claimant wanting unstay 2 claims from 2011? - letter from court - help

[AxlR]

I currently have 3 credit card debts which have been defaulted and are now with DCA's

and have been paying them off to varying degrees for 5 ish years.

 

I'm in the position where I can offer reasonable full and final settlements,

so decided to send CCA requests to them all to hopefully help me with the negotiation.

 

None of them replied within the 30 days so I stopped paying.

I'm not trying to avoid paying, just negotiate a reasonable figure.

 

I've had a response back from DLC re an MBNA card I took out in November 2002 ( I have 2 with them).

This card is showing on my credit file as defaulted in June 2010 with a balance of £11239. The current balance is £6139.

 

They've actually sent me a CCA which is signed and dated by me from 2002.

The form is signed on the front and the terms on the back, it's a cheque book sized form.

 

They've also included what looks to be reconstituted terms which is 7 pages long but not signed.

 

The signed form seems to have all of the prescribed terms, so may have made my situation worse rather than better. I've ticked the "no PPI box".

 

My query is, the signed document states 15.9% APR but the other version states 23.9%, does this make any difference?

 

I haven't sent an SAR so don't know what I was charged..

 

They're obviously asking me how I intend to clear it, which I haven't responded to yet.

I'll try and pay the £25 per month I was paying before although they've got a stronger case now.

 

Any advice would be appreciated.

[fkofilee]

Believe if its pre 2007, they need the inception T&Cs for the card... And i believe it must be the original too...

The site team should give you more info.

[AxlR]

Also, the signed terms are addressed to my old address. I've been in my current house since May 2005.

[dx100uk]

application form NOT a credit agreement ibet.

 

 

the t&C must be the right version for the date of inception

and have yu correct address for time of your card.

 

 

sounds just like what they do with CAP1 debts.

 

 

they get out their file of scanned T&C's

insert 'an' address in them

and fire them off with a copy of the application form

 

 

hoping the OP wont spot any mistakes.

 

 

that system DOES NOT satisfy a CCa request.

 

 

its abouttime the FCA/FOS did something about this dodgy practice

of trying to spoof people into these fake documents being 'real'

 

 

dx

[AxlR]

Sorry, I've only just seen this reply. The document with my signature looks like the bottom section of a form.

 

It does say credit agreement across the top and where my signature is it says "This is a credit agreement regulated by the Consumer Credit Act 1974(?)"

 

Are you saying that it's not enough for them to enforce?

[dx100uk]

doubtful.

 

 

I've moved you to the MBNA forum.

 

 

there are numerous threads here regarding the application forms and the correct T&C's that must be with them

for the application forum to be an actual agreement.

 

 

please scan up what you have received.

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

[AxlR]

Will do. Thanks for your help.

[AxlR]

Reply from DLC attached as requested. The debt shows on my CRA as Hillesden but I've been dealing with DLC.

 

The address on the signed form is my old one, but the one on the terms is my existing one.

 

APR on the signed form is 15.9% but 23.9% on the terms.

 

Also, the default charges on the terms are £12 even though the original form is from 2002.

 

The enclosed terms clearly aren't those applicable at the time that I signed.

 

Any suggestions as what to do next gratefully received.

 

Thanks

Edited January 19, 2015 by dx100uk
atts shrunk and rotated

[dx100uk]

yep well spotted

 

 

dx

[AxlR]

Great, thanks.

 

 

What you suggest I do next,

 

 

write back explaining that these aren't the terms and as such they haven't complied or just ignore them from now on?

[dx100uk]

you don't tip them off .

 

 

see what happens

 

 

let us know w hat the next threat-o-gram says.

dx

[AxlR]

Cheers

[AxlR]

Reply to SARs from DLC re both accounts.

 

There's no information whatsoever from the original creditor (MBNA).

 

They say that they don't have copies of the default notices because they outsource them(?),

but have attached a copy of a template default letter and the data that would have been used to create them?

