Need Help Confronting Card companies

[Magman]

Hello Every one.

 

I really need help with the next stage, I sent a letter to tell the card companies they are in default for not sending me a copy of the original agreement, only to be ignored. When I asked for suggestions from fellow members most every suggestion seems to be tuff it out for six years. I need to be pro active in this and need help to report and enforce my rights etc of course it would help if I new my rights? I used one of dpicks letter which reads great the problem is i need to know the next step / steps.

 

Regards

 

Magman

[PGH7447]

If you have requested a CCA and the dealine has passed and then you have sent the account in dispute letter then there is nothing further to do until such times has they either send an agreement, sell your debt or assing your debt to a dca in which case you send the dispute letter again and wait 6 years, there is no quick fix, unless you have charges or ppi that you can claim back to settle the accounts, or you offer a full and final that they accept

 

once again there is no quick fix

[creditcardmug]

There are a few ways to go

1, i have correctly requested my CCA, but have received nothing within the timeframe

2. i have requested my CCA correctly, but have only received an application form, and maybe some T&Cs which are unrelated to it

3. i have requested my CCA correctly but, although it purports to be a valid agreement, it does not contain the "prescribed terms, my signature, my name/address, the companies signature, a box relating to a cancellable agreement....etc etc there are more i have missed out.

 

There are a few variations of a letter to send, if it does not comply for slightly different reasons

 

The bottom line is, for it to be enforceable in court, it must comply with the CCA, which i suggest you read from begining to end, and then get comments on it from here

[Magman]

Thanks every one your input is appreciated.

 

I have sent the letter disputing the account and telling them that this account must be frozen until such time as they produce a proper agreement, that they must not report nonpayments wile this account is in dispute, I am sure you all know this has been ignored, the question I need to know is how do I go about reporting the breaches described in the letter disputing the dept.

 

Regards

 

Magman

[creditcardmug]

OFT, TRADING STANDARDS, Financial Ombudsman service, wish you well in that, if you need addresses others will be on to help you

[Magman]

Sorry folks me again

 

What is a ppi and what can be claimed back from an incorrectly executed agreement.

How do I calculate this, how would I go about a full and final settlement offer.

 

Regards

 

Magman

[Magman]

Thanks for the reply

 

I feel I am listening but not hearing, or there seems to be an ear of sarcasm in the reply good luck with that I take it there is no point in reporting these breaches.

 

Regards

 

Magman

[diamondgirl]

Sorry folks me again

 

What is a ppi and what can be claimed back from an incorrectly executed agreement.

How do I calculate this, how would I go about a full and final settlement offer.

 

Regards

 

Magman

 

PPI is the payment protection insurance that most companies want you to take out in case you are out of work, sick etc., so that payments will continue. You need someone with the knowledge of ppi to help explain how to work it out, sorry but I'm nop good at that.

 

DG

[debt4get]

Hello Every one.

 

I really need help with the next stage, I sent a letter to tell the card companies they are in default for not sending me a copy of the original agreement, only to be ignored. When I asked for suggestions from fellow members most every suggestion seems to be tuff it out for six years. I need to be pro active in this and need help to report and enforce my rights etc of course it would help if I new my rights? I used one of dpicks letter which reads great the problem is i need to know the next step / steps.

 

Regards

 

Magman

what you are asking for is a quick fix..i am afraid there isnt one....enforcing your rights as you put them is an uphill battle..getting a dca to stop reporting defaults is next to impossible...you have to realise just because the agreement is not enforceable does not mean that the debt simply goes away and everything is hunky dory and you can carry on as if nothing has happened.....you can report to oft Fos etc..but you will probably get absolutely nowhere...the only way is to tuff it out or pay it...as a certain advert says...simples....

[debt4get]

if you want to offer a full and final settlement write to the companies and put forward a proposal..however, they will not even if you pay up, mark your credit file as though nothing has gone wrong...it will only be marked as partly satisfied..if i remember correctly you had another thread where you were concerned about your credit rating and i take it that this is what you are trying to achieve...i think you will find it difficult if not impossible to get them from processing your data, and recording defaults against you whilst accounts are in dispute. the only thing that will happen is over time these defaults will drop off....is there a reason why you are so concerned about your cra?

[harrassed senior]

Yes, I have to agree with the above. A couple of years ago I had a very good reason for wanting my CRA files to look clean and tidy, spick and span, so decided I would have to have a go at getting it that way. With the help of the great membership of CAG who anwered all my questions, I began to realise a very important fact. Mostly my credit files were correct, I had missed payments, I had defaulted on payments etc. and that these files were a true reflection of the state of my financial dealings. I was, of course quite angry because what these files were NOT recording was a reason as to why things had gotten that way. The fact that I had a life threatening illness, and was, for a while unable to contact anyone. The fact that family/friends tried in vain to convey this information without my signed authority , etc. etc. I know that we can, of course, 'add a note', but as it is mainly 'machines' that check our files, they cannot and do not read any of this 'excess' information.

 

A few of my accounts were closed and marked 'settled' 'satisfied' etc. but as I have learned on here, that too goes unread by the machines. The only thing it would seem, that these 'machines' can detect is a blank page, meaning you have no credit history. But, that again raises 'suspicion, as , 'everyone has to have or had financial dealings'. Even that can cause problems, as you have to 'build' a credit profile to 'prove' that you can and do pay.

 

Then of course, there are, as we all know on here, the mis-information that has been reported, the double entries, the continuance of reporting under dubious circumstances, etc. These are the things we can try and get put right, but, at the end of the day if we will only admit it to ourselves, at least some of the information deserves to be there under the laws of the land. So we attempt to change what we can and learn to live with the rest.

 

as the saying goes, Everything is possible, Miracles may take longer!

[Magman]

Thanks again Harassed senior

 

Your story sounds like mine except my medical problem although seriously debilitating was not life threatening.

I know I am going on like a scratched record and this forum is great but my personal record was clean with no defaults until, I decided after reading what sounded like a really sharp letter to send this and see what happened, as part of this I with held payment as the account was in dispute some thing I was supposed to be able to do with out consequences, I now find the letter is just words and the trick is to tuff it out and Waite six years.

If what the letter said was correct I had every right to suspend payment while my card company was in default and they had no right to maliciously report. Hard and all as it is there should be some recourse, if not surely there should be some way of distill the rules so we can discuss this and under stand the process before the gun is fired as the old saying goes all battles are won before they are fought.

I just want to know how to win before I start the fight and surly there is sufficient combined knowledge in this forum to achieve this as this is were it has happened.

Now if I have to I will correct the file and start the battle later when I know the score, An option I would prefer not to take, when if the information in dpicks letter is correct and I still believe it is all I really need to know is which letters do I now send to take this to the next stage or has this never happened before.

 

Regards

 

Magman

 

Regards

 

Magman

[Magman]

Hello every one

This is the letter I sent, to my mind it is a great letter can any of you out there tell me were it failles.

I have no doubt the problem only exists in my ignorance but now that I have started the war I feel it must be finished,

Regards

Magman

MBNA Europe Bank Ltd Mr

PO Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

Date XX July 2010

Dear Sir/Madam.

RE: DATA PROTECTION INFORMATION REQUEST

CREDIT CARD NUMBER

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On x August 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 S/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my requests, and as such the account is now in default as of xx August 2009.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

Furthermore:

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data?

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Regards

[2Grumpy]

I remember seeing somewhere about sending a DPA letter to the CRAs not to supply references for automated decision making. It would mean risking being turned down for credit where they only do auto decisions, otherwise a person in the credit organisation must take a look and maybe ask a question or 2 ...