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Debt written off due to Carers Allowance?


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reply to TS:

 

Hi,

 

Thanks for that. I will reply to Barclays and Cahoot accordingly.

 

Although i should like to clarify that my issue re Mint is down to the validity and compliance of the CCA docs themselves and not just their delay in reply, thereby going over the 12 working day response time. I have had no reply regarding this from Mint so will be asking the financial ombudsman to investigate also.

 

Regards,

 

me

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Ok.. been thinking about things the last couple of days. Trying to sort out the muddle that has been floating around in my head and making sense of it all. Want to try and get things clear again and i felt i have lost my way in terms of goals/objectives in all this lately.

 

Here's what i plan to do. Before, i was going to ignore the DCA's. After all, i sent the CCA requests to the creditors and no matter how they responded (application forms, out of date T&Cs, nothing!) i felt that they should be persued until they comply. But, in regards to Barclays and Cahoot (Barclays have sold the debt now) and who sent what i think has to be considered as properly executed agreements, it would be worth it to CCA the DCA now. They seem very poor at keeping records and replying to specifics generally so would 'probably' go over the 12 days. I certainly wouldn't be in a worse position for doing so. I will wait and see what Cahoot come up with though as at the moment they have me by the short and curlys!

 

As for the others, they have not complied, ignored or sent me rubbish CCAs and have, in many cases illegally the sold the debts to DCAs.

 

SO, to get things moving again (and after the rather poor response above from my local TS) this is the plan will i be sorting out this week:

 

Cahoot: Wait for them to pass to DCA, then CCA them.

Barclays (DCA): Send CCA

HFC (DCA): Send CCA

MBNA (DCA): Send CCA X2

Halifax (DCA): Send CCA

Mint: not passed to DCA, TS not bothered so will complain to Ombudsman

Capital One: not passed to DCA so will complain to Ombudsman

 

I won't post those letters here. They are bog standard stuff but i will update with any replies regarding the TS complaints or new CCA default/timescale.

In a way it feels like starting from scratch but i realise it isn't. My aim, if it should turn out that way, is to get thse DCAs in criminal default, then inform TS (not that they will do anything) and the Ombudsman (who hopefully will resolve things) and to end up with one of those magic letters i have seen floating about here and there "wwe are unable to fuly comply with your CCA request Mr x!!".

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Just this from Cap1 today but containing their usual ignorance and computer generated rubbish:

 

Please pay £556.33 now.

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Notice of Default served under section 87 (1) of the Consumer Credit Act 1974

 

You have breached your Capital One Credit Card Agreement by failing to pay us the minimum monthly repayments described in clause 8 of the agreement. You must pay the amount overdue, shown above. This payment must reach you Capital One account within 23 days of the date of this letter.

etc etc etc

 

Does anyone know the section of the law that states a default cannot be issued while the account is in dispute please?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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i know it appears in the Banking Code - Section 13.6 methinks... plus theres the whole data protection act element that they dont have your authority to pass your details if they do not have an executed agreement... hope this helps a bit till someone more knowledgeable arrives

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Thanks pudsters! yes that does help. Drafting a short and sweet letter to Crap1 this morning! Cheers, D :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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ah yes i see. Thanks joneshousehold! :) I will get something off to Crap1 today!

 

Had something back from Link Financial today (MBNA).

 

"You have recently made a request under Section 77/78 for copies of various documents.

 

As you are aware Link Financial purchased your debt from MBNA Europe Bank Ltd on 21 May 2007 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MBNA and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

In order for us to progress your request for copies of statements we require some additional information from you. Please can you either write to the above address or fax to 0207 793 2660 the calendar months of the statements you would like to see and we will then proceed with ordering them from the original creditor. If you would prefer to call and verbally request the statements please contact us on 0202 793 2658.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However, where cost is incurred by Link Financial for the provision of any statements by the Vendor we will pass these charges on to you.

 

You account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

Link Financial."

 

I'd like to write them back a real grudging letter... as in, that they shouldn't have bought a debt without confirming it's enforceability, (as it was in dispute at the time they bought the debts) that they are not required to demand any extra payments towards a CCA, that they have 12 + 30 and that's all, that i want all statements from day one etc etc. But, i don't want to push them so may leave it. I'm not sure yet.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Link Financial: As suspected this morning another letter from Link Financial exactly the same as the one above but for the other account.

 

Debt Managers Ltd (Barclays) We have requested a copy of the signed agreement from our client and will revert to you once this is to hand.

