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About Fernigan

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  1. Excellent, so just sit back and leave them to it?
  2. Received a letter from MBNA saying they still couldn't find anything using the account number, name and previous addresses. What's next?
  3. Morning, MBNA replied within the 30 days saying they were unable to locate an account with my details and to reply with any previous name and address. Card was taken out prior to moving however virgin would of had the new address for some time before the default. Given them the benefit of the doubt and provided the previous address. I assume they now have a further 30 days to provide the info?
  4. No further correspondence from Cabot, still awaiting response to SAR from MBNA, Once their calendar month is up for replying to the request is there follow up I need to do on my part?
  5. Ok, are MBNA the parent company or something?
  6. Thanks dx, does anyone know the address for Virgin to send a SAR to it seems the link in the tutorial to check is down?
  7. So pretty much just ignore everything going forward unless it's a letter before action? Anything I should do in the interim so I have a headstart/response ready for further down the line?
  8. So prior to getting sent that "agreement" I had previously offered to settle for around 5% in a bid to just be shot of it entirely. Shortly after that letter turned up in the post. Today I received a letter saying; Thank you for your recent letter. As per our letter dated xxxx we can confirm that your request under the section [77-78] of the consumer credit act 1974 as now been fulfilled. As such your account has been reviewed and unfortunately, we are unable to accept £xxxx in final settlement. However we are pleased to confirm we will accept £xxxx *more than 3.5k on top of what I had offered however about £2k discount still applied* Goes on to say how important it is I contact them prior to making any settlement etc. Am I correct in thinking something doesn't add up? Why offer such a large discount on a balance they day is enforceable
  9. Fantastic, thanks. So still in default of CCA request and that would be the response if the solicitors get in touch?
  10. Morning, Attached the full document I was sent, the very last page just has a statement of previous payments made. Cabot_CCA_Redacted.pdf
  11. Evening all, I sent Cabot a CCA request in November 2018 with regard to a virgin cc from 2016, they replied around January saying they could not find the agreement and therefore it was unenforceable. I stopped paying them. Today I received a letter from Cabot stating that they have enclosed all of the relevant information following my request. In the even that we have provided a reconstituted true copy of your credit agreement, for the avoidance of doubt this complies with the Consumer Credit (cancellation notices and copies of documents) Regulations 1983 and therefore complies with the obligations set out in section 77-78. They consider the agreement is now enforceable and therefore we are entitled to obtain a County Court Judgement against you. However, we would prefer that you work with us to set up a repayment plan to settle your outstanding balance. It then goes on to tell me about the balance thats owed etc. They have attached what they deem to be the agreement. It's then followed by some generic T&C's from Virgin followed by a statement of previous payments to Cabot prior to the CCA. Whilst the name and address were correct on the agreement I find it very odd that it has a sentence saying I applied for the card through Uswitch Limited - I have NEVER used Uswitch to apply for a credit card (another site was used) - any advice on this? It also doesn't appear to state whether it is a reconstituted agreement, it doesn't have a date the agreement was taken out, a credit limit or signature (not that it would since it was an online application). Any advice on what one should do next?
  12. Hi guys I was informed of the following elsewhere in regard to the CCA that I received from PRA Group; It’s from 2016 so they can create a recon right enough but that recon must be accurate. It’s not UE as you can’t use s.78(6) due to it being opened after 04/2007. Which is when the relevant laws changed. What is everyone's thoughts on that? Is it inaccurate due to no account number and dates on the actual CCA thus making it unenforceable?
  13. Thanks. The SB clock has only just begun really since last payment was November. I guess I just feel that it is likely the CCA will turn up since it was a card opened in 2016.
  14. Cabot have replied saying they have been unable to obtain my agreement and should it surface in the future they will let me know although its unenforceable they will continue to chase payment etc... While I know it's unenforceable at the moment is it worth trying to go for a low F+F as if like to put this debt to bed without the worry of the cca showing up further down the line?
  15. Yes it was online agreement from my home (Scotland)
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