Cap1 & CCA return

[tamadus]

My bank are in criminal default of my CCA request because they haven't supplied the terms and conditons etc and have written to me saying that I am still liabole for the debt and they will write to me seperately to explain.

 

Any ideas ?

 

They are right Un1 the debt still remains, only problem is they cant enforce it without a court order and to get that they need the agreement.

 

I'd write back (when you get their fairy story explanation) telling them you will be happy to pay the debt when a Judge tells you to and not before. Might be an idea to ask why they can't just supply the documents instead of you having to collect them from the court during the hearing

[tamadus]

I have found the template lette for ERC charges but is there anything that wold cover unlawful MIG (or just stating insurance and can be adjusted)?

 

MIG is a tricky one IMHO Maybelline, as you know I am arguing this on my ex wifes behalf with her mortgage company. It looks like they charged her about £1400 for it and then paid the broker £850 of it in commission just for the MIG portion. He got commission for the mortgage itself (about £300) and for the life insurance (about 600).

 

I'll post more on this as it develops.

[tamadus]

Just subscribing to this thread - it's taken me two days to read through half of it at the moment. Just a quick question to the Terminator - how did MBNA resolve your S85 default? I haven't got to that bit yet?

 

 

telling the final twist in the story before you read the whole book is banned

[maybelline]

thanks tamadus, I am challenging MIG because it was a secured loan (approx 5k) against a property with a very small mortgage and high equity, so dont think it should apply at all (?) posted earlier on this thread re this problem, so no broker involved because the lender just whacked it on the agreement on top of arrangement fees.

[tamadus]

MIG usually applies if your borrowing more than the loan to valuation percentage.

 

If the property had more equity than you borrowed then it shouldnt have been applied.

[maybelline]

only about 20 time more!!

[Guest Battleaxe]

Oh boy, has this been an interesting exercise.

 

I did a spreadsheet out of curiosity regarding Section 85, working out the interest from November 2003 and it has come to a whalloping £2,385.95. Now if I add the contracual interest rate 24.90% to that it comes to £3,509.93. Wonder how I would word an N1 for that claim?

 

I am enjoying this more and more. i have to do the Crap One cards tomorrow.

 

I hope two banks choked on their morning coffee when they got my letters this morning serving the Section 85's on them.. now the clock has started ticking...

[elizabeth1]

Battleaxe - have a look for a thread with Melaniebree - I am sure she recently did a claim with something like this (sorry if I am mistaken - I read so much on here) I am sure Melanie used something different than an N1 to do this stuff with as she wanted a default removing too I am sure. - she may have had the CCA/SAR stuff in with it - which was why she did it the other way - she was "happily" settled out of court I am sure.

 

Like you say it soon adds up?? Sure would start some tickers going wouldn't it? Blimey they'd soon need something in their coffee!!

[un1boy]

How do you work out how much interest to calim back for a sec 85 request? By looking on the statements?

[elizabeth1]

un1boy,

Usually there is a figure shown in the statements showing interest they charged you.

[Fullyskinted]

Oh boy, has this been an interesting exercise.

 

I did a spreadsheet out of curiosity regarding Section 85, working out the interest from November 2003 and it has come to a whalloping £2,385.95. Now if I add the contracual interest rate 24.90% to that it comes to £3,509.93. Wonder how I would word an N1 for that claim?

 

I am enjoying this more and more. i have to do the Crap One cards tomorrow.

 

I hope two banks choked on their morning coffee when they got my letters this morning serving the Section 85's on them.. now the clock has started ticking...

 

Battleaxe - Ive just read your signature. In it (at the bottom) you state that you have CCA req two on 6/1/07. And that you have sent compaints to the OFT.

Errrr, the lender has 2 + 12 working days and then 1 calendar month to respond before you can do that - ot at least thats how I read it?!?!?!

 

Are you sure you have that right?

 

Please explain if Im wrong!

[Guest Battleaxe]

Fully skinted, they are out of time 12+ 2+30 is correct. So I got in my OFT complaints when they after they got smart and sent me back T & C and a purported credit agreement for ME to sign and return to them Typical stalling tacts and feigning to misundertand my request. Decided to put a fire under them and yesterday I get a letter being threatened with Reliable Collections, so sent a missle back thanking them for affording me the oppoertunity to claim further compensation by their intransigent attitude. I also asked them to refer to thei legal department if they failed to understand the content of my letter

[Guest Battleaxe]

UnIboy,

 

The interest is listed on every statement with the date this interest was applied, so it was easy to follow and work out. i used one of Vampiresses spreadsheets (No 2) and for the heck of it used the contractual interest for this exercise

[Guest Battleaxe]

Tried to search and that is turned off, so decided to change my avatar, that facility is turned off, so I am off to the hairdressers for pick me up, hopefully when I come back things will be turned on again. I did make a donation this week, honest guys...

