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Will do Cheers SP will get it off tomorrow. PM

Guys and Girls. Does this letter look good to send to Link in regard to the last few post? I couldn't find the legislation to quote about illegible credit agreements. Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974 Thank you for your letter of ddmmyy, the contents of which have been noted. I wrote to you on ddmmyy requesting a true, signed copy of any credit agreement that exists in relation to the above accounts. This is my right under Sections 77/78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included as a cheque with my original request and has been cashed. Under the terms of the above Act, a creditor has 12 working days to provide the requested document, the default date was ddmmyy. Should they fail to do this, they have a further calendar month (ddmmyy) to rectify this default. Failure to comply within these time scales is a criminal offence. The Account was placed in dispute on the ddmmyy and this letter was signed for on the ddmmyy. Both of these deadlines have now passed and you have not fully complied with my original request. You may be under the impression that the request was made under Section 77 or 78 of the Consumer Credit Act 2006 and you have fulfilled your obligation. The request was made under the terms in the second paragraph and you have woefully fell short of your obligations. This account is now seriously in dispute until my original request is fulfilled. I have not included any further copies of previous paperwork as I would expect your company to have kept the original paperwork sent. As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. I also point out that current legislation states that any copy of a Consumer Credit Agreement must be legible, the agreement that was sent to me was illegible. This will be a complete defence to any court action that you may consider taking. I will not enter into any further dialogue in this matter until you fully comply with my original request. Consider this my final letter in the matter. I have forwarded a complaint to your local Trading Standards, OFT and FoS in regard to your blatant disregard for the rules and regulations that Debt Collection Agencies are to adhere too. Yours Mr Penmarine Cheers Caggers PM

Hi SP, SoA not had one, didnt come with the other paperwork and not had one through the post either, and I've had SoAs for other accounts. Is this a problem for them or me? As I'm just in the middle of prepping my reply. PM

Alright BB, was looking at the Application form (in my eyes) there are no prescribed terms on the first page, no MBNA rep signature, and it quotes "see T&C Condition 11 regarding processing my information", on looking at condition 11 on page 2 from what I can make out it bangs on about monthly repayments and interest, I think, nothing to do with processing my information??? Are these more reasons to put the account into dispute again for my final letter, they won't be getting another one? I'm looking forward to dealing with these coneheads I think, if they can get me to court, I'd give them a medal for a starters! Might use PTSD as a defence, lol!!! PM

No its not bad scanning the documents are that bad in real life, I can make out most of the first page of the "agreement" or application form but the second page is illegible.

Hi got a reply from Link today with a CCA reply it was originally signed in 2000, on looking at them they look like an application form rather than a CCA, but I am ready to be corrected. Can someone have a look, as I cannot see prescribed terms on the main document and there is no signature block from any MBNA representative either. The links are below: http://i783.photobucket.com/albums/yy115/penmarine/link20001amended.jpg http://i783.photobucket.com/albums/yy115/penmarine/link10001amended.jpg http://i783.photobucket.com/albums/yy115/penmarine/link30001amended.jpg Any help greatly appreciated, as I don't know what to write back to them in unless the attached is pukka. Ta PM

Cheers SP, from reading I thought they were, and off my SAR request it has them down as in house collectors. I'll take it out anyway to be on the safe side. Ta PM

Hi troops got a letter from SCM solicitors today for one of the OH's debts that is currently in dispute due to missold PPI and lack of credit agreement. It's been passed on from AIC to SCM (I know they are all part of LloydsTSB from some of the threads I've read). They bang on about pay up in 7 days or else. I've put the following together to send back to them as my 7 days was up today, when I got the letter not that I'm bothered about the deadline, as they aren't in regard to anyone else's requests. here is the letter, if someone could have a look, should I put anything else in it or ok as it is? Thank you for your letter dated DDMMYY, the contents have been noted. This account was passed to AIC UK Ltd (a collections department of LloydsTSB) by your client originally. On DDMMYYI made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the DDMMYY, AIC UK Ltd failed to comply with my request, and as such the account entered default on DDMMYY. On the DDMMYY a claim for mis-sold PPI was submitted to LloydsTSB for the above account number. This claim was signed for on the DDMMYY. As per LloydsTSB’s complaint procedure, they have 8 weeks in which to respond to the complaint and subsequent claim of a full refund totalling £0000.00. To this date I have received no such suitable reply. Until the complaint is dealt with to my satisfaction this account remains in dispute. As the account is firmly in dispute, legal proceeding and any debt collecting activities are to cease until a resolution is reached. As SCM solicitors are also part of LloydsTSB banking group, I do not expect to hear from you again until this matter is fully resolved. Any further harassment via letter or telephone will be reported to your local Trading Standards, the Law Society, OFT, FOS and my local MP. Yours faithfully Mrs Penmarine Ta PM

