Debt written off due to Carers Allowance?

[Cornucopia]

I was wondering does anyone know what the law is regarding the liability of someone else to contribute to payment your own debts? I mean, a spouse can be asked to help repay can't they but what about a parent? In my case, my mother living in a joint tenancy although the debts are in my name can a creditor (for bunkrupty or before that stage) ask for my Mother's assests or income to be taken into account in repaying a debt?

 

I am composing my letter (writing off the debt) and am stating i have nothing to liquidate and no assests but want to make sure the creditors can't turn round and say well, your mum bought the tv and you both watch it so sell that, kind of thing.

 

Hi there, I am so sorry to hear about your predicament. I would not usually advise bankruptcy (and neither am I qualified to!) but I do think you should give it due consideration. Please consider speaking with Consumer Credit Counselling Service or National Debtline before you make any decisions. I don't believe that your Mother's assets or income could be taken into account, unless any of the accounts are in joint names with her, which I assume is not the case. There is already a letter in the templates library where you can ask your lender to consider writing off your debts. It is important that you include a full asset and expenditure breakdown in order that they can see that you really can't pay the money back. Include everything you can ie : bank statements (but with account details etc blanked out). You might be lucky, but with such large amounts I think they will want at least something back. Could I just ask? I notice in one of your earlier posts that you say you are not claiming back charges because you haven't made payment towards the debts at all. You surely don't mean that you have never paid towards them? I assumed that you stopped paying or asked for reduced payments because your circumstances changed. If this is the case, then you are perfectly entitled to claim back every penny in charges plus contractual interest. This could reduce the sum significantly under the circumstances so I would advise you to not hesitate to follow us all on here!

 

You seriously need to take professional advice with this and I would delay no further in contacting one of the two agencies I mentioned above. I guess it may also be possible for you to come to an arrangement with your lenders where they might accept a settlement figure and reduce the debt substantially, but I am not sure that they will not want this in a lump sum rather than small payments towards it. I hope that makes sense!

 

Please keep us posted and do check out the template before you post your letter to ensure you have everything covered.

 

Good luck!

[Cornucopia]

Thanks Cornucopia. I rang National Debtline when i first started out on this rocky road and there are certainly very friendly and helpful. Perhaps i will ring again now my situation has changed.

I couldn't find the letter in the templates library re write off debts. I'll keep looking though.

I'm having trouble getting my head round this claiming charges business but i'll sit down and go through it in more detail here when i have a free moment. From what i read so far i didn't believe i was entitled to claim back anything as i paid my monthly credit card bills on time and when i realised i wasn't going to be able to keep up payments i wrote to them all and told them just that and from that day on i haven't paid anything. I haven't got any money lol Yes they have lumped on interest and charges to my statements but i have never paid anything towards them and don't intend to either.. so think i am right in beleiving there is nothing for me to claim back. I'll do some more reading though...

 

Hi Davey, please do consider ringing National Debtline or CCCS again, I see that somebody has posted below the letter from the templates library that asks your creditors to write off your debts. While you letter was beautifully composed, I too feel it has far too much information and you need to keep it short and concise. You are wrong in believing that you cannot claim back charges. Had they not lumped them on, the situation would probably not be as severe, so go ahead and get them back!

 

I would still research bankruptcy. I don't think an IVA or DMP would be right for you, certainly IVA's cost money to run and you could really do without that. If you have no disposable income then a DMP is not going to work either. At least with bankruptcy, they will all be off your back and you can work towards discharge. Yes, your credit record will be marked for 6 years but after that you have a clean slate and it has got to be better than all this worry. Obviously, if your creditors do agree to wipe off your debts, then you won't need to worry about it so perhaps wait and see what response you get first.

 

Keep us posted and good luck!

[Cornucopia]

Thanks guys (and sorry for not replying sooner). I have sent the modified and shrortened version off to all creditors but to date have no reply. Apart from the usual automated letters etc and another default for my collection. I will give them a little longer then write again this time by recorded delivery to make sure i get a personal response. I'll keep everybody posted on future developements. Cheers!

