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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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I wrote to MBNA to request a copy of my credit agreement-No reply

After 30 days I wrote to them to advise them the account was in dispute-No reply

I then wrote to them asking them to cease processing my data and send me a statement of my account showing a balance of zero-No reply ,but started getting letters of breach of terms and conditions and phone calls on a daily basis.

Sent a letter of harassment by telephone and a letter to the Data controller asking for them to stop processing my data.

Have received a letter saying they are looking into the matter and will contact me by the 10th of August, however just received a letter this morning of a default notice. They have already registered with Experian 1 late payment. Where do I go with this now? Some advise please

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Any advice I give is honest and in good faith.:)

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I wrote to MBNA to request a copy of my credit agreement-No reply

After 30 days I wrote to them to advise them the account was in dispute-No reply

I then wrote to them asking them to cease processing my data and send me a statement of my account showing a balance of zero-No reply ,but started getting letters of breach of terms and conditions and phone calls on a daily basis.

Sent a letter of harassment by telephone and a letter to the Data controller asking for them to stop processing my data.

Have received a letter saying they are looking into the matter and will contact me by the 10th of August, however just received a letter this morning of a default notice. They have already registered with Experian 1 late payment. Where do I go with this now? Some advise please

 

 

You've done better than me! I've followed the identical path and 3 months on I haven't even had the 'we're looking into it' letter.

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Hi Scott

Yes I did, with no reply to that letter

Thanks

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Hi Meebroke

Have you had a default registered aganist you as yet?

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Hi Meebroke

Have you had a default registered aganist you as yet?

 

 

Nope, only a few letters threatening that my refusal to pay will lead to one.

 

Basically they completely igonre all of my letters (all send special/signed) and these form letters pass them on the way out.

 

I did have some moron from MBNA ring me at work the other day. In the conversation he mentioned that they 'were looking into my letters'. He also went on to say that no laws existed that could put the account into 'dispute'.

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I'm 1 step begind you, i have sent the dispute letter and had no reply. I was thinking of stopping payments to try and force a responce.

 

What do people think?

 

I'm not sure if i'm right but i was of the opinion that once i have sent the disput letter via recorded delivery to inform them my account is in dispute they are legally not allowed to post on my credit record or apply a default notice until the dispute is settled.

 

am i correct

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Hi Gambler627

that is what I have done, however a late payment has been registered on my experian credit file. That is why I am not sure what to do now.

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Is it worth while contacting the financial ombudsman to clarify if what they are doing is illegal, i'm sure i've been told that its illegal to reference or post to a credit file when the account is in dispute.

 

If any out there knows what the legal stand point is on this could they please post a reply.

 

Cheers

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Hi

From reading the note on the financial ombudsman it would seem that does not look to be a worthwhile route. Is the county court the only way to go now? Has someone been down this path? Some guidance would be appreciated

Thanks

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I have been down this same path and beyond. I sent an Account in Dispute letter to them mid May and have had no response. I SAR in early June nad got a response to only one account last week. They defaulted the account that they have so far failed to send any paperwork for at the end of June and then sent me a letter a week later telling me what they planned to do. I have been told that the second account will Default at the end of this month.

 

MBNA simply ignore all that does not suit their purpose and will literally railroad across you. I have complained to everybody about them and so far have had no success.

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Hi Coactum

did you complain to the financial ombudsman?

thanks

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Is it worth while contacting the financial ombudsman to clarify if what they are doing is illegal, i'm sure i've been told that its illegal to reference or post to a credit file when the account is in dispute.

 

If any out there knows what the legal stand point is on this could they please post a reply.

 

Cheers

 

unlawful dear boy, unlawful............not illegal its not criminal, its civil.

 

if the cca has not been met then cease payment.

 

MBNA are sadly a very hard nut to crack.

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Agreed that they should not record any adverse data when an account is in dispute but believe me they do and their defence is simply "dispute? we don't believe there is a dispute!"

 

I've complained to everyone. FSA say nothing to do with us. Still awaiting further response from Financial Ombudsman and Information Commissioners Office say they will contact me again once the case has been assigned.

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