Hi subbing for the OH, she just got a letter from SCM today, must be that time of year to bring misery to all women and men lol

Afternoon any know the address to send a SAR to MBNA? Looked on the MBNA forums but it just says send to the Data Controller. Ta PM

8 years is the time they have had the account, i always used to pay until I put the account in dispute earlier this year. I doubt they would take me to court anyway there last ligitation threat was stopped before it started, I'll DSAR the OC today. Cheers BB.

Got a reply today for my DSAR to 1st Crud, they included copy notes from their system, payment history, letters sent to me (only going back to Mid 09, they've had the account for nearly 8 years?????) copy of the agreement (the T&Cs look suspect) notes from connaught and letters I sent Connaught. They say what they have sent completes the response to my DSAR, I beg to differ. Now for my questions; 1. as part of the DSAR should I have not been sent a Notice of Assignment letter from 1st Crud? I can honestly say I've never had one in the 8 years I've put up with these munters. They banged on about Section 136 of the law of property act 1925, but that doesn't wash with me without this letter, as I know only a court case will make the Deed of Assignment appear. 2. Should they have not sent me a copy of the original Default Notices? 3. Should I DSAR MBNA aswell? 4 and finally. I still see the account in dispute as they still haven't produced documentation from my original CCA request in relation to the CCA and related documents i.e Notice of Assignment letter, would I be right in thinking this, as I will be writing to them again stating dispute again and requesting the Notice of Assignment letter and Default Notices? Thoughts/Advice appreciated. PM

BB with the help of yourself and others on this site, I don't feel intimidated by these people anymore, they did used to make my life a misery, but now, I get an enjoyment of sending out letters sometimes. Even if it is just so they pass it on to someone else. I now know that 1st Crud have got nothing on me until my DSAR comes back in T-35 days. And I don't hold out much hope on them having NoA's, DNs, SoA's or correct CCAs with respective assignment paperwork. They obviously had no intention of chasing me when abroad after I said I'd defend in the country I was in either (which I would do aswell). I will keep fighting for the next 6 years, they are not getting a penny more off me. In fact they seem to be the only DCA putting any effort in, Robbers Way just send out the monthly pish, as do IQOR, AIC, Link, CrapOne and Unreliable Collections. PM

SP I think I would prefer to place more confidence with the DCA at least they are predictable unlike the aforementioned. It did make me chuckle. PM

Hi Joe been reading through, I'm having a ding dong with 1st Credit at the moment aswell (was for Vanquis 07 and MBNA 02/03, got it down to MBNA now, but I doubt they'll keep it much longer). If you get anything from the following DCAs they are also part of 1st Credit: Connaught Collections, LCS solicitors and Debt Help Services. LCS threatened ligitation last year, I only found the letter a couple of weeks ago, never been to court. They are a bunch of mugs. Listen to BB he comes out with sound advice, well I think personally anyway. PM

Cheers BB sent it off today, your right they don't give a monkey's they just want their money. Anyone had dealings with Debt Help Services the specialist collections unit of 1st Credit Ltd. Had a letter off them today, please contact us, 1st Credit haven't heard from you or received any letters from you (thats very strange seeing as I DSAR'd them last week via RD and it was signed for), we are here to sympathise with your situation blah blah blah. I have no intention of replying as this is the 3rd lot of mugs that have contacted from 1st Credit. Connaught Collections being the last lot a couple of weeks ago. Do they think that if they send a different heading letter you'll get in contact. I think 1st Credit are now at a sticky end :lol:as the legal action threat from Connaught hasn't worked :madgrin:and now these muppets want to give me a hug and tell me everything is going to be alright:violin:???? I only ask as they have obviously sold on the other outstanding debt to C.A.R.S. who should have had the Acct In Dispute letter by now. Do they really just keep going round in circles and cutting down rainforests for the fun of it???? PM

Hi DJ, just going to go with the the second loan refund as I've worked the OH's bank charges refunds and it more than covers what the bank want. Hopefully they will just clear the debt and not bother her again. Will keep you updated on how it goes. Cheers PM

