Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!

[blueda]

Cheers Ida, i will start the letter tommorow night.

Edited March 2, 2009 by blueda
Typing error

[thrubolt]

Blueda,

you say they can't provide CCA, so why bother making an offer just to improve your credit rating.

We know that these gangsters are like, thats why there is a forum,

no one has been sent to jail or had their hands cut off for being in a bit of a financial quagmire - its the lenders own fault for the problems because once they hook you they offer incentives to make people take more credit then they up the interest rates knowing full well people cant pay a damn penny back.

DCA's are on the lowest pecking order so don't offer a penny - not one jot - they never turn up in court - not one representative wants to travel hundreds of miles to be made a laughing stock for wasting courts time for paltry amounts,

I have only this to say - SIR FRED GOODWIN - Crapbot should chase him for the £28 BILLION he squandered - sorry for rambling, but chasing people to the end of the earth for a couple of hundred quid rather pales into insignificance don't you think.

[marcellep]

Can I just say al the best! and I am reading this with great interest

[blueda]

Good points thrubolt,

i had thought about some of those issues, im feeling fed up paying them for all those years, some have been paid by reduced settlements arranged by DMC,

we have paid thousands over the past 9 years, yet the debt was run up in a very short time, and i wonder what we got out of it in the first place.

We've never had a new car or new suite, yet paid back thousands of pounds, and thats after Haydon getting the interest stopped.

Now i want the creditors of my back.

I am taking your comments into consideration, and all comments and advice are welcome.

I would appreciate further advice on this folks, do i use the absence of CCA to get a very much reduced settlement figure, or do i ride them out and dont make any further payments at all ?.

Im no longer in a hurray to make Cabot an offer, not sure if i should as i have paid back a lot more than i ever used, and still have over £5,000 debt.

I would appreciate further feedback as to what i should do next,

should i send another letter reminding them that as there is no CCA, then the debt is still in dispute ?.

[silverfox1961]

Hi,

I appreciate your wanting to be responsible for your debts BUT CAbot bought the debt for pennies, chased you for it, got some money out of you(i think) so you owe them no obligation to pay anything until they come up with the goods.

 

Since Cabot said they couldn't get a copy of my CCA they haven't bothered me and it's been 3 months so far.

 

My advice. Sit back and enjoy the peace.

 

fox

[IdaInFife]

another route may be claiming back any unlawful charges.

 

 

Ida x

[blueda]

Cheers silverfox,

yes they have made money out of me, as i said earlier, during the short time of stupidity that we got into debt, we didnt buy a new car new three piece suite or new television go on holiday, yet ended up £12k in debt with little to show for it, that was in late 1999 - early 2000.

Cheers Ida, i dont have any documents on the charges to prove it.

[thrubolt]

Hi all,

enjoying my stella whilst writing this. yum, now to business -

I received, guess what? a letter from Crabbybot today " Unfortunatly (for who) Cabot have not been able to provide you with the requested information within the relevant time period" Whoa boy, hold on right there, This seems to me to be an admission of FAILURE

- They obviously have admitted to me, on paper, in black and white "relevant time period" Bear in mind I CCA'd them in January,

They say they have worked hard to obtain this information (yeah - right mate) and the original lender has been unable to locate the relevant information from it's archives" - (try the kitchen drawers like me prat head I keep everything there),

they go on - try to request the info from your original lender which you are entitled to."

- Hang on, stop the merry go round - DURRRR - my brain hurts - if you have to, to date send your 5th letter to tell me that you can't get them to locate documents -what chance have you got, and I ain't doing your donkey work for you because if I do I will have to bill you, and I don't come cheap, thy go on - " Although we are dependant on the original lender for the info, the relevant time period has now expired -( thats the 2nd time they have admitted this)

However, cabot shall continue to request info - we hope to receive the relevant info shortly" SHORTLY IS WHAT THEY HAVE BEEN SAYING SINCE JANUARY, WHY CAN'T THEY JUST SAY WE ARE TALKING rubbish just to prolong the agony.

Letter off to them tomorrow telling them to.. they have given me all the ammunition I need and if need be to show it to relevant authorities and if need be court. - GOD that feels better getting that off my chest.

[Cunning Plan]

Hi Blueda,

 

I've only quickly read through this thread so sorry if I missed something but you quote in your first post.

 

'As you are aware LINK FINANCIAL purchased your debt from MBNA EUROPE BANK LIMITED on 31 january 2001'

 

Have you been in regular contact with Link or making payments since 2001?

 

CP

[blueda]

Ive been paying Link financial through a debt management company since 2001.

I have received a reply from Link financial today, headed final response.

Link has paragraphed and answered all the points of complaint i made, they've supplied all payments made since 1999, originally with MBNA.