Also from Debt Managers:

 

Dear Mr x,

 

YOU CALL MAY BE RECORDED FOR TRAINING PURPOSES

 

Account Due To: Masterloan

 

Our Reference: ********

 

Amount Due: £5188.16

 

Client Reference: **********

 

Settlement Opportunity - up to 25%(discount available)[/

CENTER]

 

Your overdue account has been identified as qualifyinf for a discount.

We hav negotiated a range of special settlement terms with a number of or clients.

We are pleased to be able to offer you - without prejudice - a significant reduction

Call us immediately to confirm the amount and date you expect to make payment.

A dishonoured cheque will make this offer void and the full balance becaomes due immediately.

Credit and debit car payments will secure this offer on the day of your call.

Settlement of this overdue account may help to improve your financial status.

 

And directly from HFC Bank: although passed to DLRS in May: Please be advised that your account is now in arrears due to failure to make your contractual repayments and the total balance as shown above is now due in full.... trained advisors... like to assist etc etc

and from Cahoot:

 

Dear Mr x,

 

DMRS (debt management & recovery services ltd) have been instructed by Cahoot to obtain immediate settlement of the above debt.

 

Please arrange to pay this amount by return of post. If this is not possible, please call this office today on 0845 6001618 to discuss your proposals for future payments.

 

DMRS

 

I'll be CCA'ing DMRS first thing Monday morning.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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A reply from DLRS (HFC Bank), CCA:

 

Dear Mr x,

 

Thank you for your recent letter, the contents of which have been noted.

 

We refer to your section 77-78 Consumer Credit Act request, please note this was issued to you on the 23 June 2007 by special delivery.

 

We therefore return your cheque for £1 and enclose a copy of the recent request.

 

Sarah Smith

Senior Payment Advisor

HFC Bank

 

and what they sent was the same documents that i received before: priority application form, statements & T&Cs dated 06/06. (Card applied for June 2004). My reply was then that it was an application form and non-compliant etc. Looks like a letter to the Ombudsman and a reply to DLRS that i consider documentation incorrect and that the account is in dispute.

 

ALSO, a reply from the ombudsman after complaining about Mint and Crap1:

 

Dear Mr x,

 

Acknowledgement

 

Thank you for your correspondence, which has been received safely.

 

We are currently receiving very high volumes of enquiries and we will provide you with a full response as soon as we can.

 

If you need to contact us in the meantime, please quote reference number ************

 

I am not sure which creditor they are refering too though, Mint or Crap1 but i guess i'll find out when they write again.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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My reply to HFC Bank:

 

Dear Sir/Madam,

Thank you for your letter dated 9 July 2007 and received 10 July 2007 in relation to the recent CCA request to DLRS (HFC Bank).

 

As I have previously stated in my letter to you of the 27 April 2007, I regard the documentation you have supplied in regard to any CCA request to be non-compliant and have never accepted your assertion that said documentation was a properly executed agreement as laid down in the Consumer Credit Act 1974.

 

The above account has certainly been in dispute since you received my letter dated 27 April 2007 and it could be argued from the date you received the original CCA request dated 16 March 2007. Since then, you have threatened a default notice, asked for payment relating to the account number above and passed on the alleged debt to your recoveries section; DLRS. All this while the CCA request, non-compliance and dispute has been ongoing.

 

I shall now be informing the Financial Ombudsman Service with a view to resolving this matter expeditiously.

 

Please be aware that, in the meantime, i consider the account to formally still be in dispute and according to OFT Debt Collection Guidance it is an unfair practice for a creditor to continue collection activity on a debt which is being disputed.

 

Yours sincerely,

 

Me

 

CC: DLRS, Birmingham

 

Prepared a report today for the FOS about HFC (DLRS) and will pos tthat tomorrow!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Trading Standards, Cheshire:

 

Dear Mr x,

 

Re: MBNA Europe Bank Ltd

 

I write further to the receipt of your letter dated 29 June 2007 (23 actually) regarding the above company.

 

Trading Standards Service across the UK operate a 'Home Authority Principle' where any complaints or enquires which are received about a company can, if appropriate, be referred to the Athority where the Head Office of the company is based.

 

Unfortunately, as a consumer based outside of our area I am not in a position to offer you individual advice and assistance. If this is required, you would need to contact your local Trading Standards Service.

 

I believe your local Trading Standards Service is:

Torbay Council

Roebuck House

 

I have forward your documentation to them on your behalf. Thank you for drawing the matter to our attention.

