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cupcake68

Cupcake Vs Mbna (him)

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Yes, for the same reasons as the other one


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi Steven

 

Thanks for replying.

 

Does that mean this one is too? http://www.consumeractiongroup.co.uk/forum/general-debt-issues/194039-cupcake68-virgin-2.html

 

You will see from the thread that I was under the impression it's not but now obviously I'm beginning to wonder!

 

Thanks

 

CC68

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Yes that Virgin one is identical to this one and enforceable for the same reasons IMO


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks again Steven.

 

Obviously I appreciate this site enormously because without it I don't know where I would be but I am now really concerned about what I have read (and thought I had learnt) from it.

 

I am now really worried that I have taken advice and it's not nesessarily correct and also read other posts that have been incorrect!

 

CC68

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Have a look at the link in my signature about the enforceability of agreements - hopefully all is explained there.

 

Have you acted on advice you now doubt?


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Yes I think I may have!

 

My trouble is I did not know about any of this four months ago. Because of my situation I have had to do 30 CCA's at the same time and I am both desperate to find a solution to it all but equally terrified of making my situation worse!

 

I know doubt what I have been told and what I have learnt and think maybe I have just made everything worse!

 

Maybe I'll be a bit more positive tomorrrow!

 

Sorry!

 

CC68

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Perhaps you can give a quick resume of your situation, what you have asked for and what you have done with it. A fresh pair of eye may see things more clearly

 

I know you have several threads - normally we advise this as people with experience of different companies can help. From the sound of it, though, in your case an overview of the whole may be helpful.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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We have a very nasty 2nd charge on our property, not only high interest rate but also particularly difficult terms and conditions.

 

These include having the right to withdraw the loan if we come to an agreement with our creditors!

 

We also have a very high outstanding debt on our credit cards 30 cards in total.

 

Therefore after being offered (the rankines co) to sell my credit card debts (which sounded really dodgey!) I found this site which opened my eyes to the unenforceability issues of many older cards (which most of ours are) I requested a copy of all our cards CCA's in March.

 

We had never missed a payment before then but were unable to make the minimum payments required in March.

 

Of all the CCA's we've had back and all the fantastic advice I have been given so far we have been advised that only 2 of them are enforceable.

 

I have had several DN during the last few weeks all of which I have been advised are defective in one way or another.

 

I have been very careful to keep all the files seperate to try not confuse things but I am still very unsure about whether I have grasped things correctly so have been relying on kind offers of advice on each thread and have followed the advice to the letter.

 

After posting these two MBNA ones today and you telling me this one (I did think the other might have had all the necessary on it) I have come to doubt all the other advice I have taken.

 

I feel really bad because this site is all about people teaching each other but I now don't really know which way to turn again!

 

Thanks for your time

 

CC68

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THanks for that.

 

I will give you some simple tests to apply to your agreements to check the enforceability, and then something about DNs.

 

Agreements

 

Firstly, we distinguish between what constitutes a valid reply to a request under s78(1), what constitutes a properly executed agreement and what constitues an enforceable agreement - and people often get these 3 things confused.

 

However, there is a 'bottom line' defined in s127 of the CCA 1974. To be enforceable, an agreement must consist of a single document, which contains your signature and the prescribed terms and your right to cancel. For a credit card the prescribed terms are a statement about the credit limit, a statement about repayment terms and a statement about the interest rate.

 

If any of these conditions is not met, the agreement is not enforceable.

 

All these requirements are laid down in h the CCA 1974 and associated regulations and cannot be varied. The main question is about what does a single document mean? IMO it means a single piece of paper, maybe double-sided. Often a copy will actually be two pieces of paper (a copy of each side) - I think a court would say this was a single document if the balance of probabilities was that the two pieces of paper belonged together. Normally, this is fairly obvious. For example, if they are not the same size, then the balance of probabilities is that they do not belong together, and so on.

