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Everything posted by boingy

  1. I recently complained to the FOS about my credit card company adding charges an interest to my account whilst they hadn't responded to a S78(1) request in a timely manner. S78(6)(a) states that the credit can't enforce the account during this time, which is exactly what my CC company did, for four months until they finally managed to respond to my S78(1) request. As soon as my CC company sent a copy of my CCA and S78(6)(a) no longer applied, I continued making what was my minimum payment before they defaulted, whilst challenging the charges and interest applied whilst they were in de
  2. A while ago, I issued a request under S78(1) of the CCA to my credit card company (and not for purpose of trying to write off the debt, I have an issue with the interest rate they are charging and I wanted to check the original agreement). It took my CC company ages to respond, so I decided to stop paying them (as per S78(6)(1) because they had defaulted. It took the CC company another three or four months to respond, in which time they had continued to apply interest continued to apply charges instructed a DCA to collect on the account I dealt with the DCA with
  3. I have a creditor that has applied a charge to a fixed term credit account as a result of a direct debit being missed. I've checked my agreement with them (I always keep these and file them away), and the amount they have charged me doesn't exist anywhere on the agreement. The agreement does state they can charge me £20 for a failed DD, but have actually charged me £10 for it. The are also threatening to charge a further £30 administration fee if I don't send a payment (but they don't specify any timescale). The agreement does have a few specific charges they might apply, but no
  4. Thanks for that. It confirms what I was thinking.
  5. Would someone kindly look at these scans (post 4 above), and tell me if they think they are enforcable or not? Many thanks.
  6. This agreement dates back to 2004. I've spoken to someone at MBNA today, who obviously didn't know their consumer credit act from their sales of goods act, and I've pretty much said that I want to pay off the debt, but because they have been adding interest, charges and missed payments (which they can't do according to the CCA as they were in default), the statement is incorrect, and shows a minimum payment which is about 4x what it should be. (x4 because it took them four months to respond to my S78 request). Problem is, can I get away with witholding payment until they send me a co
  7. Yikes. That sucks! 17p, and they want £600 from you! That just shows how extortionate these unfair bank charges are. A dodgy loan shark wouldn't have charged you that much! I wouldn't worry about it in the slightest. Download one of the many template letters and get your claim in. At the end of the day, if they take you to court for it, the case will surely get laughed out! I bet a few newspapers would even pay a few quid for your story!!! It's amazing what a bit of bad publicity can do to rectify problems like this.
  8. Don't suppose anyone would be kind enough to look at the above scans and give me their opinion on the enforceability of my CCA? I'd be so grateful if someone was also able to address my concerns in my first post?
  9. Couldn't agree more, however credit where credit is due (pun intentional - sorry), this is a move in the right direction for the consumer and Natwest should be congratulated for doing this. I've an outstanding unfair claim charge with them, which grows every month, however I'm completely happy with the new charging scheme, and have no intention of contesting those fees (even if it were possible, which I imagine it won't be). I wonder how many banks will now follow suit, as Natwest suddenly becomes an attractive bank for many CAGers, the kind of customers that the banks like. Rol
  10. Here are some updated scans. These have much more detail in them. cca-front.pdf cca-back.pdf
  11. Yeah, sorry, I didn't realise quite how bad those scans were. I've deleted them for now and will upload some new ones over the weekend, when I borrow a friends scanner.
  12. I've just received a copy of my CCA, and it looks like it is okay to me. can anyone pick any holes in it? (my scan may not be too legible, but the copy I have in my hand is okay). Because my 'agreement' is an application form, does S59(1) apply, or does S59(2) override it in my case? - I don't understand what S59(2) is saying to be honest! Does it matter that the prescribed terms are on the back and not on the same side that I signed? MBNA now think they have settled my request under S78, so they are no longer under default. If I continue to withhold payment, do they still
  13. It looks like an unexecuted agreement to me. Does S62(2) & S62(3) of the CCA help in your situation?
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