I sent the letter to dispute the account and it is ignored what next

[Magman]

I have used one of dpick's letters to ask both citi card and MBNA to cease using my information and zero my account alst that I wished to put the account in dispute, as neither sent me the origional signed contract. since then I have received phone calls and letters threatening to report defaults on the accounts so I suppose the question is does any one know what to do next. all advice gratefullu received

[maroondevo52]

Hello and Welcome, Magman.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[Magman]

Thanks maroondevo52

 

How do I get there?

The problem with being a newbe.

I suppose I mean were are you moving this to.

 

Regards

Magman

[silverfox1961]

Hi,

Just carry on posting as normal. You won't notice that your thread has moved.

 

Anyway, just because they cannot supply you with a copy of your agreement doesn't mean that the debt doesn't exist and as such they are entitled to carry on reporting this to the Credit Reference Agencies so long as the data is accurate.

If you are finding the calls harassing, you can send em a letter to stop (whether they will or not is another matter)

[Magman]

Silverfox Really appreciate this reply.

 

This is simply a query if there is no signed agreement.

 

Does this not mean.

1. MBNA & CITI's terms and conditions were never agreed?
   
2. MBNA & CITI has no right to report personal information?
   
3. MBNA & CITI have No right to apply intrest and charges?
   
4. MBNA & CITI,s statement is incorrect?
   
5. Do I have the right to dispute the account?
   
6. How are these situations brought to an end?
   
7. Should I just keep paying minimum payment?
   

Regards

 

Magman

[harrassed senior]

Silverfox Really appreciate this reply.

 

This is simply a query if there is no signed agreement.

 

Does this not mean.

1. MBNA & CITI's terms and conditions were never agreed?
   
2. MBNA & CITI has no right to report personal information?
   
3. MBNA & CITI have No right to apply intrest and charges?
   
4. MBNA & CITI,s statement is incorrect?
   
5. Do I have the right to dispute the account?
   
6. How are these situations brought to an end?
   
7. Should I just keep paying minimum payment?
   

Regards

 

Magman

 

1. Maybe, but they will quote that although the Agreement is unenforceable in Court, it does/did exist.

2 Same answer

3. Well, they can apply what they like, whether you pay is your decision.

4. In what way?

5. Yes

6. When they become SB after 6 years (5 in Scotland)

7. Your choice.

[Magman]

Thanks harrassed senior.

 

I am new to all this, I am trying to assertain the legal stance as to when intrest and charges can be reclaimed from the banks.

Correct me if I am wrong, were an agreement is not properly executed can intrest and charges be reclaimed?

If this is the case then the statement must be incorrect

Following the same logic I did not sign the agreement, there for did not sign to accept the terms and conditions, nor did I sign any thing to allow them to pass on any personal information to a third party for any reason.

Have I missunderstood this situation.

 

How have other people managed to get these situations cleared up, or have they all waited the 6 or 5 years respectavely.

 

All advice gratefully accepted.

 

Regards

 

Magman

 

 

[harrassed senior]

You say you signed nothing, when did you take these accounts out, was it online.

[debt4get]

if the agreement is not properly executed the best you can hope for is that it cannot be enforced in court...it will not stop them trashing your credit file or adding charges/interest to the account..mostly people have just waited out the 5/6 years until they are statute barred and fall off your credit file....you have to remember that you did in fact have the money/goods or whatever...the debt doesn't just miraculously go away because the agreement is not sound..and i think you would have a hard time arguing that line in court

[Magman]

Thanks dept4get

 

If I read this correctely.

The companies that every one on this forum write about, that can resolve such issues, the replys which say, you can do this your self are just so much hot air chattering? The truth is if the card company have a signed copy they will take you to court and win and if not destroy your rep 6 years later the case will be SB as simple as that. The letterrs etc are just hot air if I have understood correctly you just stop paying and tuf it out or keep paying and suffer?

 

Regards

 

Magman

 

So I should just keep paying the minumum, sounds nasty. I really cant afford my credit rating trashed I have enough problems as it is.

[Magman]

Thanks harrassed senior.

 

No these were not applied for on line and are 10 Years old. I was working at a trade show these companies were promoting cards, I filled out the forms but did not sign any, I dont sign anything at such shows nor do I buy any thing as this is always a dangerous situation to make any purchasing decision.

It is a copy of this unsigned form which MBNA sent as the agreement. Citi card have sent nothing.

 

Regards

 

Magman

[debt4get]

pay or dont pay they will still record the default against you unless you pay the amount they ask for...myself i dont care about my credit rating as i have learnt my lesson...no credit again whatever..if i want something i save for it and wait till i can afford it end of...even if they have an agreement doesnt necessarily equal a court case...why they pursue to court is for a number of reasons known only to themselves...there doesnt particularly seem to be any criteria i can work out that they work on