 

Thanks for the update Davey, we'll see what comes of it. I personally would have sent them recorded delivery in any event, then they can't wriggle out of it. You could telephone each of them and ask them to confirm receipt.

 

Obviously it would be sensible to wait and see what kind of feedback you get, I would be very surprised if the likes of MBNA capitulated to such a request. However, stranger things have happened........!

 

I would still consider bankruptcy at this stage, I think you'll find it to be a huge relief, have you discussed this with your Mum?

[Cornucopia]

First reply back. From Cahoot:

 

Dear Mr x,

Thank you for your letter the details of which have been noted on your account.

 

I have tried unsuccessfully to contact you by telephone today to discuss your letter and provide advice towards rectifying your concerns.

 

Whilst i fully apreciate the situation that you are currently in, i must advise you that we are unable to freeze interest and charges without an arrangement in place and we would not be able to write off the debt as you requested in your letter.

 

Please contact myself on 0845 ... ... at your earliest convenience so that we can update our records accordingly

 

Yours sincerely, K Miller

 

Update their records?! I know what that means. They can't get through because i changed my telephone number. I rang them at the start of this in Nov and the woman was totally unhelpful and wouldn't accept £5 a month (she wanted £40 and no less) and suggested I get a loan to repay them!

So i have to call them just so they can tell me there is nothing they can do to help? That's not going to happen.

 

Hi Davey, don't call them and don't give them your new number.

 

I would write to Mr Miller and state that you have already tried to make an offer of payment that was dismissed out of hand and the level of payment suggested was unrealistic under the circumstances. Continue to offer £5.00 or whatever and keep paying it, every single month.

 

To be honest, I would be very surprised if any of them agreed to write the debt off. I would still consider bankruptcy. The fact is, your credit history will already be damaged for the next six years anyway. You can be discharged from bankruptcy very quickly and start again. If you had loads of assets or a mortgage, it would be different, but you haven't. I really do think you need to have a full appointment with CCCS or National Debtline and sort this out once and for all.

 

Alternatively, you can continue to make token payments, if they take you to Court, all your circumstances will be plain for anybody to see. They can't take what you haven't got. Also, the upside of bankruptcy is that this is the last thing your creditors will want you to do because they will get nothing back. They are basically cutting of their noses to spite their face by not accepting your realistic offer. You could put in your letter that you are considering bankruptcy. It wouldn't surprise me if they decided to accept your reduced offer after all.

 

Keep us posted!

[Cornucopia]

First reply back. From Cahoot:

 

Dear Mr x,

Thank you for your letter the details of which have been noted on your account.

 

I have tried unsuccessfully to contact you by telephone today to discuss your letter and provide advice towards rectifying your concerns.

 

Whilst i fully apreciate the situation that you are currently in, i must advise you that we are unable to freeze interest and charges without an arrangement in place and we would not be able to write off the debt as you requested in your letter.

 

Please contact myself on 0845 ... ... at your earliest convenience so that we can update our records accordingly

 

Yours sincerely, K Miller

 

Update their records?! I know what that means. They can't get through because i changed my telephone number. I rang them at the start of this in Nov and the woman was totally unhelpful and wouldn't accept £5 a month (she wanted £40 and no less) and suggested I get a loan to repay them!

So i have to call them just so they can tell me there is nothing they can do to help? That's not going to happen.

 

Hi Davey, don't call them and don't give them your new number.

 

I would write to Mr Miller and state that you have already tried to make an offer of payment that was dismissed out of hand and the level of payment suggested was unrealistic under the circumstances. Continue to offer £5.00 or whatever and keep paying it, every single month.

 

To be honest, I would be very surprised if any of them agreed to write the debt off. I would still consider bankruptcy. The fact is, your credit history will already be damaged for the next six years anyway. You can be discharged from bankruptcy very quickly and start again. If you had loads of assets or a mortgage, it would be different, but you haven't. I really do think you need to have a full appointment with CCCS or National Debtline and sort this out once and for all.

 

Alternatively, you can continue to make token payments, if they take you to Court, all your circumstances will be plain for anybody to see. They can't take what you haven't got. Also, the upside of bankruptcy is that this is the last thing your creditors will want you to do because they will get nothing back. They are basically cutting of their noses to spite their face by not accepting your realistic offer. You could put in your letter that you are considering bankruptcy. It wouldn't surprise me if they decided to accept your reduced offer after all.

