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Pookeymonkey v MBNA/Equiplebs


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Hello everyone:)

 

I am in the process of sending a CCA to Equidebt as they have sent me a letter stating that they have given me formal notification that the account was assigned to them and I am not to make any further payments or contact with MBNA. :(

 

I have read the copy of the CCA on this site and Just wanted someone to confirm that I send it to Equidebt and not MBNA and do I need to add anything to the letter like "this account is in dispute"? and what would be the best thing to say if they phone me up after I have sent the letter?:confused:

 

Any help would be appreciated.

 

Many thanks, Pookeymonkey.:)

I'm in the DCA kicking business ..........and business is good!!!!

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Hi, forgot to say I had a call from Equidebt today requesting payment. It went something like this...............

 

I asked them if they had been forwarded any information from MBNA about the acount and surprise surprise they said no, they said "MBNA was under no legal obligation to do this".

 

I then said "so you have no idea about the debt you have taken on"......................................................silence.

 

I also said "so you have taken on a debt with out checking to see what it's about and how much I could be able to pay".......................silence.

 

I then said (still having conversation on my own at this point) well thats a bit silly then seeing as my outgoings are higher than my Income ........................silence.

 

She then said "we have purchased the debt yes, and we will now need a financial statement from you"

 

I said "get MBNA to give you a copy".......................................silence.

 

"we will need one from you" she eventually said.

 

"put it in writing" I replied.

 

"Well we have written to you already about a proposal" was her reply.

 

"didn't receive it, put it in writing to me" i said.

 

(at this point I think she was getting the hump with me) she said (through gritted teeth) "thank you so much for your help"

 

My reply was "your welcome!".

 

I don't always have the energy to challenge DCA'S but I did enjoy this one today!!!

 

Cheers, Pookeymonkey.:D

I'm in the DCA kicking business ..........and business is good!!!!

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Hello all :)

 

Well I have done it, I have sent off my CCA to Equidebt by recorded delivery. Now I just have to wait........................Hopefully they might have a few problems finding the paperwork:D

 

Cheers, Pookeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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Hi,

 

Help needed please:confused:

 

I have sent my CCA yesterday to equidebt and today I have received a letter requesting financial statement/payment etc......

 

Do I reply to this letter??? or do I do nothing???

 

Where do I stand as I put in the CCA letter "I do not acknowledge any debt to this company" so does this mean I sit back and wait for the executed agreement or am I allowed to reply to this letter?

 

Many thanks, Pookeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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Hi all

 

I have checked the Royal Mail website and Equidebt signed for the CCA on 8/6/07 :lol::lol::lol::lol::lol:

 

So............... 12+2+30 = 27th July 2007?

 

If I am wrong I'm will someone let me know please.

 

Cheers, Pokeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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  • 3 weeks later...

Hi all:)

 

Well Equidebt signed for my CCA on 8th June and the 12+2 days are now up and I have not received my Agreement, they did send me a letter saying they have requested it from "their clients MBNA" and will forward it to me when they have it.

 

What do I do now? Do I need to wait till the next 30 days are up?:confused:

 

Cheers, Pookeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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Yes, I think so..... sit very quietly and let the time slip by till then. Can I ask? How long ago did you open the MBNA account with, and with who? (mine was via Abbey) I wouldnt mind guessing that they will not be able to supply you with a true copy of it, which obviously opens a new can of worms.

Do you have charges to claim back? Do you owe much to MBNA? This is all relevant.....

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Yes, I think so..... sit very quietly and let the time slip by till then. Can I ask? How long ago did you open the MBNA account with, and with who? (mine was via Abbey) I wouldnt mind guessing that they will not be able to supply you with a true copy of it, which obviously opens a new can of worms.

Do you have charges to claim back? Do you owe much to MBNA? This is all relevant.....

 

Hi standingupformyself:)

 

I think the account is about 4 or 5 years old and it was opened as an MBNA account for a charity.