Hi CAGGERS, been looking for the best part of today (and the football has been on) to find the template letter to send to LTSB to start a bank charges claim, been on the library, just about every thread and cannot find one. Anyone help as it advises on here to get it in quick sharpish. Any help much appreciated as the bank charges would clear the OH debt and the bank would still owe her money. Cheers PM

Guys and Girls, just realised (its only taken me nearly 6 months) that one of the OH creditors after interest get £5 to pay toward the outstanding balance. Was thinking about sending the following letter for her, any comments welcome. Mrs Big Balls 15 Nov 10 Credit Card Company Dear Sir/Madam Re Account No/Reference No:− Request to Freeze Interest on Account Since making that above agreement with you, my circumstances have changed as you already know. I cannot afford to pay for the agreed monthly payments because I do not currently work. My husband actually pays the £xxxxx reduced payment each month and has done for nearly 12 months. He does realise that it is not his responsibility to actually pay the reduced payment, but he does pay it out of moral responsibility to me. I myself do not receive any money and rely solely on my husband for financial support. He has pointed out that each month approximately £5 is paid off the balance, after interest charges are placed on the account. If the interest was frozen the debt would be cleared considerably quicker than having interest charges continue. I am quite aware that I got myself into the situation and that the money owed requires repayment which I am committed to. However my husband is quite aware of his rights and realises that my debts are not his and he has no lawfully requirement to pay them. In view of my circumstances, please would you agree to freeze interest so that all payments continue and payments that are made will reduce what I owe you. Should my circumstances improve I will contact you again. Thank you for your assistance. I look forward to hearing from you as soon as possible. Yours faithfully Mrs Big Balls

Hi BB thanks for the reply. I'll send off bog off letter to CARS, and one to TS and FoS to complain to them aswell. J ust too let people know, if not already, Connaught Collections is part of 1st Crud. I got a threatogram see post 126, I replied as post 131. I also DSAR'd 1st Crud aswell. Checked RM site today both letters were signed for by the same person, in the same building with the same address, ergo same company different name. Bunch of mugs. 1st Crud also must have passed on another debt they held for me to CARS. Chin up troops. Another query I got the OH's DSAR from LloydsTSB last week, and there was loads of info in there. I have worked out her PPI charges claim (put a post in the PPI forum) and I have worked out a refund for bank charges claim aswell (used the simple charges calculator). I've looked on the LLoydTSB bank charges forum but cannot find a covering letter for the bank charges refund can anyone point me in the right direction? Another query on the DSAR, should default notice paperwork for loans, overdrafts etc not be included in the DSAR as I never got any DNs when I DSAR'd HSBC either? Cheers PM

Hi DJ, should I include the further information loan information onto the refund amounts? As I'm contemplating just putting a figure in that adds to the amount that is owed. This would include the PPI refund and interest for both PPI refunds, CCA and DSAR requests, postage costs, time and amounts it would have cost me to use a solicitor (use a solicitor flat rate, which the last time I looked was £120/hr)? PM

Evening campers, 2 queries. Anyone heard of CARS or Creditlink Account Recovery Solutions? Had a letter from them today stating they have confirmed my address, awesome!!! I'm obviously cacking myself, they are going to send a doorstep collector round (good for them) or start ligitation (even better) . The debt they are chasing was with 1st Crud a couple of weeks ago, the Account is already in Dispute. Are they part of 1st Crud like Connaught Collections are, or are they a new DCA? I only ask before I send them a letter and Trading Standards. Next query is about Robbers Way. TELEMESSAGE TELEMESSAGE TELEMESSAGE (you get the idea) Alex Jones has been trying to contact me (not very well seeing as he/she has written me a letter instead). It may be to my advantage to ring before 8 pm today. Is this to offer me a once in a lifetime settlement? I only ask as I DSAR'd the creditor and its linked to an old bank account (the debt is made up of overdraft and flexi loan). There is no CCA's for anything that I ever had off them (this includes loans, credit cards master and visa, and overdrafts for the whole 8 years that I banked with them. No notice of assignments, DN's, nothing, just information on charges, bankstatements, bank searches etc I guess Robbers Way know they have just dipped out on about 5 grand. Any thoughts please especially the 1st query. Ta PM

Hi DJ she did get a refund of sorts it was about 780 quid, but she never physically got to see it, if that makes sense. It went towards paying the outstanding amount off the 1st loan when the 2nd loan was taken out. PM

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