Remember he shouldn't sign anything. Print or digital signature only and send by recorded delivery. Should this ever proceed to anywhere near Court that recorded delivery letter keeping the creditor informed and not ignoring the problem will show a Judge your uncle has behaved properly and could help in keeping MBNA's dirty mitts off his properly.

It's possible they could accept it based on their own admission they cannot enforce the loan account but it's never that easy usually. They might take the £300 as F&F for the £500 overdraft but as for the separate issue of the loan it's mostly likely they will take the approach as per the other threads i gave links to and continue to try to pursue you for the balance with various DCAs over time hoping to wear you down and extract cash from you. Wait and see if they accept or what the tone of their response is but you may have to get tough with them and issue a Letter Before Action informing them of your intention to start legal proceedings. These days it's generally the only language Creditors (even those in the wrong) understand. 2 years of battling over 2 irredeemably unenforceable agreements and I've have been through 15 Debt Collection Agencies in total and haven't moved forward. The only win i have had is when i started legal action. (£1,500 written off with Cap1).

Personally i would leave it. It's not advisable to stop paying in anticipation of a creditor failing to supply the agreement within the required time frame but really your uncle has only a matter of a week or so before the account is in dispute anyway. MBNA are notorious for not having proper agreements (especially the older ones). The late payment letters are computer generated and standard stuff. If your uncle is concerned about doing everything above board and keeping the creditor informed to show his honest intentions and co-operation etc (until they default on the CCA request which they will) then you could send a letter informing them of his circumstances (if he hasn't done so already). No need to do an I&E form (they will ask for one anyway but by then they will be in default). Something like this but amend to suit your uncles personal circumstances: "I am writing to inform you of a recent change in my circumstances after (add reason: losing job/benefits etc). I therefore find i am unable to continue to make further payments regarding the above card. I anticipated to regain an income before now but it hasn’t materialised and am now earnestly looking for employment again and a change of career with the view to full time work and a return to a decent wage as soon as is possible. I am unable to make token payments at this time due to priority debts and a lack of disposable income until my financial situation has improved and will be writing to my other creditors asking for reduced payments also. In view of my dire circumstances please would you please freeze interest and charges for the time being. Should my situation improve I will of course inform you promptly. Yours sincerely, PRiNT NAME (dont' sign) How old is this account and what's the balance roughly?

It's your right to play it out the way you see fit and what you feel is the best option for you but personally i wouldn't have paid them a penny. Your position is very strong and they have admitted to that. Having said that i can understand you wanting to sort this out once and for all as it's a long road to take (even when you are in the right) and would probably involve Court Action by you to get a result one way or the other. Good luck tho, hope you get the result you want. You may be interested in these similar threads where the Creditor (again Natwest) has 'misplaced' the agreement and it cannot be enforced: http://www.consumeractiongroup.co.uk/forum/legal-issues/177986-unenforceable-loan.html http://www.consumeractiongroup.co.uk/forum/natwest-bank/179841-natwest-have-lost-my.html

I can't see anything after browsing on a change to the harassment act they are on about NWJ. If you can't find the answer here then try PT or the National Debtline. Would be good to refute or at least clarify their statement before you reply.

Don't tell me you talked to them over the phone talbot?! Ignore them.. you know what you can afford. Pay what ever you want and tell them that if they feel it is not enough then you will happily let a County Court Judge decide for them. Until you receive Court papers you will continue to pay what you can afford. Until your circumstances change or improve any further demands for payment will be read and filled but not responded to. I would also remind them that further demands for unreasonable levels of repayment will result in a complaint to your local TS and the OFT as per OFT debt collection guidance: Physical/psychological harassment 2.5 Putting pressure on debtors or third parties is considered to be oppressive. 2.6 Examples of unfair practices are as follows: a. contacting debtors at unreasonable times and at unreasonable intervals b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties e. not informing the debtor when their case has been passed on to a different debt collector f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so g. making threatening statements or gestures or taking actions which suggest harm to debtors h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, for example, by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

I believe it's Triton Credit Services.

Action plan now is to A get charges returned and B force court action to be taken. Mint never complied with a SAR from way back in March 2008 so complaint going off to the ICO. Once i have the statements i will be able to calculate the charges and will demand their return. In the mean time i will request that they or their DCA begin legal proceedings when ever i get a communication.

Thanks!

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175651-complaints-about-fos.html http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

They can, sometimes, be helpful. It's a very long wait and like reallymadwomen you have to do a lot of work to help them out. Complaints re other matters including PPI may have a better chance of success but a complaint re valid agreements don't stand a chance. They make matters worse because the Creditor use the opinion of the FOS employee against us later. The CPR letter i sent to HFC at the beginning of this year was responded to with "i understand the FOS decision last year was unfavourable to you". In point of fact, that was one adjudicator that was neutral in his stance but HFC tried to use that to ignore the issues i was raising. Also, during Cap1 mediation they refused to compromise stating "the previous FOS decision backs up our position (re validity of the 'agreement'). So all in all i wish i hadn't gone to the FOS and waited 9 months for them to give the creditor more unfounded and false ammunition to use against me.

Morning DD... My plan is to send a SAR. Quite a specific and detailed one including a request for information regarding their securitisation. Nope not the FOS for this one.. been there, done that... got the t-shirt. They will not help re a CCA complaint. In fact they will only make matters worse. I'm avoiding the biased and ex-banker infiltrated FOS: http://www.consumeractiongroup.co.uk/forum/general/183738-why-does-fos-take-2.html#post2016037

I still suspect that within 6 months this could well be applied nationally and any N1 that contains the unenforceable agreement aspect will be stayed by then. Good news if you are under attack by a DCA but from my point of view, not great if you are the one that wants to do the attacking. I certainly don't listen to that solicitor Daniella Lipszyc who warns of claim companies when she used to work for one: "Ultimate Law was founded by director Daniella Lipszyc, who previously worked in-house for Altrincham-based Financial Claims Service Ltd."

As usual they say one thing over the phone and another in writing. I doubt you will ever get that 'apology' on paper from them.

My personal view these days is that after you have informed the DCA of the dispute (depending on how strong your argument/agreement is) then after that ignore the swine. I used to think keeping up a papertrail was good and i still do. By all means send that letter in the link if it's appropriate to your issues etc tho. Or.. you could call their bluff and tell them to start Court action: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/171374-bank-scotland-terminated-without-19.html#post2148399

More of the same: MoneySavingExpert News - Debt write-off cases to be suspended by courts, lawyer claims

Ah i see.. thanks folks. Here's more on the same: MoneySavingExpert News - Debt write-off cases to be suspended by courts, lawyer claims

Where did you see this Sunray?

haha!

Exactly. I've been told that TS and MBNA have private meetings each month behind closed doors.

Yeah i know what you mean.. you've still got to keep up the fight. But I am just concerned where this is going. The creditors will pressure the regulatory bodies for the same kind of waiver the FSA gave the banks over the overdraft charges and we could all be left in limbo with stayed claims all over the place and years to wait for a resolution. I am unclear if this is just Chester or the whole country as yet. But you can bet if the creditors think it should be a nationally applied freeze then that's what it will be soon enough.

So much for the LBA then if this means what i think it means: Judge freezes credit claims

So much for pre action anything. Looks like creditors are going to have a get out of jail free card.. at least for the time being: Judge freezes credit claims