Michaelangelo's thread

[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 !

[Michelangelo48]

Hi Mikey, Given that it will be a miracle if they provide a true CCA,have you a link to the Account in dispute letter you used for your letter to Arden! I have difficulty accessing the Cag library on my phone! cheers mate! M.

[mikey130]

Hi M, again it was 1 straight from the cag library, i'm not the hottest with i'm afraid but its in there I just printed the lot of and then type em up from the print offs probably not the smartest of ways but it works for me, muat be a night mare working just from your mobile.

miket

[dadofholly]

Here is the link to the letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[Michelangelo48]

thanks DH! excellent letter!! thanks again for all your help! I wish I had discovered thiis site 3 years ago! A friend gave me the details!

[Michelangelo48]

time of call logged as 10.05am and telephohe notes taken. Hi again DH! The CCA must have worked I have just had a harassing phone call from Arden Credit Management.I refuised to go through Security! I politely but firmly and fairly told him "No I am not going through security, I have just filed a S77.8 request with you on Monday" his answer was "..We do need to have a conversatiion!" & I replied "Again! The answer is No! contact me in writing only please !" he sheepishly said "okay" and I ended the call! any advise from the Site Team and Dadofholly greatly appreciated! M

Edited May 17, 2012 by Michelangelo48

[Michelangelo48]

If I had put the FOS on notice and I had initiated a complaint with them in early March, 2 days after the account had been sold to Idem Servicing and the week before the account was actually transferred to Idem in the second week of March, was the "Account In Dispute" at this stage!

[Michelangelo48]

arden have sent one balance of one account to my CAB representative, the pther alleged balance and demand for payment has been sent to me! is this divide and conquer! should Arden be contacting me in writing when I have appointed a CAB represenative to act on my behalf!

[Michelangelo48]

Arden have sent one balance of one account to my CAB representative last week, the other alleged balance and demand for payment has been sent to me! is this divide and conquer! should Arden be contacting me in writing when I have appointed a CAB represenative to act on my behalf!

[dadofholly]

Depends on what the CAB advisor asked for in their letter.

 

As for the account being in dispute - it can only lawfully put in dispute if they fail to comply with the CCA request once the timescale to reply has expired - and they can still comply at any time after that - but i don't think they will.

 

There are other reasons for disputing the debt - such as it's not your debt - the debt has been settled - the debt is made up only of charges or ppi etc. But other than that you have no grounds to dispute the actual debt.

 

You may, however, be able to dispute Idems right to collect, if there has been no notice of assignment - or the assignment was made at a time the buyer had no CCL etc.

[dadofholly]

As regards their phone calls - you are doing the right thing - and they now know you are willing to stick up for yourself, and understand your rights.

[Michelangelo48]

Hi again DH I am completing a SAR to MBNA for my 2 accounts! The cag letter seems to suggest that one £10 fee can cover 2 accounts eg a 10 pound max fee! Is this the case! is the .Ezsias v Welsh Ministers case 65 or 68 (Dec)

[mikey130]

Hi m, as far as i'm aware the SAR is for every thing they have on you no matter how many accounts so yes 1 request and1 £10.00 fee DH will put you right if thats the wrong info , as for the phone calls just wait the 12 plus 2 days and then dispute and watch ARDEN'S attitude change phone calls stop letters stop and you just wait whiole they try to sort out an enforceable CCA you must be half way to your 12 days now.

mikey.

[dadofholly]

Mikey is correct - the cost of the SAR is £10 for all information they hold you - no matter how many accounts you have had with them. Also put in the SAR that you would like to know - to who, and when the account was sold.

 

Have you not already sent an SAR to MBNA? If not who was it you sent the SAR to?

[Michelangelo48]

Thanks M! Did they ring you at all during their 14 day period? 4 harassing calls! calls today now have adv Arden not yet heard of CPUTR Regs 2008, MCA 1998, PHA 1997 and Communiation Act 2003! Hi Dadofholly is it safe to assume that one Sar and 10 pound fee covers getting all the data they hold on me! M

[mikey130]

They've only phoned me a few times in all, but I sent Door step letter same day as CCA letter door step letter makes clear communication in writing only, I also don't think they were sure they had my num its ex directory and all though they have my mobile I never answered the calls which means they can't be sure its my number ( thats my logic any way)

[Michelangelo48]

Hi Dadofholly, hows things! Do you have a link to Mikeyns doorstep letter! Sorry to be a pain!M.

Edited May 17, 2012 by Michelangelo48

[Michelangelo48]

The only reason I ask is Arden have been told twice today by me and my partner! Communicate in writing only!!! m.

[dadofholly]

To stop the phone calls send this letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

[dadofholly]

Here is the door step letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

[Michelangelo48]

HiAgain D! does the phone call letter need to be recorded delivery! m Arent they prohibited from caling me when I have submitted a s77.8 CCA Reqt and enforcement has to stop prior to them producing the Original Agreement! Is it too early to send the doorstep letter! m.

Edited May 17, 2012 by Michelangelo48

[dadofholly]

No they don't have to stop untill the time has run out to comply - and you have sent the account in dispute letter. Don't think you need to send the doorstep letter but won't hurt to.

 

No need to send recorded - just send at a post office and ask for proof of posting. No need to do any more - just wait for CCA response.

[Michelangelo48]

Hi D, thanks again 4 calls yesterday from Arden! Another 2 calls today at 8.30 am and 8.45am-withheld number and then message to phone Arden on 0800XXX.. And our offices are open to 9pm this evening! did not answer them. All times days and dates of course any message content logged with Telephone Attendance notes_All logged I was an enforcement officer in a past life! Do I send the telephone Harassment letter on Monday? My partner, who is on Incapacity Benefit is that distressed I will have to take her out somewhere! This will all form part of my complaint to FOS! CCA Sent 14th May 2012 so is 14 working days 30th May 2012, M

Edited May 18, 2012 by Michelangelo48

[Michelangelo48]

Hi D Sorry to bother you again! I couldnt get a link to the Account In Dispute Letter again! M.

[Michelangelo48]

I Have read on the site that even when Arden were sent an Account In Dispute Letter they still called repeatedly and ignored the dispute! What happens if while I ignore their calls during the 14 days they send a debt collector to the door! M