old [8yrs] MBNA CC debt - claim form received - help please novice here

[dx100uk]

so are you saying this debt does not show anywhere on your CRA file?

 

dx

[dx100uk]

when was the last time you paid them?

 

i find it strange its not showing.

 

havev you moved in the years you go this and are all your old addresses showing

 

seems strange aplins have the correct? address for you but its not showing.

 

certainly do not converse on the phone to anyone about your debts.

 

i'd fire off a CCA request to them RD tomorrow....

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

 

incase this does turm serious

 

i'd get an SAR off to MBNA too

 

gathering data time.

 

dx

[dx100uk]

send the cca to aplins

 

 

do it recorded delivery tomorrow

 

you indicate that you have statements?

 

do you have all of them from day one?

 

if not sar mbna too.

 

did this debt ever show on your cra file do you know?

 

it could be that it was defaulted more than 6yrs ago

if that is the case

then paid or not, it would vanish.

 

this leaves the fact that as you have paid within the last 6yrs sadly it wont be stateute barred

 

so there 'claim' hold some merit.

 

what other letter have you had before the aplins one you posted up

 

put those up too if you can.

 

ever had any discount letters on the debt?

 

this could be a good sign there are penalty charges to reclaim [£12 fees]

 

was there ever any result if PPI is involved too?

 

£10k is a hell of a balance for a credit card company to sell on

that again is a good sign something is wrong with the assignment etc.

 

can you remember how much was on the card around the time it went bad

 

dx

[dx100uk]

no bother , i cant say i hold much hope of them enforcing this

 

it COULD just be athreat

but you need belt n braces approach.

 

have you ever seen this on your cra file?

 

dx

[dx100uk]

thanks andy

i'll add that to that version

 

didn't spot it wasn't there

 

dx

[dx100uk]

matters not use it.

 

dx

[dx100uk]

the other cra's are below

 

those dlc statements are not staements just printed speculative figures.

 

wont stand up in court.

 

dx

[dx100uk]

I did reply...funny

 

await the sar return.

 

dx

[dx100uk]

no stress needed

 

6yrs account drop off will be 1.3.14

 

so sb date will be upto 6mts before this

 

so I doubt they'll do anything.

 

let me look at those statements again.

 

dx

[dx100uk]

as an aside those statements are pants

 

if you look closely

 

there are NO DATES just a full balance owing

 

and to complete the CCA return they also should send a statement of account

 

did you also get a copy of the agreement with your name and address correct at the time of the agreement

and a copy of the t&c's for the date you took it out.

 

write back with the failure to comply letter

[dx100uk]

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

 

 

we have seen that aplin letter before

and it resulted in nothing.

 

their third & fourth paragraphs' rather questionable

 

how can they KNOW a judge WILL grant a CCJ?

 

urm..........

 

dx

[dx100uk]

my letter is for the failure to comply PROPERLY

with the CCA request

and include what they should send

 

don't ell them WHAT is wrong with the CCA request reply

just send the letter

firmly puts the ball back in their court.

 

dx

[dx100uk]

usual drivel

 

i'd sit on your hands for now.

 

dx

[dx100uk]

what original court appearance?

 

dx

[dx100uk]

no it didn't say that

 

it said every word bar WILL

 

read it properly

 

dx

[dx100uk]

post 8 post 21

 

you need to find out why they sold a debt of £10k

 

and how it got to £10k

 

dx

[dx100uk]

finance charge is prob the interest allowed

 

tot up late fees or any 'fixed sum' re-occurring fees

 

you have the sar you need to go through it with a fine toothed comb.

 

when does it say your last payment/use was?

 

dx

[dx100uk]

i'l pop in later

 

dx

[dx100uk]

put those PENALTY charges in the FOSCISHEET spreadsheet using

MBNA's APR in cell D15

 

finance charges are INTEREST - purchase/cash/bal transfer [prob] cant reclaim

however

they can send you as many letters as they like

 

can we confirm please

this debt DOES NOT show on your cra file?

the last payment was 1st mar 2008

[so Sb'd march next year?]

pers i'd do nothing bar the spready

 

This fourth spreadsheet is useful in calculating a regulatory based compound interest award for PPI on a Revolving Credit Account. Or for a PENALTY charges Reclaim. Not all statements are required for this sheet because it will work out the compound interest on the PPI payments you do know about. It will not work out the additional 8% interest, to do that you will need spreadsheet three above AND all of your statements.

 

FosCISheet v101.xls

 

dx

[dx100uk]

you get better!

 

dx

[dx100uk]

if its the std aplins letter

 

read it carefully

 

if doesn't actually say will.

 

its an if or maybe letter.

 

scan it up

 

dx

[dx100uk]

3rd time for that letter then!!

 

court in 14 days

 

2 mts later

 

another that says court in 14 days

 

then more time

then court in 14days.

 

CRAP!!

 

i'm gonna jump

I will jump

 

oh no I wont.

 

 

dx

[dx100uk]

you got exactly the same letter in march

 

tells you something?

 

dx

[dx100uk]

there is no dead line.

 

ignore them

 

dx

[dx100uk]

you are going away and getting on with your life

 

no original creditor, let alone MBNA sell a £10k debt

without taking it to court

 

there is a VERY GOOD REASON

why they sold it

 

YOU are the one with all the info from the SAR returm.

 

go through it

and findout WHY it has been sold on.

 

its a toxic lemon debt.

 

if a big multi international company has sold it on

and its £10k+ in size

why did they not take you to court.....

 

try and work it out for yourself.

 

dx