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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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CCA - Help Required


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Hi All

 

On 1st April I CCA'd Monument, Barclaycard and Abbeycard (MBNA) and so far only Monument have replied

 

http://http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195742-monument-cca-help-please.html

 

I have a couple of questions regarding Barclaycard and Abbeycard

 

Since they haven't replied to my request do I put the account into dispute as its now 22 days since my request went to them.

 

Can I stop them updating my credit file with the agencies as I don't want to damage my Credit rating which is OK at moment - but monies getting tight just trying to protect myself.

 

Should I SAR Monument Barclaycard and Abbeycard at this point

 

At what point can I stop payments to them.

 

Many Thanks in advance

 

Squidward

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Once you have declared that you dispute the account, they are not supposed to;

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

However a lot carry on regardless & it can be a battle to stop them.

 

If you wish to dispute send the letter below;

 

 

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

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Hi alfwithhair

 

"What do intend to gain from a SAR at this early stage?"

 

I was hoping it may turn up some information as to why the interest rate has been hiked up to 29.9% when I have only missed one payment and that was brought up to date within 2 weeks - and why the account was withdrawn over 2 years ago and they have just sent a letter to say another interest increase to 34.9%

 

Doesn't seem to be a fair practice to me !

 

Rant over

 

Squidward

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Hi cerberusalert

 

Thanks for your reply - I most certainly be sending MBNA your letter.

 

If they do inform the Credit Reference Agencies while the account is in default/dispute what action can I take against them ?

 

I suppose if they do inform the CRA's then this would help my case if it got as far as court !

 

They seem a hard bunch of barstewards - do MBNA claims get as far as court ?

 

BR

 

Squidward

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Hi alfwithhair

 

"What do intend to gain from a SAR at this early stage?"

 

I was hoping it may turn up some information as to why the interest rate has been hiked up to 29.9% when I have only missed one payment and that was brought up to date within 2 weeks - and why the account was withdrawn over 2 years ago and they have just sent a letter to say another interest increase to 34.9%

 

Doesn't seem to be a fair practice to me !

 

Rant over

 

Squidward

 

Is this the Barclayshark or MBNA account?

 

If you were on a promotional interest rate, x% balance transfer for life or one the the many other promotional offer they run from time to time, by missing one payment you breach the conditions of the promotion and the intrest rate reverts immediately back to their standard rate. If it was cash advance using one of their promotional cheques the interest rate would climb ever higher is it is charged as cash advance if you breach the promotion by missing a payment.

 

A SAR should show when and why the account went over drawn and also show all the unlawful penalty charges the account has picked up over the years, along with anything else they have, including the agreement

 

It will cost £10 to make the request.

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If they do register data whilst the account is in dispute you have to complain to the regulators.

 

MBNA are a set tw@ts to deal with. Typical Americans who think they are above the law, fortunately it's British law that prevails here.

 

Have a look through the MBNA forum MBNA - The Consumer Forums

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If they do register data whilst the account is in dispute you have to complain to the regulators.

 

MBNA are a set tw@ts to deal with. Typical Americans who think they are above the law, fortunately it's British law that prevails here.

 

Have a look through the MBNA forum MBNA - The Consumer Forums

 

Thanks cerberusalert

 

I'll have a good read through the link....I take it you have had first hand experience with these tw@ts!

 

Squidward

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Hi Guys

 

While having a bit of a clear out I found this which is what I signed prior to them sending me the card this simply had a rear off strip at the bottom.

 

All I had to do so send it in!!!!!!

 

Perhaps this is why I haven't had a CCA back yet ! ?

 

Here's hoping

 

Squidwardscan0009.jpg

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Update - well today I sent MBNA the Account in dispute letter just a little over the 14 working days.

 

I still haven't had a reply to my original CCA request although I am not surprised going on what I have read on other MBNA threads.

