I did tell them to deal with Payplan but they were just trying to update there records as so to speak, investigating things such as were our children of the age of 16 yet, house mortgaged still etc you can guess the spiel....(should be grateful of our continual payments if you ask me to be honest as we try our best!!) Will do the CCA & Postal order letter to then....thanks Vint1954 & go from there as to what I decide to do next with them.

Being harassed by telephone this week by these guys. We are in dmp with Payplan as with all our debt payments so dont like to initiate things unless provoked & then will come out fighting if necessary. Link 2yrs down the line are now coming onto us asking all sorts of questions. I managed to rescue the call from my husband asking them if they have anything to say they put it in writing & have briefed the husband since about not talking to DCAs. He now ignores the calls since then when there number comes up on the phone! I am now ready to CCA them as having prev experience of MBNA/Restons actions done to us, can tell something is about to brew! My question is should I go straight for a Subj access request letter regarding this debt first (its an ex MBNA debt with Payplan from 2004 that went onto Link in 2008 8) or do the letter for the CCA to Link first? Incidentally this will be a very very old agreement that will need to be found from prob some time pre 2000

Yes I know what you mean MJ so thought I'd stay positive in the meantime and keep in mind the saying..."all good things come to those who wait" .....heres to our good luck in 2010 ...& will keep an eye on your threads too

excellent thread, subbing with interest from the knowledge of caggers that have posted & well done 00765 - Sorry Mandyjane to hear of your further bad news....keep positive

I didnt get one just them going for summary judgement immediately which I understand is quite common of them!

Well done Gazza pleased to hear of another success & will keep your thread in mind when mine are at the ready (still waiting my outcome from the DJ at my hearing last July).....congratulations

A friend of mine who was unemployed was moving areas so had to rent somewhere, her initial 6mths (because she was unemployed) was required up front which she managed out of her redundancy money, she had no credit checks done or had to show any financial bank accts etc - glad you have the guarantors as if that info is required anything like that will help you too

Sorry here goes will edit the above too... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191353-what-if-judge-asks.html

littlefatbudha from my experience (day in court) when I got served copies of my supposedly orig DN's I mentioned that if that was a true copy of the default notice (in my case incorrect acct no's on it) it breached the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as it failed to set out the name and a postal address of the creditor or owner as laid out in schedule 2 of the regulations, regulation 2(2) paragraph 2. My copy DN from Restons was missing the MBNA's bits on the top & reg no etc (like the original had) so this meant it had breached the companies act, as it did not bear the companies registered address and registration number on it so was not a representation then. The judge asked the solicitor what he had to say in response to this to which his reply was along the lines of he thought it did have the details on it. The judge then corrected him by telling him it didn't as he had a copy of there DN from me in front of him I dont know if any of this info will help you too for your court appearance on 5th Jan but hope it does if your DN is missing this information too. Also useful threads to read that helped me in my many an hour on this forum beforehand were (also print off the relevant acts to hand & use postik notes within them for quick ref) http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191353-what-if-judge-asks.html GOT A COURT DATE? Important, please read......

I'm sure there was a link at one time that you put your postal order no into & it would tell you there. Will scout about but what I did have doesnt seem to no longer work? can you check to see if a postal order has been cashed?

I wouldnt have thought so they would just want proof of your income in order that you are able to rent along with references. Its only financial institutions & applying for credit situations that would run checks for defaults etc I would imagine.

This thread might hold some useful info for you too that I had filed http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/151137-social-security-nhs-continuing.html mandyjayne sorry to hear about your mums declining health, Matt hope you get things sorted soon.

Yes & dont we know that!!! My SAR was headed to MBNA anyway if you had cared to look. Yes & dont we know that!!! Mark you believe they will have copy of an agreement :idea: I dont think so in alot of cases. Restons certainly do not intimidate me and anything they want to try in my case will be challenged to the hilt.... Jason hope my extended info on the SAR details have helped. Might aswell ask for the lot & get your tenners worth!!!

Hi I'm with Payplan they were great at handling everything and no sooner did they take hold of everything the interest stopped being added to my credit cards (Apr2008). I had tried initially to do this myself with all the creditors but kept hitting brick walls. MBNA & I believe HSBC are awkward in accepting DMP payments but you can only pay what you can afford so thats all there is to it & they like it or lump it. You are not alone having found this website & will continue to gain lots of help & advice along the way whenever you need it. Good luck.