They say that my MBNA account was assigned to Link Financial in january 2001. Therefore this account is no longer being reported to the credit reference Agencies as per the Limitations Act 1980, and that i have acknowledged the debt by making numerous payments.

The debt is known as a chose in action2.

As the original lender holds the legal right to collect the debt etc.

In response to the CA request they state,

Please find enclosed a copy of your agreement as requested.

We have therefore complied with our obligation under the consumer credit Act 1974 and do not consider your account to be in dispute. They have supplied a copy headed

MBNA Platinum Plus Visa Card

APPLICATION FORM

My signature dated 3/99 is at the bottom right corner. I dont know how to scan yet, does it sound like the CCA ?.

[rory32]

An application form can be a valid credit agreement. However, very few are as most application forms fail to contain the necessary prescribed terms.

[blueda]

Thanks rory, i will get it scanned as soon as possible.

[BASNI2009]

hi just read this thread and a good point i would like to make if you pay them and they mark your debt as settled on your credit file this is no beter off then it been marked as defaulted and they belive you and me do not deserve a penny NO CCA NO DEAL end off sit back relax and everytime they contact you that goes in your favoure as you will be able to do them for harrasment

[blueda]

Cheers BASNI2009, ive decided to do just that.

 

Has anyone used the free credit report site CreditReportUK, and is it genuine ?.

 

Ive signed up with photobucket and need help on how to load image of alledged CCA onto this thread. anyone ?.

 

Any opinions if the above is an enforcable CCA or not is welcome.

[freakyleaky]

I have removed the cca scan due to the code left in as requested.

You will have to edit it yourself and then re-post.

[blueda]

Here is the scanned alleged CCA request,

is it Legal ?,

all advice welcome thanks.

http://i634.photobucket.com/albums/uu69/blueda19580/Scan0001-1.jpg

my signature is on the form, and valid details which have been painted out, mothers maiden name employment details etc are there, is it legally enforceable ?.

[fegan2401]

Hi Bluenda, I am not an expert and have only been reading these threads regularly quite recently. Someone else posted that an application form can be enforceable as long as it has the prescribed terms which I don't seem to see on yours. I am sure someone else will either confirm this or totally disagree with this and blow my short lived confidence at knowing what I'm talking about out of the water.

 

I'll be watching with interest as I myself received an application form through from Horwich Farrelly Solicitors regarding an old Barclaycard account. Again this has no prescribed terms such as interest rate etc included.

 

As I say maybe I'm totally wrong and picking everyone up wrong so please do not take my view to be right until someone confirms this.

[darkhorse53]

I am watching this thread with interest as it is very similiar to 2 CCA I received from Marks and Spencer Money- one for the credit card and one from the Personal Reserve(flexible loan account) .

To my untrained eye they are clearly missing several important elements.Surely they can't just rely on refering to separate T&C, this would be open to too much abuse and misinterpretation.

It's the first time I've done anything like this and I'm extremely nervous about the whole thing.What do you do next if these agreements aren't enforceable. I spoke breifly to M&s and they said'what are you bothering about in 2002, we are trying to sort your account out now.'!!!!!

I'm sure there must be a useful thread, but I can't seem to find it.

[FlyboyAgain]

i had the same exp with Bank of Scotland, though not over £3k, thankfully.

If I was at a Dinner party and I found I was sat next to a banker (exec and above) I'd getp and leave; they are vermin.

Can anyone supply with the template for this demand?

The DCAs are staring to lean on me (Blair, Oliver & Scott and another lot down south) so time to fight fire with fire!

[silverfox1961]

If it's a CCA request you are after, here's the link:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

[FlyboyAgain]

Many thanx for that.

[rory32]

No prescribed terms so completely unenforceable.

 

What do you do next if these agreements aren't enforceable.

That is entirely up to you. You can either decide to reach some sort of settlement on your terms, as legally you don't have to pay them anything, or you can invite them to just write the account off and discharge your liability.

[blueda]

Thanks Fegan and Darkhorse your comments are most welcome. Rory i am going to write a letter to Link, informing them that the MBNA application form is not a CCA, so is unenforcable. Is their a template i can copy ?.

[darkhorse53]

I too would find such a template useful, if these agreements aren't enforceable what are your rights exactly?M&S just aren't taking me seriously enough. I've read quite a bit about coming to an arrangement with these companies, but M&S are registering adverse info on my credit file and just blanking my letters(I suspect a common tactic)so I feel they have a powerful lever. They just aren't acknowleging the point.I would like more ammo.

And thanks for all comments, much appreciated.

[blueda]

I have sent a letter i copied from the thread titled CCA received-enforceable ?

first one

please help, it is on the general debt issues.

As for them ignoring your letters, send them 1st class recorded delivery.