 

Yours sincerely,

 

Alison Nuttal - Trading Standards Officer

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Cahoot:

 

Dear Mr x,

 

Returned Cheque

 

Please find enclosed a cheque recently sent to us to be deposited in a cahoot account. Unfortunately we are unable to process this due to the following reason:

 

Post dated/Out of date

One cheque for several accounts

Ta voucher not a cheque

Signature required

Customer surname does not match account

Do not charge for CCA: X

No cheque enclosed

No payee Stated

Name on cheque does not match to name on account

Cheque in joint name but account is single

Cheque to accepted for Cahoot savings account

Cheque to accepted for Cahoot fixed rated loan account

 

King regards

Cahoot

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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From cahoot (DMRS).

 

Dear Mr x,

 

You have failed to respond to our previous letter.

 

If you cannot make the payment in full immediately (what have i been saying for the last 8 months!), it is essential you call us on 0845 6001618 as we can help.

 

This matter will not go away, please do not ignore this letter.

 

pp Kerri Popple

Team manager

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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From Debt Managers Ltd (Barclays.)

 

NOTICE OF PROCEEDINGS - PURSUANT TO THE COUNTY COURTS ACT, 1984:

 

Despite our eariler corrspondence relating to your debt due to Masterloan in the sum of £5188.16 in relation to Debt Managers Reference: ******* we have not received payment in respect of this debt.

 

We therefore give notice pursuant to the County Courts Act, 1984, that porceedings to recover this debt, together with Solicitors fees and costs will be instigated immediately in the Rotherham County Court.

 

Details of any judgments obtained in reation to this debt may be supplied to credit referening organisations and may impede your ability to obtain credit in the future.

 

Should you wish to avoid this action IMMEDIATE payment of the full outstanding sum of £5188.16 should be made payable to Debt Managers Limited and sent to the above address. The reference number ****** should be quoted in all correspondence.

 

Should you have any queries to this matter or an alternative method of payment, telephone our Recoveries Department on 0870 050 1042.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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"You have recently made a request under Section 77/78 for copies of various documents.

 

As you are aware Link Financial purchased your debt from MBNA Europe Bank Ltd on 21 May 2007 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MBNA and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

In order for us to progress your request for copies of statements we require some additional information from you. Please can you either write to the above address or fax to 0207 793 2660 the calendar months of the statements you would like to see and we will then proceed with ordering them from the original creditor. If you would prefer to call and verbally request the statements please contact us on 0202 793 2658.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However, where cost is incurred by Link Financial for the provision of any statements by the Vendor we will pass these charges on to you.

 

You account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

Link Financial."

 

 

My reply to the above letter from Link:

 

Dear Sir/ Madam,

 

In relation to your previous letter I am afraid you seem to be under some misunderstandings as to your legal duties and obligations specifically in relation to the Consumer Credit Act 1974.

 

To assist you in clarifying your position: You state that you purchased the above alleged debts from MBNA 21 May 2007 and 20 June 2007 respectively. These accounts were formally in dispute at that time therefore it was very poor business practice of you to purchase any debt that would have been in dispute and without clarifying it’s enforceability.

 

You also state you do not always hold the documentation relating to the accounts you purchase and, again, surely it would be more prudent and ethical if you ascertained the legality of any debt through careful study of the documentation before you purchase it. And not afterwards?

 

You also seem to be confused about your legal obligations in respect to a Consumer Credit Act request. Sections 77-79 requires the creditor/owner to provide the debtor with a copy of a properly executed agreement and a statement of account on request. This includes all statements from application date to the present.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes a criminal offence. The statutory fee for said request is £1 only and a debtor is not required to pay further amounts in relation to this.

 

As MBNA have been unable to comply with a previous request under the above act then I will be most interested to see what will be forthcoming from my recent request dated 28 June 2007.

 

At this time please be aware that the statutory time limit has now passed and the following is in effect:

 

*Link Financial is in Default

*According to OFT Debt Collection Guidance it is an unfair practice for a creditor to continue collection activity on a debt which is being disputed. Nor am I obliged to offer any payment to you relating to the above alleged accounts.

* The above accounts are formally in dispute.

 

I hope this clarifies your position and If you require any further information regarding the Consumer Credit Act or OFT Guidelines the please don’t hesitate to write to the above address.

 

Yours sincerely, Me

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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From Debt Managers Ltd (Barclays.)

 

NOTICE OF PROCEEDINGS - PURSUANT TO THE COUNTY COURTS ACT, 1984:

 

Despite our eariler corrspondence relating to your debt due to Masterloan in the sum of £5188.16 in relation to Debt Managers Reference: ******* we have not received payment in respect of this debt.

