Is there a Justice for a Normal hardworking person?

[Hussy786]

Hi All

 

I am debit sank person and need help and advice and was advised by senior Forum members to start my won Thread so My Case related advice can be given.

First A short back ground I have taken out a credit card about 10 year ago and used it for emergiencies (car Breakdown Unexpected bills etc) as I have always been in low paid jobs. My Bank (Barclays) was also very kind to give me overdraft of 300 then500 and then £920 .

Cut the long story short as my income was lower than my necessities (believe me just know the word luxury never had it ) these debits kept mounting late payments charges overdraft failed payments you name it i had it all.

Now I have debits spiraling up to 27K with MBNA and Cap one 10k a piece

 

I have sent them CCA request yesterday and deadline expires on 24.07.09.

Meanwhile they are offering me Agreement Plan with frozen interest no further charges etc.

If I take the plan can i still screw them for unenforceable credit (too early to say as CCA still need to arrive and examined)

If I take settlement plan I cannot claim Unfair charges Fees noclaim against MBNA (mbna advisor said)

Is this true

I will keep you all updated as I need help and I am sure with your help I will have a new life as For last 3 years I have sleepless nights and so many times thought to kill myself.

I also have diabeties now always done two Jobs but never ever had Plus balance in My account

Help please

[Hussy786]

Hi Dx100uk

Thank you for your reply. To be honest since i found out this forum and helping people like yourself i have a new leaf of life and looking forforward a great help from you.

To be honest My disposable income is negative as well and that is why these debits have gone so high (all Bl***** charges) etc .

I have probably paid them twice the actual amount i have borrowed from them cos my miimum payments have been 200to 300 quid a month and my current statemnt from MBNA shows interset alone as £198.86 (34.9%)

I just had a call from cap one (6th today) and they aresending me expenditure/income form (this is going for last 10 days ) and I have spoken to 50 Indians already but they dont understand and i went mad and told one that this is harassment now as i have told you and waiting for paperwork I record these calls and make a compaint and he said Sir you know you cannot record calls

I said well I bloody can and I will and then he hung up on me lol

 

Any advice will always be appreciated

[Hussy786]

Hi Dx

 

Thank you for your reply again. So I should not fill in credit?expenditure form.

Based on CCA outcome then i need to wait till 24.07.09.

Yes I am truely honest I did not borrow that much and probably have paid them actual amount already.

Thank you for your continued guidance am really grateful .

[Hussy786]

Thank You so Much cerberusalert and The god mother

 

I am so grateful for your help. At the moment I am waiting For CCA (deadline finishes on 24.07.09) .

I have received income/expenditure forms from MBNA and Capital One so they can put me on Arrangment.

I was advised here not to bother with that as yet. Yesterday I received 3 calls from Capital one From indian call centre(indians bloody work on sundays too ) I refused to confirm my personal details date of birth etc and told them I have spoken to you in details alreday have made three £10 token payments in one month alone as they keep ringing me.and when i said o them that i have made three £10 token payments they said token payments are not supposed to be once a month i can make token payment everyweek (That cannot be true or is it/??)

MBNA threatend to pass the account to DCA and when i told the guy that you be selling my account to DCA for 4p why not get a tenner or even £100 from me rather than selling it for 4p and he said i caanot answer this question sir,

Any Thoughts while I am waiting for CCA s

Best Regards

[Hussy786]

Hi Dpick

Thank you for valuable information. If some DCA Takes over my Debit same rules will apply for them????????/

Capital one has called me 3 times already this morning I simply did not pick the phone as I am at work lol

[Hussy786]

Hi The Godmother

Thank you for your help. They are just phoning and On other day I have said I am going to record these calls and they hung up.

They have sent me expenditure/income form shall i fill in?????//

The CCA request has been made to them and deadline is 24.07.09.

I have not sent that by recorded delivery but got a receipt of PO and proof of posting with their address on it Is it sufficent?

[Hussy786]

Hi DX

 

Thank you for advsing me this again lol you really are encouraging but as I am not an educated person and English is my 5th language , I do get worried when they right threatning letters , Although I am making token payments to Cap 1 and MBNA but my credit file has changes every week.

Thank you

[Hussy786]

The God Mother

Thank you for your valuable advice I am so grateful for continued guidance and it has made me feel that i am not alone in this fight.

 

Dx

 

You are like a Boxing coach so encouraging and making me feel alive and brave

I am so grateful for all of you.

[Hussy786]

Hi Silly GIRL

 

:DAs far as the calls go why not answer them in a foreign language, keep repeating "I do not speak English" or "My grandmother has two wooden legs" and they soon give up. I use Japanese myself...

 

 

I even swore them in Indian but that did not work. lol

 

I am at work and my phone has tickeld( on a viberate of course at work )me 6 times already Today (4MBNA s 2 Cap1 calls)

 

I dont even bother to pick up now. MBNA even got sheffiled number so if you call that it goes to INdia.

They email me yesterday as well but when you reply back to email you get email thrown back to your face in 5 seconds as server says this email address dont exist ( are not they breaking the laws ? there free numbers cost fortunes from mobile as everyone not sitting at home these days to use land lines and if you managed to get home before 9pm or call there 24 hour service the call bound to go to India where you need to explain from scratch and speak so loud that neighbour would think how on earth this single bloke arguing with at midnight

[Hussy786]

Hi All

 

Just 2 days to go since CCA request deadline runs out. I have complete silence from MBNA and Cap 1 no phone calls nothing. is it good or it is silence before storm?

Although they are doing my Credit file as I receive alert from Experian every week.

They have received token payments and we are in negociation about debits so are they still allowed to paint my credit file?

If i am luck to go onto unenforced credit victory stand will they have to remove these from my credit file?

Any one please?

[Hussy786]

HI Vint1954

 

I am about to send them But MBNA called yesterday and they say they are allowed 21 days to respond first they say they have not recived and then they said they received the request on 20th July (I sent on 10th) and MBNA chap said from the date we receive then 21 days and then goes our deadlin expires on 31st July/ (20th July to 31 July =21 days ....MBNA counting ).

Cap 1 said they cannot find the account number of mine in their system and i was asked to cntact ASAP.

(They sending me statments for last 7 years cannot they find my account number using my address and postcode? )

Well Both ringing me and asking me to enter into some agreement (65quid a month with no interest charges and other charges)

Both are pushing me to enter into agreement.

What you please advise i got the feeling that the want to trap me in that agreement . at the moment I am resisting. sometime they are assertive but try to pretend friendly and helpful.

I am terribly confused , Are they both bluffing as i cannot remember anything been signed by me.

They threatening DCAs CCJS etc.

Please advise?

shall i request SAR as well?

 

Waiting

[Hussy786]

Total Rubbish. They are allowed 12 working days + 2 days for postage. They do try it on. Did you send it recorded delivery? Thier time is up tomorrow

I send them and obtained the proof of posting and the guy admitted that they have recived it on the 20.07.09.

Nest correspondance will be sent by recorded delivery.

 

Thank you so much Vint 1954 I am so greatful.

Coatcum thanks a lot for your help too.

And does this

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any manner.

 

Does above 5 points cover Subject access request?

Do I need to send them For Sar as separatetely

Thank you so much

[Hussy786]

Hi again

 

I need to send that to capital one as well

what is their address?

same as where i sent CCA request?

[Hussy786]

Thank you so Much for your kind guidance.

I will do exactly as you advised.

Letter will be posted tomorrow as i couldnt do it this morning because of work.

I will keep you posted all the time.

Thank you sir