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sunshine star

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  1. Hi Grumpy/Pelham9 Fortunately I'm not dealing with MBNA anymore. The 'debt' has been bought by Link Financial. So far I've had a few letters and the odd phone call (which I wrote and asked them to remove my number) which all seemed confused by what I was asking and said they'd never heard of that before. Being honest, they weren't horrible calls from them - I think they were stunned by my requests and wanted to get off the phone. Yes, the 'CCA' which was sent through was the application form I signed. It's the same one I eventually received from MBNA after they sold the debt. The 'cca' received & posted is the one they sent - it isn't any clearer on paper. I posted Jeff's letter off this morning so I'll just have to wait and see what they respond with. I've heard that Link are a nasty bunch so if it does start to go wayward I'll be sending that cheque marked F&F on the back! I haven't been paying MBNA nor Link any money since MBNA defaulted on the CCA request. Initially it was a token payment, they defaulted so I stopped the payment then they sold the account. Fortunately, fingers crossed, my financials are on the up. I've just started my own business so I can work from home and I've got support from the Princes Trust and Business Link to set it all up. The last thing I want is to start coughing up the profits to them. I've increased my payments to Lloyds as they haven't been any bother and I do want to pay it off. Will post when there are more developments!
  2. will adapt that to my cause and send it with pleasure! many thanks Jeff
  3. I've attached a pdf version of the two sheets of paper sent for the 'agreement'. The first half is the it I signed. The second half I believe could have come from anywhere! link.pdf
  4. Hiya Jeff On the addtional piece of paper they sent me was t&c's but it was pre-printed without any reference to me/the account etc. I'm still in a pickle about what to do though. At the end of the day I do owe the money - obviously a drop in the figure is really helpful - not for my conscience but for the worry. It comes whole circle: I owe the money, MBNA acted appallingly - but I did owe them money, Link haven't got the right paperwork - I still owe the money (be it Link or MBNA). After everything that's gone on I don't think I've got the will or more importantly the knowledge to fight it although I do think I owe it to everyone who supported me in the beginning when the whole scenario was complete hell to make a stand (with regards to abiding by the law for paperwork etc). I might look round for some letters in response to it not being an agreement - more an application and see how I feel then. On a lighter note I'm back within the credit limit of the Lloyds and they're still accepting the token payments and not charging any interest at all. Not sure how long it will last but they've been silent for a while now. Cheers
  5. http://i327.photobucket.com/albums/k475/tedsbird/img1.jpg Hi Its been a while but I have't heard a dickie from MBNA nor Link until last week. Received a letter stating they had given me a legal notice (which wasn't received) so they wanted me to get in touch. Sent them copies of previous letters repeating the request for the original CCA and received this in the post. Doesn't look legible but it is. On the next page is a few lines of the terms and conditions etc but to be honest the T&Cs could belong to anyone. It does state "please issue an MBNA credit card to me....I have received a copy of the terms and conditions....I consent to the data on this application being transferred..." Does the fact I've acknowledged the terms and conditions or the fact that it's an application make any difference? I'm wondering whether to offer link a full and final settlement as in my previous posts, to ingore them completely or to send MBNA a cheque with F&F on the back and see where that gets me?
  6. Super star. Thank you. FOS haven't come back to me but they don't know it's been sold on so I think I'll send them a letter updating them on the situation. Would you suggest I still inform Link what's happening? Also, is there a standard letter/form to fill in for the TS or OFT please? Thanks
  7. It's been a while and I've had no response to MBNA at all until last week. The sent me a letter to confirm that they have sold the account to Link Financial! They of course have also sent me a letter to confirm and have requested full and final payment of the total amount. I think I'll be sending them a letter to note that I do not acknowledge any debt with them and that the account should never have been sold as it was in dispute. I'll also be requesting a copy of the CCA again directly from them!