[Fullyskinted]

When did you submit the CCA request then? Im gathering it wasnt 6/1/07 as your sig states...

[m55dlc]

telling the final twist in the story before you read the whole book is banned

 

Yes, 'tis true! But at a read of over 2 days, the anticipation got the better of me!

[Guest Battleaxe]

Fully skinted, I sent the original CCA request off 3 December, they took a month to reply so I sent them a reminder on the 6 January 2007 after they sent back a credit agreement for me to sign. This was the basis of my complaint to the OFT, that they are stalling. There isn't a credit agreement in existence for either of the accounts, this why they cannot provide them. Maybe I should have made my sig more clear; we are only allowed so many characters so I was trying to be concise. So whatever way you work it, the cunning little devils are out of time

[Fullyskinted]

Ahhh. I see

 

One of mine wrote back pretty quick saying no CCA in their archives. Im giving them the full +30 calendar month now to see if they change their mind...

[Guest The Terminator]

Now Mbusa have threatened to default me on the 31st January which happens to be the day they commit a criminal offence.You may call this cagey but they are going to get hit with an LBA on exactly the same day as they issue a default so they won't only choke on their coffee next Thursday morning but throw up as well

[elizabeth1]

:D ha ha laughing loads!!

 

I shall have to sit and plot my revenge too - what do they get for an SAR requested back in August 2006 - followed by CCA request not nearly met??

 

Me reckons choking on coffee - will be an under statement?? I need to plot this one!!

[Guest Battleaxe]

Mbusa legal eagle (Bill Wareing) and I had a discussion this afternoon. they got my Section 85 default yesterday, he said I couldn't default them, so I just said watch me. We have reached a settlement on the non-compliance and I am £200.00 richer,plus court costs, told him I would notify the court once I had the cheque safely honoured in my bank account. We discussed the charges still to be filed, they don't want the agony of the Court room, so have to ring him next Thursday to see what they are offering.

he is very uncomfortable about the Section 85, he did ask how much was it going to cost them, so when I told him the figure, and the compund contractual interest. I think they are going to have some uncomfortable discussions in the ensuing weeks, seeing they have been in breach since November 2003. He also asked how I found out about Section 85 and I told him that I have a copy of the Consumer Credit Act and have plenty of time to read then spoke to some very wise men. I am going to get a pimple on my tongue for that fib.

 

I also reminded him about the Credit Agreement request that they in defualt of now and he said he is not sure they can find a properly executed one, so I just teased him and reminded him what a fine mess A & L have landed them with. Tam, this is so enjoyable.

[Fullyskinted]

Now Mbusa have threatened to default me on the 31st January which happens to be the day they commit a criminal offence.You may call this cagey but they are going to get hit with an LBA on exactly the same day as they issue a default so they won't only choke on their coffee next Thursday morning but throw up as well

 

 

Mr T - they cant issue a default in the + 30 days. As of the 12th day the account is HELD with no interest to be added, no adverse credit references/marks and no defaults or DCAs involved.

 

WTF are they playing at?

[zubo]

Terminator -

Just getting around to raising S85 against Amex.

 

'To correct this, consolidation must be made within 1 month of this notice.

 

If the correction required by this notice is taken before the date of expiry of this notice then no further action will be taken in respect of the breach.

 

If the action required by this notice is not taken within 1 month of this notice then the default will be registered with a credit reference agency.'

 

Question: what does Consolidation do? ie to me it sounds like you have to add up values into one value.

Question: What do you register with the two credit reference agencies? that they in Default on your account under S85? Isnt this likely to give YOU adverse credit IF finance companies start looking for folk like us?

 

thanks

[noomill060]

well done battleaxe!

 

**impressed**

[ladybird17]

Can we clarify here -this thread is so huge it's getting a tad difficult to decipher! Is it established (re: S85) that a credit card is in fact a Credit Token? Is it also established that a new agreement should be sent out with every re-issued Credit Card? And is it established that if a new agreement is NOT in existence then the CC isuer is in default? If all the answers are yes, then this is SUCH a goody!!!!!!!!!!