Hugh's CCA to Marbles

[Hugh Jeffort]

No reply as yet to my letter, have recieved other threats of defaults though, and constant telephone calls!! The wait continues...................

[Hugh Jeffort]

Hi All,

 

Haven't been on for ages so thought i'd leave an update, not that there is anything to add.............still get calls almost everyday and when I answer (Usually only one a day) the line goes dead! Have received a letter again from Anne Gartshore where she has now told me what I received was definetley an acceptable CCA, and that they dont have to provide my signature on it (which they did), still no ref to missing T&C's or of passing on to another lender while in dispute!!

 

I'll just wait some more I think.....

 

Hope everyone else is well.

 

Hugh

[johnnymitch]

Hi Hugh , thanks for the update

 

Might be an idea to check on your credit rating , just to make sure they haven't defaulted you ......... if they have you should let the CRA know that this account is 'In Dispute' ....... they should then take it up with the bank ....

[Hugh Jeffort]

Thanks Johnny, i'll do just that, they have issued me with a default but I haven't heard anything since, I was going to look on experian, should I look at all the CRA's?

Also, i've been a bit slow to be honest and have chose to sit and wait rather than report anything to any bodies, I think its been long enough and i've sent enough friendly letters. Problem is, although through reading other threads I know I should complain to the OFT, and trading standards, is there anyone else, and how much info should I be passing on?

Thanks

[johnnymitch]

There are three main credit reference agencies compiling info on us; Equifax, Experian and Callcredit.

 

I think HSBC use Experian, but might be as well to check the other two , just in case ....

 

As for the other matter ..... I'd be inclined to report them to the Information Commissioner for non- compliance .... I think FOS are reluctant to get involved with CCAs .....

 

Information Commissioner's Office - ICO

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

You can speak to the ICO on the phone first and they'll advise you how to proceed ......... then you can tell Anne Gartshore that you have reported it , 'in case she wishes to re think about complying with the Data Protection Act ....... "

[Hugh Jeffort]

Thanks again Johnny, i'll get right on it!!

[pabrmu]

Hi Hugh,

I'm afraid that you are going to have to put up with having an adverse credit rating as it is all geared their way,no matter what the law says.

If you are willing to put up with this, and to be honest, the only way to avoid it is to give in to them and pay up, then start treating it as a game and don't let the ba***rds wear you down.

When they phone, don't answer their security questions and they then can't continue with the call.

It is my belief that they haven't got the correct cca, so satisfy yourself that for all their threats and bluster, they will not be able to do anything about it and will eventually try and chase up less informed folk.

If by some miracle, they come up with a correct agreement, which they wont, there are plenty of people on this great forum that will help you prepare a defence.

Good luck mate.

Pat

[johnnymitch]

Hi hugh ,

 

I would have to disagree slightly with Pat there (sorry Pat:))....... whilst it is very difficult to have a default record /adverse credit rating removed , it is not impossible , especially if you can prove that you wouldn't have had one if the bank had played by the rules ...

 

The rest of Pat's advice holds good ..... you've got to get them to admit they can't produce the CCA you're looking for .....

 

 

There are one or two links on this , but I think you need to first check if you actually have been defaulted by checking with the CRA(s). If you haven't , it's academic at this stage ...... if you have come back and we'll try to help you further ..........

[Hugh Jeffort]

Hi again,

 

Right, signed up to Experian and it shows that Marbles have marked down late payments for the last 6 months, no sign of a default yet, even though they threatened it the other month! Question is should I be contesting the late payment marks as while in dispute i'm not at liberty to offer any payment. I looked at the experian help for inaccurate info and they say contact your lender, no mention of any notes to the account!!

[Castlebest]

Hiya Hugh, yes you should be telling Marbles that they a'rnt allowed to process your information while the account is in dispute.

 

You can try writing to the CRA's but they wont remove any adverse comments without the bank telling them to . When I wrote to them I only had a response from Experian who did put an marker on my file saying the information was disputed and contacted the bank too.

 

pete

[Hugh Jeffort]

Thanks Pete, I'll draft something up and send to the CRA's too, wont hurt although i'm sure your right and they'll just ignore them.

Just out of curiosity, Marbles have insinuated that they may accept a reduced amount to settle the account! What would be a suitable F&F for £2200 debt, actually more like £2800 now with the charges and interest since I stopped paying.

