Hi,Guys

[fto]

found this forum from mse...........I use to have help from NID.
Anyway, I have two credit cards ( Natwest & MBNA) which have failed to send a full cca, this was around a year ago.I have sent them various letters,when they sold the debt and then sent the letter NID did which told them i would not reply to any more letters from them.Now since then MBNA have sent a letter saying "while we try to locate the cca we will not issue proceedings against you,but you should still pay the amount owed to us.
Now MBNA have sold the debt to Dept clear recoveries & investigations ltd..............who have sent a threatening letter & keep ringing my wifes mobile( dont know how they got her number) & anyway the cards in my name.
I would be grateful of any advic

[Elsie52]

Re: Hi,Guys

Hiya and welcome to the forum.

First of all I would send back this template letter to Debt Clear Recoveries. ----> viewtopic.php?p=20203#p20203

Niddy will be along at some time so don't worry.......Hang on to the letter from MBNA and keep it safe, as they say until they can produce a correct CCA, they cannot enforce it.

[Never-In-Doubt]

Re: Hi,Guys

found this forum from mse...........I use to have help from NID.
Anyway, I have two credit cards ( Natwest & MBNA) which have failed to send a full cca, this was around a year ago.I have sent them various letters,when they sold the debt and then sent the letter NID did which told them i would not reply to any more letters from them.Now since then MBNA have sent a letter saying "while we try to locate the cca we will not issue proceedings against you,but you should still pay the amount owed to us.
Now MBNA have sold the debt to Dept clear recoveries & investigations ltd..............who have sent a threatening letter & keep ringing my wifes mobile( dont know how they got her number) & anyway the cards in my name.
I would be grateful of any advic

Hiya again ya ya

Ok, as advised above - send that for the moment and wait, let us know anything else they send out or threaten you with

[fto]

Re: Hi,Guys

Thanks for the help guys.

[Flower567]

Re: Hi,Guys

Hey fto

I am in exactly the same position - NID helped me on MSE with MBNA - I requested CCA last November - heard nothing at all other than the standard letters that they seem to send. I always sent the appropraite response letter.

Didnt hear anything from them for ages then at the beginning of November this year I got exactly the same letter from MBNA, enclosing a copy of my original Application Form (signed by me) but the letter states that the agreement (i.e. Application Form) is incomplete and whilst they try and locate a copy they will not issue proceedings then I got home yesterday to a letter from Debt Clear Recoveries! Am going to send the letter as per previous response from here as well and will keep you updated!

[Never-In-Doubt]

Re: Hi,Guys

Hey fto

I am in exactly the same position - NID helped me on MSE with MBNA - I requested CCA last November - heard nothing at all other than the standard letters that they seem to send. I always sent the appropraite response letter.

Didnt hear anything from them for ages then at the beginning of November this year I got exactly the same letter from MBNA, enclosing a copy of my original Application Form (signed by me) but the letter states that the agreement (i.e. Application Form) is incomplete and whilst they try and locate a copy they will not issue proceedings then I got home yesterday to a letter from Debt Clear Recoveries! Am going to send the letter as per previous response from here as well and will keep you updated!

Hiya

If you have the letter confirming the agreement is incomplete then you keep that safe ok? And photocopy it and send a copy along with this, to DCR ---> viewtopic.php?p=20195#p20195

That should sort it

[Never-In-Doubt]

Re: Hi,Guys

p.s the above advice to flower, is not the same for fto because fto has clearly stated that they are looking for the agreement, not that the agreement is incomplete. Hope that clarifies things....

gh

[fto]

Re: Hi,Guys

p.s the above advice to flower, is not the same for fto because fto has clearly stated that they are looking for the agreement, not that the agreement is incomplete. Hope that clarifies things....

gh

Thanks again....Mine is the same has flowers letter,I only quoted part of the letter.

[Never-In-Doubt]

Re: Hi,Guys

Thanks again....Mine is the same has flowers letter,I only quoted part of the letter.

Okies, well just keep us updated as and when you hear back...

[fto]

Re: Hi,Guys

Hi,
update on this......I sent the letter,they returned it a week later,saying they had contacted natwest & i needed to send natwest £1 for a copy of the cca???.I do not think they even read the letter.....so i just ignored it.
Today, I have received the following: FINAL NOTICE: Our latest enquiries have now confirmed that you are still resident at this address,but we have not received a reply to our previous correspondence.Unless you contact us to agree repayment of £..... within the next ten days,futher collection activity will be taken to recover the full outstanding balance.please do not ignore this letter as this could result in futher action being taken to recover the debt,which may include:
1) legal action against you through the courts.If legal procedings are issued and a judgement of decree is obtained against you,court fees and legal costs could increase the amount you owe.

2) Referring your debt to a door step collection agency to carry out a collections visit at your home.

Any suggestion how i should respond?

[swanfan]

Re: Hi,Guys

Hi,
update on this......I sent the letter,they returned it a week later,saying they had contacted natwest & i needed to send natwest £1 for a copy of the cca???.I do not think they even read the letter.....so i just ignored it.
Today, I have received the following: FINAL NOTICE: Our latest enquiries have now confirmed that you are still resident at this address,but we have not received a reply to our previous correspondence.Unless you contact us to agree repayment of £..... within the next ten days,futher collection activity will be taken to recover the full outstanding balance.please do not ignore this letter as this could result in futher action being taken to recover the debt,which may include:
1) legal action against you through the courts.If legal procedings are issued and a judgement of decree is obtained against you,court fees and legal costs could increase the amount you owe.

2) Referring your debt to a door step collection agency to carry out a collections visit at your home.

Any suggestion how i should respond?

Respond witht the following--> Follow-Up to DCA - who decline your CCA Request

Include this as well--> Harassment & Threat of Doorstep-Visit Template

[Never-In-Doubt]

Re: Hi,Guys

Respond witht the following--> Follow-Up to DCA - who decline your CCA Request

Include this as well--> Harassment & Threat of Doorstep-Visit Template

If i'm not already too late, you could instead opt for this one that combines both the above

---> Final Response (No CCA) & Refusal of Doorstep Visit

[fto]

Re: Hi,Guys

Latest update.......I sent the letter, I received it back from them with a letter attached,saying to send one pound to natwest(the same letter i received from them after my first letter months ago).

They do not seem to read the letters,just send out a standard response.

[Never-In-Doubt]

Re: Hi,Guys

Latest update.......I sent the letter, I received it back from them with a letter attached,saying to send one pound to natwest(the same letter i received from them after my first letter months ago).

They do not seem to read the letters,just send out a standard response.

Fine, then just ignore them - they are totally inept!

Thing is, if they try and enforce the agreement you'd use the fact they are refusing to comply, in defence. As you have a clear audit trail of letters whereby you ask for a copy of the agreement in line with s.78 CCA1974; to which they are ignoring, means they cannot enforce the agreement whether compliant (enforceable) or not. They must first comply with your lawful request.

Or if you want, you could send it to Natwest - obviously, that is up to you..... I'd also complain to the FOS & ICO about their inability to adhere to current legislation by trying to fob you off to the OC when provision of s.78 clearly states that you can send the request to whoever is running the debt, ie the DCA OR the OC.

[fto]

Re: Hi,Guys

The account is now in the hands of Apex credit management.I have sent them the sold whilst still in default letter........they have responded with " i can confirm that your account has been referred to the above client who has advised us that us they that have complied fully with any cca request received"
Please contact our office.............Any advice as to which letter to send next?.thanks.