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cadwallader

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About cadwallader

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  1. Hi reignoffire I also recevied a 'reconstructed' copy of an MBNA default notice (via Hillsden). Copy DN is signed by a different person than the original, date of copy is approx 3 months before that of the original and requirements to remedy breach are different. The original DN appears at correct date in SAR records, there is no trace in SAR records of the 'copy' at the supposed date. C
  2. Hi harrassed senior. Thanks for popsting the template - I have been looking for this. Do you happen to know where on their website the OFT states that creditors should not imply or state that an enforceable agreement exists if that is not the case? I have looked but can't find the reference. Thanks Cadwallader
  3. Thanks rebel11 - it is part of the info I was looking for but I'm sure i have seen OFT wording along the lines of "if you do not have the original agreement you must say so and not lead the consumer to believe you have an original when you do not" Thanks C
  4. I want to write to creditors asking if they have original, executed CCAs. I have seen reference in several posts to the OFT guidelines on creditors response (e.g. they have to say if they do not have the original agreement). I have searched but cannot find those posts - can anyone point me to one please? Also, I have searched OFT website & cannot find this anywhere on their site - again, can anyone please point me to the relevant webpage? Many thanks Cadwallader
  5. The arrears amount on the DN equates to the first outstanding payment less 2 token payments. There is a second monthly payment outstanding at that point but it is more than they are asking as an over-the-limit payment, so doesn't make sense to me. They did terminate shortly after the date given in the DN - when the account was in dispute because of non-compliance with s78 request.
  6. Thanks Pinky I will check the sums this evening but I think that they were demanding an amount to reduce the balance to the card limit and then demanding arrears of the outstanding payments (and not taking into account the over-the-limit payment) i.e. they are asking for the actual arrears plus an amount on top.
  7. Just reviewing where I stand with this one. Below is the DN I received. Dates seem OK, even for 2nd class, but I am not sure about the demand for 2 payments - arrears & over-the-limit. If I paid the arrears then the account would have been back within the limit. If I paid the over-the-limit amount then surely the arrears would be reduced by a similar amount? Aren't they collecting the same money twice? Any comment appreciated Thanks Cadwallader
  8. Thanks Pinky. I must admit this seemed to me to be the most attractive option! Haven't had another address for over 20 years but thanks for the warning - I will keep an eye on my CRA reports. Regards cadwallader
  9. After much DCAing, including latest with Fredrickson, have now got my first ever letter from Bryan Carter! What's the best response (account terminated last year on a faulty DN and as above, CCA unenforceable: A. bemused letter B. Tell him termination was rescission, which I have accepted, and that the CCA is unenforceable, or C. Something different? Thanks Cadwallader
  10. Doesn't a default notice have to be issued by the creditor rather than the DCA? C
  11. Just wondering what current thoughts are as to whether terminating while in dispute over s78 constitutes rescission of contract?
  12. Hi diddydicky Thanks for your response. Worth considering their offer but what they sent through in respect of a CCA (post #43 above) makes me wonder if this is an approach from them because they may not have an original, properly executed CCA? Regards C
  13. Well, after occassional back & forth with Cap 1 & Capquest along the lines of "you havn't fully complied with my S78 request" Capquest have moved on to the stick & carrot approach! They have offered a settlement for about half the alledged outstanding debt (but not a F & F settlement so presumably if I was in any way inclined to accept they would immediately sell on the balance). Has anyone else recently received a similar letter & if so, how did you respond? Regards C
  14. Hi ATD I had a similar letter from B'Card. I pointed out to them that their letter states they have enclosed “a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations of the terms made since you entered into the agreement”. Well, they should provide this but it is still not a true copy of the original executed agreement. Account still in dispute! And of course I presume the varied T & C would no longer refer to MSDW. Look like more B'Card wriggle. cadwallader
  15. Hey, thanks for all your responses. What I love about this site is you can post, then because of the sheer volume of what is going on here you start thinking 'I've been overlooked as I'm not interesting enough' then suddenly the responses start coming in and you no longer feel alone - especially when a well known name as well as a new name chimes in with an opinion that makes you re-think 'I can defeat these bas****s'. So ,thanks so much to anyone who has responded to or just read one of my posts - this is just so much an up and down situation that I'm sure I am not the only one to think
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