Thanks

[Hugh Jeffort]

Received another letter from Marbles the other day...............

 

 

I have written Matthew Ball about 8 times as well as countless letters to Anne Gartstone and have not even been acknowledged.

 

Has anyone any ideas how to proceed next? Is this yet another threatening letter or should I be returning the cards?

 

Thanks guys

[johnnymitch]

Have you reported them to ICO yet hugh ? if not it may be time to do so , and tell Marbles you've done it ... that the account is in dispute and they can't close it, default you or take any action against you until they have produced the CCA .

 

The alternative is to wait and see if they follow through with the Default (they left it a long time since August ) and if they do take them to court to have it removed .

 

Leave them in no doubt that you will take legal action to protect your Credit Rating . Or you could invite them to take legal action against you so you could have your day in court at their expense ....I can't see them going down that road if they can't produce the CCA.

[johnnymitch]

This may also be of interest Hugh , should you wish to quote the relevent part to them ...... (the bold font is mine ) :

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

[Hugh Jeffort]

Hi all,

 

To be honest I have sat on this for a bit now as i've been having developments in my MBNA fight which is not going too well.

 

Is there any chance one or two of you could take a look and give your opinion on my next course of action?

 

http://www.consumeractiongroup.co.uk/forum/mbna/182506-hughs-mbna-cca.html

 

I appreciate any help or guidance, I thought I wasn't doing too well at the Marbles claim now this is biting my arse!!

[Hugh Jeffort]

Have an update today, received a letter from 1st credit in Reigate requesting the full balance............will scan tonight at work and get it posted asap, it is just a normal 'Our client has instructed us to reclaim the above debt...........blah blah blah'

 

Interestingly the name of the debtor is HFC?????

Have HBOS passed it back and actually acted on one of my letters?

[johnnymitch]

there you go hugh ... try this 1st Credit with this one : (suitably amended . )

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since [DATE] . Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[Hugh Jeffort]

Thanks Johnny, will be in the post recorded first thing tommorrow!!

[findingthecheese]

Hi Hugh!

 

Following with great interest - keep up the good work!

 

I'm about to take on these clowns as they've pushed me to the edge of sanity - they ignore written correspondence and dmp agreements, add interest when it suits them and are slippery as eels. I'm about to CCA and SAR them - not what I wanted to be doing over the Christmas break, but I'm so incensed I have to put pen to paper.

 

Thank you for your informative and helpful thread.

 

ftc.

[Hugh Jeffort]

No probs FTC, hope you had a good christmas anyway and didnt let these clowns get to you!

 

I'm just awaiting the next letter to drop on the mat, hopefully from 1st credit to say they are passing the info back!

 

The one thing that worries me is after all this stalling by them gives them ample time to forge an enforceable agreement. I know it seems defeatest but MBNA sent an application completely void of any of the prescribed terms then 10 months later sent a 'back side' to the application which low and behold had all the terms!! Im sure they wont have an original to produce in court but, after reading some other threads, judgements have been made on the strength of copies!

 

We will just have to wait and see......................Good luck to everyone in 2010, the end of 2009 has produced a few knocks for us (test case etc), lets start 2010 fighting!!!!!!!!!!!!!!!!!!!!!!!!!

[Hugh Jeffort]

Hi all, finally time for an update...............

Heard back from 1st credit two weeks ago, informing me they are passing my info back.......................

Yesterday I got a letter from Marbles again saying they will look into my complaint???????????

(After months of denial and a default, and closing the account)

Today I receive what they class as my credit card agreement, which consists of the signed application form and the terms and conditions on pages 2 to 4, as far as I can tell it has all the required info but I cant help being suspicious!!

I will scan and post tonight.

Any help will be appreciated on what to do next!!

[Hugh Jeffort]

As promised heres what ive now been sent...................

 

 

 

 

 

 

Any help or advice on a next step would be much appreciated!!

[ANDREAMOUR]

Its the same as my application form but Marbles were un-able to send me pages 2,3,4 of the T&Cs which made it un- Enforceable

As there is a direct link from the signed application to the T&Cs i believe it makes this enforceable..

 

Thats got me wondering now why they couldnt send me the T&Cs

 

 

[Hugh Jeffort]

They sent me the 1st page a year ago, been tring to get pages 2 to 4 ever since, they ignore all letters then almost out the blue send this!!

[ANDREAMOUR]

Looking through the T&Cs they look ok but i not an Expert.