BornAgainBiker
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nks, may i ask, have mbna or hillesden shown you a copy of your cca agreement and is it valid? i only ask because the copy they sent me on 24/09/10, i belive, is not valid and wondered if yours, and everyone elses was the same! BAB
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my case is the same as nks ie. sold before i was able to rectify. however, they wrote to me on sept. 24 attaching a copy of the application form, which has at the top 'credit agreement regulated by the consmer credit act 1974' showing a signature and date, a credit limit and thats all. they are arguing that this account does not relate to a fixed sum agreement and the prescribed terms are not required to be on the face of the agreement. now, i originally sent in a section 77 and think this was a mistake and followed up with a letter referring to section 77/78. can anyone tell me if their letter refers to s77 and should i write back referring to s78 again? any ideas anyone? BAB
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didnt mbna sell the account before expiry of the time given to rectify? i havnt checked my files yet but think thats what happend in my case. BAB
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excellent nks, thats brilliant, much appreciated. regards
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Hi nks thanks for your reply. mbna sent my invalid default about the same time as you received yours, and i followed the thread at that time. What you say here makes sense. however, Im not sure how to challenge them, or even if I should. Should I write stating my position offering payment of the arrears and not the whole balance (because of the faulty dn) or ignore their letter and see how they will respond next? Can I ask if you are being chased or are challenging them in any way? on a completely seperate subject, but related subject, I wonder if you or anyone following this thread, might have advice on the following; I have a bank overdraft for 26k with Barclays. Under the determination made under section 74(3) of The Consumer Credit Act 1974, I have requested the documents I am apperntly entitled to relating to O/D's. All the bank have provided is statement copies. I have received many credit agency letters stating part v exemtion, but now have a solicictors letter threatening legal action. can anyone offer advice or any good threads where i can re-post my enquiry. many thanks, BAB
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Hello, got a letter from hillsden on 23 sept 2010 re my wife's mbna account. They attached a copy of the application form my wife signed when applying for the account, it has printed at the top ' credit agreement regulated by the consumer credit act 1974'. it also states a credit limit of £5500k. Hillesden's letter says, 'as the account does not relate to a fixed sum agreement, the prescribed terms are not required to be on the face of the agreement' the letter closes to say they do not agree that the account is unenforcable. For the record, Mbna were 'out of time' re. their default notice and confirmed, back in January 2009 that the account had been sold to Direct Legal-Dtl and that all future correspondences should be directed to them. does anyone have a view on the above, it would be much appreciated, as I'm now dreading receipt of court forms? thanks BAB
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Can Travis Perkins bankrupt me ?
BornAgainBiker replied to BornAgainBiker's topic in The building trade and installers
Many thanks for your time in replying CBJ. i note what you say with interest and for now think i'll write to DCA saying account in dispute, as it is over 12 days since i wrote them. any further advice will be gratefully recived, BAB -
Hello, i have a debt with many cards, banks and suppliers such as TP. everything is under control , except for TP. I have provided TP with a breakdown detailing my expendable monthly income of £547.00 which, pro rata, offers £35.00 payment per month. as an alternative i have offered them a full and final settlement, via fund assisstance from relatives, of 50%. they have refused both and the latest letter they have sent says, ''we do not feel there is sufficient equity in your property for TP to be paid on the sale of the property due to other creditors having already obtained a charge against the property, we therefore request the balance paid in full over 6 months or we will take bankruptcy proceedings' TP are charging me interest on the debt, and legal fess, which has increased the debt by some £800. i requested a copy of our consumer credit agreement to see if this term existed on the agreement. they have ignored this request. can anybody offer advice on this matter. many thanks BAB
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Do overdrafts need credit agreements to be enforceable?
BornAgainBiker replied to Linda1001's topic in General Debt Issues
Hi Max, i dont under it either. you could try re-posting your question to the thread link below, there seem to be more active caggers there. BAB http://www.consumeractiongroup.co.uk/forum/showthread.php?t=237096&goto=newpost -
actually, what i meant was, where a re-constituted agreement is provided in place of an original. thanks bab
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aside from all the curent discussion, can i ask, how does the Kneale case affect a person with a card debt where there appears to be no copy of a cca agreeement available? Does it mean that the debt is now enforceable irrespective of wether or not a valid cca is provided? hope i'm not being thick as i'm afraid i'm one of the second types of 'soundbite' caggers described by diddydicky! thanks BAB
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Are overdrafts covered by cca's
BornAgainBiker replied to Gaznkaz08's topic in Debt Collection Agencies
thanks shadow, can you tell me how i find my way to 'the legal section' thanks BAB -
Do overdrafts need credit agreements to be enforceable?
