Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[toxicdebt]

Hi

 

I'm here because I have searched the Internet about a loophole I was told about where my pre 2007 credit cards (egg, Cahoot & MBNA) can be made unenforceable. I owe over £17000.

 

Is this possible? and which section of the forum do I get the info from, i cant seem to find the right section.

 

Many thanks.

[lateralus]

welcome to the forum makum,

i'm not sure but you might like to check out this section:

Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

 

hope that helps - i'm sure someone there will be able to help - just start a new thread in that forum for assistance with your query. good luck

[JK36]

There are firms out there that cliam to do this for you (for a fee)

From what I understand from this and other forums you can do it yourself, with some guidance.

 

Not tried it yet though i am thinking about it.

[MARTIN3030]

This forum offers all the tools guidance and advice.

You need to start sep threads on each forum and give brief details of your history with them.

Theres no quick magic solution like these reclaim sites seem to suggest-besides most will take money off you with no guarantees of success.

You need to read up and learn what you need to do.

There are lots of things you need to take into account and it will take an understanding-something you will learn by digesting info and advice from threads here on the site.

[toxicdebt]

Hi Folks, thanks for the info.

 

Ive been reading away since posting and it all seems very complex confusing and stressful. The one thing that puts me off this is the harassing phone calls everyone seems to receive. My wife is very sensitive and I fear it would make her ill having to handle the calls while I'm out at work.

 

Getting a company to do this for me would not (i presume) result in getting no harassing calls from my creditors?

 

Also I'm a sole trader / self employed and not registered for VAT. The C cards in question are personal ones taken out when I was an employee a decade ago. Does being self employed make a difference to what they can do to me?

[rory32]

Getting a company to do this for me would not (i presume) result in getting no harassing calls from my creditors?

 

Correct. Something that you can do to minimise this problem is change your phone number. Your telephone supplier will do this FOC straight away if you inform them you are being harassed (you don't need to wait until you are actually being harassed).

Also I'm a sole trader / self employed and not registered for VAT. The C cards in question are personal ones taken out when I was an employee a decade ago. Does being self employed make a difference to what they can do to me?

No.

 

If the cards were taken out a decade ago it is unlikely that a copy of the credit agreement exists. Without this they can not enforce the account. So say in the unlikely event that they did take you to court they would lose.

[toxicdebt]

Thanks Roy

 

I'm still a little confused to what I can expect from this process. If my 3 CC Co's don't produce a valid CCA is it a case of me not having to continue to pay them and forget about the balances or do i need to make them an offer to close the account?

 

Ive never missed a payment over the decade I've had the cards but now find myself in lower paid work and can not afford to pay. Furthermore the balance never seems to come down. The interest they charge each month nearly matches my minimum monthly payment

[MARTIN3030]

Are any of the accounts still active and what arrangements do you have now ?

Have you got or applied for copy statements from the original issuers ?

[toxicdebt]

Hi Martin

 

All 3 accounts are still active - I'm still paying the minimum amount each month but not using them anymore.

 

I applied for these cards back in the late 90's have moved several times since then and even lived abroad for 3 years (but still paid the monthly payments), so unfortunately I don't have any agreements. I think I applied for at least two of them on the Internet, MBNA I'm not sure about, it may have been posted to me due to my affiliation with my favoured football club.

 

I have not applied for any statements from them. MBNA used to post statements out but they stopped recently (dont know why). The other two just have online statement facilities.

[rory32]

MBNA won't have an enforceable agreement. Egg probably will have a borderline enforceable one and Cahoot are 50/50 whether they will even still hold a copy.

[toxicdebt]

Could someone point me to the CCA request letter template. Ive looked all over but cant find it.

 

Many thanks

[rory32]

It's template N here. Send it recorded delivery and don't sign the letter.

[toxicdebt]

Cheers. Found em all now.

 

A few more Q's before I start my thread...

 

1) Im still paying the min payment but it never drops the total debt. My payments keep increasing each month and I suspect they are increasing my interest rate. I dont get paper statements anymore (dont know why) and I cant seem to find anything about the interest rate on my MBNA online account other than the standard current rates which are 2.5292% for balance transfers, cash withdrawals, card transactions etc etc. How do I find out what proper rate of interest they are charging. I can access my statements on line and it tells me how much interest I have paid that month. The balance of my last statement is 39 times what they have charged me in interest. The balance is nearly £9000.

 

2) If I have to go to court to prove that my CCA is not enforceable are there lists of solicitors familiar with the procedures etc and I take it their payment would come from me?

[rory32]

How do I find out what proper rate of interest they are charging.

They should have notified you in writing of any changes in interest. Have they not done this?

2) If I have to go to court to prove that my CCA is not enforceable are there lists of solicitors familiar with the procedures etc and I take it their payment would come from me?

You would be defending any action so the emphasis would be on them to prove that it is enforceable. There are plenty of standard defences on CAG which have been successful in the past and continue to be successful. Obviously though any defense needs to be tailored to an individuals circumstances.

[toxicdebt]

Ive had a few leaflets titled 'changes to your CC account' over the last 6 months or so, didnt understand them and binned them.

 

I was thinking more of me taking them to court in the event of their denial of an unenforceable CCA.

Edited October 28, 2008 by toxicdebt
Added content

[maroondevo52]

Hi, toxicdebt.

 

If you could start a new thread for each of your debts in the appropriate Forums, you'll get all the help you require.

 

I'll move this thread from the Welcome Forum to the MBNA Forum, keep it updated, and I'm sure the people that are helping you at the moment will continue to do so.

 

Regards.

 

Scott.

[toxicdebt]

Just thought of another question...

 

While Im dealing with MBNA and my CCA req, i will still be making payments to the other two CC Co's. I know that MBNA can read my credit file and probably find out im still paying the others. Could they use this against me and if so should I do all 3 at once? (id rather split them up).

[rory32]

I was thinking more of me taking them to court in the event of their denial of an unenforceable CCA

Why?

I know that MBNA can read my credit file and probably find out im still paying the others. Could they use this against me and if so should I do all 3 at once? (id rather split them up).

No they couldn't use this against you. The enforceability of other agreements or otherwise has nothing to do with their legal position.

[toxicdebt]

Below is my CCA Request letter. Can I ask one of you guys to make sure Ive included everything before I send it off with my postal order via spesh delivery...

 

 

My House

My Street,

My Town,

My County,

My Post Code

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number Blahblahblah

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

 

Yours faithfully

Mr Toxic Debt

[rory32]

Your letter's fine.

[toxicdebt]

Finally got round to sending my CCA Req letter today. The address I have is...

MBNA

Stansfield House,

Chester Business Park,

Chester

CH4 9QQ

 

Who should I address it for the attention of? Or should I just send it to the above as is?

[rory32]

Just send it to the above address. You don't need to mark it for the attention of anyone.

[toxicdebt]

Thanks Rory.

 

My decision to send was finalised after being told yesterday that my APR is a whopping 37.2% APR (34.8% before compounded interest) and has been for the last 14 months.

Edited December 17, 2008 by toxicdebt
mis spelling of word

[toxicdebt]

OK They have had their 14 days and I have received nothing.

 

I'm unsure whether to send a account in dispute letter, send a CPR letter asking for disclosure of my exact agreement (as discussed in the 'why you should not CCA request' thread), or just do nothing and stop paying.

 

Is the account automatically now in dispute or do I have to inform them that I am placing it in dispute?

 

Any advice would be greatly appreciated.

[rory32]

You can now withhold payments. You don't need to inform them of why unless you particularly want too as they will be well aware that they are in default.