Michaelangelo's thread

[Michelangelo48]

so more simply described can i use one letter.payment of 2 quid/ envelope for the 2 Idem accounts.

[Michelangelo48]

Hi guys, i really need an answer urgently on this one! M.

[Michelangelo48]

has the noa to be a separate letter or can it just be one line in a termination letter to be bona fide? m.

[dadofholly]

If you have two agreements send two CCA's - one for each account.

[mikey130]

Hi m, yes 2 cca's 2 postal orders 1 for each account, both to ARDEN as there acting as collection agents for IDEM, ARDEN are collection agents for MOORGATE LOAN SERVICEING against me and the CCA letter which I copied straight from the cag library has stopped them in there tracks I followed that up with indispute letter exactly 12 plus 2 days later and they're now begging me for more time to sort things out as they admit they have no paper work from MBNA !

remember to send recorded delivery and you can print of proof of delivery from post office web site day after you post it.

 

Mikey

[Michelangelo48]

if the account was transferred in early march to idem and i paid mbna in late march to cover both accounts for early april to early may- the first week_ wont idem argue that i have missed a payment_ and broken the agreement- irresspective of the fact that they havent provided proof thatvthey owm the 2 accounts by not providong a valid in line with ..S77.78, copy of the original agreement I need to very careful,w hat im doing here !!!!a

[Michelangelo48]

even though Idem do by law need to provide absolute proof that they do own the debts by providing true copies of the agreement i dont want them to get out of this through some loophole that I should have asked for this proof of ownership of the debt earlier eg in march when it was transferred even though i made a payment,after this date to mbna who were then acting as Idems DCA and took a holding payment which they said they would transfer to Idem! can I ask for a valid agreement at any time and refuse to pay until one is provided- or should I have done this in early march when the account was transferred to Idem by MBNA!

[Michelangelo48]

Sorry to be a pain guys but can the site team double check the legal position here as i dont what to be to court for non payment! Are there time limiits that apply eg that you must here,asked for a CCA,agreement under S.77/78 before you have missed a payment, even though the reason for not paying them Is that they havent provided an Original CCA Agreement! Couldnnt Idem suggest that i am now in arrears with payments and that if you were concerned about the validity of the Agreement you would have,asked for a true copy of it Before a payment was missed_ again sorry to be a pain buit I just what to check all of this!

[Michelangelo48]

It seems that Idem only pass the debt to Arden if they havent been paid! They have deliberately ignored the CAB who are my representatives, waited for payment to be missed and then have written to me directly to force payment this is both underhand very crafty and against OFT debt management guidance! I will be sending the 2 CCA requests tomorrow anyway as Idem/arden should be forced to prove they do have the necessary paperwork from MBNA and Do actualy have proof that they have bouught the Original Agreement and do own the debt and are now t the Creditor!

[dadofholly]

None of these companies are going to take you to court - get them CCA's sent off.

 

Even if they did take you to court - the Court would only make you pay what you could afford - and if thats a £1 then that is what the court would order.

 

But they have many hoops to jump through before that was to happen - so get them CCA's sent off.

Edited May 14, 2012 by dadofholly

[mikey130]

Absolutely the right advice from DH there, send your cca's to ARDEN wait the 12 plus 2 days for a lack of response and then dispute letter, try and rest easy for 12 days, and like DH say's even if you end up eventually in court no judge will make you pay more than you can afford even if thats only £1.00, by the way you can request cca at any time, and rememeber you've done nothing criminal here things just spiralled out of control for what ever reason.

mikey

[Michelangelo48]

2 ccans typed up! coulnt i just do one postal order for two quid and put both cca's- one per account- in one recorded delivery envelope it would be so much easier! m.

[Michelangelo48]

hi guys would one £2.00 postal order cover both cca letters eg one fee sent in one envelope!

[mikey130]

I don't see why not, remember to write on back fee only to be useed for CCA

miket

[Michelangelo48]

hi M. wii do

thx again.! M

[Michelangelo48]

hi again M. i got a you can now complain to the FOS letter to from MBNa's VP Gail Powell! I did complain in early March the very next day after they transferred my Accounts to Idem! So I will be updating my complaint asap! We do seem to be in exactlly the same boat as you say! its very useeeful to compare notes mate!

[Michelangelo48]

what an empowering site! a fellow professional in the Construction mgt trade put me on to it! it is so encouraging to exchange ideas and advice! m.

[Michelangelo48]

2 CCA's now sent first class recodrded delivery today! thx again guys!

[mikey130]

OK just come back to your thread in 12 days let us know how it goes

[Michelangelo48]

got a letter from MBNA stating my PPI complaint is being upheld and I am getting an extra 154 quid! Iam am not sure if the figures are correct, they say they have used the FOS model! there is no @ention of the return of the overlimit fees, late fees and return of default fees ,stretching bak years I asked for plu interest what should I do? Should I write to accept this as part payment? m,

[mikey130]

i know whem mine went through agents never accepted first offer I had 1 go from £150.00 to around £900.00 you should get back 8% interest as well so may be query it ! after all nothing ventured and all that

 

mikey

[Michelangelo48]

HiMikey not really sure how, all this works do I get back all the unfair charges over limit fees and defaults as well as the ppi at 19.9 % interest on the whole lot which whould have been the shape of the account before interest and fees and then get 8pc interest on the whole lot? Should I go for interest in restitution? M.

[mikey130]

With mine I had an agent do it which was before the ruling, so MBNA didn't play fair but yes I got back all ppi, ppi inteterest default and unfair charges plus 8% interest on the lot unfair charges I believe is every thing over £12.50 per time, it was £25.00 per charge at MBNA but the OFT ruling said £12.50 was reasonable so £12.50 back every time they charged you £25.00 is how I think it works site team probably know better than me on this 1 though !

mikey

[Michelangelo48]

Thanks again Mikey! this is kind of what I thought! I have a SAR to write and 2 Final responses, one dealing with an engineered default by MBNA set in motion in 2009-3 years in the making and the incorrect PPI charges refund! A busy time!

[Michelangelo48]

Thanks again Mikey! this is kind of what I thought! I have a SAR to write and 2 Final responses, one dealing with an engineered default by MBNA set in motion in 2009-3 years in the making and the incorrect PPI charges refund! A busy time! reading up on Notices of Variation and Reg 7 of the CCA Regs 1983 due to MBNA changing my contract terms and conditions unfairly in mid 2010, The new contracts core term being based on the deliberate extortion and misappropriation of even more of my JSA benefits, even the debt management plan girl from MBNA openly acknowledged how grossly unfair this was but also indicated that she was also acting under significant and undue pressure from mbna to push tha agreement through. All of this compounded because of the way they sent payments to the wrong bank accounts, then sneakily and unfairly applied 2 defaults to my accounts, then had to refund them and remove the defaults from my bank accounts( Santander Bank Error), then harassed me from India night n day through Aegis Ltd based in MUMBAI (eg sending my data to an non EEC.EU country/ DCA without my permission) I dont even know if they had an extant CC License to collect debt in the UK !