 

Also, don't forget to send everything recorded or at least get a certificate of posting (which costs nothing) as this would be accepted by a Judge of proof of delivery.

 

Keep us posted!

[Cornucopia]

Thanks for that! Yes all true what you say and I will follow your sound advice. Here's my reply to Cahoot: (with cerfiticate of posting for sure!)

 

Dear Sir/Madam,

Thank you for your letter received 19th Feb 2007.

 

I am disappointed you feel you are unable to give any serious consideration to my request to write off the debt owed despite having all the necessary facts regarding my financial and personal circumstances in your possession.

 

My initial contact with Cahoot via the telephone was completely unhelpful and my offer of an arrangement in the form of £5 a month was refused flatly after being informed £40 a month was the minimum required even though i stated my income was zero at that time. The suggestion I take out a loan to pay off the debt was also unhelpful and wholly inappropriate.

 

As i have stated on numerous occasions i do not discuss my debt situation over the telephone and given my experience outlined above has only galvanised that belief and for me to call Cahoot just so you can ‘update your records’ seems pointless considering you have all the facts needed to reach a final decision regarding this matter.

 

As you are aware Capitol One, Mint and now MBNA have frozen interest and charges and I await their reply regarding my request to write off my remaining debts.

I will as always keep you informed via letter should the response from my other creditors be favourable or my circumstances change (which is highly unlikely).

 

I am also giving serious consideration into the possibility of Bankruptcy as a means to resolve my long term and extremely difficult financial situation permanently as with each passing week, and letter received asking for payment, i am forced to consider any alternative solutions.

 

In the mean time i respectfully ask you review you current stance in relation to my request to write off the debt owed.

 

 

 

Yours sincerely, me

 

I think that is fine but I would rehash the paragraph about you not discussing your debt on the phone. I think it is sufficient to say that under the circumstances, you are unwilling to further discuss the situation on the telephone and for mutual clarity, you would prefer that all further correspondence is in writing only.

 

I wouldn't say that you are giving serious consideration to bankruptcy. I would be rather more blunt and say that they either accept your offer of £5.00 a month with all interest and charges frozen or you will have NO ALTERNATIVE but to file for bankruptcy.

 

I would finish with saying you are giving them further opportunity to reconsider your request that they write off the debt and look forward to their speedy response.

 

I hope this helps.

 

Good luck!

[Cornucopia]

Cheers Cornucopia.. yes, i will wiggle that about a bit and amend it. Interesting to see what their reply will be.....

 

No probs Davey, I do feel terrible for you actually, we all know how stressful debt is but we don't all have an elderly, dependant parent to care for. I know aswell how stressful it must be for you to keep this from your Mum. You might find putting her in the picture takes a bit of the pressure off, there is no shame in what has happened to you, we're all in the same boat for one reason or another.

 

The thing is, the only way to look at it is that this is not going to last forever. Especially if you do decide to go for bankruptcy in the end, it will be a huge weight lifted of your shoulders and you are a young enough to brush yourself off and start again. I know at least two people who have gone bankrupt when it all became too much (pretty much in a similar situation as you ie : no assets etc) and they have both gone on to get decent jobs and a mortgage again and keep on the straight and narrow. Everybody deserves a second chance.

 

Chin up love, there is always light at the end of the tunnel!

[Cornucopia]

Thanks for the kind words and support Cornucopia. Well, mum has already had a few financial revelations from me the last year and i really couldn't heap another one on her. It's still my hope to sort this mess out so she is none the wiser (or worried.) I certainly don't feel the pressure i used to about all this as i once did.

It's true. Nothing lasts forever and there is light at the end of the tunnel (i can see it with my binoculars lol)

 

Only reply to date is from Cahoot again this morning saying they are "..disappointed that i have not responded to their previous correspondence... pay in full... agents seeking recovery...please call etc etc"

 

Trying to put pressure on me there but the date on the letter is the same day i replied to them and as yet no others have replied yet so i'll give it a little longer and see what i get back.

