Cap1 & CCA return

[Suetonius]

Hello Aktiv..

 

I must have forgot to log off yesterday...

 

I have read that post, but not reread the entire thread...

 

So I am more than a little confused...

 

I will read it from start to finish...

[SharpmanTF1]

Could somebody have a look at this.

[attach]3671[/attach]

It contains a CCA from HFC - Pretty sure its enforceable.

I also need someone to check out the statements.

2 sets of statements. You'll see what I mean when you see them.

What I need to know is have I been disadvantaged in any way by the way they have split the payments up.

 

Your help most appreciated.

 

Sharpman.

[killat]

this company say thay will do it for free on a no win no fee basis

 

is it worth using them??

 

Real Claims: Wipe clean PPI, Miss Sold and Unenforceable Loans, Credit Cards

 

 

if i have not got to pay a penny and they have to do all the work it win win, isnt it

 

 

has anyone used them

 

 

all other companies i have found charge a fee of arount 200-500 just to look at your claim

 

am a bit unsure though as unless it goes to court how do they get paid???

[poppynurse]

I suspect they will take a whacking percentage of anything they get back

 

You can do it all yourself with CAG

[foolishgirl]

 

if i have not got to pay a penny and they have to do all the work it win win, isnt it

 

 

If it looks too good to be true, it probably is!

 

Use CAG & DIY - you are in control, anything is yours to keep (with a donation to CAG of course! ) & you'll find it is v. satisfying.

[davefirewalker]

Could somebody have a look at this.

[attach]3671[/attach]

It contains a CCA from HFC - Pretty sure its enforceable.

I also need someone to check out the statements.

2 sets of statements. You'll see what I mean when you see them.

What I need to know is have I been disadvantaged in any way by the way they have split the payments up.

 

Your help most appreciated.

 

Sharpman.

 

Yes its enforceable...

[SharpmanTF1]

thanks dave.

 

Do you know anybody on the forums who are financialy minded. I need some one to look at the statements on that pdf. I need to know if they're pulling a fly one using the payments the way they are doing it. I was paying over the required payments and they were splitting the payments pefore adding them to the account. need to know if, by doing it that way it is detremental to me by meaning that i pay more in interest or the such.

 

thanks

Sharpman

[davefirewalker]

thanks dave.

 

Do you know anybody on the forums who are financialy minded. I need some one to look at the statements on that pdf. I need to know if they're pulling a fly one using the payments the way they are doing it. I was paying over the required payments and they were splitting the payments pefore adding them to the account. need to know if, by doing it that way it is detremental to me by meaning that i pay more in interest or the such.

 

thanks

Sharpman

 

you need to see if there is any mention in the t&c's about OVER payment, and / or how payments will be allocated.

 

But on the face of it, it seems ok. you have reduced your liability by overpaying therefore the interest portion will have been paid faster......

 

somone else may know better

 

Dave

[SharpmanTF1]

ok, thanks

 

sharpman

[killat]

If it looks too good to be true, it probably is!

 

Use CAG & DIY - you are in control, anything is yours to keep (with a donation to CAG of course! ) & you'll find it is v. satisfying.

 

is there a summery thread, regarding the process?

 

i have looked but can not find the basic process

 

i could read all 600 odd pages , but it would be useful for other members also to have a sumery of the process

 

thanks for the help

 

i did try calling that company as o n their site it states

"How much does it cost

 

We work on a no win no fee basis, even if you win it will cost you nothing."

 

 

this implies that they do not take a percentage

Edited September 8, 2008 by killat

[katie3105]

hi all,

i did a cca request to mbna on 28th july and got a reply on 14th aug. The agreement looks to be unenforcable, no prescibed terms etc basically it is an application form.

i then received a letter from mbna on 19th aug saying they had sold my debt to equidebt ltd-equ and that any enquiries regarding the account should be made to them.

my question is.......who do i write to now to say the agreement is unenforcable and has not complied etc.....

 

any help greatly appreciated.

 

thanks

[Dileepan]

Guys ,is a final demand notice sufficient for a bank to register default on your name and close a current account without notifying you.???? this is what my bank saying. help me friends

[MAGDA]

hi all,

i did a cca request to mbna on 28th july and got a reply on 14th aug. The agreement looks to be unenforcable, no prescibed terms etc basically it is an application form.

i then received a letter from mbna on 19th aug saying they had sold my debt to equidebt ltd-equ and that any enquiries regarding the account should be made to them.

my question is.......who do i write to now to say the agreement is unenforcable and has not complied etc.....

 

any help greatly appreciated.

 

thanks

 

Hi Katie, I would wait until equidebt contact you (which no doubt they will) and then write to them explaining that the 'agreement' you received is an application and nothing more, and therefore unenforceable.

 

Magda

[tinkerbell20]

Hi Katie, I would wait until equidebt contact you (which no doubt they will) and then write to them explaining that the 'agreement' you received is an application and nothing more, and therefore unenforceable.

