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Emma Royd v Alliance & Leicester (MBNA)


Emma Royd
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Sent a CCA request on friday 25th July by recorded delivery. Got this back on Friday 15th August (yes I know it's September but i've been burying my head in the sand)

 

Could someone take a look over it and advise please.

 

Reply letter

http://i399.photobucket.com/albums/pp79/EMMAROYD1/scan00101.jpg

 

Agreement

http://i399.photobucket.com/albums/pp79/EMMAROYD1/scan0002-1.jpg

http://i399.photobucket.com/albums/pp79/EMMAROYD1/scan0003.jpg

 

also got printed terms and conditions. This is page 1 of 4 i've received. http://i399.photobucket.com/albums/pp79/EMMAROYD1/scan10001.jpg

Notice the £12 charges and i've had this card for over ten years

 

cheers

 

Emma Royd

xx

Edited by Emma Royd
added terms and conditions
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it looks ok

what was the point in the CCA request?

is this an old debt that you are being chased on or were you hoping to avoid something?

there must be charges etc levied against the A/C? p'haps an SAR would have been better?

 

more info please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it looks ok

what was the point in the CCA request?

is this an old debt that you are being chased on or were you hoping to avoid something?

there must be charges etc levied against the A/C? p'haps an S.A.R - (Subject Access Request) would have been better?

 

more info please

 

dx

 

 

How does it look ok? There are no terms or conditions on the items she was sent back. It looks to me like an application form from what I can see.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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more info please

 

Same reason as with cap1 and alliance and Leicester

 

I got made redundant on 16th May and had being paying PPI. I tried explaining my circumstances and that my only source of income was the benefits i'm receiving and would they put my account on hold for a while whilst insurance claims pending. They wont listen and keep bombarding me with phone calls and the usual letters and now my account has gone into default. Oh and the insurance still wont pay out and i'm still fighting them over it.

 

Posted on here a few weeks ago and was advised to send my creditors CCA requests.

 

hope this helps

 

Emma Royd

xx

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it looks ok

 

Do you mean it looks enforceable?

 

or were you hoping to avoid something?

 

I'm not trying to avoid anything. I don't disagree that I owe the money but I was asking for a little breathing space after being made redundant and them sorting out my insurance claims. I'm still fighting the insurances nearly 4 months down the line and in the meantime the totals on my accounts have spiralled out of control with charges for this and charges for that being added all the time.

 

I would like to claim the charges back but i'm struggling to find the £10 for each creditor at the moment.

 

Emma Royd

xx

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How does it look ok? There are no terms or conditions on the items she was sent back. It looks to me like an application form from what I can see.

 

its diff to see what has been removed or not, to hide personal details, as the image is blurred, also the post says terms and conditions were inc separately, there is a very big thread on this site that details the good and the bad...maybe that will help better.

 

i think this case rides on the issue of PPI, the left leg of the company needs to tell the right leg that there is a pending claim, or p'haps a letter pointing to this [obvious] fact to us.

 

keep us informed

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its diff to see what has been removed or not, to hide personal details, as the image is blurred,

 

the document they sent me is of very poor quality. All i've done is tipexed out my signature and my name and address and work details on the application bit.

 

The insurance company is seperate from Alliance(mbna) and i'm starting to think they are draggin their heels on purpose. They keep sending me forms, which I then have to send to the jobcentre, who send them back, which I return to the insurance company, who then keep telling me they want more information. Its a total nightmare and i've got this goin on with four different creditors

 

Emma Royd

xx

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aw.. this PPI thing is a real nightmare, they take it when you dont want them too, or they insist you have it or you wont get credit.

if you have a rightful claim they drag their heels.

whatever you go, PPi seems a dog.

 

i really do hope you start to get a brighter light at the end of the tunnel with this.

 

i suppose the only saving grace is they are just charging themselves more, 'cause i think you have a good case of getting the various PPI's to pay out here, you appear to tick all the right boxes for qualification on a payout.

why can't they just get on with it?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

UPDATE

 

ok guys wasn't sure the CCA was enforceable or not so thought i'd send them a non compliance letter on the off chance. If anyone has the time could you please have another look for me in post #1

 

 

Anyway this is the letter I received in response. It was dated the 8th so i'm leaving it late as they say I have until the 18th which is tomorrow.

