Is my CCA enforceable

[keep the wolve]

Good Morning

I am a newbie to this site so look forward to using it. I am having problems at the minute with Link Financial. I have a credit card balance of just over £1,000 with MBNA. This was taken out in Feb 2006. This has been passed about a few different DCA's. The latest one is Link Financial who constantly rang & texted me to get in touch with regards payment. I stupidly, but wanting the debt paid, gave them my Visa Debit card number to take a monthly payment of £30 out. This has been constant since 2008/9. All was going well until I received a letter from Link saying a UK Credit Reference Agency had notified them that my circumstances had changed (I had finished paying off a 3 year loan to another company) so they asked me to increase my payments. It was at this point that I decided to find out more about the way DCA's work & boy has it been an eye opener!
I sent Link a letter on 2nd August 2011 stating that my account was in dispute so further payments had to stop until they supplied me with a CCA. They received my letter on 4th August 2011 & replied straightaway with, what I now know is a standard (we haven't got it but give us 30 days & we will get it) letter.
Last week I received it & I don't know what to think. It is a two page photocopy with my signature & date on it & countersigned by someone at MBNA. It also had the APR on it. That was grand & convinced me it was mine. Upon further inspection I noticed the 4 or 5 pages attached with 'Terms & Conditions' typed at the top were a little more interesting as the figures on it didn't agree with the signed agreement. Interest rates were different, charges were different (£12 instead of £25 as it was then & is on the agreement) Only my address was typed at the top of it too whereas my full name & address were on the CCA photocopy. Am in right in saying that this is not enforceable as the figures do not match.
I am looking for advice from you as to what my next step should be. Secretly I was hoping for an unforceable agreement as I am saving over the next few months like mad, to be able to offer them a full & final settlement. Advice would be greatly appreciated.
I also SAR'd MBNA on 2nd August 2011 so I am awaiting this. Please give advice on this too as to be honest, when I get it, I wouldn't have a clue what to do with it
Also I don't have access to a scanner so can't scan the documents to you. Sorry!

[helmsman]

Re: Is my CCA enforceable

Good Morning

I am a newbie to this site so look forward to using it. I am having problems at the minute with Link Financial. I have a credit card balance of just over £1,000 with MBNA. This was taken out in Feb 2006. This has been passed about a few different DCA's. The latest one is Link Financial who constantly rang & texted me to get in touch with regards payment. I stupidly, but wanting the debt paid, gave them my Visa Debit card number to take a monthly payment of £30 out. This has been constant since 2008/9. All was going well until I received a letter from Link saying a UK Credit Reference Agency had notified them that my circumstances had changed (I had finished paying off a 3 year loan to another company) so they asked me to increase my payments. It was at this point that I decided to find out more about the way DCA's work & boy has it been an eye opener!
I sent Link a letter on 2nd August 2011 stating that my account was in dispute so further payments had to stop until they supplied me with a CCA. They received my letter on 4th August 2011 & replied straightaway with, what I now know is a standard (we haven't got it but give us 30 days & we will get it) letter.
Last week I received it & I don't know what to think. It is a two page photocopy with my signature & date on it & countersigned by someone at MBNA. It also had the APR on it. That was grand & convinced me it was mine. Upon further inspection I noticed the 4 or 5 pages attached with 'Terms & Conditions' typed at the top were a little more interesting as the figures on it didn't agree with the signed agreement. Interest rates were different, charges were different (£12 instead of £25 as it was then & is on the agreement) Only my address was typed at the top of it too whereas my full name & address were on the CCA photocopy. Am in right in saying that this is not enforceable as the figures do not match.
I am looking for advice from you as to what my next step should be. Secretly I was hoping for an unforceable agreement as I am saving over the next few months like mad, to be able to offer them a full & final settlement. Advice would be greatly appreciated.
I also SAR'd MBNA on 2nd August 2011 so I am awaiting this. Please give advice on this too as to be honest, when I get it, I wouldn't have a clue what to do with it
Also I don't have access to a scanner so can't scan the documents to you. Sorry!

