General advice needed

[indebtstudent]

I do have a thread on this but its a bit long winded, bascially initially I wanted to pursue MBNA for the charges they have put on my mums credit card account for missed payments.

 

They never bothered to respone to the SAR and, some time later, it has ended up with a company who have passed it to solicitors and we have a court date at the county court in May.

 

I honestly believe the debt IS owed but they have ignored two request to explain the balance. This suggests to me the charges are more than a coupel of hundred pounds I first suspected.

 

Any ideas how to proceed? I can't see the value of going to court as, like I've said, the debt is owed and the only disagreement is the repayment leve and any charges.

 

My mothers only incoe is incapacitiy benefit and they say they won't accept less than £50/month.

[debt4get]

do not ignore any court papers that come and it is well worth while going to court

if you do recieve a court summons from them you can them get them to reveal all the papers they are going to rely on in court believe its called a cpr, this should give you the cca, charges, etc, and enable you to furnish a defence, remember if they obtain a ccj, they can then quite easily put a charge on the property and even force sale of house. also if they do take you to court and your mum can then put in an income sheet she should not have to pay more than a pound a month on her income

[debt4get]

you can send them this if you get court papers

 

Here is a letter for demanding information under the Civil Procedure Rules -

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have beed duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a County Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[IdaInFife]

If you sent a sar and 40 days have passed you can send them:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

Yours faithfully

 

ida x

[GamekeeperToPoacher]

Hi,

 

Important. Have you put in an acknowledgement of service?

 

When was the card taken out?

 

Have you CCA'd them?

 

GKTP