 

Hi Davey, you're welcome, we are all here to support eachother! Does your Mum have no idea of the situation? I understand that this must be very difficult for you to share.

 

I think at the moment, the best thing to do is wait until you get a full response from each of the creditors. At least then, you can come back on here and we can help you make an informed decision.

 

Also, have you issued each of them with a CCA request? This can be found in the letters templates. You need to send £1.00 with each request. This will buy you some time and put the debt in dispute. It means that your creditors have to provide you with a copy of the true executed agreement for each of your accounts. If they are unable to do this, they will have great difficulty in enforcing the debt. They have 12 days to respond. If they fail to do so, they can't enforce the debt without a court order. If they fail to respond within 30 days (after the 12), they can't enforce the debt at all. They will find themselves in criminal default with the possibility of a £2,500 fine and/or 3 months imprisonment. There is a CCA thread, I think it is in the general debt forum. Have a read through. It may turn out to be another option to explore anyway.

 

Look forward to hearing an update from you!

[Cornucopia]

Hi there - well, very interesting about the CCA for sure, thanks. I will certainly go down that route and have in the mean time been waiting for any replies to my request. First one arrived this morning from Capital One:

 

"Thank you for your recent letter telling us of your current situation. We would like to help you with your account. Please send us within 28 days either:

Proof of DLA/Incap/Carers Benefit.

If you have any queries please call etc etc

 

Well, that's a better reply than i thought it would be. The others are sure taking there time to get back to me. I will give it the rest of the week and then write again to all creditors, by recorded delivery and with the a CCA request.

 

Hi Davey, hope you are well, sorry for late response! That is a better response from Crap 1! I am pretty sure (anybody else correct me if I am wrong) that they are not allowed to take benefits to repay debt as the benefits are provided by the Government for food, shelter etc.

 

I wouldn't hang about with the CCA request, I would just get them out a.s.a.p. They can do nothing until they comply with the requests. Have a read up of the Consumer Credit Act thread. I would post a link but I can't seem to do that when I try, it's a nuisance!

 

Anyway, I hope everything is otherwise good in your world and your Mum is OK?

 

Best wishes, Corn:)

[Cornucopia]

Hi Davey,

 

Hope you are well!

 

Right, firstly, write to the idiots at Barclays and tell them you no longer have a phone or a phone number but you will be happy to receive their proposals via letter.

 

MBNA, I knew they would give you a hard time, mind you, you're lucky you even got those letters, they didn't even bother with us, just defaulted and sold without telling us. Again, you must write and tell them that it must be obvious to them that as you are in receipt of carer's allowance, their proposal is unrealistic and it should be blatently obvious you don't have such a lump sum available. My worry with MBNA is if they sell the debt then you end up with an evil DCA and a possible Bailiff situation.

 

Mint, well, that is a bit more positive. It buys you three months and at a pound a go, is probably manageable.

 

However, I think you are going to have to accept that none of them are likely to write the debt off. It was worth a try but I really think you need to be more proactive now. Whilst the CCA's are in the pipeline and we will just have to see what you get back from those, I think at the moment, we will just assume they have all your agreements, properly executed (if they don't, we'll deal with that another day).

 

On that basis, it really is time to seek professional help with this. CCCS are your best option at the moment and I am BEGGING you to give them a ring and tell them your story to date. I personally think they will advise bankruptcy as it seems to me this is the only viable option at the moment. In your situation, it is certainly not the end of the world as you have no assets and will be a carer for the forseeable future. You should be discharged pretty quickly and then obviously it will remain on your file for six years, however, this is SO irrelevant because your file is frankly going to be buggered anyway for that time. It might as well be buggered with a light at the end of the tunnel which is what you will get with bankruptcy.

 

I know you don't want to go down that route, but I think you have to look at the whole picture instead of trying to fight them off month in month out. The stress must be awful. Your Mum will be upset, I am sure, but I am pretty sure that she will see you did the right thing. I know this isn't what you want to hear but I think reality bites!

 

Let me know what you think or if I can be of any further help!