HI,
Niddy will be along to advise you, but if link are still taking the £30 from your debit card and you want to stop paying or stop them taking the £30 you will need to report your visa debit card stolen, it will be a bit inconvenient but it will stop Link taking any more of your money.
Good Luck

[Never-In-Doubt]

Re: Is my CCA enforceable

Can you take a photo with a camera/phone and email that! Scanner's are not required in this day of digital enterprise

[keep the wolve]

Re: Is my CCA enforceable

Emailed the documents to Niddy (CCA doc & 2 parts of t&c)

Thanking you in advance.

[Never-In-Doubt]

Re: Is my CCA enforceable

i'll check in morning.... updating website today

[keep the wolve]

Re: Is my CCA enforceable

Thanks again. All advice would be greatly appreciated.

[Never-In-Doubt]

Re: Is my CCA enforceable

Hiya

I really can't read what you have sent too well, it'd be best if you could just take one photo of the agreement page, and a photo of any other pages they sent - in whole. You've took close ups but that doesn't help me assess anything as I cannot see the actual whole agreement....

Also, I am presuming you're the person who sent me 3 emails? You need to say in the subject line, who you are as I have 83 emails and am guessing that yours is that one as its the only one not from anyone I already know.

[keep the wolve]

Re: Is my CCA enforceable

Hi there

So sorry about the emails! Yes that was me

Thank you for replying to me. I am sorry about the photographs I sent of the CCA. I only have a camera on my phone & thought I was helping by taking a close up of the document, when I really wasn't helping at all.
Is it ok if I take a standard picture with the phone. I just wasn't sure if you could enlarge the picture.
I am just a bit confused about it all. The CCA is on the 2 pages (back & front) with my signature & the correct date. My confusion surrounds the attached 5-6 pages of terms & conditions as only my address is on this & the interest rates & charges all differ from my CCA. Head melting

[Never-In-Doubt]

Re: Is my CCA enforceable

Hi there

So sorry about the emails! Yes that was me

Thank you for replying to me. I am sorry about the photographs I sent of the CCA. I only have a camera on my phone & thought I was helping by taking a close up of the document, when I really wasn't helping at all.
Is it ok if I take a standard picture with the phone. I just wasn't sure if you could enlarge the picture.
I am just a bit confused about it all. The CCA is on the 2 pages (back & front) with my signature & the correct date. My confusion surrounds the attached 5-6 pages of terms & conditions as only my address is on this & the interest rates & charges all differ from my CCA. Head melting

Hiya

That is what I need to see - the whole pages so please take a photo of the front and back of each so I can see them. Yes, I can zoom it in and if not then I'll ask for another copy of the relevant part needed.

I can only presume that they've sent the original signed agreement page with current T&C's which is what they MUST send to comply with your s.78 request. So that is why things will differ.

However, if they have sent these extra terms and purported that they are the originals, then you have a better fight - thus I ask to see the cover letter they sent you as well.

It may be an idea to invest in a scanner you know, especially if you're looking at unenforceability as I will ask for copies of most things!

[keep the wolve]

Re: Is my CCA enforceable

Emailed NIDDY

[Never-In-Doubt]

Re: Is my CCA enforceable

Replied to email. The A&L credit card is Enforceable I'm afraid.

Due to the amount involved, I'd just ignore em or make a monthly offer asking them to hold interest.

Can you get hold of £300-£500? If so I could get you a good offer to settle and close it.

[keep the wolve]

Re: Is my CCA enforceable

Hi there

Sorry for just getting back to you now. Thank you for your great advice. I have been paying Link £30 a month from June 2009. This was set up to come out by Visa Debit on the 1st of every month. I have checked today to see if the payment had come out as I had requested in my CCA letter to stop payments until I got the document. No surprise that the £30 was nabbed out of the account. The greedy ***** didn't give me a chance to query it.
Anyway, I would be delighted to get a final offer to settle this & get them out of my hair FOREVER
My balance from today is £1268.00. I wouldn't be able to get the money together until end of Sept/start of Oct but I could get around £400 if that would be any good.

Thank you again for your help!

[oscar]

Re: Is my CCA enforceable

Replied to email. The A&L credit card is Enforceable I'm afraid.

I thought I would NEVER hear that with regards to an MBNA agreement!!

[Never-In-Doubt]

Re: Is my CCA enforceable

It's good mate. Surprisingly so.....