Hi subbing too for the March meet up sounds a blast being around this area too......

wow Royal Blue...can they not comply with the cpr requests after all diddums diddums. The ball is in there court isnt it as prev advice been given. How are you suppose to negotiate something you are possibly not liable for in the first place My thoughts tho is if you dont respond to showing a negotiation could this not go in your favour if it does get to a hearing stage??? But then again by asking for the docs it is because it is in dispute if you indeed owe any of this orig debt in the first place. Perhaps you can remind them in your reply that you have an excellent chance of successfully defending this case and remind them of..... Sir Andrew Morritt's view in the Court of Appeal on the whole issue of CCAs: Quote: “In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid”. This quote can be seen at http://www.francisbennion.com I think they are scuppered and grasping now for what they can get out of it....I will keep my eyes peeled for any great advice you get to respond to your letter & hope you gain further success in your conquest soon

Hi Jason heres a link to my thread on subj access info advice, I too thought better than them stalling me for the info I wanted to send a copy of proof although advice on this thread said you shouldn't need to. http://www.consumeractiongroup.co.uk/forum/mbna/203137-subject-access-mbna-debt.html Copy of my subj access letter attached too should you feel it apt. I was up against MBNARestons in court in July as this duo did not want to compromise on payments I could make like other creditors have done. I am with Payplan, the judge has halted everything to them since then & sat on the case since so no news is good news for me for the time being. Your welcome to take a peek at my thread should it help you anytime....http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html Good luck in persisting with your stance, do everything in writing as per the advice you've been given and you wont go far wrong in having all your evidence to back it up should it ever get to the county court procedure stages MDAW Subject Access.doc

Well its now 5mths on into Dec & having rang the court yesterday it seems there is still no news from my court hearing in July so I am no further fwd. How miffed Restons/MBNA must be to not have had any pennies all this time either :grin:....I'm sure tho when the judge is ready he is ready so I will continue to sit tight for now ..... The court also told me the claimants hadnt chased for any directions either Still finding it bizaar 5mths on no outcome yet, apparently the file still sits with him at his chambers. Its certainly the longest 2weeks I've ever experienced for the outcome/directions to be given :-|!!!

hi royalblue1878 just stopping on by to say how well your doing with the clan so far and hope it continues that way too...they;ve still never produced me with any orig docs & the judge from my court hearing in July has still not given any directions for the claimants mbna/restons to disclose yet or whatever either so I am no further fwd. How miffed they must be to not have had any pennies all this time either ....I'm sure tho when the judge is ready he is ready so am continuing to sit tight for now.....

Hi Ekim777 just dropping on by as I havent been on for awhile to say how pleased I was to see your result having had the excellent guidance off andy , I take it the ccj resulted in this massive reduction in the end so proved a great result to you when trying to get it set aside?...really pleased...I am still waiting to hear from my judge in July....never realised it could take so long having orig been told 14days, thought they would have told the other side to disclose or do something like that by now....how miffed the claimants must be not getting any pennies either for awhile now Have a nice Xmas & well done again

Your good at writing letters....should I ever need anything doing I know where to come I take it as the 28th October is only a few days away & with more postal strikes planned (3 days next wk?) no sooner have you posted the above letter, hot on its tracks no doubt will be the In Dispute Letter.....to them!! I must admit though like you it weird them asking this on a CCA! The only thing I had a letter back requesting a signature like this was on my SAR request with MBNA tho where they even sent the postal order back too (stalling tactics!), I had some postings on my thread at the time saying I didnt need to provide it nor should I have needed to send a proof of identity either like a driv lic / passport. So in your case you shouldnt have to either, after all like you said they have been dealing with you at this address for correspondence for a long time now so obviously are the person you say you are, it is merely them avoiding fulfilling this legal request!!!

Ok thanks again

Thanks for that whats ESA???

Bump can anybody help me with my questions above pls??

Have a look at these copied from other threads to help you. Consumer Credit Agreements - a guide to enforceability The Prescribed Terms are these A Amount of credit A term stating the amount of credit B Repayments A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following- (a) Number of repayments; (b) Amount of repayments; © Frequency and timing of repayments; (d) Dates of repayments; (e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. C Rate of interest A term stating the rate of interest to be applied to the credit issued under the agreement D Credit limit This may be a term or the manner in which it will be determined or that there is no credit limit.