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morteee

morteee v A&L/MBNA card now with DLC

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becaase I am still ill, trying to look after a small child on my own and hold down a full time job without taking too much time off ill lol :)

 

besides softly softly catchy monkey ;)


claim v natwest WON!

 

all posts made by myself are without prejudice

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ok have recieved another of their letters, they have been in default a long time now and I want to end this

 

can anyone help me write a suitable letter telling them to bog off, cancel the debt, remove the default and also a letter to send to TS and anyone else I need to report this to?


claim v natwest WON!

 

all posts made by myself are without prejudice

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Ok one CB special coming up.

 

Account In Dispute

Dear Sir/Madam,

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}. I enclose a copy for your perusal and ease of reference.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (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.

 

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours faithfully

 

Edit as needed


Be VERY careful whose advice you listen too

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superb that will be sent monday, now what do I send to TS, ICO, ICO and why would I send it to the CSA? I understand the CSA to be the Child Support Agency?


claim v natwest WON!

 

all posts made by myself are without prejudice

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ok have had another standard letter so am proposing to send this to Trading standards, FOS and the information commissoners office

 

 

"Dear sir/Madam

I am writing to yourselves for advice on how to deal with the above company and to make a complaint about them.

Please let me outline my dealings with them

Earlier this year there was doubt cast if the payments I was making to them were actually for a credit card debt in my name and not that of my ex-husbands so I rang them in April of this year asking for confirmation of the original name on the account sold to them by MBNA

To my surprise I was informed by a young lady there that she could not confirm it as they didn’t hold a copy of the original credit agreement therefore on the 14th of May I wrote to them with a formal request for a true signed copy of the credit agreement under the consumer credit act

They wrote back to me on the 18th of May acknowledging my request and informing me that they would place the account on hold whilst they contacted the original creditor for a copy of the agreement.

They defaulted on the request in early July and I wrote to them requesting that they remove the default notice on my credit reference file as without the credit agreement they do not have permission to process my data, and indeed cannot prove that the alleged debt was mine in the first place.

They wrote back on 30th July stating the following

thank you for your recent letter dated 30th July 2007 regarding the above account. This has been passed to me for attention.

 

I can confirm and advise the following:

 

1.The offence of not supplying the date requested under the consumer credit act 1974 is the time period stated in the legislation can be remedied by producing the documents. This we intend to do and have followed up our request to the original lender for a copy of your original agreement.

2.Your account is on hold and all further action has been suspended pending documentation from our client.

3. Although we are unable to supply a copy document at this time, we will continue to notify the Credit Reference Agencies of the account status. You are entitled to apply to the Credit Reference Agencies for a notice of correction to be applied to your account.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days id there are no developments before hand

 

yours sincerely

A E Locke”

It is my understanding that by continuing to process my data they are in breach of section 174 of the CCA as they have failed to show where I have provided such authority and please note that there is still doubt as to if the alleged debt in question is actually in my name.

Since then I have received 6 letters informing they are still waiting for a copy of the agreement from MBNA

In September I decided to take matters into my own hands and contact the original creditor myself to request a copy of the agreement and was informed they do not have a copy of it and that DLC should have a copy on file as they would be passed all relevant paperwork with regards any account’s sold to them. They didn’t talk specifically about an account in my name but generalised.

I called DLC and informed them of this but they are still processing my data without my permission, they are updating my credit file regularly which makes it look like I am wilfully not paying when actually the account is in dispute and they are STILL sending me their standard letter about the account being on hold etc (copy of which I shall cut and paste now)

“Further to our letter dated {insert any date you like here they have sent me 6 copies of this!} Regarding the above account. I can confirm and advise the following:

 

1. We are following up on your request for a copy of your original agreement our client MBNA Europe Bank. When this becomes available we will forward you a copy.

2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

 

yours sincerely

A E Locke”

As such I seem to have reached an impasse and am unable to find a resolution so as a result I am writing to you to request advice on how to deal with this companies unlawful processing of my data and their refusal to admit that they do not have the right to collect on this alleged debt although they have placed it ‘on hold’

I would also like to inform you that in the past despite adhering strictly to the agreed payment plan before doubt on the actual validity of the alleged debt was cast I regularly received threatening phone calls from them to increase payment to a level I couldn’t afford, they have threatened in the past an attachment of earnings, county court summons’s and ‘legal action’ and will not terminate calls when requested, one gentleman kept me on the phone one evening for 40 minutes whilst my small child was in the bath! They also refused to remove my telephone number from their records despite my never having given them my number and repeated requests for them to remove it; it was only when I threatened them with OFCOM that they stopped!