 

http://i399.photobucket.com/albums/pp79/EMMAROYD1/scan440002.jpg

 

 

any thoughts and advise what to hit them back with would be greatly appreciated

 

thanks

 

Emma Royd

xx

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Hi,

 

I'm in the same boat with A&L...Pastel shaded envelopes with threats inside etc...:)

 

So, we can't see anything from that agreement can we? So it's illegible for a start, which is against the rules....:)

First question is: are the prescibed terms within the 4 corners of the signature document?

 

Does it have APR, repayment amount, credit limit, repayment amounts?

 

I can't see them to be honest. If they claim that they are contained within the T&C - Does the T&C relate to the front page? No, as the original terms were full of charges for 25 quid...

 

So, they may have complied with the requirement to supply a true copy of the agreement - So they are not in default of the 1974 regs and your request bfor a true copy, however that does not change the fact that the agreement may be unenforceable...

 

They have sent you the minimum they are required to by law, but in order to enforce they must produce the original in court and it must have ALL of the prescribed terms...

 

Mine doesn't so I sent a letter telling them so - i.e. illegible, missing the prescribed terms, T&C's that didn't relate to the original agreement, missing pages etc.

 

They sent me a letter saying the same as yours - So I sent the my letter again, the same as the last one...I got the same letter as you back, again...Now I just ignore it all...

 

I'm not sure if this any help to you, but I really am not going to take them seriously until they take me to court - which they may or may not...If they do, I'm pretty sure they will loose...

 

All I'm saying really is that there is no need to panic, you have all the time in the world - It will be ages before they do anything definative..Mine has been going on for 5 months now and I still get the same letters as you...

 

So I would simply send them the same letter as you sent them last time and then leave it at that...IMHO..But canvass a little more opinion before comitting to anything...But good luck anyway..And I'll help in anyway I can..Laters...M

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:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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Emma, the prescribed terms are definitely missing and the T&C's are clearly the most recent ones, not the ones that existed when you applied. See my draft letter on your capital one thread.

 

Good luck.

 

BTW - Were you told that you needed the PPI to get the card?

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Thanks Multay and smt37

 

Smt37 thanks for the draft letter on Cap One thead. Think i'll send it to A & L for good measure. Had a couple of phone messages off them in the last few days asking me to ring them.

 

 

BTW - Were you told that you needed the PPI to get the card?

 

To be honest I can't remember I've had this card at least ten years. I looked through all A & L paperwork I have the other day looking for T & C's regarding the PPI and all I can find for that are recent ones.

 

I've emailed my MP as advised on another thread regarding PPI's not paying out amongst other things and i've had reply back from his secretary saying he'll be in touch shortly. Should I mention this in my letter back to A & L ?

 

cheers

 

Emma Royd

xx

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I was thinking that if your outstanding balance is less than the PPI you have paid and you were mis-sold it, you may be able to claim it back and reduce the balance to zero anyway.

 

Actually, you could do that once they've agreed to write off the debt because there is no CCA - and then claim the PPI back :)

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thanks again smt37

 

had a little help from some guardian angels today. They've helped me with the last lot of insurance bumph so hopefully that will kick them into paying out at last.

 

I do plan to go for charges but at the moment I can't afford to pay for the SARs

 

Emma Royd

xx

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:-D:-D:-D:-D:-D:-D:-D

 

The help I got from the guardian angels worked !!!!!!

 

just got a letter from Alliance & Leicester insurance to say they are making a payment of £1082.20 to Alliance & Leicester credit card for the period 19/05/08 to 15/09/08.

 

I've also received this http://i399.photobucket.com/albums/pp79/EMMAROYD1/scan05001.jpg

 

sent them a letter which smt37 kindly posted on my other thread yesterday by recorded delivery in reply to a similar letter I got last week.

 

Now i'm not sure where to go from here seeing as they are paying out on the insurance. Do I still go up the CCA route or is it now time to SAR them? Over the last four months they have slapped me with loads of charges and default notices. Would it be a good idea to check my credit report?

 

I suppose what i'm really asking is can I get them to remove all the crap they've slapped on me since May 19th whilst this insurance claim was pending?

 

any advice would be much appreciated

 

thanks

 

Emma Royd

xx

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I suppose what i'm really asking is can I get them to remove all the crap they've slapped on me since May 19th whilst this insurance claim was pending?

 

Why don't you ask them - very politely but very firmly. See what they say. If yes then all is well. If no then wheel out the big guns.

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I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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