 

DNs

 

The wording and layout of DNs is laid down in great detail in the regulations. Where creditors get it wrong are mainly (but not always) in one of 4 areas:

 

1. the get the amount of the debt wrong

 

2. they don't properly spell out the breach of the agreement that you are supposed to have committed

 

2. they don't allow 14 clear days for the breach to be remedied. Usually, they forget that the law says that a notice is deemed served on the second working day after it is posted and they have to allow 14 days after that. So they will post it on a Friday, forgetting that it is not then deemed served until the Tuesday or they will say something like "fourteen days from the date of this notice"

 

3. They give the remedial action as "repayment of the sum in full" - they are only allowed to demand full repayment if they terminate the account and they are only allowed to do that if the breach is not remedied within 14 days - circular argument

 

Hope this helps


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks Steven

 

I will take a look at each agreement tomorrow when I am in a better mood!! and try to define what is wrong with each one.

 

Your help is really appreciated

 

CC68

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Hi Cupcake,

 

I have been reading your thread with interest as I too am trying to get straight with my CC's. Have CCA'd some and MBNA not replied at all so I have stopped payments from this month (last thing I wanted to do but when you get to the stage when there is more month than money it becomes difficult!)

 

I have found that the process of going this way can be very wearing at times, then I read more threads and it gives me a boost to carry on. So don't let it get you down.

 

There is such a lot of information here to help and it does at times seem very daunting remembering what is, or appears to be correct and how to proceed.

 

The post that Steven has just done breaks it down into more simple terms which is so helpful for anyone trying to make sense of it all.

 

Good luck Cupcake and Thank you Steven.

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Hi Dotty

 

Thanks so much for your words of support.

 

I was having a bad day on Monday. I totally appreciate how wonderful this site is and everyone's advice has been truly valued. I am just still very new to all this legal stuff and find it very hard to keep up and when I get conflicting advice I panic!

 

I will get sorted in the end.

 

Good luck to you and thanks again

 

Cupcake

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Cupcake, i am in very similar situation to you trying to sort our several CCA's with about 4 CC company's MBNA is the one you will struggle with or that is my personnel experience. They not keen to supply me with anything i have requested how long before you got your CCA from them. It is all very daunting when you discover this site i have been reading and learning for about 3 weeks now and although ive had few scary moments im determined to plod on and hopefully sort my life out very soon. I wish you the very best of luck, only persue actions that make you feel comfortable.

 

Angmarie

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Hi

 

I CCA'd them in March on 3 seperate accounts and they have all been sent within the last couple of weeks!

 

I'm not sure what I should do about them but as I cannot afford to pay them I thought I would be awkward and write back saying you have admitted in your covering letter that they aren't clear and the rules state it must be clear therefore I consider the account to be unenforceable and see what they do next.

 

Good luck!

 

Cupcake

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Hi Cupcake, so they sent the required original ageement when did you open account please, did it bear your signature and was it legible.

 

Are you saying that they complied with your request, you could always request SAR and try and get charges/interest refund.

 

 

Ang

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The accounts are all pre 2007 and I have different opinions as to their enforceability.

 

They have now sent all three CCA's but only within the last couple of weeks so it took them three months to find!

 

They admit in the leter they sent with each CCA that "it's not very clear" so I am just trying my luck really now to give myself some more time.

 

As for charges and interest, I have never missed a payment until March this year so I have only ever been charged their (extortionate) rate of interest which I don't believe I can do anything about.

 

I am concerned about these accounts because not only have their interest rates doubled from 18 to 35% their minimum monthly payments are one of the highest I've ever known!

 

Cupcake

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Cupcake, this is where they hit you hubby's interest doubled some 16 months ago and his account has snowballed ever since. I think you can ask them to freeze interest tho ask some one more experienced first please. Also why did you wait 3 months for the CCA

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I requested the CCA in March and then put the account into dispute in April and they have carried on chasing me and adding charges since the but they didn't send the CCA until June!

 

Cupcake

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Cupcake, the way i understood was that if you are not provided with CCA within 14 days you put the account into dispute so they are not able to carry on adding charges/hefty interest. Thats the way i understand what i read anyway :|

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That is the way it's supposed to be but they seem to do what they like whatever the rules and we have to fight to get what's right!

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