 

Hope Mum OK:)

 

x

[Cornucopia]

I forgot to say, you might want to remind MBNA that given the account is in dispute (because you have issued a CCA), they cannot sell the debt until they have provided you with the information you have requested. Do the same with Barclays as they are not listening to what you are saying!

 

You could try this with the others but as they seem to be being a tiny bit more helpful, I would just wait and see what you get back first.

 

[Cornucopia]

Hello stranger! Good to see you're still out there fighting!!

 

Right, you need to write to Barclays immediately and insist that the £1.00 is removed from your account as it was to pay for the CCA request. I hope you've kept a note of when you sent them out, they must surely all be past 12 days now? You need to hang on until they are past 30 (to clarify 12 + 30) and then I will give you the letter to write to them. If you are past 12 days, they are already in default!

 

If you have issued everybody with a CCA, I would sit back and do nothing now (other than Barclays) and see what happens.

 

Hope you are well, how's your mum??

[Cornucopia]

Yes still here! Thanks for that.. Almost to the 12 day mark.. i was late getting some out.

Mums good thanks. Enjoying the sunshine! Hope all is well with you Corn!

I will be writing a very stern letter this evening to Barclays! Anyone know who i can write to higher up in the Barclays chain? I am getting nothing back from Chris Gates - Collections Manager - accept automated and pointless letters. Who's the president of Barclays Bank?

 

That's OK, just keep on eye on your dates, this is very important!

 

Am glad mum's OK, sunshine? Horrible here! Lucky you!

 

You might have to go to the Barclays forum for the Barclays contact, they will probably have all that sort of info in their stickys.

 

I am fine, thanks for asking, still fighting!!!!

 

Keep us posted hun x

[Cornucopia]

Sorry.. but i was baking in the sun yesterday!

Got the address thanks. Sending it to Barclays, Anita Hicks, Customer Relations Manager, 1 Churchill Place, London:

 

Dear Madam,

As Customer Relations Manager for Barclays I write to you as Chris Gates (Collections Manager -Kirkby) obviously is not interested in resolving, negotiating, communicating in a professional or personal manner whatsoever.

 

My letters over the last four months and their specific requests, comments, enquires therein have been deliberately ignored and fobbed-off with standard automated and repetitive replies.

 

I refer you specifically to the most recent letter received which is an exact copy of the letter sent to me 29th Nov 2006! It dared to be in the form of an ‘insufficient payment’ letter (dated 22nd march 2007) informing me that the £1 cheque sent which was received and signed for (by recorded delivery) was then cashed (23rd Mar) as a recent payment!

 

That was, as you are completely aware, NOT a payment towards my debts and i must insist that the amount of £1 be removed from my account and used as originally intended - per my request for the credit agreement under the Consumer Credit Act 1974 as specifically and clearly requested in my letter of the 16th March 2007.

 

That cheque was obviously intended for payment for said agreement as the appropriate fee under the terms of the above act and i demand it be used for that purpose.

 

If the replies to my correspondence the last 4 months have been some kind of delaying tactic that has been used against me then I must point out that a Judge will look unfavourably upon it should this ever be presented in a Court of Law.

 

(I enclose my previous communication for your benefit.)

 

Perfect, post it!

[Cornucopia]

HFC have today sent me a default notice and Cahoot an intention to default letter. Can they still do that as they are both over the 12 days for my CCA request?

 

Hi Davey,

 

How weird! I was just thinking about you and trying to find your thread because I realised I have forgotten to reply to your post the other day!!

 

They are such idiots!

 

Write back immediately and tell they they they cannot default you whilst in breach of the CCA request and remind them of the following :

 

77

Duty to give information to the debtor under fixed-sum agreement

(4)

If the creditor, under an agreement, fails to comply with Sub-section (1) :

a.

He is not entitled, whilst the default continues, to enforce the agreement and

b.

If the default continues for one month he commits an offence.

78

Duty to give information to the debtor under running-account credit agreement

a.

State of the account and

b.

The amount, if any, currently payable under the agreement by the debtor to the creditor

(6)

If the creditor, under an agreement fails to comply with sub-section (1) :

a.

