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Can anyone clarify this?


Alchymist
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I have credit cards with MBNA and Halifax. I have had these since the late 90's. I recently DSAR'd both banks, with the intention of pursuing the PPI issue, and both responded with reams of paperwork.

 

On inspection of the paperwork, neither bank has provided a copy of a valid credit agreement. Both have been able to produce a copy of the original application from, but I presume I am right in thinking that this does not constitute a credit agreement. They certainly don't contain the prescribed terms!

 

Do I assume, from the response to the DSAR, that they do not possess the document. Or do I need to CCA them anyway, for clarification on the matter?

 

Assuming they are still unable to produce valid credit agreements, and I put the accounts into dispute, can I use the mis-sold PPI issue to back up my case? Also, are there any useful legal precedents, specific to either of these organisations that might be useful?

 

This issue has the potential to wipe out over 60% of my debt, so a donation will most certainly be forthcoming if a resolution is reached!

PPI successes to date:

 

Northern Rock £437.19

 

One down and four to go........

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Hi

 

Dont place the account in dispute if you wish to claim back the PPI.What grounds are you thinking of using for the claim?

 

Regards

 

Andy

 

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well it matters not if they do / don't have a valid CCA for you to reclaim the PPI, so proceed on those fronts.

 

for £1 each i'd CCA them anyhow, then when they fail, you can offer them a very small portion of the outstanding, they take it or go swing !!

 

have a read in the MBNA forum, you will see an MBNA CCA is as rare as hens teeth!

 

don't forget the halifax forum too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks.

 

My original plan was to go for the PPI claim, on the basis that I have a pre-existing medical condition and I have never been asked about my health by either organisation. When I attempted to cancel my PPI with MBNA a couple of years ago, they were very pushy, and persuaded me that I needed health cover as a minimum -again, they asked no questions!

 

I am now more interested in the invalid credit agreements. I stand to gain a lot more from a financial perspective if I pursue this. I am almost certain neither bank will produce one, chiefly because I don't recall ever signing one and I have a good memory for things like that.

 

I think I will CCA them, and see what happens. I notice that a lot of advice here suggests that such letters should not be signed. Why is this? Do the banks have a track record of faking signatures?

PPI successes to date:

 

Northern Rock £437.19

 

One down and four to go........

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Is the PPI worth more than the debt outstanding?

 

You have to be carefull with signitures they are easly transfered to incomplete CCAs if you understand what i mean.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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The outstanding debt is worth much more than the PPI claim would be.

 

An interesting point about the signatures though. My signature has changed beyond recognition since I signed the application form. I imagine if a CCA claiming to be from 1997, were to appear, bearing my signature from 2009 -it would raise a few eyebrows?

PPI successes to date:

 

Northern Rock £437.19

 

One down and four to go........

Link to post
Share on other sites

Thanks.

 

My original plan was to go for the PPI claim, on the basis that I have a pre-existing medical condition and I have never been asked about my health by either organisation. When I attempted to cancel my PPI with MBNA a couple of years ago, they were very pushy, and persuaded me that I needed health cover as a minimum -again, they asked no questions!

 

I am now more interested in the invalid credit agreements. I stand to gain a lot more from a financial perspective if I pursue this. I am almost certain neither bank will produce one, chiefly because I don't recall ever signing one and I have a good memory for things like that.

 

I think I will CCA them, and see what happens. I notice that a lot of advice here suggests that such letters should not be signed. Why is this? Do the banks have a track record of faking signatures?

 

but is doesn't make the debt go away

it just means they cannot enforce it till a CCA turns up.

that could be a big blow in the future

i'd reclaim the PPI + int +stat 8% [use the calculator in the stickies]

 

then IF the CCA's turnout unenforceable, offer a very low F+F to close the matter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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