Please, once again advise me on how to reach a resolution on this matter, all I want is the default removed from my credit record as there is serious doubt as to their legal right to have placed on there in the first place and this has been going on now for 7 months!

Very best regards"

 

 

is there anything else you lovely people feel I should add?

 

Morteee


claim v natwest WON!

 

all posts made by myself are without prejudice

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anyone?


claim v natwest WON!

 

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ok sent it tonight, lets see what happens


claim v natwest WON!

 

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I understand the CSA to be the Child Support Agency?

CSA = Credit Services Association.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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ta


claim v natwest WON!

 

all posts made by myself are without prejudice

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Hi Morteee,

 

I'm watching your thread with baited breath - what the latset from our dear friends at D LC ?

 

Happy New Year

 

R

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nothing, no news at all

 

now have 8 copies of their letter :|


claim v natwest WON!

 

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well that was an exercise in futility

 

I got a read reciept for the email to TS and nothing else

 

oh and I now have 9 copies of DLC's letter!


claim v natwest WON!

 

all posts made by myself are without prejudice

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well I have had a respose from the finaicial ombudsman!

 

about as much use as a chocolate kettle :|

 

I shall cut n paste away for your perusal!

 

"

Thank you for your email.

 

Our website provides our complaint form, which needs to be printed off, completed and then despatched to us by post.

We cannot investigate a complaint until the firm has had an opportunity to put things right. The procedure is explained fully on our website http://www.financial-ombudsman.org.uk/

Unless you have already done so, you should therefore complain to the firm and inform it of your contact with this office. You can do this in two ways.

(a) You can contact the firm yourself, when you should ask that your complaint be put through the firm’s internal complaints procedure and resolved or a final decision letter issued. The firm is expected to complete this procedure within 8 weeks of the date the complaint was first lodged.

(b) We can send details of your complaint to the firm, on your behalf, if you submit a complaint form to us. (Alternatively, you can provide us with the necessary details by speaking to a member of our staff, on the telephone number shown below).

If you want information (or the form) by post, you will need to confirm your postal address.

I should add that we need a form endorsed with your original signature when a final decision letter is submitted to this office, or if you wish to report that the firm’s time limit has been exceeded.

We cannot comment on the merits of your complaint at this stage, we are not an advisory body.

Please quote the following reference at all times:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


claim v natwest WON!

 

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small update

 

another letter from DLC saying they are still waiting for my CCA

 

default drops off my credit record in autumn this year anyway so am just filing those letters in case they either sell it on or forget they are in cca default


claim v natwest WON!

 

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11 now :D

 

anyone beat that? :p


claim v natwest WON!

 

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make that 12!

 

I have a full years worth!

 

i r speshul :D


claim v natwest WON!

 

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14 copies of the same letter and 6 weeks til it drops OFF my credit file - oh and they dont seem to have cottoned on that I have changed my name now and they are sending the letters to the wrong name, am tempted once the default has vanished to start sending the letters back as not known at this address ;)


claim v natwest WON!

 

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only a couple of weeks to go til it vanishes and I am still getting their standard letter LOL!


claim v natwest WON!

 

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2 years on and I am STILL getting this letter from them!

 

you would think they had given up by now rofl


claim v natwest WON!

 

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ok after 2 YEARS and 3 months they have finally dug out my credit agreement and are now saying the account is going to be returned to the collections department within 14 days

 

to my untrained eye this agreement doesnt conform as it should do, what should I be looking for and can I throw any comeback on them for failing to supply the required information within the legally required timescale?


claim v natwest WON!

 

all posts made by myself are without prejudice

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ok after 2 years and 3 months they have finally sent what appears to be a credit agreement to me however I dont think its enforcable, there are no no re-payment details, no interest rate on it and no credit limit stated

 

I am attempting to scan this in and upload it but to my untrained eye it looks like an application form titled as a credit agreement

 

can anyone advise where to go from here please?

 

morteee


claim v natwest WON!

 

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It's upside down by the way......

 

It doesn't look like the prescribed terms are there (credit limit, repayment schedule and APR) but zooming in made it to blurry to read. If these things are not there, then this is unenforceable. If this is the case, then send them the following:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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image rotated and no none of the above are there

 

so basically they have sent me an application form and NOT the agreement!


claim v natwest WON!

 

all posts made by myself are without prejudice

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It doesn't actually state the words Application Form, although that is what it looks like. Send the letter I have posted above as this is unenforceable. If you are positive, and want to go down the application form route - I'll post that letter up for you instead.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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