BornAgainBiker replied to Linda1001's topic in General Debt Issues
hi Linda1001, how did you get on, is your o/d unenforcable? i have a 28k o/d and need to get to the bottom of it. not sure i understand the determination thing. had the account since 1999. can you offer any advice. thanks BAB -
Are overdrafts covered by cca's
BornAgainBiker replied to Gaznkaz08's topic in Debt Collection Agencies
thanks shadow. can you or anyone tell me of any legal cases won by creditors or debtors so i can read up on the cases. i feel i may be taken to court soon over a 28k barclays overdraft and need all the advice to fight my corner i can get. in short, i cca'd them, no response, then defaulted them, now i got their dca chasing me. thanks -
Are overdrafts covered by cca's
BornAgainBiker replied to Gaznkaz08's topic in Debt Collection Agencies
from reading this thread i understand that overdrafts are only partially covered by the CCA. In a 'nutshell' can somebody please advise the following, If a creditor cannot produce a copy of an overdraft agreement, can payment be enforced in a court of law? thanks BAB -
thanks for that underdog, lets hope it is BAB
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thanks usaname & underdog. hillesden bought the debt 20/01/10, on the back of a faulty DN (due to insufficient time allowed). as food for thought, i just wondered, if the court disregarded the faulty dn on some technical basis or other, is the mbna cca that has just surfaced likely to be unenforcable in a court of law? just trying to calm my nerves a bit you understand. cheers BAB.
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Hello all, Hillesden have have taken over my mbna debt. they just sent me a document with my signature on it which is attached here, pretty illegible though. can anyone tell me if a judge would consider this a valid cca if i were taken to court by Hillesden for the debt? comments gratefully received BAB scan3.pdf
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Hello, can anybody point me in the right direction. i owe TP 5k for materials supplied to me a couple of years back. i offered to repay at £60 per month they refused and now want to start bankruptcy proceedings. they said recently they would accept a legal charge over my property. my question's are 1) can they force me to pay more and start bankruptcy if i dont? 2) also, how does a legal charge work, if i agree to one, do i still have to make a monthly repayment as well. 3) do the CCA rules apply to an account like this one can anyone tell me where i might find answers to the above, any pointers will be gratefully received, regards BAB
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for the info of all concerned, i just received a letter from hillsden quoting the mCguff case. they said they will provide a 'true copy' if the original cannot be found. if anyone can answer this, i would be obliged.... if hillesden produce a 'true copy' can they then use this to enforce the debt? thanks BAB
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hello, i'm back. just a quick reminder, i cca'd mbna in Nov 09, received a dn in December giving insufficient time to rectify, followed by confirmation letter letters from the new debt owner and Mbna. i wrote accepting their unlawful termination and have now had a letter from mbna saying, words to the effect "sorry you have had cause for complaint, not our problem now, deal with the new debt owner". there seem to be a lot of people in this position, are MBNA be playing the same game as the creditor in the mGuffink case. ie, getting to court then producing the cca at the last minute? if so, what is to be acheived by going to court. doesnt mcguffink prove that we cant win, no matter what. have i got it wrong here?
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thank you vint, good answer, BAB
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hi vint, why would it be risky? also, if you cant easily remove a bad credit score in relation to an unenforcable debt, does a creditor have the right to keep on registering bads scores ie. even after the 5 (or 6, not sure) years when the bad score would normally be removed from ones file? thanks, BAB
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thanks vint. do you or anyone else know about getting rid of bad credit on one's credit reference in relation to unenforcable cca's or an unlawfully rescinded accounts? thanks
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hello, in relation to #1 of this thread, i'm a little confused. is it suggesting that a normal cca request with the £1 fee, allows a creditor to botch together a signature from one document, terms from another, interest from another etc. allowing them to form what an agreement might have looked like if they had not found or were not happy with the original document? i have received a copy of a tesco agreement which is 'supposed' to be conforming to cca 1974. however, i've read somewhere that microfich copies might not be valid. if this is so, how would i know if the copy i have is from a microfich file? can anyone help with this? thanks BAB
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