He is not entitled, while the default continues, to enforce the agreement and

b.

If the default continues for one month, he commits an offence that is punishable by a fine of £2,500 or 3 months imprisonment.

 

So, specifically Section 77(a).

 

Get those out today and see what response you get.

 

Keep me posted!

[Cornucopia]

This is what i intend to send to Capitol One:

 

Dear Madam,

I am at a loss to understand your recent communication and require a response to my original request to have my debt written off or a personal reply as to why the letters i am now receiving are not specific to my personal circumstances.

 

Your letter in reply to my request dated 23rd Feb 2007 asked for proof of Carers Allowance. At the time i did not have a letter so sent a recent bank statement copy showing Carer’s Allowance and Income Support payments.

 

Your reply to that dated 17th March was simply another request for proof of Benefits, by which time i had a Carer’s Allowance entitlement letter, which i sent to you asking that it be returned promptly.

 

Your letter received today, 11th March, is yet another request for Proof of Benefits and also did not include the return of my original Benefits letter.

 

I am disappointed that after good communication between us you are not continuing to reply to me in kind when you have in your possession all the necessary facts to reach a decision in my case. My situation should now be absolutely clear and I look forward to your early response.

 

 

Yours sincerely, me

 

Davey, the lines in bold, I have changed. They haven't complied with your CCA have they? I would wait until they have committed an offence personally. What stage are you at with the CrapOne CCA? Bear in mind, they can do nothing whilst it is in dispute in any event.

 

I would just wait, what do you think?

[Cornucopia]

Thanks Corn! Yes i will ammend and probably send although will think about it, ta. Nothing from them regarding the CCA. And i have just breifly checked my bank statement and, although i have proof of delivery, MBNA never cashed the cheque i sent for the CCA. They got that 21st March...hmmmm

 

Honestly Davey, I would just wait because the whole situation changes if they can't comply with the CCA.

 

MBNA will have put your cheque towards your account. I know, I know, but that is what they do. Very important to see what comes back from them as I have been presented with a Frankenstein agreement. I don't think anybody actually used the word "fraud".........did they??

[Cornucopia]

Mint haven't cashed the cheque either. Even if they put the £1 towards my account wouldn't it show as being cashed? They have to actually cash it surely otherwise it's just a bit of paper.

 

Royalmail online can't supply the signed for proof signiture either for Halifax or Mint. I will try to contact them to see if i can find out why it isn't showing after all this time.

 

A Frankenstein agreement eh?! You should be able to take care of them with that pump action shot gun you have in your photo surely!

 

Hi Davey, that is correct, it would show it as cashed. Keep notes your the cheque numbers, it could take a while for MINT to cash it.

 

Don't worry too much about online confirmation, the fact is, you can prove you posted it by recorded delivery because you have the slips (you do have the slips don't you??!!).

 

Ah Davey, what you can't see, just to the right of the picture, is the long line of Men in Black with their hands in the air!!!

[Cornucopia]

Yes, i have the slips. Got a text file with CCA info only- cheque numbers, when cashed (or not), who signed for it, when, dates etc. Getting quite good at admin these days!

 

ah that's the bank lining up to get their just rewards! Nice!

 

Good stuff, if you do end up attending Court, this is all very useful!

 

Yes, that's about the measure of it. It's a shame I couldn't find a suitable avatar with an instrument of torture, or I might have had that one instead!

[Cornucopia]

Davey Hi - gremlins were afoot yesterday!

I suggest you go on to the CCA thread - it's very long!! post your links to your agreement on that thread & see what they come up with. Also, you could go into "search thread" (on the CCA thread)and type in "prescribed terms "and you may get a bit further with it that way. Let me know what happens?

 

Hi Davey, I agree with Bird, post it on the CCA thread and get some advice although I have to say it does look pretty comprehensive to me. Which is a pity, as you say.

 

I really think that you ought to get some professional advice with dealing with your debt situation as I think it is highly unlikely that any of them are going to agree to a write-off. You might have some success with your MBNA agreement but I am guessing that most of them are quite recent, am I correct?