 

I have no idea about how much I have been charged in the past, I was going to send a SAR to MBNA but Equidebt had been getting on my nerves so I decided to stop them in their tracks with a CCA.:-D

 

If I do receive a proper agreement from them then my next course of action will be to send MBNA a SAR. At the moment I am enjoying the piece and quiet, albeit short lived.

 

I do hope they find the agreement as my debt is around £2,000 and I could probably get a fair part of that back to pay off the debt, if not they wouldn't be able to enforce the debt anway.:rolleyes:

 

Cheers, Pookeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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  • 2 weeks later...

Hi all:p

 

Equiplebs called me on Friday requesting settlement of account etc... I was very polite (They caught me on a good day:D ) and told them that I had sent them a letter requesting my executed agreement and that it had gone past the 12+2 days deadline. They went very quiet and checked my notes, they told me they would chase it up and were very sorry to have called. I said ok then they hung up very quickly.

 

Are they allowed to call me about the account as the 12+2 deadline has passed or is it after the next 30 days has past, my brain can't remember, is my account now classed as being in dispute?:-?

 

Cheers, Pookeymonkey:)

I'm in the DCA kicking business ..........and business is good!!!!

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Firstly

 

I do hope they find the agreement as my debt is around £2,000 and I could probably get a fair part of that back to pay off the debt, if not they wouldn't be able to enforce the debt anway.:rolleyes:

 

That should be i hope they dont find the agreement, if they do then i will get most of my balance back, as of the minute, with no agreement, means no debt or at least a debt they can't enforce :-)

 

If you havent received a true copy of your agreement after 12 + 2 working days, then your account is in dispute, you can stop payment and they cant request payment, they also cant transfer the debt.

 

Of course they shouldnt, but they probably will :confused:

 

Now its just a case of sitting back, let them find an agreement, if they dont wave bye bye to MBNA, if they do reclaim your charges.

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Hi Wednesday:)

 

Thanks for your advice, I will do as you suggest and wait for them to try and find the agreement:rolleyes:

 

Cheers, Pookeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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  • 2 weeks later...

Hi all:)

 

I have received a reply from Equiplebs today re my cca request, I have scaned it to my computer and want to put it on this site so I can show it for some advice, but have no idea how to?

 

Any help would be great:p

 

Many thanks, Pookeymonkey:)

I'm in the DCA kicking business ..........and business is good!!!!

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Many thanks Wednesday

 

I got a letter from Equiplebs saying "please find enclosed the documentation requested" this is what I received from my cca request:

 

This is the front of the page

 

Scan586July302007.jpg

I'm in the DCA kicking business ..........and business is good!!!!

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This is a copy of your application for a credit card and is not enforceable as a credit agreement.

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

 

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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Many thanks Rory32:)

 

This is a copy of your application for a credit card and is not enforceable as a credit agreement.

 

I thought this was my application form as I remember completing it in my local supermarket!

 

So, what do I do now? Equidebt want me to contact them within the next 5 days to discuss the matter further. They said in their letter they have now provided me with the documentation I requested........................

 

I don't think so:D

 

Should I write to them, if so does anyone have any ideas or a link to a suitable letter?

 

Cheers, Pookeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement.

 

As you must realise this agreement does not conform to s60(1) and 61(1) of the Consumer Credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Any earlier actions relating to sharing of data with credit agencies or defaults should immediately be removed.

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

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

 

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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Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement.

 

As you must realise this agreement does not conform to s60(1) and 61(1) of the Consumer Credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Any earlier actions relating to sharing of data with credit agencies or defaults should immediately be removed.

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

Good letter Rory, thanks:), but I am getting a bit nervous about all of this as I have never done anything like this before. I hope my nerve holds out otherwise I will need a change of underwear:D

 

:) Hi Jackster77, good to hear from you.

 

Cheers, Pookeymonkey:p

I'm in the DCA kicking business ..........and business is good!!!!

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