CCA and MINT (RBS)

[Undercover-Elsa]

Hi Shanidev,

I agree with Lily and PGH. I am familiar with the type of response you got to your CCA request- it's just a generic printout, the absolute minimum they are allowed to send under the act. Basically it usually means they no longer have a signed copy of the agreement.

You've still got plenty of options left.

Did they also send a statement of account? Until they do the CCA is still unfulfilled.

Did you ever receive a Default Notice? If so could you post it up on here.

Are there likely to have been unfair charges on the account? If so they can be claimed back.(Usually the backup step if they have an enforceable CCA)

If they ever did take you to Court, if you disputed the claim it would be transferred to your nearest Court, so you wouldn't have to go to Hull anyway.

Best case scenario is to force them to admit no CCA and back down before court.

If it was me I'd send off a Subject Access Request, see what that brings up. Downside is it costs £10 .

 

Alternatively (or as well as the SAR) if you're concerned about the standard letter format. you could try a more direct, guileless approach on the lines of:

I am most distressed that you continue to flout OFT debt collection guideless whilst failing to demonstrate that you have any right to pursue me for this debt. The alleged agreement you have sent in response to my CCA request is clearly a generic computer printout. Having taken legal advice I am aware, but disappointed, that you have chosen to send the minimum you are required to send in response to my request.

I note that you repeatedly threaten legal action. Any such claim will be vigorously defended. As I am sure you are aware, in order to enforce any agreement you would be required to produce the original signed copy of the agreement in Court.

I therefore respectfully suggest that in order to resolve this matter as speedily and openly as possible, without wasting valuable Court time, you either supply me with a copy of the original signed agreement or a signed statement to the effect that you do not have one.

I regret I am not prepared to make any further payments to this account until or unless you demonstrate my liability to do so as requested above. Until this time the account remains in dispute.

 

Amend to suit,

Hope this helps, or gives you more options to consider,

Keep your chin up

Elsa x

[Shanidev]

What the hell. I will bite the bullet and send the standard template letter. Have I got the right letter, though ?? if someone can check. Don't know why but my heartbeat goes up with paranoia each time I have to do anything with these people. I am out of regular job and stopped signing because with my occasional temp work I was ending up paying out of my pocket being on the dole due to their silly rules.

 

""""Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter. """"

[Shanidev]

I have not yet sent Subject Access Request. can I still mention it in 'Account in Dispute' letter to Wescot. Pardon me for being thick. I have decided to fight but legalese is proving little difficult.

[Shanidev]

I have now received the CCA. Statement is asking for 20% of outstanding amount but last week I received letter saying they could no longer accept £1 and demanded 2.5% minimum monthly payment and I am struggle for even £1.

 

Can someone look at their response to CCA please and guide me to the next response. (I have removed personal info as far much as I noticed. please let me know if if you find any still in there)

 

Thanks and Regards.

Edited July 11, 2009 by Shanidev
attachment removed - report corrupt file

[2Grumpy]

Even if the CCA is enforceable, if all you can afford is £1.00 then that is all you should be paying. That is all that a court would award them if they went for a CCJ.

 

They will bully & bluster, but stick to your guns

 

Don't give them more information than you have to.

 

Don't give them your phone number

 

Send the telephone harassment letter if they do call you.

 

They will often say that you have to reply in 7 days, when the letter took 6 days to reach you! That's to try to get you to phone.

 

If the CCA is unenforceable, they can expect even less.

[Shanidev]

Can someone be kind enough to look through Mint's response to my CCA (had difficulties uploading it earlier) and see if it is enforceable. My signature appears on what is labled application.

 

Also, it would be nice if someone can suggest as to what response to send.

 

Thanks and Regards

[PGH7447]

file is corrupt, it wont open on my PC

[Blondmusic]

Try scanning the CCA into your computer then upload using Photobucket (which is free).

[Shanidev]

Thanks for trying. Not sure what I am doing - first time with photobucket.

 

Here is the link.

 

Not sure if it the kosher way of doing it.

 

Thanks once again.

Edited August 4, 2009 by Shanidev
ReDid link

[PGH7447]

nice application form, although it does have the T&C's

 

also they have applied the £1 fee to the account, so if you have not paid anything for 6 years they are trying to say you now have!!

[Shanidev]

In case resolution proves iffy on photobucket, I have recreated pdf file, optimised for web viewing on Acrobat 5 or later. Hope it works. Keeping fingers crossed.

