Cap1 & CCA return

[banker_rhymes_with]

Hello bello217!

 

Welcome to CAG!

 

I wonder if PT257 could confirm the details of the case that is due to be heard in Cardiff and when

 

I may have missed a Post. Which case are you referring to? If you can link to when this was mentioned, or copy up the details from further back in this Thread, that would be helpful.

 

Cheers,

BRW

[MAGDA]

think this might be the one you mean: if you see post #1566 onwards, there were a couple of posts today made by PT re: this case.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-79.html#post2781641

[bello217]

thanks Magda

 

Have just put post on that thread, must admit I am struggling to find my way around this site a bit as the threads are not easy to follow

[MAGDA]

thanks Magda

 

Have just put post on that thread, must admit I am struggling to find my way around this site a bit as the threads are not easy to follow

 

You'll soon get the hang of it, mind you, I often get confused, and I've been on here for a while now:)

 

Magda

[bubb2]

Hi i have just received a signed copy of the original credit card application form from nationwide but this does not prove the debt does it? don't they have to give me a credit agreement signed?

any advice much appreciated i'm trying to help out a friend who is facing a charging order on his house in court on friday! he has left it very last minute but anyone got any ideas??

[Gallahad]

Hi i have just received a signed copy of the original credit card application form from nationwide but this does not prove the debt does it? don't they have to give me a credit agreement signed?

any advice much appreciated i'm trying to help out a friend who is facing a charging order on his house in court on friday! he has left it very last minute but anyone got any ideas??

 

You need to post on here a copy (with blanked out personal info) which I am sure one of the site team will then advise if it is enforcable. Have you had DN and or termination and has anyone yet checked whether they are properly issued?

G

[means2anend]

Hi i have just received a signed copy of the original credit card application form from nationwide but this does not prove the debt does it? don't they have to give me a credit agreement signed?

any advice much appreciated i'm trying to help out a friend who is facing a charging order on his house in court on friday! he has left it very last minute but anyone got any ideas??

 

 

Consumer Credit Agreement(Cancellation Notices and Copies of documents) Regulations 1983

Allow for the omission of certain prescribed terms in a copy...signature being one of them.

 

However as Gallahad said post up your application form/agreement minus personal info...

 

Next step will be to inspect it as to form and Content

 

I am sure just to reiterate that a site team member more experienced in these matters will be on hand to help you

 

However you have said that it is an application form...it is important therefore to see that it does NOT contain certain prescribed terms as to FORM as well as content...such as ''this is a fixed sum loan regulated by the Consumer Credit Act 1974''

 

It should also contain the appropriate cancellation notices depending on the type and nature of your agreement including the circumstances leading up to concluding the agreement such as where the negotiations and the signing took place.

and....''sign this only if you want to be legally bound by it'' or words to that effect

 

It may after all be a mere application form truly unconnected with the other documents that they sent you or have not sent you as the case may be

 

rgds

 

m2ae:)

Edited February 23, 2010 by means2anend

[gr osborne]

hi can any one help, i recieved a phone call form mdr claiming i owe a dept to them , can any one tel me please who mdr are?. allso if they are acting on behalf of someone else. and they say have sent letter but i have not had one also can i send a letter to ask for details

[gr osborne]

hi can any one help, i recieved a phone call form mdr claiming i owe a dept to them , can any one tel me please who mdr are?. allso if they are acting on behalf of someone else. and they say have sent letter but i have not had one also can i send a letter to ask for details

gosborne

[Gallahad]

hi can any one help, i recieved a phone call form mdr claiming i owe a dept to them , can any one tel me please who mdr are?. allso if they are acting on behalf of someone else. and they say have sent letter but i have not had one also can i send a letter to ask for details

 

Did you tell them on phone you had received no letter?

[anynewmouse]

hi can any one help, i recieved a phone call form mdr claiming i owe a dept to them , can any one tel me please who mdr are?. allso if they are acting on behalf of someone else. and they say have sent letter but i have not had one also can i send a letter to ask for details

 

MDR = Moorcroft Debt Recovery

[maroondevo52]

gr osborne, has started a new thread and is getting advice.

[andrew1]

hi can any one help, i recieved a phone call form mdr claiming i owe a dept to them , can any one tel me please who mdr are?. allso if they are acting on behalf of someone else. and they say have sent letter but i have not had one also can i send a letter to ask for details

 

Might be NDR rather than MDR - Nationwide Debt Recovery.

 

Ignore them until you get something in writing, if they phone again ask them for a copy.

[pedross]

Hi i have just received a signed copy of the original credit card application form from nationwide but this does not prove the debt does it? don't they have to give me a credit agreement signed?

any advice much appreciated i'm trying to help out a friend who is facing a charging order on his house in court on friday! he has left it very last minute but anyone got any ideas??

 

You have posted very little information so it is difficult to give opinions but I will try.

 

If your friend is facing a charging order on friday I would imagine that the case has already been to court and a judgement issued previously. I would also imagine that they have been ordered to pay the debt and have failed to do so.