 

 

Both debts show on my CRA as originally being with MBNA, defaulted in 2010 and settled (one in 2010 and one in 2014)

and are now with Hillesden and are both showing as defaulted in 2010?

 

Can they show a default if they can't provide copies of the original default notices?

 

The statements of account only show information from when the debt was bought by DLC/ Hillesden

and again they haven't included anything at all from MBNA, with no mention of any more information to come.

 

Other than copies of the original application forms and copies of reconstituted terms,

they don't appear to have any other information from MBNA.

 

 

I assume that there will be overcharges to claim back re late payments etc.,

but they obviously can't provide that information.

 

 

Where do I stand now?

 

Grateful for any feedback please.

 

 

Thanks

[dx100uk]

sar should always goto the OC

 

 

dx

[oleg]

Unfortunately they are correct wrt default notices. They are outsourced and MBNA retain only the data not the document. Many of their default notices gave insufficient remedy time but you can't prove if you didn't keep them.

 

Even if you had, it may well have been of no consequence as court often deem this to be de minimis.

 

Get SAR to MBNA sent off asap. That should produce, amongst other things, statements to enable you to reclaim penalty charges.

[AxlR]

Thanks for the info and apologies for the delay, I'll update ASAP.

[AxlR]

I've had letters from DLC re both accounts. I haven't made a payment since I started this process. They're threatening to proceed with a court claim that they originally started in September 2011 but was stayed because I re-set up a regular payment. They're quoting the original claim numbers.

 

Any feedback as to how likely this will be? Can it be stayed this long, or would they need to start again?

 

As above they don't have the original terms, only the applications and reconstituted terms.

 

Thanks in advance.

[AxlR]

Also, I've had my SAR back from MBNA.

 

I've calculated that, going back 6 years, I've been charged a total of £5821 in late fees and "Finance Charges". I think the finance charges may be interest, so I'm not sure they're reclaimable? With 8% applied, it comes to £8975.

 

Can someone advise as to what, how far back and how I can claim back penalty charges please.?

 

Thanks again

Edited March 30, 2015 by AxlR

[dx100uk]

you use their int rate and the CIsheet

put their int rate in cell d15

 

 

put in those outside of 6yrs

cant hurt

you cant input their finance charges [interest]

[dx100uk]

I've had letters from DLC re both accounts. I haven't made a payment since I started this process. They're threatening to proceed with a court claim that they originally started in September 2011 but was stayed because I re-set up a regular payment. They're quoting the original claim numbers.

 

Any feedback as to how likely this will be? Can it be stayed this long, or would they need to start again?

 

As above they don't have the original terms, only the applications and reconstituted terms.

 

Thanks in advance.

 

 

so theres an old court case you didn't tell us about?

 

 

dx

[AxlR]

Not really. I missed a payment because I was away and when I got back claim papers had been sent. I made the payment straight away plus costs and they stopped the claim, that's as far as it went.

 

They're making out as though it's stayed, although I'm not sure what the official status with the court is.

 

Thanks again for the input

[fkofilee]

Well ring them... Like now!

Find out... Worst thing is having a case hanging over your head...

[AxlR]

Done that. There are 2 claims from September 2011.

 

 

The claims are stayed because there's been no activity,

 

 

I thought they were closed to be honest.

 

There's been nothing submitted by Hillesden, so they would need to apply to have both claims unstayed (if that's the word) give their reasons why and pay a fee.

 

They're saying they've abided by my s78 request.

 

 

I don't believe they have provided the original credit agreements,

 

 

just application forms with reconstituted terms.

 

Any suggestions welcome.

 

Thanks

[dx100uk]

ok that's great

 

 

until/unless they supply an enforceable agreement

and pay to lift the stay

 

 

and the court writes to tell you so

IMHO you ignore them

 

 

willy waving!

 

 

 

 

dx

[AxlR]

OK, thanks again.

 

I won't be waving back though!

 

P.S. I've just made a donation. I think what you're doing here is brilliant.