 

The fact remains that if any of them were to initiate enforcement action, the Judge would be able to plainly see what your situation is and that it is a long term one. You would only ever be ordered to pay what you could realistically and if that was only a pound a month, that is what it will be.

 

Lets see what comes of all the CCA's and your remaining correspondence and we'll take it from there. It may come to it that you will have to invite them to take you to Court and that outcome could be the best all round.

 

Onwards and upwards!

[Cornucopia]

Reply from HFC:

 

Thank you for your letter.. please find below the account information relating to your account in accordance with section 77 of the Consumer Credit Act.

Please find enclosed a statement of account and a copy of your legal agreement, for your perusal. The statement enclosed will list any payments received or charges incurred to date.

 

And what i got back was; the application form with my signature, statements showing balance/interest etc for the 1st Nov 06, 2nd Oct 06, 1st Dec 06, 2nd Jan 07 and 1st Mar 07. There was also a leaflet included refering to changes in the T&Cs - effective from 1st Aug 2006.

 

Once again, i am a little unclear as the whether they have fully complied with the CCA or not?

 

Application: http://i157.photobucket.com/albums/t42/davey77_2007/Application.jpg

 

One of the statements: http://i157.photobucket.com/albums/t42/davey77_2007/Statement.jpg

 

Leaflet: http://i157.photobucket.com/albums/t42/davey77_2007/Leaflet.jpg

 

No Davey, this is not a true copy of the executed agreement, merely an application form. I would wait until the 12 + 30 is up and then issue a default notice to them.

 

Regarding MBNA and Mint. What has Mint actually provided? Could we see it? Have MBNA provided any sort of agreement or application? I would write to MBNA and tell them you are doing nothing until they produce a true copy of your executed agreement.

 

Regards,

 

Corn x:)

[Cornucopia]

hi! MBNA have provided nothing towards the CCA or acknowleged my request to date.

So an application form copy is not a Fully Executed CCA then.. hmmm I shall just wait and then issue a default. How is that done do you know?

 

Thanks,

David

 

Leave MBNA for now and wait until they comply....or not.

 

The HFC documents appears to be just an application form to me and this cannot be a true copy of the executed agreement. As I said, wait until the 12+30 is up and then we'll sort out the default letter. I take it you've kept a note of your dates?!!!

 

It appears that the Mint one is rather more detailed. How old is the account? I did notice that the T&C's look current. They have to be from when you actually signed the agreement. You might want to post that one on the CCA Mark II thread and let Pam have a look at it.

[Cornucopia]

Reply from Capital One CCA:

 

Again it's along the lines of the others. A form with the heading "ultra short application form". With credit agreement section at the bottom of the form, signed by me, that in part states "... if my application is accepted..etc". Also some statements from the past 4 years.

 

Think i will ring national debtline later and ask them about CCA's.

 

Davey, it seems that the agencies are not too au-fait on CCA's, at least from what I have read.

 

Could I suggest you PM Sequenci and ask him to help, he is a debt counsellor and is very knowledgable. I am sure he won't mind, tell him that I sent you!!! He may sigh loudly!!

 

Suggest you do as before the scan on the application form (which it obviously is) and put it on the CCAII thread.

 

I am sorry I haven't been around much lately but have a lot on at the moment, will try and look more closely at your stuff at the weekend!

 

Keep smiling!

[Cornucopia]

My CCA reply from Capital One. (Along with some statements.)

 

http://i157.photobucket.com/albums/t42/davey77_2007/CapitalOneCCAApplication.jpg

 

That, to me, looks reconstructed! That looks like an application with T&C's stuck on the bottom. What do you think? Post it on the other thread and say that I think it is reconstructed and see what they say.

[Cornucopia]

A letter this morning from Blair, Oliver & Scott Ltd instructed by HALIFAX to recover the outstanding debt. Haven't heard from Halifax since the CCA request so going to write to both informing Halifax that they are now going to be reported to (everybody i can think of) and to B,O,Scott to tell them that Halifax are in default of the CCA!

 

Hi Davey, that's the way to go, make sure you when you write to Blair, Oliver & Scott you put the words "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY".

 

Haven't received your MBNA stuff yet, did you forget to post young man??!!