Debt written off due to Carers Allowance?

[davey77]

So far just a standard printed letter from Cap One.They wanted an up to date financial statement and are now 'considering further action' and may issue a default etc etc etc. They can get knotted and i'll wait for TS to reply to my complaint about them sending me an application form instead of a CCA.

 

Also, and this one isn't so good, Cahoot have come up with a CCA after months of ignoring the request. Interestingly this is a week after informing TS. Not a coincidence i think. Anyway, it looks ok and in line with being properly executed (as was Barclays) so i think i am stuffed on this one and not sure what to do about it but always interested and greatful in what others here think...

 

http://i157.photobucket.com/albums/t42/davey77_2007/Cahoot-CCA-1.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/Cahoot-CCA.jpg

[Pliny the Penuriosus]

davey did you blank out the signature?

[davey77]

yes pliny i did..

[gill5blue]

hello

was looking at your scanned copies from mbna, on 4.jpeg it says at the bottom about clicking on a link?, so it seems to me this a copy printed from their web page, i went and had a look and it is on mbna web site

have you looked?

good luck

[Cornucopia]

hello

was looking at your scanned copies from mbna, on 4.jpeg it says at the bottom about clicking on a link?, so it seems to me this a copy printed from their web page, i went and had a look and it is on mbna web site

have you looked?

good luck

 

Well spotted Gill, however, I MIGHT have spotted it HAD YOU STUCK IT IN THE POST TO ME DAVEY.........:rolleyes::rolleyes:

 

I will get onto the other stuff at some point tomorrow.......but I may have to start blackmailing you........

[davey77]

Hi Gill.. yes i noticed that. It's because that was (like all my debts) an online application i guess. MBNA are supposed to be getting back to me by the 12th June regarding my non-compliance letter about these documents...we shall see..!

 

awwww Corn. Don't shoot at me with your big gun! lol Sorry, i haven't forgotton honest.. They are right next to me in an envelope and i will get them out to you today, no probs

[davey77]

Just had the post in. Capital One again. Usual printed rubbish.."We have not yet received the income expenditure form that we sent to you. If we don't receive this in the next 14 days we will assume that you no longer need our specialist help in managing your credit card"

What specialist help have i ever had from them anyway!

 

And from HFC: "Thank you for your recent (8th May!) contact informing me of your complaint. Your comments are extremely valuable to me and I am very concerned that you are unhappy with HFC Bank.

 

I am personally addressing the issues that you have raised and will carry out an investigation of the situation on your behalf. I will examine the background carefully and reply to you shortly.

 

Margaret Neal

Customer Service Advisor

Executive Complaints Consumer Finance

[davey77]

A reply from TS birmingham re non CCA from HFC Bank and passing the debt to DLRS:

 

Dear mr x,

 

Re: Debt Recovery and Litigation Services

 

Thank you for your complaint regarding the above trader.

 

Since you do not live in the Birmingham area this department is not authorised to deal with your complaint. I have passed your letter and documents to:-

 

Devon County Council

Trading Standards Service

 

Yours sincerely, S. Phillips. pp

 

re the above trader (DLRS)? what? My complaint was about HFC Bank for the most part. ugh, Are they giving me the brush off? I suspect so.

[Cornucopia]

A reply from TS birmingham re non CCA from HFC Bank and passing the debt to DLRS:

 

Dear mr x,

 

Re: Debt Recovery and Litigation Services

 

Thank you for your complaint regarding the above trader.

 

Since you do not live in the Birmingham area this department is not authorised to deal with your complaint. I have passed your letter and documents to:-

 

Devon County Council

Trading Standards Service

 

Yours sincerely, S. Phillips. pp

 

re the above trader (DLRS)? what? My complaint was about HFC Bank for the most part. ugh, Are they giving me the brush off? I suspect so.

 

Davey, got your stuff, thanks, can I speak to you? Am in now, can you pm me your phone number?

 

Thanks!