 

Magda

 

 

MBNA just have a routine threatogram program which you will just have to endure as anything you write to them will be ignord:rolleyes:

[davefirewalker]

hi all,

i did a cca request to mbna on 28th july and got a reply on 14th aug. The agreement looks to be unenforcable, no prescibed terms etc basically it is an application form.

i then received a letter from mbna on 19th aug saying they had sold my debt to equidebt ltd-equ and that any enquiries regarding the account should be made to them.

my question is.......who do i write to now to say the agreement is unenforcable and has not complied etc.....

 

any help greatly appreciated.

 

thanks

 

Same thing happened to me, just as i was entering into dispute they sold it to equidebt......I wrote to equidebt and said that we were at the dispute stage when MBNA sold the debt unlawfully. I'd of got more sense talking to the wall !!! now I just ignore them or sometimes write to tell them that I dont acknowledge ANY debt to them.........just got a letter offering SUBSTANTIAL reductions if I contact them to discuss it!

 

yeah thats going to happen.

 

ok then...

 

write to Equidebt, and tell them that you do not acknowledge ANY debt to them at all and that they must supply you with documentary evidence of the alleged debt. (s78 - 77 cca them). and for good measure put in the letter that you require all contact to be in writing ONLY

 

there are several letters on here that will do the job.....

 

Dave

[katie3105]

thanks i never thought to wait....guess it will stall things for a bit lol.......

 

i was wondering if mbna had to send me a formal notice of assignment or is a letter stating they have sold the debt, with the name and address of the new creditor on enough?

 

is it legal to sell a debt on?

[tinkerbell20]

thanks i never thought to wait....guess it will stall things for a bit lol.......

 

i was wondering if mbna had to send me a formal notice of assignment or is a letter stating they have sold the debt, with the name and address of the new creditor on enough?

 

is it legal to sell a debt on?

 

 

Yes they can legally sell/assign the debt but first they have to serve a default notice and then a Notice of Termination

[katie3105]

thanks dave...i was going to do that but just wanted to check. do i not need to send any more letters to mbna?

[katie3105]

i have had no default notice or notice of termination.......i did get a letter saying they would reduce the debt substantially but i ignored it when i found this site and ccad them instead. i have had no other correspondance. should i SAR mbna ?

[davefirewalker]

 

We work on a no win no fee basis, even if you win it will cost you nothing."

 

 

 

hmmmm no win NO FEE...implies that if they do win there IS a fee. From what Ive seen and heard it could be anything from 15% to 40%.

 

Do it yourself

 

1 CCA them

 

2 determine if its legit

 

3 LBA them

 

4 issue N1

 

5 go to court (if necessary)

 

6 count money

 

very rough guide

 

Dave

[katie3105]

hi all

 

just been looking at my docs...it would seem i had a letter on the 16 june saying that

'mbna has scheduled your account to be written off as a bad debt. please be aware this does not mean it will disappear. we will pursue one of the follwing actions to recover the debt.'

 

they then go on to say they may place account with 3rd party, or sell debt to a 3rd party or refer your account to a solicitor.

 

on july 7th i got a letter to say they would discuss the possibilty of settling the account with a payment of xxxxx.

 

i have heard nothing since then except to get my agreement which was then followed by a letter stating the debt had been sold.

 

thanks all

[davefirewalker]

i have had no default notice or notice of termination.......i did get a letter saying they would reduce the debt substantially but i ignored it when i found this site and ccad them instead. i have had no other correspondance. should i S.A.R - (Subject Access Request) mbna ?

 

Well they NEED to send you a default notice then a notice of termination then the letter to say they sold the debt. Equidebt need to send you a letter to inform you they now own the debt.

 

if none of the above has been complied with, they have acted unlawfully.

 

you could sar mbna....i would do that anyway (helps build the evidence pile).

 

you should also cca equidebt.........but wait to see if they follow procedure first.

 

Dave

[katie3105]

if they have not followed procedure but have sold the debt on anyway is there anything that can be done or do you go through the whole process with the new creditor.....i.e saying the debt is unenforcable and going to court if need be ?

[foolishgirl]

is there a summery thread, regarding the process?

 

Depends what you're trying to achieve - PPI, unlawful charges, unenforceable debt? Which?

Suggest you start a new thread for each issue you have according to the company you're dealing with & post it in the appropriate forum

 

 

We work on a no win no fee basis, even if you win it will cost you nothing."

 

this implies that they do not take a percentage

 

No, it doesn't - it's just cleverly worded. It won't actually cost you anything i.e. they won't ask you for any money up front, they'll prob. just take their cut off the top of anything they get back for you. Nothing in this life is free!

 

If you need help in which forum to be posting etc. please give details of the companies & type of debt you have eg. CC, loan, overdraft etc.

[foolishgirl]

if they have not followed procedure but have sold the debt on anyway is there anything that can be done ...

 

Yes, keep all the paperwork! It will give you more ammo to fire if they try to initiate legal action. And of course, if you don't receive a Notice of Assignment and/or an enforceable agreement, stop the payments. No NOA, no CCA, no agreement to pay!

 

They might, of course, try to sell the debt on again to some other sucker DCA but by then, you would hopefully have put it in dispute & could tell them to whistle...