the interest charges back? They've been charging nearly £50 interest even though I've asked them time and again to halt the interest. They know I can't pay more than £1.

     

     

    Any help would be appreciated. Many thanks folks.

  2. After Lloyds being in default of CCA and my sending off the in dispute letter I have today received a debt notification from the lovely Westcot. Just wanted confirmation that this is the right letter to send? Thanks in advance.

    ACCOUNT IN DISPUTE

     

    Date:

     

    Dear Sir or Madam,

     

    Account number: XXXX XXXX XXXX XXXX

     

    I am in receipt of your letter dated XXXXX

     

    This account is in dispute with **original creditor/DCA** and has been since DATE .

    Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

     

    My previous dispute from **DATE** has NOT been answered.

     

    As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

     

    As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

     

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

     

    Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

     

    If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

     

    After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

     

    I hope that this will not be necessary and an acceptable solution can be accomplished.

     

    I would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

  3. Sorry SP, have been looking for the letter but without luck. But I did happen across more template letters and it looks like the SAR I sent was incorrect (what a twit), so have sent the one that I found (by 42man) much more info requested on it than the previous one I sent and I signed it with crosses through. I’m sure that a signature done like that will be ok and ‘unliftable’.

  4. Hi Stagparty, for some reason this keeps happening to me (hmm, think I need to read the dummies guide again). If you go to search at the top and type in MBNA debt bought by Link - don't know what to do - can anyone help please? It should bring it up for you.

    Not sure what to do about the SAR thing, I will keep looking for the letter cos I know I saw it here somewhere. If not, I’ll try and put something together along the lines of davey77’s advice.

     

     

     

    What are you going to do?

  5. No probs WelshMam, we’re all in this together (besides am gonna have a read of yours later :)).

     

    Hi Angel, I'd bet a penny to a pound they’ve messed up dates on yours too – whats your link I’d be interested to have a read of it.

     

    I know what you mean Joemay, I’m terrified (but determined as well). I had a good laugh at the doorstep collections link (hilarious), what a treat to have so many clever and entertaining people on here, we all need some lighthearted relief.

     

    Looks like I spoke too soon about the correspondence side of things as I came home to a letter from MBNA saying they’ve received my SAR but for security reasons they need positive ID (driving licence or passport which includes the main cardholders signature) – yeah right, as if I’m gonna do that :rolleyes:

     

     

    They go on to say that even though they’ve sent statements to my home address that a current address is not an adequate form of ID.

    Now, I know there’s a letter on here somewhere to reply to this kind of letter and lord knows I’ve been searching for it, but can’t find it. Does anyone know where I might find the right one please???

     

    Thanks for all your help folks.

  6. Quite agree, but from what I've been reading on here the problem with DOA is they won't let us have a copy (so we can't check date), apparently will have to force them to show it in court.

     

    I will sit tight too regards the in dispute letter - unless anyone else has any suggestions?

     

    Am loving CAG and all wonderful caggers, its very empowering getting to know your rights and having such brilliant support. I feel like I'm finally getting my life back - hardly any correspondence from dreaded DCAs/banks - aah, bliss.

     

    How are things with you Joemay? Did you send the letter to MBNA getting them to prove date of sale? (Sorry not being lazy but just about to go out and haven't had a chance to look at your thread).

     

    Hope you're well :)

  7. Quick update. Received letter from link today saying they don't have my agreement but have requested a copy from MBNA plus the most recent terms and conditions. They also say that this can take up to 30 days.

     

    Their 12 + 2 time is up on the 28th. Does anyone know if this means they will be in default if they go beyond that date, I know it would if they were the OC but does it seem unreasonable of me to expect DCA to have it, or get it sooner?

     

    They also say that they purchased my debt from MBNA on 20 March (so thats the second time they've mentioned that date, first time was in the NOA).

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