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    • Credit card was used maybe in 2014 last. then i was only repaying min. payments till 2016 but this was killing me and I had to stop. On credit reports shows both credit card and overdraft as HSBC accounts.    So if account is defaulted in 2016 would it disappear from credit file after 6 years or will stay there until is paid off?    I really thank you for your time.  E. 
    • They did supply a new turbo yes. Im happy to just get the fitting money back. Although I had to deal with high pitched screaming for weeks I'm sure that could do with some recompense!!
    • Can you remind me. Did the garage supply you with a new turbo for your £2,000? If it did, then you will need to consider what the normal value would be of a new turbo and that at least would have to be deducted from the amount you are claiming. It seems to me that if it was fitted incorrectly then you would be able to claim back all of the money which was paid in respect the fitting but not in respect of a new turbo if they supplied that
    • then i'd simply stop paying the HSBC OD debt for an A/C of that age, there will undoubtedly be far more OD fees and the interest those have caused than the outstanding balance.   £4k debt on a credit Card is quite a sum, when did you actually last use it, bar paying anything into it? 2007 is of a date whereby agreements might possibly be dodgy...it does make one wonder why HSBC has never sold this debt on, as paying a small token payment since 2016? is only ever achieving one thing...running the SB date to infinity.
    • Yes i still have all the customers names addresses and phone numbers of all the leads, so i thing i should ring them all up and see what they say.
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Mbna Cca- Illedgible!


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Hi

I today received this CCA from MBNA for a virgin credit card. They went into default on 3rd July, so its a bit late.

 

They sent it printed on one piece of paper the first bit on one side and the second bit on the opposite side (obviously an attempt at making me believe this was originally two sides of the same document!).

 

Although on the suface I think this is probably enforceable, having the prescribed terms etc, BUT it is very illedgible which makes me think they have not photocopied it from the original.

 

Also on the front page you will see there is a pair of scissors above the section saying please sign this form and return to us. then there is a section with virgin address details and ANOTHER pair of scissors!! I have never seen anything like this before and it really makes me think they have 'hashed' this together in an attempt at making an enforecable agreement!

The signature of theirs also looks like it has been added at any time as there is no specific section and no date with it.

Also it is obviously the pre contractual agreement as it says, please issue a virgin credit card to me.

 

I read on here somewhere that just the fact that this is illedgible makes it unenforceable, is this true? Also there is nothing linking the two side from what i can see.

 

Could someone please take a look at it and maybe point me in the right direction for a letter asking them to resend one that i can actually read.

 

They also sent with it a few pages of the current terms and conditions as the charges are £12. On the front of these at the top it says here is a copy of your credit card agreement.

 

I really feel confident that they haven't got the original from what they have sent but from what i have read on here i don't expect them to send anything else and that they will keep on harassing me until the matter goes to court. Is there any way I can demand to see the original before it gets that far?

 

Thanks for any help!!

GIS :-)

 

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=mbna23rdJulycca.jpg

 

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=mbna23Julycca2.jpg

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Hi

I am shaking!! I have just had a rather irate conversation with a guy from MBNA! He phoned on my mobile from a mobile number and asked if i was "my name" and i said yes and he proceeded to tell me they had my letter under section 78 and he is required to tell me unless i pay ££ now he is passing it to his legal team to start litigation and then asked if i was a home owner, i said yes (is he just trying to scare me here?). There was no questions for data protection or anything!! the same guy phoned me the other day and didn't ask any security questions either but that was before they had received my reply that the cca was illegible. I stated that he couldn't start litigation while the account was in dispute because the ca they sent was illegible. He asked if i was willing to pay now and i said no not until you send me a valid cca that i can actually read. He said they had done that, he asked if i had paid the £1 for it and i said yes of course and he said that in my last letter stating the cca was illegible that i hadn't sent the cca back!!! i said no i didn't but you have obviously got a copy of it there! He said can i ask you to hold on to that to prove in court what we have sent you a valid legible cca, i said of course i will hold onto it to prove it is illegible! I then said if this goes to court then you would need the original cca and i have asked politely in a letter for a photocopy straight from the original so i can read it properly so why not just send me a copy straight from the original. He said they had, i said no it was obviously scanned it on a computer. He then said he is not getting into a conversation about it anymore unless i pay and i said oh i have to listen to you but you won't listen to me. he said he can't get into a discussion about it. I said well if you can't send me a better copy of the cca then you had better take me to court then, he said the file is being passed to their legal team for litigation TODAY!!!

I asked if anyone was going to replying to my letter in writing and he said the legal team will.

 

I AM VERY SCARED NOW!!! I don't mind admitting it!!

 

I mean the cca does look valid but there are some dodgy things about it (see above) so i really don't think they have the original, but why would the take me to court if they haven't got the original? it doesn't make sense!!

 

Am i right in thinking if they take me to court and show up with the original it will look bad on them for not cooperating with me and sending me a good copy of the original so i would then pay them and not waste the courts time?

 

This seems to have progressed a lot quicker than others on this site!! I have had threatening letters as such yet. Just one threatening to default me.

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Hi GIS

 

Calm Down

 

Why are you speaking to these to muppets on the phone anyway thats their intention to get you rattled.No more phone converations everything in writing. IMHO the CCA you have posted is totaly unenforcable I cant see any persribed terms.

 

Regards

Andy;)

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Hi

Thanks!

I don't know why i spoke to him! He caught me off guard with the mobile number! I am so annoyed with myself for speaking to them! I usually do just say can you put everything in writing!!

 

I know that is exactly what they wanted, to get me scared like that!

 

Thanks for replying! :)

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Hi

 

What makes you think its enforcable?

 

Regards

Andy

We could do with some help from you.

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Hi

I don't know. It has my signature on it on the front. It has the sentence that relates to the credit limit on the back and the apr and something about payments. BUT there is nothing to link the front and back, AND on the front there are 2 scissors so it looks a bit like a cut and paste job so I was confident they hadn't got the original was IF it was enforceable but they made me lose my confidence in that phone call, which is their aim!!

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I say it has all thos things on the back ie the 'prescribed terms' but i can't actually read it properly, i can make out odd words and know they are part of sentences that i have read on my other cca's. I genuinely can't read it all and it is a really bad copy!

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  • 2 weeks later...

Hi everyone

I received a ltter replying to my letter saying the CCA is illegible and requesting a legible copy, they are not sending me anything else!! I have posted it below.

 

Image of mbna cca reply - Photobucket - Video and Image Hosting

 

Also I have received a default notice now. Could someone look at it and see if it is correct. They shouldn't be able to issue a default notice until they comply with my request should they?

 

Image of mbna default1 - Photobucket - Video and Image Hosting

 

What do i do in response to both their letters? reply saying they can't issue a default yet or just ignore them now until they take me to court?

 

Thanks

GIS

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Hi GIS

 

As tinker says not a default note.Can you post up the letter you sent in response minus personal info of course.They can issue a Default as you are in arrears irrespective of your complaint.

 

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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