[davey77]

Today. From MBNA.. they have sold the other debt to Link Financial. Still waiting for their response to my complaint due by tomorrow!

 

and from Trading Standings - West Yorkshire re Halifax.

 

"Thank you for your recent communication regarding the above company.

 

The matter has been referred to our Fair Trading section.

 

You are correct in stating that, whilst your request remains unaddressed, the debt cannot be enforced. However, once the creditor complies with the requirement, the transfer of the account to a debt collector is a distanct possibility.

 

Yours sincerely, Christopher Frank"

[davey77]

The post today:

 

Trading Standards (southend-on-sea) re Mint CCA.

 

This is to acknowledge receipt of your letter dated 31st May wherein you wish to report a breach of the consumer credit act 1974.

 

I have today phoned and then faxed through your letter to Torbay Trading Standards, as any potenial offence would be in their area of responsibility, for them to deal with. It is not a matter for Southend Trading Standards.

 

Torbay Trading Standards should be in contact with you within the next few days.

 

... and from Blair, Oliver & Scott:

 

Dear Sir/Madam,

 

THIS LETTER REQUIRES YOUR ACTION

 

Client: HALIFAX

 

Despite several attempts to contact you, you have failed to respond to our requests for repayment of the above account.

 

Our client has issued strict instructions that we are to recover the full balance from you. If you call us our operators will be able to talk you through your repayment options. If you do not contact us you will face the possibility of further action being taken to recover this debt. This may include:

One of our debt collectors calling at your address; or Legal action through your local court.

 

It is in your best interests to call us today on the helpline number below to discuss the repayment of your balance with our operators.

 

D. Hood

B,O & S.

[Pliny the Penuriosus]

Do them a favour send them a copy of the CCA 1974. They need it

[davey77]

They sure do don't they Pliny! Obviously this letter i sent on the 24th of May to B,O & S was totally ignored:

 

Dear Sir/Madam,

In reference to your recent communication dated 22nd may 2007 and regarding the above account I must inform you that currently Halifax are in breach of the Consumer Credit Act 1974 in exceeding the statutory time limit in regard to a CCA request.

 

The request, in accordance with the Consumer Credit Act 1974 [sections 77−79] contained the statutory fee of £1, was sent by recorded delivery 20th March 2007. The cheque for £1 (No. 000565) having been cashed 4th April 2007.

 

Halifax have, since the 6th April 2007 been in default, (non-compliance of the above request) and since the 6th May have committed a criminal offence in not supplying a properly executed agreement making the alleged debt unenforceable with or without a court order.

 

My last communication to Halifax dated 8th May clearly stipulated that unless i heard from them in regard to the above request within 10 days of the date of that letter i would be reporting their breach of the Consumer Credit Act to the relevant authorities.

 

I am currently in the process of compiling such a report to the Information Commissioner's Office, Trading Standards and Office of Fair Trading.

 

I therefore do not acknowledge any debt to your company and suggest that if you require further information on this matter that you contact Halifax directly for clarification.

 

I am going to write a strong letter to Halifax today regarding the passing of the debt to B,O & S. Nothing heard yet from TS re my complaint with Halifax yet. Or for that matter a reply from MBNA which they said would be with me by the 12th June.

[davey77]

Thinking fo sending this to Cahoot and Barclays who both came uo with the CCA. Although Barclays did it in 3 weeks and Cahoot took almost 3 months. Notice that i acknowledge the documents they sent, but i don't admit they are compliant:

 

Dear Sir/Madam,

Thank you for the recent documents which i received relating to the CCA request sent by recorded delivery dated 19th March 2007.

 

Unfortunately my circumstances have, as you are fully aware, not changed as a full time carer for my 71 yr old mother. In recent months you have received from myself several times over a great deal of information relating to my personal circumstances, including level of total debt, financial statements and copies of benefit entitlement letters (Carers Allowance, Income Support, Housing Benefit).

