dca problems

[foolishgirl]

Hi Thom, you really shouldn't be talking to them on the phone - it's the golden rule of CAG If you keep it all in writing, not only does it not give them the opportunity to verbally abuse & confuse you, it means that they cannot deny or lie about any agreement etc. at a later date.

 

You need to write to them with the 'harassment' letter asap

(http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html)

 

I would also suggest asking for a statement of account & then you can determine exactly how much you really owe.

[foolishgirl]

S.A.R - (Subject Access Request) what is this?

So what is the difference between a satatement of account and SAR?

 

A statement of account is just that - payments, interest added etc. like a bank statement. A SARs gives you any info. that the company holds on you. It costs £10.00 & you can actually ask for your CCA under it but you need to specifically request it as an addition to this template:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

... ask for a copy of the recorded conversation under data protection. Any advice on this because he's really p...d me off.

 

Prob. wasting your time & postage - they'll deny conversation ever took place, let alone have recorded copy. Forget it & keep everything in writing from now on.

 

FG

[foolishgirl]

Sorry FG, I was typing slower - it's my age you see...

 

Just a spring chicken compared with this old cow! :grin:

[foolishgirl]

Thoms - Andrew1's advice was invaluable, read around the forum before you fire off letters but to answer your questions briefly:

 

1. The DCA has to produce the CCA if they have bought the account, the SARs request to them might only produce the info. they hold which might not be all that is held by the OC & you may have to also SAR the OC to get everything you want but the DCA is a good starting point.

 

2. Think you mean Notice of Assignment - yes, you can request a copy of this in your SARs request

 

3. If you want to make a complaint, ask for their complaints procedure info first - they have to send it to you & it may contain different addresses etc. than the contact info. you have. You can add this request to your SARs request.

[foolishgirl]

thanks,

I don't want him to have a personal vendetta against me though.

 

 

There's nothing personal in it Thom, don't worry - you'll prob. get another muppet next time round who, as matsinlondon pointed out, will be looking for a different sweetie reward. 'Another day, another dollar' is the DCA maxim.

 

If you specifically request your CCA as part of your SAR you need only pay the £10.00.

[foolishgirl]

 

 

....I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

Furthermore I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. The £10 fee enclosed will cover the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

 

The latter bit doesn't apply if you request a copy of your credit agreement under a SAR.

 

Perhaps just include something like:

 

'I would be grateful if you would ensure that a copy of my original credit agreement with your company is provided as part of this subject access request. If you do not possess a copy of this agreement please indicate such in your response.'

 

You will then know if a CCA exists & decide on the appropriate action.

[foolishgirl]

That's better - thanks CB & saintly.

[foolishgirl]

Don't think your CCA request will help get your interest rate down, thom, particularly as it is only dated 2007 - it's likely to be completely enforceable & MBNA know it.

 

As you may have read in the MBNA forum, MBNA are not noted for their considerate responses so pleas for a lower rate will likely fall on deaf ears, particularly when you are regularly paying them a decent amount per month.

 

I think maybe your best bargaining tool is to ask for a full & final settlement if you can afford it, maybe using funds from another account that hasn't got such a high rate of interest. However don't expect much reduction & don't be surprised if they say no.

 

Sorry if it's not what you wanted to hear, but that's my opinion.

[foolishgirl]

Hi foolish,

I forgot to mention I had the card since about 2002. Just never used it.

So it would be before the act was amended.

Does it make a difference?

thanks

T

 

Yes, that does make a difference!

 

1. It is not regulated by the CCA 2006 amendments

2. It's possible that MBNA will not be able to produce it, in which case it would give you a very strong bargaining tool for greatly reduced settlement, although I think they would prob. not reduce interest rate as long as you are continuing to pay this sum.

 

I would therefore suggest sending for your CCA (don't be surprised if they send you an applic. form & claim it is an agreement) as you have done with others. Note: you cannot stop paying until & if they fail to produce it after 12+2 business days, at which point you can put the account in dispute, stop your payments etc. They should not record a default against you whilst your account is in dispute but they probably will! so your best option would be prob. to then bargain for a settlement if you don't want the hassle of the default, getting it removed etc.

 

Have you had any late payment etc. charges added to this account? If so, they can be reclaimed & set against your account. If so, you would need to send a SAR with the £10.00 fee to get any statements you need to calculate the amounts unless you already have all the statements.