  8. Well just to update everyone, the whole thing was going on far too long and they had sent me a letter asking me questions I had already answered - as the case was given to someone else. I replied with reference to previous letters I had sent them, copies of 65 pages of correspondence and informing them I was taking the matter up with a solicitor and any further information required by them should be sought directly with my sols. Anyway cheque arrived in the post the next day for the JSA owed and another letter informing me that the case had been referred to inverness for a special payment to be awarded in respect of compensation and interest due! Just to be picky I am going to follow this up to see if I would have been entitled to further bens following the end of the 26 week period (nothing ventured, nothing gained and after all I paid my taxes and NI for 10 years!). So a big thank you to all those who supported me on this quest and donations will be sent. The remainer will be used to negotiate a full and final settlement on a credit card! Many cheers everyone x
  9. Apparently yes. I do remember this vaguely from studying law. It's the same when there is a dispute over refunds. i.e. I arranged a courier to collect some granite for me a few years ago. When it arrived it was split in two. Argued for months over it anyway they offered a refund of the full amount so I insisted they send me a cheque and not refund my debit card. Anyway the cheque arrives and it's £200 short (the courier cost). I called them up and they said I'd accepted the cheque therefore it was closed. Went to a solicitor and he confirmed that until I banked the cheque it wasn't in full & final settlement. Bit like bank charges really, if you don't spend the money in the account they can't argue you have agreed to the refund unless you sign a document. I've waffled a bit here but going to check it out with someone shortly to see if things have changed recently. I read about this on someone elses link about emigrating and paying off a debt and it reminded me! Really struggling to get these 'agreements' scanned in. Still perservering thou!
  10. I'm such a pickle. I sent Rory32's letter to them at the beginning of June hence their response weeks later! I can't get this scanner thing to work. Will have another blast at it today. Thinking about all this last night, I'm considering offering them 0.08% of the total balance (their minimum accepted monthly payment) and sending it to them in full and final settlement of the account. From what I understand is, as long as copies of the cheque are kept and it is noted on the back F&F settlement payment, if they cash it that's it. Got to get the money together first but it was a thought!
  11. Ali, Trying to now work this out. The first £5. is disregarded - so eg. week earnings 1 30.00 2 35.00 3 30.00 4 nil 5 65.00 6 nil 7 nil etc etc The rate for the period was approx £56.00 per week in JSA payable to me if I had been given the benefit. Therefore in week 1 30.00 - 5.00 = 25.00; 56.00 - 25.00 = 26.00 is this what I would have received?, week 4 - no earnings therefore full £56.00 awarded? What is the rate of compensation applied? Is is a percentage on the total or on a rolling figure until the date I should receive it? many thanks
  12. Just a quick update, called the decision makers office again this afternoon as I was promised a call back to give me an update. The lady dealing with the appeal now is still waiting for a claim form to arrive from another office so nothing has happend. She assured me she would call on Tuesday next week. Now I'm thinking that a letter along the lines of 7 months plus is far too long for dealing with this case especially considering they have had all the information requested for the past 2 months and I would like a date by which it will be sent to inverness for processing. Plus some compensation for distress wouldn't go a miss. Any ideas?
  13. I'm going to get it scanned in later when my 11 year old son comes home and shows me how to do it!!!! But today I received a copy of MBNA's terms and conditions - the only reference to me is a credit card number on the top. Along with this I received a response to my letter (kindly copied from one of the posts above) stating: - the debt is certainly owed and payable by me, - a copy of the cca is served by form of a mailer each time a card is received - my copy of the agreement does not include signatures by me or MBNA as they are permitted by law to serve me a copy with certain information ommitted, which does not affect its vaildity, - they have not failed to comply with my request under s.78 and therefore the account is not in dispute, - they are shortly going to default the account as 7 payments are in arrears and sell it on to a 3rd party. - they are sorry their response does not meet my expectations! Howzabout that then! There is no way I am prepared to accept their form of the CCA - it could belong to anyone! Will scan info in soon
  14. Well, I went to stay with my brother abroad for a month to see if it was worthwile emigrating but I'm back for now. Since I was away I've received a really odd copy of the CCA, it's a print out of my details (like a screen print) showing employer, address etc. On the next page is a photocopy of the bottom part of an application form (tear off slip) with data protection details and on the reverse is a copy of terms and conidtions - no signatures on this page. I'm thinking this isn't what's required! Also received a letter from the beginning of July offering me the opportunity to make a full and final payment of £3656.16! Nearly £7k off the debt. This is 'a once in a lifetime opportunity before the debt is legally assigned to debt collectors'. Rory32's letter is going off in the post!
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