 

The communication between us seems not to have moved forward at all since first communicating my difficult situation to you in November 2006 and I am no longer prepared or able to continue along these lines with no progress or accommodation being reached due to the long term and stressful nature of my situation.

 

I therefore suggest you take me to court at your earliest convenience to resolve this matter once and for all.

 

For your interest my argument will be:

 

* To show my honest and faithful written communication to Cahoot over the last 7 months with little compromise or sympathy from Cahoot regarding my status as a Full Time Carer.

 

* To ask that the interest and charges that have been applied to the debt are justified in detail to the Judge

 

* To point out that the documents relating to the original CCA request were 10 weeks from the date of receipt to the date of delivery and thereby Cahoot committed a criminal offence under the Consumer Credit Act 1974.

 

I look forward to receiving your prompt reply,

[davey77]

From HFC Bank:

 

I am writing further to your recent complaint, I am sorry to learn that you remain dissatisfied with your previous communication with Sarah Smith. The details of your complaint have now been escalated to me in accordance with HFC Bank's complaint handling procedure. Please accept my apologies for the delay in responding to you.

 

Following a thorough investigation regarding the details of your complaint, this final response letter is now being issued.

 

The above account is a credit card account which was opened in June 2004. The current credit limit is £4650 and your balance as at today's date is £5023.

 

On 16th March 2007 (actually 12th Feb) you wrote to this office and advised that due to financial difficulties you were unable to repay the balance outstanding and requested that we wrote off the debt (First correspondense Nov 2006)

You also made a request under the Consumer Credit Act 1974 to have a copy of the agreement and a breakdown of the interest and charges which may have been applied to your account.

 

My colleague, Mr J Siggers responded 20th April and for ease of reference I have enclosed a copy of his letter.

 

On 27 April 2007 you replied to this letter and advised that you did not consider the copy of the agreement which we had enclosed with our letter to be acceptable. You advised that it was a copy of the application form therefore pre-contractual and requested a true copy of the agreement.

 

My colleague, Sarah Smith responded on 2 May 2007 and again for ease of reference I have enclosed a copy of her reply.

 

Your letter dated 8 May 2007 was received into this office on 17th May. You requested a properly executed agreement and not a pre-contractual copy of the application form and therefore, as this has not been supplied, you advised that we are in breach of our legal duties under the Consumer Credit act 1974.

 

The above account is a credit card agreement therefore, as detailed in the agreement, a copy of which I have enclosed with this letter, upon signing the appication form you were made aware that, and I quote from the application form "This is a credit agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by it's terms" You have signed the form and dated it 3rd June 2004, thereby agreeing to the terms and conditions of the card.

 

In summary, we do not feel that we have acted incorrectly with reagrd to this matter and you will remain liable for the debt.

 

We recognisethat this is not the response that you were hoping for. Should you wish to take this matter further, please contact the Financial Ombudsman Service.

You now have six months from the date of this letter to contact the Financial Ombudsman service and we have enclosed a leaflet for your information.

 

Karen Pointon

Exec complaints dept

[davey77]

The post today:

 

 

West Yorkshire Trading Standards - Halifax CCA

 

Further to my letter 8 June, our Fair Trading section has decreed that the case should be referred to your local Trading Standards dept. I have therefore forwarded your correspondence to the following address:

 

TS

Torbay Council

 

According to the referral protocol currently in force, you should be contacted by the aforementioned authority within the next ten days.

 

I hope that the matter is resolved to your satisfaction with the minimum of further inconvenience.

 

C. Frank

 

And from TS - Sheffield:

 

Dear Mr x,

 

I refer to your recent letter regarding Cahoot (Abbey National plc) and the alleged failure by the company to provide a copy of a regulated consumer credit agreement. Whilst I have recorded the details of your complaint, I note that you are resident in Devon and that the compant head office is at the following address:

 

Abbey National plc

Regents Place

London

 

given your address and the location of the compant, this service is unable to assist you in this matter. It might be prudent to inform your local trading standards of the issue, whose postal address is shown below.

