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4Star

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About 4Star

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  1. hi to explain simply: i have 2 mortgages 1 for my home that is slightly in negative equity and is interest only 1 for another house that is 20K negative equity with current prices. this house is rented for £500 per month, but mortgage payments at interest only is £800 per month i have 50k of unsecured debts in a dmp 2nd house is costing me 3500 - 4000 per year in cost and insurances, etc without considering upkeep. have spoken to Insolvancy pract about goign bankrupt, he tells that if i go bankrupt the following applies: 95% certain i can keep my house as i am up to date with payments i will lose the 2nd house (which i don't have a problem with as the cost is killing us) all other debt will be gone can keep cars (need for work, and neither car is worth more than £750) will be bankrupt for 12 months max, during that time the following will happen from our salaries we deduct priority debts (mortgage, coucil tax, utils, csa,etc) then we get allowances based on circumstances, etc then what is left each month is classed as disposable income, of this we split this with the official receiver (likey 50% for us, 50% for bankrptcy pot) at end of 12 months don't pay anything further sorry this is very simplistic, and by no means am i taking this lightly, but the IP has told me this and i have no way of knowing if what he says is true ? can anybody comment on above and advise if the principle of what he says makes sense ? thanks for any help
  2. just an observation, but when you write Cap One as capone as in the title, they have the same name as the famous Chicago gangster....... coincidence ?
  3. hi 1) if i have a debt with a credit card company can they sell it without telling me ? 2) if so how ? 3) if a debt collection company 'claim' that they have bought it and the original credit will not answer me when i ask what should i do ? 4) can they sell it if the account is 'in dispute' as they have not provided me with a CCA ? 5) if they can't sell it (as in 2) ) and they do, what can / should i do ? Thanks
  4. i was sure i'd read somewhere that there were rules for the agreements, things like the terms and the signature had to exist on the same page to show that 'd signed to agree to those specific terms. on this one they are on different pages, and apart from my name and address there is nothing on the other 4 pages that proves any connection to me ? how can i be sure that this is "my" agreement and not one they've taken from somebody else ? also, can they apply a 1983 rule to an agreement that was in line with the 1974 rules ? without me having to re-sign to say i agreed to it ? thanks Andy
  5. they claim they can send this copy to comply with the 12 day request ? yet this turns up 6 months after the request ? why would they send this after 6 months unless they had something to hide ? i undersstand the concept of sending this document as a 'stop gap', but it took them 6 months to find it ?
  6. Hi long story, cca'd MBNA in June, no answer, put account in dispute, no response, Cap Quest on the case 'claiming' they bought it (MBNA have never confirmed it), told Cap Quest in dispute, etc. now MBNA have got in touch they say: Our reading of the terms of the executed credit agreement suggests your objections are not well-founded. For the sake of clarity, a copy of the execute agreemnt is enclosed. The enclosed copy cleary contained all the terms and conditions which were legally prescribed at the time it was executed. Please see see the enclosed sheet for more information about our response to your initial request, and why you objects under the agreement in the present case are not accepted. It follows that any current debt under the agreement is not being reasonably queried or disputed and the bank is entitled to collect on the account should it fall into arrears. the information sheet they send is attached, as is the CCA they have sent help please as i don't know what to do now ! my questions are: 1) they say they can send this "copy" and it could not be retrieved in the 12 days time frame, but i asked for it in June ? 2) the agreement was under the 1974 act, yet they say a signature is not required under the 1983 act ? can they pick and choose which versions they decide to take things from ? 3) they say a "true Copy" has to be provided, but this is not necessarily an exact copy ? further to this can somebody please look through the agreement and tell me if it's ok ? thanks for all your help ! Andy Info sheet.pdf Agreements.pdf
  7. thanks, i'll get that off in the morning and let you know how it goes... !
  8. yes they are chasing me for £6k, they are claiming to have bought it (even though MBNA have never told me - and as the account is in dispute with MBNA i'm not sure they can buy it) they claim they have complied with the request, but as i said ealier apart from the name and address on the agreement it could be anybodies agreement as it has nothing personal on it
  9. unfortunatley no ! i've moved house and not been able to find it ! what options do i have now ?
  10. if my memory serves me right i think the date of the alleged application was late 2005
  11. sorry for not being clear, yes it was defaulted a while back, but in those days (before i knew about CAG) i didn't know it made a difference ? what i meant was i don't know if the DN was valid or not. i guess what i'm asking for is what should / can i do now ? Thanks
  12. does that fact that i made a request under this section of the agreement hinder me asking under a different reason ?
  13. sorry for being dense, but i'm not up on legal side of things, but how can they prove it was me that took the account if i haven't signed to agree to it ?
  14. i may have done, it was a few years ago ! does this make much of a difference ??
  15. not sure if the account has been defaulted, but i think it has. yes CrapQuest told me in their latest letter that they have bought it. but MBNA just ignore my letters. so what do i do about CrapQuest ? but if they are oblidged to provide me with a true copy then surely this must be signed ? otherwise what's to stop me sending anybody a copy of an agreement with their name on it with no signature ? surely under Data protection laws i am entitled to see documents they hold about me ?
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