 

£1 applied to the account - could it be the one I pay by standing order the one I set as postal order!!

rbs_mint.pdf

[Shanidev]

Any chance of some kind soul being nice enough to check if RBS's response to my request for CCA is kosher.

 

Thanks and Regards, Pravesh

[Shanidev]

AA sent response to my Account in dispute. They say they only have to produce signed copy if they were taking legal action and maintain that they have sent all that they are required to send. What next.

aa_dis_cca.pdf

[PGH7447]

on page 6 they send you a replcement card, when was this and did you use it?

[PGH7447]

write back and thank them, for their letter and that you consider this account is in dispute, then sit back and start the waiting game

[Shanidev]

Sorry for the late response PGH7447. I tried to look for the letter that came with the card. They don't put dates on.

 

It is possible that I transferred some balance from my wife's card onto it. So, yes I suppose I may have used it. Not quite sure. Does that mean I am screwed

[Shanidev]

Sent Account in dispute letter, haven't cancelled £1/month standing order yet. Still no CCA but received this letter this week. Phone pestering has increased. Should I respond or just wait for their response.

mbna_lg.pdf

[cerberusalert]

Send them this;

 

ACCOUNT IN SERIOUS 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 MBNA 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 & CPUTR 2008

 

 

As MBNA 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.

 

 

If MBNA 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

[Shanidev]

This has gone quiet. Is this a lull before storm!!

 

Perhaps someone could have a quick look at what they have sent in response to my cca request.

 

Thanks, Shanidev

[Shanidev]

Hi All,

 

I have a joint accounts with my partner: one with Lloyds and the other with Barclays. I sent an SAR to both of them about 3 months ago.

 

Barclays wanted me to send them another PO for £10 if I wanted details on both names. This I did not and they have sent about inch and a half of computer printout. Lloyds did not ask for another £10 and they have sent similar printout.

 

Also, I being chased by RMA and BLS respectively. Both threatening legal action.

 

I have two questions:

 

1) How do I respond to RMA and BLS.

2) What do I look for in SAR - around 40% or more of the debt is composed of penalties for going over, cheques not honoured and so on.

 

Thanks in advance.

[2Grumpy]

Find the complex bank charges spreadsheet

 

You will need the following details to put in the spreadsheet (from the first unfair charge)

 

for charges

Date & charge amount

 

for interest after the first charge was aplied

Interest date, interest amount, balance

 

That will show the total that you can claim

 

You will also charge 8% statutory interest that the spreadsheet will also work out for you

[Shanidev]

Hi PGH7447,

 

I wrote back saying the Account is in dispute and after long wait they have written back saying they have sent all that they have to and even if the account is in dispute they can carry on with collections and reporting to Credit ref agencies.

 

Also, Wescot is chasing me and have sent me the solicitor's letter asking me to call Wescot to pay or they will advise their client to take legal action.

 

What next!!

AA_FR.pdf

[PGH7447]

Now you request their complaints procedure (AA)

 

and you send westcr*p this letter

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

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 creditor/DCA** and has been since DATE 2007. 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

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/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 creditor/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

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

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully

[Shanidev]

Thanks PGH7447 for your response. They have made statement (on page 2 of the letter) to the effect that it is bank's final response and that if I am unhappy with their response I can contact the Ombudsman within 6 months. Where do I stand in this case.

[Shanidev]

Well, I sent letter 'account in dispute' on 23rd July 2009 stating that as I have not received response to my cca request account entered 'default' on 1st June 2009.

 

Nothing happened other than normal statements and I kept up £1/month payment. Then in Sep 2009 I received letter from MBNA demanding full payment but the account no. on the letter bore no resemblance to my account/card number other than the first 4 digits.

 

Then I received a letter from 'Experto Credite', using the same wrong a/c no., asking me to contact them and the very next day I received copy of my application to MBNA and latest terms and conditions and statement for Sep. This has the right account no.

I have uploaded these in the following location:

 

mbna_ec pictures by My_Show - Photobucket

 

Stuff I received from 'Experto Credite' is labeled ec_pageN

 

Can someone be kind enough to have a look at these pages and tell me how I should respond to MBNA and 'Experto Credite'. I don't have the means or the stomach to take anyone to court or anything. I really want to spend my time improving my cash flow.

 

Thanks in advance, Shanidev