Devon County council, Exeter, etc etc

 

Thank you for your enquiry.

 

Phillip Glaves

[davey77]

The post:

 

Finally a reply from MBNA:

 

Thank you for your letter dated 12 May 2007.

 

I write in reference to the default and sale of your account to Link Financial. We responded to an earlier complaint you made in jan 2007, advising that as a courtesy we had suppressed your fees and interest, and that we would need a larger payment to be able to set up your account on a reduced payment plan to avoid a default being registered against you.

 

As set out clearly in your terms and conditions we were within our rights to do this; therefore, we will not be recalling your account from Link Financial, nor will we be removing the default from your credit file.

 

Thank you once again for taking the time to contact us..... if we do don't hear from you within eight weeks of the date of this letter we will assume that the matter is closed.

 

Joanne Johnson

Customer Advocate Office Manager

 

The point is the account was in dispute and they had not complied with the CCA (s) but they sold it anyway. It was the kind of answer i was expecting!

[davey77]

my answer to MBNA:

 

Thank you for your letter dated 11 June 2007.

 

In reference to the selling of the alleged debts to Link Financial and other matters included in your recent letter you seem to have ignored the detail of my previous correspondence regarding several clearly specified points. For ease of reference:

 

19 April 2007 I sent a request for the Credit Card Agreements under the terms of the Consumer Credit Act 1974 (S77/79).

 

8 May 2007 I received a letter stating that one of the alleged debts (whose account number i did not recognise on the letter) had been sold to Link Financial. Up to this point I had not received any documentation relating to the CCA request of 19 April therefore putting the account in dispute and rendering the alleged debt unenforceable.

 

On the 12th May I wrote to Stewart Johnson raising my concerns that no CCA documentation had be forthcoming, stating that a debt cannot be sold to a third party if the account is in dispute and asking, again, that the CCA’s be complied with or written confirmation that MBNA were unable to do so.

 

On the 18 May 2007 i received documentation in reference to my original request under the Consumer Credit Act. My reply to this dated 19 May stated that i did not consider those documents to constitute a properly executed agreement and that the alleged debts should not be sold while an account is in dispute.

 

On the 7 June 2007 i received a letter stating that a debt had been sold to Link Financial and again, with an account number i did not recognise.

 

As you will clearly see MBNA have not acted properly in regard to this matter or given a satisfactory explanation for the delay in supplying any documentation relating to a properly executed agreement or supplied a satisfactory answer as to the legality of selling a debt to a third party while an account is in dispute.

 

Therefore, a report will be compiled and sent to Trading Standards and the Financial Ombudsman and as a consequence the accounts are still formally in dispute and I do not acknowledge any debt to MBNA or any third party and will await the outcome of any investigations by the above mentioned organisations.

[davey77]

To TS-Chester.

 

Dear Sir/Madam,

 

I wish to report a breach of the Consumer Credit Act 1974 (Sections 77-79) in relation to a Consumer Credit Act request that has not been complied with by MBNA Europe Bank Ltd.

 

The request in relation to account numbers *********** and ********* were sent 19th April 2007.

 

8 May 2007 I received a letter stating that one of the alleged debts (whose account number i did not recognise on the letter) had been sold to Link Financial.

 

A follow up letter dated 12th May 2007 to Stewart Johnson (Assistant Vice President) reminded MBNA of their legal obligations in supplying a properly executed agreement and to state that while an account is in dispute a debt cannot be enforced or sold to a third party.

 

I eventually received documentation from MBNA on the 18th May 2007 in response to the original CCA request which was a jumble of paper work: application form, one statement and terms and conditions unrelated to the period of application of the above card accounts and in my view did not constitute properly executed agreements as is required under the Consumer Credit Act 1974.

 

My reply dated 19th May 2007 was to inform MBNA Bank of their error in sending such inadequate non-compliant documentation; to state that MBNA were in possession of the CCA requests and had not complied with them when the alleged debt was sold to link Financial; and that a debt should not be sold while an account is in dispute.