 

We therefore give notice pursuant to the County Courts Act, 1984, that porceedings to recover this debt, together with Solicitors fees and costs will be instigated immediately in the Rotherham County Court.

 

Details of any judgments obtained in reation to this debt may be supplied to credit referening organisations and may impede your ability to obtain credit in the future.

 

Should you wish to avoid this action IMMEDIATE payment of the full outstanding sum of £5188.16 should be made payable to Debt Managers Limited and sent to the above address. The reference number ****** should be quoted in all correspondence.

 

Should you have any queries to this matter or an alternative method of payment, telephone our Recoveries Department on 0870 050 1042.

 

My reply to the above:

 

Dear Sir, Madam,

 

Please be advised that Debt Managers Ltd are in receipt of a Consumer Credit Act 1974 request dated 29th June 2007 and sent by recorded delivery relating to the above alleged debt.

 

As of the 19th July 2007 Debt Managers Ltd will be in default as the CCA request, to date, has not been complied with.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order.

 

According to OFT Debt Collection Guidance it is an unfair practice for a creditor to continue collection activity on a debt which is being disputed. Nor am I obliged to offer any payment to you relating to the above alleged account while said account is in formal dispute.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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The post:

 

Another FOS 'acknowledgement' letter.

 

From Mint:

Dear Mr x,

 

I am disappointed to note that you have failed to comply with our agreement.

 

Unless I receive an immediate payment to your account and regular repayments thereafter, as arranged, I will have no alternative but to place your account in the hands of external debt collecting agencies without prior warning.

 

If a money advisor is assisting you, you should bring this letter to their attention.

 

Yours Sincerely, D.L Munn

 

From Crap1:

Dear Mr x,

 

Thank you for writing to me about the default notice we've sent for your account.

 

I've sent to you again a copy of your signed application form, which also serves as your credit agreement. I've also requested a copy of your terms and conditions, which you'll receive separately.

 

We've issued a default notice on your account as it's seriously behind with payments. We also haven't received the documentation that we asked for.

 

I notice that you've notified Financial Ombudsman Service. Financial regulations require me to advise you that this is my final response in relation to this matter.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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The post today:

 

Russel Aitken, Solicitors (Debt Managers/Barclays)

 

Dear Sir/Madam,

 

Creditor: MASTERLOAN

Client Ref: ******

Ref: ******

 

Balance due £5188.16

 

We write to advise that we have received instructions from Debt Managers Ltd to proceed with immediate Court Action in respect of your account. It is our intention to issue County Court Proceedings for non payment of the above account.

 

We are sure you will wish to avoid this action bearing in mind the extra expenses and the fact that your credit rating could be seriously affected.

 

We are therefore writing to you in advance of a County Court Claim to give you a final opportunity to contact Debt Managers Ltd immediately if you want to avoid the action referred to. You may telephone them on 0870 050 1042. It should also be noted that if you are in a position to pay in full a discount for immediate settlement may be considered.

 

Also:

 

A bright yellow page;

 

**** Urgent message from Cahoot regarding your loan account****

 

On Receipt of this message please telephone:

 

0845 600 1618

 

Opening hours:

 

Monday - Thursday: 8.30am to 7.00pm

Friday : 8.30am to 5.00pm

Saturday : 9.00am to 1.30pm

 

Minicom users please dial via Typetalk on 18001 0845 6060482

 

********* **********

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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From Crap1

Dear Mr X,

 

Thank you for your recent enquiry. I have enclosed a copy of your agreement for your credit card account. Please keep these details for future reference.

 

The document attached sets out the current terms of your agreement with us. It also includes information under the headings 'APR' and "Total Charge for Credit' which do not reflect your current terms and were the case at the your account was set up.

 

That's interesting because they sent me T&Cs referring under 'key information' to the £12 charge although i applied for the card 09.2003. It's all one document so i don't know what they are on about.

Just noticed the interest rate as well... 35.93%!! No wonder creditors are all rich!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Standard printed ticked box type reply from Debt managers today:

 

We refer to your corresondence of 18/07/07. We write to advise that we are not in Default as we acknowledged your request for a copy of the signed agreement on 05/07/07 (copy attached). We are still awaiting a response from our client and will revert to you as soon as this is to hand.

 

The 12 days for CCA expired on the 12th June. I guess they are saying that if they acknowledge the request then the law's timescale doesn't apply to them?!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Also today from MBNA (at the bottom of this page) in response to the following letter of 22 June:

 

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/inability 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.

