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davey77

Debt written off due to Carers Allowance?

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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!;)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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A very quick reply from Barclays this morning:

 

Dear Mr x,

 

In my previous letter i promised you with a full response to your complaint as quickly as i could. I am now able to do so.

 

Please find in enclosed copy of your agreement as requested.

 

I hope i have answered all your concerns..etc etc

 

Well, they have fulfilled the CCA request. (Shame). No mention of the other issues raised in being ignored and my requests and detailed questions not being replied to professionally. I guess we are back now to waiting for the next "can you pay us now" letter.


:!: -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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Not sure i would be able to tell a properly executed one from any other to be honest but it is a true copy and that's certainly my signiture. Isn't that's all that's needed to prove the debt is mine?


:!: -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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no, it needs to have all the prescribed terms in it. Do you have a scanner?

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I have been sent two pages. One is the direct debt with my signiture and the other the interest and amount borrowed/interest rate/repayment terms..60 months etc.

I don't have a scanner but i have a good digital camera which usually makes up for it for copying paper documents to the computer quite clearly.


:!: -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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if you could do that, it would be great, I can get the wise guys and gals on the CCA thread to check it out.

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It says i can't post attachments (got the pages in pdf now) so kind of trying to figure out how to get it up for all to see. Sorry, being daft again. There's probably a button somewhere that will do it..... :confused:


:!: -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 think you have to use a package like photo bucket to upload onto the site

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Ok... i think this should work. (Hope so). The two pages i had back in reply to the CCA request from Barclays:

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays2.jpg

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays1.jpg


:!: -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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yes, it's worked!

 

I have to say (sorry!) that it does look ok to me, but I'm going to get some others to look at it.

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Thank you - yeah i agree.. probably going to turn out ok. pity! :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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sorry, but the CCA thread has been temporarily closed - for reasons which most of us fail to understand, so I haven't been able to post your agreement on there.

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No worries. Thanks. I did look into what makes a properly executed CCA but didn't reach any conclusions. I'll have another look and see. I'm sure the answer is out there somewhere. Happy Sunday!


:!: -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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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?

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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!:)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Guest Battleaxe

Davey777, Ladybird asked me to have a look at your Agreement and it looks like an executed Agreement to me, terma and conditins, signatures, all the rquired bits and pieces and even the maths are correct. I see it is a recent loan, so I think they have tightened their procedures considerably to comply with the Consumer Credit Act.

 

Cornucopia is right in saying, a Judge would look at your cirmstances and would not order to you repay more than what you can afford. If the Judge orders £1.00 aweek repayment, that is what they have to accept. They might not like it, but they will have to abide by it.

 

Sorry I cannot give a more hopeful answer. Have you been to the CAB yet?

 

I know they will write to your creditors and explain your circumstances.

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Hi all, sorry to come in later but I just wondered

- does the typed name of an individual constitute a signature for the creditor?

- did you get a copy of all the terms and conditions as well, Davey777 because those are also needed for S77-79 requests aren't they?

- was the requirement for cancellation rights only extended to credit cards or was it to loans as well and if the latter was this one executed just before the date cancellation rights were a requirement?

- Davey this agreement seems to be executed when you signed it judging from the dates. Did you get a copy of the agreement to keep at the same time as receiving the copy to sign, date and return? If you have no evidence of that then you could ask Barclaycard to prove they did send them at the time. They may be able to come up with a letter showing they did but at least it is worth the question.

 

These are more remote possibilities in the unenforceable agreement arguments but may be worth a bit of research.

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Guest Battleaxe

We were just discussing stamped signatures on another thread and these are permissible apparently. Some one is researching this further for me, but it looks like it is lawful. A loan agreement is slightly different to the Credit Card agreements.

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Thanks for that BA. The signature part is interesting.

Is a loan agreement not part of the compulsory cancellation part of the later regulations? I couldn't work it out as I only found the OFT updates on cancellable agreements and wondered if that was because they all became cancellable. Perhaps not.

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thanks all... yes i think the Barclays CCA isn't something i will investigate further. The concensus seems to be that it's AOK.

Yes joneshousehold, i had a copy to keep of that aggreement. I didn't get a full list of terms and conditions as such (although i did at the time of application) but if they can supply me with my aggreement and DD mandate then i suspect they can produce that easily as well. As people have pointed out, it's a recent loan (2006).

 

The only new updates are a reply from Mint and MBNA:

 

Mint:

 

Thank you for your letter.. I can confirm the matter is receiving my attention and I shall be writing to you again shortly.

 

MBNA:

 

Please find enclosed your payment cheque, which has been forwarded to you by your bank. I regret that we are unable to process this payment, as a valid account number has not been quoted.

...Please return this payment to us quoting your account number on the front of the cheque.

We request Customers to write their MBNA account number on the front of the cheque when making a payment, however it is helpful if you also write the name and address of the a/c holder on the rear of the cheque. This will enable us to find your MBNA account should your reference number be misquoted.

 

It may be of interest to you that we have a Direct Debit facility to our Customers etc etc etc....

 

What a load of pettiness over nothing. I don't understand why Lloyds had a problem with it. All account numbers were correct in the letter that accompanied the cheque. I made it out to 'MBNA'. That should have been good enough.

Oh well... a delay in the CCA with MBNA then. I will be writing again with that request and making sure the cheque is good and the details proper.


:!: -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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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


:!: -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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Reply from MBNA:

 

Help me to help you

 

I am aware that you are in a difficult financial situation at the current time. Please call me so that I can come up with a financial plan for you.

 

My goal is not to antagonise you, but to come up with a straightforward plan so that you can repay your debt in a way that is manageable for you. The best way for me to do that is to understand your circumstances.

 

I am willing to discuss your situation and will look to help you by potentially fixing a new payment programme to help you avoid any further charges accruing to this debt. There are many options I can take in relation to reducing your debt and I can guarantee that this type of solution will be offered to you if you complete on of the following actions for me before Friday 27th April 2007:

 

Ring me with details of your financial circumstances so that MBNA can set a reasonable minimum monthly payment that is unique to your circumstances whilst fulfilling MBNA's requirements.

 

Make a minimum payment of £54.80

 

This is my final attempt to help you, please call today to sort out your account.


:!: -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 MINT regarding the CCA:

 

Dear Mr x,

 

I refer to your letter dated 19th March 2007.

 

Whilst I appreciate your comments, we review each and every account individually and under your current circumstances, the Bank is not prepared to write off the outstanding debt on your Mint credit card. Having said this, to alleviate the pressure of this debt I am willing to accept 70% in full and final settlement (£3500).

 

Your request for documents contains some misconceptions about your entitlement to information in a specific form and our obligations to supply that information. So that there are no misunderstanding here we will set the record straight on the format of the information we are obliged to provide you.

 

Your written request for information made under s78(1) of the Consumer Credit Act must be accompanied by payment of a fee of £1. We are obliged to provide you with a 'true' copy of the credit aggreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the 'true' copy reuirement can be satisfied by providing a copy agreement at the date the card agreement was made and proving that plus a copy of the current terms of the card agreement. We are not insisting on payment of the £1 and therefore please find the enclosed.

 

Yours sinceerely, Olivia Mackinnon-Pattison,

Senior Recoveries 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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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:)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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