 

On the 7 June 2007 i received a letter stating that a debt had been sold to Link Financial and again, with an account number i did not recognise.

 

MBNA’s reply dated 11 June contained their refusal to remove a default from my credit file or to revoke the selling of the alleged debts to Link financial and contained no response as to my previous and numerous communication to be supplied with a properly executed agreement for the above mentioned accounts.

 

It is my understanding that while the CCA request has not been complied with within the statutory time frame that an account is then in dispute and legally unenforceable and that the creditor is then in Default.

 

I also understand that while an account is in dispute that a creditor cannot pass or sell a debt to a third party or issue a Default on a consumers credit file and since I sent the CCA request I have had no satisfactory explanation from MBNA regarding the failure to supply a properly executed agreement/s.

 

I ask that you investigate these breaches by MBNA and enclose copies of letters sent to MBNA dating from the original CCA request of 19 April 2007.

 

Please write to the above address if your require further information.

 

Yours sincerely, Me

[davey77]

The post:

 

From HFC Bank.

 

HFC Bank would like to help you settle your account

 

FOR A LIMITED TIME ONLY

strictly without prejudice

 

We will accept just 50% of the

outstanding balance on your account

 

We appreciate that you are finding payment of this account difficult and to help you resolve the matter we are prepared to offer you a substantial discount in the amount owing if you are able to settle the account.

Ideally, the reduced amount should be paid in a single payment, although we are prepared to discuss payment of the reduced amounts in instalments.

following receipt of your payment/s, we will notify the Credit Reference Agnecies, that we have accepted a reduced settlement to satisfy the account. Please be aware, that although the account will be marked as satisfied, the original default will remain on your credit records for a period of 6 years. The reduced settlement notification and the default may be taken into consideration by other lenders if you apply for credit in the future.

 

Please note that this discount is valid until 29th June 2007. Thereafter, the discount shall not apply and the original amount will be due in full.

 

Call us NOW on 0800 032 8764

We are waiting to help you.

[davey77]

It seems Barclays have now passed the debt to a DCA:

 

DEBT MANAGERS LTD.

Offices in Scotland & England

 

PO Box 168

4 Jamaica Street

EDINBURGH

EH3 6UP

0870 050 1042

 

URGENT FINAL DEMAND

 

YOUR DEBT IS OVERDUE FOR PAYMENT

 

* SETTLEMENT is required now

 

* COURT ACTION may be taken without delay unless you make contact WITHIN 48 HOURS

 

* COURT COSTS may be added to your debt and INTEREST may continue to accrue

 

* FAILURE TO RESPOND to this demand may affect your ability to obtain CREDIT

 

* ALL FUTURE COMMUNICATIONS AND PAYMENTS SHOULD BE MADE TO DEBT MANAGERS LTD.

 

Client: MASTERLOAN

Reference No: ********

Amount Due: £5188.16

[davey77]

First reply from the Local TS re Mint asking for permission to share my details with them. Also i sent the CCA's from Barclays and Cahoot to see what she thinks of them. All done by email so should get a reply faster than usual. Hope it's favourable, at least in regard to Mint!

[evelyndarling]

subscribing....

[davey77]

From TS - torbay:

 

Dear Mr x

 

I have examined the Barclays and Cahoot attachments to your email and can verify that they appear to be copies of 'executed agreements' creditors are obliged to provide in response to a consumer's request under the Consumer Credit Act 1974.

 

From your previous email I see that you have also finally received the requested agreement from Mint. I have forwarded the details of your complaint to the Home Authority Trading Standards who will be able to deal with the time delay of them responding to your request and advise them accordingly.

 

Kind regards

 

Time delay? They were over the 12 days but under the 30. The issue here and rasied in my complaint was the content of the CCA!

[davey77]

Time for the Ombudsman i suppose for Mint. More letters...