 

I have read somewhere on the forums a 2nd Request which refers to them taking the £1.00 postal order and not supply the CCA - can anyone point me to it as I can't it.

 

I am also getting calls from a DCA called RMA working on behalf of MBNA should I send them a Account in dispute letter at this point or should I CCA them as well ?

 

MBNA haven't told me they transfered the debt to them.

 

Cheers

 

Squidward

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Send this to RMA;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***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 ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***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.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print name do not sign

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Hi cerberusalert

 

Thanks for the letter I will send that recorded delivery to RMA tomorrow, should I send a a copy to MBNA?

 

Should I send a 2nd request letter to MBNA asking for the CCA or is this Academic as the accounts in dispute now?

 

Cheers

 

Squidward

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Hi All

 

Just got my CCA Request back from Barclayshark, I am pretty sure this is not enforceable but I would just like a second opinion!

 

This was a Morgan Stanley card prior to Goldfish and Barclaycard, so I know it's not even the correct T&C's

nor an agreement!!

 

Cheers

 

Squidward

 

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Totally unenforceable. Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a copy of the terms & conditions which do not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

 

Yours,

Print name do not sign

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Hi cerberusalert

 

MBNA account sent letter in dispute on the 28th April and similar letter to RMA.

 

What should be my nest move if I haven't had a reply ?

 

Cheers

 

Squidward

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MBNA - update

 

Well today I received a letter from RMA reporting that "MBNA is unaware of any query or dispute and therefore request payment immediately"

 

I phoned RMA To reinforce that the account is most definitely in Dispute and MBNA are aware as they have received two letters which have both been signed for at the address there customer service rep had given me.

 

The question is should I do anything else at this point or wait ?

 

Squidward

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Hi cerberusalert

 

So I should send trading standards and the OFT this letter amended accordingly ?

 

Should I copy RMA and MBNA in on this

 

Cheers

 

Squidward

 

Dear Sir/Madam

 

 

Consumer Protection from Unfair Trading Regulations 2008 (CPUT)

 

Formal complaint against [Name of Debt Collection Agency here] for harassment

 

 

I am writing to complain under the above CPUT regulations. I am receiving persistent telephone calls from [DCA] in respect of a purported debt.

 

I have also received correspondence from them on the same matter.

 

I have written to the [DCA] and requested them to stop telephoning me as the calls are made at non-social hours and I am spoken to in a way which I find distressing and impolite. Despite this, the calls continue. I have logged the calls which I have received together with verbatim notes of the conversations which I have had. I enclose a copy of my log with this complaint. I am also enclosing a copy of the letter which I have sent to them asking them to stop telephoning me.

 

The situation has become so serious that I now avoid answering the telephone at all and this is interfering with my normal everyday life.

Although I agree that the [DCA] are entitled to take reasonable action to pursue a debt if they feel that there is an outstanding issue, I consider that the treatment to which I am currently being subjected is beyond what might be considered to be reasonable in the pursuit of a contractual obligation.

 

I notice that the [DCA] seem more prepared to carry out a campaign of harassment rather than to bring a legal action against me - which in my view would be the proper and reasonable course of conduct.

 

Clearly they are entitled to bring a legal action if they so wish.

 

I consider that [DCA] are operating an unfair commercial practice and it is for this reason that I am sending you this complaint.

 

 

I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.

 

 

Yours faithfully

 

 

 

sign the letter

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Have sent RMA a telephone Harassment letter,

 

In there letter they said MBNA have no record of the account being in dispute :rolleyes: should I send them a copy of the letters delivery records and my £1.00 postal order or should I just let things filter through from RMA.

 

Cheers

 

Squidward

 

Thanks for the Help so far :)

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Hi All

 

Today MBNA have had there 21 days since I put the account in dispute, to which there has been no reply except the usual begging letters from RMA asking for payment which has also gone quiet.

 

Whats is my next move do I complain to any of the financial bodies TS or is it just a case of sitting tight?:|

 

BR

 

Squidward

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