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      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

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      yep sadly thats how people treat us after giving free advise...  
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      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

      By anotheruser0000 · Posted

      OK, thanks, I won't wait for them. On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again. Left here wondering what the outcome was, lol!
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      10 years of incorrect reporting to CRA's by EE

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      Hello Caggers,   I've been trying for years to get an old EE account wiped off my credit file. It was opened in 2013 and almost immediately defaulted but was shown as "Payment Arrangement" ever since. I contacted EE by telephone in 2022 and was advised it had not been wiped because there was still £69 owing, I paid it and thought it would correct once the CRA's updated their reporting cycle. However, it has still not been removed. I made a formal complaint on 27/03/2024 and have had contact with the executive team who advised that  "EE account ......... has now been deleted from the Credit File as it failed to close as it was reporting the payment arrangement set up despite, as advised this failing which should have resulted in a further default showing.  Please be advised the deletions we have completed take 24 hours to update if a paid service is used to view the Credit File. If the customer uses one of the free services to view the Credit File, the recordings update in 24 hours but the changes can take up to 30 days to be visible on a new copy of the Credit File. I have requested compensation and been advised by EE that another team are looking into this. That was almost 2 weeks ago and there has been no contact since, despite me chasing it. I do not want to go to court and would rather settle this amicably. However,I have been advised that I might have a claim for aggravated damages due to the length of time the incorrect reporting has been on my file and the fact that I told EE about this issue and paid the demanded outstanding amount of £69 almost 18 months ago. Should I just wait for EE to reply or should I start building my case against them? Is their statement admissible as evidence of their blame or do I need to dig a bit more? I made a DSAR which was initially rejected as having no data found yet. I trawled my e-mails from 2013 and found the account number and mobile number, I'm now awaiting the result of my 2nd attempt at DSAR. I have very little in the way of proof of actual loss except a mortgage refusal e-mail from HBOS in 2015. I have also had high interest loans and credit over the last 10 years but again cannot directly attribute this to this one specific error. There were other items on my credit file that could also have contributed to a low credit score too and I'm not out to cash in on anything. I want to make sure I don't end up shooting myself in the foot for any obvious reason and would appreciate any help from anyone who has had similar experience with breaches of DPA.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

What to do with MBNA?

mrdonk

By mrdonk
in General Debt Issues

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mrdonk

mrdonk

Posted
Posted

Hello everyone,

 

I'm currently in serious financial problems due to illness and unemployment. I have a house with considerable equity and can scrape the mortgage payment every month through part time work and little savings.

 

Most of my debt is with MBNA (3 cards totalling 40K - including one that is beyond the CCA limit of 25K, actually 26.2K, from a phone call offering 0% BT and a merge of 2 cards) and since they raised their interest rate to nearly 30% for missing one payment, I finally gave up with them. I was bombarded with borderline abuse from two DCAs on telephone, threats of collection at my door,etc. I havent paid them anything for 3 months. I now accept that this may have been wrong and should have made token payments. Regardless of that I started recently getting "nice" letters from them offering a "considerable reduction" on full payment which may be a ploy to get me to start contacting them again (regardless I can't afford it anyway).

 

I suppose my question is - what should i do now? Should I write offering a few pounds that I can afford, let them sell the debt on or take me to court?

 

Thanks all.

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rory32

rory32

Posted
Posted

I would recommend you send each of them a CCA request by at the very least recorded delivery. This asks the creditor/DCA to prove the debt (often they can not do this - particularly MBNA).

 

The template for the CCA request is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N.

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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yaffsimone1

yaffsimone1

Posted
Posted
Hello everyone,

 

I'm currently in serious financial problems due to illness and unemployment. I have a house with considerable equity and can scrape the mortgage payment every month through part time work and little savings.

 

Most of my debt is with MBNA (3 cards totalling 40K - including one that is beyond the CCA limit of 25K, actually 26.2K, from a phone call offering 0% BT and a merge of 2 cards) and since they raised their interest rate to nearly 30% for missing one payment, I finally gave up with them. I was bombarded with borderline abuse from two DCAs on telephone, threats of collection at my door,etc. I havent paid them anything for 3 months. I now accept that this may have been wrong and should have made token payments. Regardless of that I started recently getting "nice" letters from them offering a "considerable reduction" on full payment which may be a ploy to get me to start contacting them again (regardless I can't afford it anyway).

 

I suppose my question is - what should i do now? Should I write offering a few pounds that I can afford, let them sell the debt on or take me to court?

 

Thanks all.

 

 

Yes CCA all of them...Rory where does he stand with the 26.2K and the CCA 1974?

 

MBNA doubled my interest rate and that was before i got into trouble. They have only just illegally sold the account so i have not had much dealing with the DCA, MBNA on the other hand are just horrible, aggresive w***ers. Oh they will start being nice but dont let that fool you. Dont speak to them on the phone deal with everything in writing. There are tons of MBNA threads here, including mine, that you can browse.

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rory32

rory32

Posted
Posted

Rory where does he stand with the 26.2K and the CCA 1974?

 

Was the 26.2.K the limit on the card, rather than the current balance? When was the card taken out? I assume this was a personal credit card rather than a business one.

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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rory32

rory32

Posted
Posted

And when was the card taken out?

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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rory32

rory32

Posted
Posted

I would argue that the £26.2K card is regulated by the CCA1974 as the agreement came about from the merging of accounts that were regulated agreements.

 

However, I'm not 100% sure of my ground on this one as there is an exception for running account credit in section 82.

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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mrdonk

mrdonk

Posted
  • Author
Posted

Thanks for the response. I never really assumed that this would have any meaning to my situation, it was just an interesting point to make with regards to the regulated-limit on unsecured loans. If it got to court I was have mentioned it as a point at least.

 

Should I offer a token payment, CCA MBNA (any benefit here?), wait for them to sell it on and CCA / offer token to whoever purchases the debt?

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rory32

rory32

Posted
Posted

It doesn't really matter if you wait till the debt is sent to a DCA or not. The DCA will just get in touch with MBNA for a copy of the agreement. In your favour MBNA are dreadful at keeping credit agreements, particularly ones from as far back as 1999. I think for the sake of £1 it's always worth sending a CCA request.

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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sequenci

sequenci

Posted
Posted

Hi,

 

Rory has alerted me to this thread, I've just got back from a break and will be keen to investigate this for you tomorrow. It's a VERY interesting query and I can't wait to research it! All the info I need is at work, looks like an interesting lunchtime for me :)

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sequenci

sequenci

Posted
Posted

Hello again folks.

 

Take a look at page 2 of this document:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft140.pdf

 

Specifically about the point about an agreement being able to be over the £25k limit if "it is not likely that amount of credit that will be drawn will be over £25k".

 

From that statement I would imagine that the lender CAN offer you a credit card with a limit of over £25k, although it is very uncommon.

 

So I would imagine that the agreement is still regulated.

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