dca problems

[thomsmyth]

so its 40 days for sar request

[thomsmyth]

so its 40 days for sar request and 12+2 for cca

i take it then the cca then just ups to 40 as it is being requested with sar or should i state in the letter that cca time frame is 12+2?

or just accept it in 40?

 

nb: im not disputing the fact they are my debts and i am paying them but the laws the law- for us and THEM.

[tiglet]

Hi Thom

 

CCA request won't really help with the overdraft, I'm afraid - but the SAR might. make sure you send everything recorded so that you have proof of delivery.

 

In answer to your PM, I'm subscribed to the thread so will see any updates you post and will gladly help all I can on here - I don't give advice by PM, I'm afraid.

[thomsmyth]

Thanks Tiglet,

I know i have a different letter just for S.A.R - (Subject Access Request) for my overdraft,

but the other 3 are for 2 cc and 1 loan.

Can I put a letter on here and see if yous think it suffices?

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxx

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. I also request the notice of assignment for this account.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

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.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully,

Edited October 5, 2008 by thomsmyth
account no

[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.

[citizenB]

thomsmyth, you should really be asking these questions on your own thread:)

 

I have asked a mod/site helper to move all your posts and the replies from 868 to 894.

 

Your thread is here..

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162178-dca-problems.html

Edited October 1, 2008 by citizenB

[saintly_1]

Posts moved as requested

[citizenB]

Thanks saintly

[foolishgirl]

That's better - thanks CB & saintly.

[andrew1]

Just to complete your inaugeration Thom bear in mind that people on forum refer to CCA in 2 ways. I note your reference to it above, but this is just to clarify for others who may not know....

 

1) Consumer Credit Act

 

2) Consumer Credit Agreement

 

 

The Consumer Credit Act is of course what all this bartering revolves around and comes in 2 packs the original 1974 Act and the revised 2006 Act - this OFT site helps on that The Office of Fair Trading: Consumer Credit Act

 

the 'Consumer Credit Agreement ' being your agreement with the bank/Original Creditor.

 

the 'CCA Request ' being a request to the bank/original creditor for a copy of your Credit Agreement as you are allowed to request under the Consumer Credit Act.

 

 

Hope this helps

 

 

Sarah

Edited October 2, 2008 by andrew1

[thomsmyth]

hello again guys,

I have a question about an mbna card. Short story of it- i got a new job feb 2007 had a credit card with them unused with 1700 credit limit. Thought good job, good pay, can afford to pay that off easy. So now a couple of suits, a mad couple of weeks in Norway and theres 1400 on it. The interest rate is something obscene like 35%. I've asked them to lower it. I'm paying more than min amount- £70 quid a month. They won't lower it. If I do a cca request can it act like a bargaining tool to get them to lower it. I'm paying it off like but 35% is extortionate. I dont want them to put a default on my file for it, cos i'll be clear of them(defaults) in march, dont want to start another 6 years of misery.

So should I do it to get the apr lowered?

Can it work like that?

T

[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.

[thomsmyth]

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

[thomsmyth]

And also I tried applying for a cheaper loan or credit card but my credit report is still a bit iffy and i was turned down.

 

cheers

[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.

[andrew1]

Just as a matter of interest, I was doing some work last year for a guy in the midlands who had an MBNA credit card account with £21,000 debt he had no way of paying. I told him what to say and suggested he offered a £5000 full and final - they accepted! Sweet!

[bazaar]

Hi Thom

the letter you posted has an account number showing, you have to be very careful not to reveal information on here