 

It would therefore not be a good idea to try and dispute the debt at this stage as it should have been done prior to the original hearing.

 

If this is anywhere near the facts then the best option would be for them to go to court with an income and expenditure statement and make an offer to pay reasonable monthly payments which are affordable. They should request that they are given chance to make these payments and explain to the court that this resulted from an unsecured debt which was never intended to be secured on property.

 

They should also explain that they now have reason to believe that there may have been reasons to defend the original case but they did not have the knowledge to do so at the time and realise it is not the time and place to do so now. However, to grant a charging order to such a large institution against the family home, at a time when the government are looking into restricting such orders, will cause stress and uncertainty to the family and an order to make monthly payments would appear to be a much fairer solution.

 

As it is friday it would make more sense to look for supporting information on the points I have mentioned and the prevention of charging orders rather than the validity of the agreement which will probably not concern the court.

 

Just my opinion and if the facts are not like that I have just wasted my time. Never mind.

 

Pedross

[rapidres]

Good morning, hope someone can help.

 

I am in the process of trying to get a cca from mbna (August 2009) and to date have not received anything. They have rang me this week saying that if I don't pay they will sell the debt to someone else. My questions are:-

 

1. If they sell the debt, does this company still have to get the cca.

2. I am thinking of talking to mbna and get the debt reduced and pay them something on a monthly basis, has anyone else done this.

3.It seems that even if they don't have the correct terms in the cca, they can still win, is this so.

4.My credit card has been with mbna for 10 years, what is the likely hood they have it and if they don't does this make a differance when going to court, compared to them going to court with a signed one but the terms are wrong.

[reallymadwoman]

Good morning, hope someone can help.

 

I am in the process of trying to get a cca from mbna (August 2009) and to date have not received anything. They have rang me this week saying that if I don't pay they will sell the debt to someone else. My questions are:-

 

1. If they sell the debt, does this company still have to get the cca. Yes

2. I am thinking of talking to mbna and get the debt reduced and pay them something on a monthly basis, has anyone else done this. It's certainly possible, but don't do it over the phone. There are plenty of budget sheets available to help you work out what you can reasonably afford.

3.It seems that even if they don't have the correct terms in the cca, they can still win, is this so. It does seem to heavily depend on the judge, and what they actually come up with. I would never suggest taking a creditor to court, but if they issue against you, you can defend on the basis of an unenforceable agreement.

4.My credit card has been with mbna for 10 years, what is the likely hood they have it and if they don't does this make a differance when going to court, compared to them going to court with a signed one but the terms are wrong. They may or may not have the agreement, it's luck of the draw, but if they do have it, why haven't they sent it to you yet?No agreement at all should put you in a stronger position than missing prescribed terms, for example, but there are never any guarantees.

 

Hope this helps. If you need more advice, it would be better to start your own thread.

[rapidres]

Thanks for your reply reallymadwoman. I might try and see if they will take a reduced amount and do it 0%, if they have not got the cca then this would put me in a stronger position. Does anybody know if there is a thread for settling for a reduced amount, there are so many threads and replies sometimes it is like looking for a needle in a haystack?

[tedney]

Hello rapidres

I think it laways best to start your own thread for a particular issue. That way you get the best help that will suit your circumstances. Go to the main forums page and look for your bank and start thread button near the top of the page.

T

[diddydicky]

i suggest that you do absolutely NOTHING with regard to making offers UNTILl you have the CCA

 

creditors are business people- they don't normally sell debts that are sound for 10-15p ion the pound which is what they will sell it for

[Bigdebtor]

I agree with DD ( I usually do -because he's a clever grandpa like me!).

 

I was offerred a 35% F&F deal on 2 cards I had with MBNA and 2 with A&L (also owned by MBNA). I settled a total of over £35k card debt for just over £11k - BUT I have since read that MBNA had shredded a lot of cca's in 2005/2006 - so I could have saved that £11k too!

 

As DD says, the chances are that, if they are selling the debt, they don't have an enforceable cca. Also they will need to give you a Notice of Assignment if they sell - and this should come by recorded delivery but rarely does - so another possible future loop hole (along with a dodgy DN) for you if you play a waiting game right now.

 

Also remember the reconstruction applies to S 78 - not to the enforceability of the debt where I believe you can still insist on the original signed cca being shown before the judge can order payment.

 

In short - do nothing until you know more about the cca other than go down the cca route, account in dispute etc.etc. This may get them to move on issuing a DN and then a TN - and they may be dodgy so limiting your liability to arrears at time of DN.

 

Hope this helps!

 

BD

[diddydicky]

but doddery i'm not!!

[Bigdebtor]

Who suggested that???

[diddydicky]

what, sorry i cant remember, what did you say? who are you?

 

tablets tablets, where's me tablets;)

[Bigdebtor]

Get on with your home work! You'll get us both a row for going off-topic!

 

Please miss - he started it!

 

BD

[rapidres]

Thanks for all your replies. I will sit tight for the time being and see what happens:)