All opinions most welcome. I'm fired up to take this all the way. MBNA's charges pre OFT were £25.00.

Surely they have also constructed/ cut and pasted these terms and conditions to suggest they are from 1997. Isn't that fraud.?

Received a lovely letter from 1st Credit regarding MBNA Credit Card. I have also checked my credit file and discovered that 1st Credit are the creditors and not MBNA. On all their correspondence they have refered to MBNA as their client. I have had no confirmation of the sale to 1st Credit. Following the letter above I have received this: And these Blue Peter T&C's. Note they have written 97 on them in pen. Also in the T&c's under CHARGES FOR BREACH the fees are £12. I was sure they charged far more than this in 1997. Also how can it be proved these go with the illegible copy first supplied. Still the threat of Bankruptcy proceedings. Whats the next stage people. Thanks

xxxxxxxxxxx

Really need to see the original. Do you have a digital camera if so use that.

Firstly you need to post the Agreement you recieved on here so we can advise you whether it is enforceable or not. Secondly DO NOT have telephone contact with them. Make all offers in writing and then at least if it does go to court you will have copies of what you have sent and will be able to show you have made an attempt to deal with the matter. The court will not take kindly to its time being wasted when the matter could have been dealt with prior. They can only get a charging order on youir house after first getting a CCJ in relation to the debt and then only if you have not kept up payments in relation to the CCJ. It is obvious that you are worried and in this respect Moorcroft have suceeded in their task. The next step is for them to use that worry to bully you into paying on their terms.

Preparing now. Have 1st Credit breached any regulations by lying about their position?

Bit of an update regarding 1st Credit / MBNA. All my correspondence from 1st Credit has stated they are acting for their client MBNA. I have checked my Experian file and it is not MBNA listed as the creditor but 1st Credit. Does this mean they purchased the debt? If so I received no Deed of Assignment and they have lied by saying they are acting for their client MBNA. They provided a totally illegible application form in response to my CCA request which I have posted before. The link for the previous posts are: http://www.consumeractiongroup.co.uk/forum/show-post/post-918751.html Would like your comments on this. Thanks

Whatever it is I just love them digging a bigger hole for themselves. I am relishing the fight. I wonder if you made an offer for say a 20% full and final settlement with the removal of all CRA records how this would be received by the creditors. Your thoughts on this would be most welcome.

You are more than welcome. Regards Blades

This is what I am sending to both Capquest and slightly modified to Egg: xxxxxxxxxxxxx xxxxxxxxxxxx xxxxxxxxxxx xxxxxxxxxxxx xxxxxxx Dear Sir/Madam Re:− Egg Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx I am writing in response to the CREDITORS NOTICE received today. I hereby inform you that on 4th May 2007 a request , including the statutory fee of £1.00, for a copy of the executed agreement held by Egg applicable to the alleged debt was made. This was sent by Royal Mail Recorded Delivery Ref: xxxxxxxxxxxxx. This was signed for on 9th May 2007. Under the CCA s77/78, Egg are obliged to send a legible true copy of the executed agreement. No such agreement has been received in the stipulated time allowed. As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, EGG commit an offence. These time limits expired on 25th May 2007 and 24th June 2007 respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence The default and criminal offence have reported to the OFT and Trading Standards bodies along with all relevant correspondence relating to the matter. I am awaiting their reply. Until such a time that EGG supply the documentation required under the CCA 1974 the account is in dispute. I draw your attention to The Office of Fair Trading Debt collection guidance document Final guidance on unfair business practices July 2003 (updated December 2006) which states that unfair business practices include: · ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment · failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued · not ceasing collection activity whilst investigating a reasonably queried or disputed debt. · applying unreasonable charges, for example, charges not based on actual and necessary costs · applying charges which are disproportionate to the main debt · leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge · asking or instructing debtors to make contact on premium rate telephone numbers · falsely implying or stating that action can or will be taken when it legally cannot · putting pressure on debtors or third parties is considered to be oppressive. · passing on debtor details to debt management companies without the debtors' informed prior consent · misleading debtors into believing they are legally liable to pay collection charges when this is not the case Yours faithfully xxxxxxxxxxxxxxxxxx

Thanks Peter, much appreciated.

Peter, Wonder if you could comment on this: No response to my CCA request to EGG. They have now commited an offence. 12+2 + 30 days Today received a standard red letter from Capquest threatening County Court action etc. Seems EGG have passed it on despite the CCA request. Any ideas whats the next step and any templates available. Many Thanks

Hi all, No response to my CCA request to EGG. They have now commited an offence. Toady received a standard red letter from Capquest threatening Couny Court action etc. Seems EGG have passed it on despite the CCA request. Any ideas whats the next step and any templates available. Thanks all.

That's something I have given some thought to. I wonder if you made an offer for say a 20% full and final settlement with the removal of all CRA records how this would be received by the creditor.

Thanks Jeff, although I stopped payments after the 12+2 as they were in default. Any letter templates for the complaints to OFT, TS etc. Thanks

Well then, 4 Credit Card companies have now commited an offence in not replying to my CCA request ie 12+2 + 30 days. Whats the next step?

I would hazard a guess you are being deliberately obtuse. :-|

I asked the question after reading this: Remove Default Notices on a Credit File - We show you how Essentially if they can't supply the default notice they have to remove the default with the CRA

Quick question. If an account has been defaulted and you then do a CCA request should they supply, as well as the agreement, a copy of the executed default notice. Thanks

Which is why you have to prepare your case and defend yourself on points of law ie the CCA 1974. Whoever the Judge is he can't ignore the legislation which specifically prevents enforcement.

I think you've answered your own question in your post to be honest. It is just bluster on his part, you have to remember they do this type of thing day in day out in order to plant seeds in the debtors mind that leads to them questioning their standpoint with the ultimate goal of getting them to pay. In this instance he has suceeded as you appear to be worried. My advice is DO NOT enter into verbal communication with them.

Zubo link: Mike Cleary It's down the page. Also and interseting thread here about 1st credit: Thread Also do a google on Mike Cleary 1st credit, lots of interesting stuff.

Any templates for the letters and contacts.