 

 

Yours sincerely, me

 

AND THEIR REPLY:

 

Dear Mr x,

 

Thank you for your recent letter regarding the above accounts. I was sorry to learn that you did not feel our earlier response adequately answered all of the points you raised. I would like to take this opportunity to clarify matters further.

 

Firstly, your letter states that you no longer acknowledge the sums owed by you to MBNA under your credit agreement. We would like to clarigy that the debt is certainly still owed and payable by you.

 

The copy of the credit agreement which you receive with your credit card actually serves as your copy of that agreement for the purposes of Section 85 of the Consumer Credit Act 1974. This is sent to you in the form of a credit card mailer and comprises a credit card which is physically attached to the copy of your agreement.

 

I have today ordered a copy of your credit agreements and these will be issued to you shortly under separate cover. You may note that the copies of your credit agreements do not include a signature by or on behalf of MBNA. The signature has been deliberately omitted, as MBNA is permitted by law to serve you a copy of the credit agreement without including the signatures and certain other specified information. This does not affect the validity of the credit agreement or the copy we have served for you.

 

If a lender did fail to comply with S.78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S.78 was satisfied) - but the underlaying credit agreement itself, together with the borrower's obligation to repay, remains valid and intact. For the avoidance of any doubt, we would like to confirm that MBNA has responded in full to the request you made under S.78; and in any event, your credit agreement remains valid and your obligations to repay remains intact.

 

Your letter does advise that you consider the accounts t be in dispute. I trust you note we have fulfilled our obligations in regards to S.78, and that we do not accept that the accounts are in dispute. I must advise that it is the responsibility of the customer to maintain contractual payments even when as account is in such a position.

 

I would also like the clarify the issue of the unrecognised account numbers. When an account is sold, we autmatically create a new account number for the agents purchasing the debt. The account numbers given on the letters sent confirming sale of the debt relate to the original account numbers as follows:

 

Account number xxxxxxx is related to account xxxxxxx

Account number xxxxxxx is related to account xxxxxxx

 

Unfortunately, I can only reiterate our previous position in regard to the sale of the debts to external agencies. We had already fulfilled our obligation in regard to section 78 and although the copies of the agreements were not issued when your original letter was received, the issue of these would not have prevented your accounts defaulting and being sold. The terms and conditions of your dredit card clearly state that we are permitted to take this action.

 

I must inform you that this is our final response. If you remain dissatisfied, you may refer your complaint to the Financial Ombudsman Service, within six months of the date of this final response. Their address is:

 

FOS

South Quay Plaza

London

 

I have enclosed the FOS leaflet for your information. We will not enter into any further correspondence regarding this matter, unless instructed to do so by the Financial Ombudsman Service.

 

Yours sincerely,

 

Gail Powell

Vice President - MBNA

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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MBNA:

 

Dear Mr x,

 

I write further to our letter 20 July 2007. I enclose a copy of your application form for the above account as advised in that communication.

 

Yours sincerely,

Kate Baldwin

Customer Advocate Case Officer

 

What they have sent is again the single page marked 'credit card agreement regulated by the consumer credit act 1974'.

 

Also from Cahoot today (debt management & recovery services):

 

Dear Mr X,

 

FINAL NOTICE

 

As you have note paid the money you owe, I am serving you with notice that your loan account is being returned to Cahoot. This will result in further action being taken to recver the debt.

 

Please note that we are now able to offer you a dsicount to the above balance, if you are prepared to make a single partial payment.

 

I would ask you to call this office on 0845 6001618, where we can advise you of the specific discount that we can offer you, and agree a mutually acceptable date on which this payment is made.

 

This offer is valid for 10 days from the date of this letter.

Yours sincerely,

pp Kerri Popple

Team Manager

 

Debt Management and Recovery Services is part of Abbey National plc

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Keep going

I will be watching with interest

fantastic reading and i'm sure others will learn from you

 

Thanks Gill5blue! Appreciate the comment and will continue til i see that light at the end of the tunnel! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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The post today:

 

From Debt Managers: (Barclays/Russel Aitken)

 

You have failed to respond to our previous communications. therefore our doorstep agents have now been instructed to call at your address to collect the full amount owed.

 

You have a final opportunity to prevent this happening by simply calling the above number. You may even be entitled to a discount of up to 30% (without predjudice) for an immediate settlement.

 

Failure to respond to this letter will result in our agent calling.

 

The last I heard from Debt Managers was the letter stating they were not in default of a CCA request and that they were awaiting those documents from their client - Barclays.

I did receive the letter also from Russel Aitkens stating their intention to start court proceedings after receiving instructions of the same from Debt Managers! Well, get on with it then and take me to court if you are going to! geez

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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