Hi Massamum - Have you heard anything from Link yet. For OH cca request, 2morrow is final day for receipt (I added 2 extra days due to easter aren't I reasonable:D) so I look forwad to seeing what's in the post in morning, if nothing then account is in dispute:p. Hope you had a good break.

pompeyfaith - OMG just finished reading your thread:shock: have sub'd so will be following with interest. I may call on you for advise in the future as you seem to be a hell of an expert. Keep up the good fight, but more importantly take care of yourself.

Subbing

Thanks Duffychick. I will update, 12+2 days up 2morrow but will give them til thurs due to bank hols. Am looking forward to seeing what arrives;) You take care to:)

Thanks Citizenb:)

Thanks for responding Citizenb I have answered above, as you can see i'm new to all of this, and still don't know how it assists OH. And have other Caggers be able to use this against DCA/OC to the benefit, and if so can you point me in the right direction, i've read so many threads, ive become a little confused. Have to say this sight is great, it gives you hope! Somthing else the Link guy mentioned was the account defaulted 28/2, which seems odd as OH has been making token payments since nov. Token payment was made for March or is this irrelevant? Thanks again:)

CCA = Consumer Credit AGREEMENT.

subbing

If they sent a cca, start a new thread "is cca enforceable?" scan and post and I'm sure someone more knowledgeable will let you know if it is or not.

Hi Zara, Had banked with NatWest for 20 odd years, never had any financial problems until credit crunch. Welfare right advise was writing to Natwest from Oct '08 til Feb'09 and there was no response whatsoever. I called Natwest went into local branch and still no response. We received a letter from Credit Management, not even acknowleding the numerous letters or telephone calls. Natwest advisertising as "Helpful Banking" I presume they mean helping themselves. They defaulted one of the accounts but I never received default notice! They pushed over to Triton, did finally agree a settlement figure, but it was hard work. In my opinion, you probably should deal with the Sols as natwest seem to ignore everybodies letters. Sorry I can't give any advise for your friends situation, but your at the right place, and you will get good adivse and support from some great people on the site. Good luck:)

Thanks, I think DG is right, will try to do the same. If I here anymore i'll let you know. Have a good break & try not to worry;)

Hi out of the red, I'm sorry if I got your hopes up I was speaking about another bank not MBNA. I was responding to the OP who had an offer of 60% for settlement from the bank, this was the first offer I had from my bank, was pointing out that you could try and go lower, they may or may not agree. One thing to remember is if they'v offered you a settlement figure, they are looking to settle, so there is no harm in offering something less, but I would tell them that you can't afford to pay but a friend or family member can raise XXX figure. They may not accept that but come back with another figure. Then it's up to you. Have you cca'd them yet? Do they have an enforceable cca?

Rec'd letter before payment, (2 overdrafts, one joint with OH, one in my name, letter stated "discounted joint settlement" and "and there will be NO further liability to either party". They refuse to state full & final settlement. I & OH both received letters after payment : "we write to confirm that your outstanding indebtedness to the bank in relation to the above mentioned liability has now been discharged". Although I wanted them to state full & final settlement, they are not obliged to do so, as it isn't full it's only partial, I checked this out with National Debtline. If your making a F&F, be sure to let them know in writing that the offer is coming from a third party, i.e. family or friend, and that you need confirmation of the offer, otherwise the third party will not release the monies. Make sure you are comfortable with what they are confirming, I still feel a lttle apprehensive myself, but I'm sure if another DCA came after me and it went to court, I believe the court would be on my side, as their offer letter clearly states NO FURTHER LIABILITY. Good luck.

I recently rec'd a settlement figure, completely different bank and through a debt collection agent (although part of their group). Total debt was £20900 they reduced to £13,000, explained didn't have money but family member maybe able to raise. Then offered them £10,000, they finally settled for £10,700, that was a reduction of £10,200. Before the money was paid I insisted they sent a letter confirming that there would be no further liability to me or OH for the debt. Make sure if you do negotiate a settlement that they confirm this in writing, also get them to confirm that you will receive a discharge letter from them. Make sure you alway keep these letters safe incase another DCA comes knocking.

Hi Massamum, Things still pretty much the same. I notice your not sleeping so guessing things aren't any better for you. No haven't heard from Mr Stroppy:roll: The Link letter has a link reference number, but in RE: has relating to mbna acct #. When I spoke with Mr Stroppy he told me that the debt had been bought by link, did he tell a porky pie:eek: I couldn't view what was on the link you sent. What does this imply for us if it hasn't been sold? Just waiting to see if the cca is produced. The more threads I read, the more confused I become, in another thread it said you shouldn't bother chasing the cca, but for the life of me can't find it to show you:???: I'll keep looking. Keep me posted on how your getting on, and try and get some sleep;)

Thanks Gaz, I will check out your thread:)

Anyone plz ....

"The date of assignment referred to in the Notice, must be the same date referred to in the Deed of Assignment." Can you confirm should the date of assignment be after the date "to remedy the breach" on a default notice or can it be assigned before?

Thanks DG, yes I am dealing with them with OH consent. (DP not breached). I have no intention of talking to them on the phone, they have to send in writing. I will send them a letter if they call again. Just waiting to see if they come up with CCA.

Hi Massamum, How it's going? Thought I'd let you know had a call from Link, told them we've CCA'd them. Guy got stroppy:mad: Told him to communicate in writing, he told me they can't. Asked him to just get the CCA to us and also send me copy of their complaints procudure. Am getting a little nervous, this is the first time we've been in this position and feel like a fish out of water I read your first thread "downing in debt" and your position is very similar to ours. Now doubt people in this situation will be increasing with the way econ is at moment. Anyway hope your managing to sleep these days. If I hear anymore from Link I'll let you know. My thread is Have MBNA/Link Mucked Up???

Bump..

Update - Help please... Have spoken to Link today on behalf of OH. I informed them have sent CCA request to them, they had no knowledge of it, but they have rec'd the PO and set it against account. Told them to take off as it's for cca. He tried pushing me saying are you disputing acct, told him couldn't answer that til had sight of CCA. He then wanted to know when acct will be settled told him to communicate in writing, he said they are a calling co. only deal in telephone calls not letter writing. He waffled on about have you made token payments to MBNA, how can you dispute the account.!! He informed me that the account defaulted end feb. Am confused now, is a default notice issued after the account defaulted or are they telling you that it will be defaulted on XXX date, if you do not settle the amount?? Please can someone advise me, am feeling like a fish out of water and confused. The guy has insisted that he will call back soon, and I don't handle confrontation easily, have already settled an account that I could not afford to:( Thank you.

Basically, OH had signed an unregulated agreement for a car. This was totally out of character. Shortly after he was diagnosed with Bipolar Affective Disorder. I suppose what i'm trying to establish is as he was not fully compos-mentis when he signed the agreement, can the agreement be enforced. The car has been repossed, sold at auction, they are chasing for the shortfull? It there anything we can challenge the DCA/OC in order to stop them trying to recover the £20k they saw he still owes, considering, due to his condition,that he really didn't understand what he was signing/getting himself into.

Can anyone advise on my post #5 and #31 please:(

Any experts out there who can help, plz???