CALLING NEVER IN DOUBT

[igotdebt]

Re: CALLING NEVER IN DOUBT

Sent email with scan as best I could do - hope ok

in the morning i have school runa nd a couple of hours work, so dont think I am bein rude if I ignore you!

Thank you

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

hi, nid pm'd you at 1032

im offline for a couple of hours, thank again for all your help

Thanks for email - ok nothing has changed respond as directed here: viewtopic.php?p=16185#p16185

Niddy ;-y

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

Hiya

Ok, lets get this sorted once and for all. You have emailed me several documents - in the first email there were 8 attachments, pay attention to documents

apr_mbna2 - this is enforceable as it is signed within the prescribed terms
apr_mbna4 - this is unenforceable as it is unsigned and seems to be generic terms

So, it depends which CCA is relevant to the account, as you cannot (clearly) have two agreements for the same account - you need to check with hubby what CCA he did actually sign, it doesn't help either that you've blanked bits out so cannot give a definitive answer regardless..

The terms received in August doesn't matter - this changes nothing (why did they re-send the terms anyway?)...

You have not been served court papers have you? So why have you not responded with the template I advised on the 5th - that was 3 days ago now! This here: ---> viewtopic.php?p=2318#p2318

You'd send that regardless - to stop any *possible* action being taken!

[igotdebt]

Re: CALLING NEVER IN DOUBT

Nid, sorry I was advised to blank stuff out previously, so did, I can resend without if you want. There are so many attachments as I have scanned in each page

Here is the thing, all the attachments according to MBNA are for the same account, so they clearly have in apr_mbna2 an enforecable prescribed set of terms.? (in which case surely the letter I sent as directed which states them to be unenforceable is going to be a problem?)

why august? I assume this was as I sent the letter saying after 12+2 they had failed to send a true copy of an enforecable agreement, I wasnt paying....and when the muppets phoned we ignored them / failed security which wound them up I guess

Re the PM - I was talking about a 2nd account with the same creditor which is passed to a debt recovery company...and have just sent a letter now. Lets park that one for the moment

many thanks

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

Hiya

Ok, even if one is enforceable then you'd simply blag it until they made a decent threat which in this case they have not - i'll keep you on the straight and narrow but you do need to keep me updated and post replied whenever anything changes.....

As before just send the template - point is we'll see what they do. As they have sent you a confirmed compliant agreement you're gonna have to blag this - if and only if they send court papers do you back down and agree to a repayment scheme with them.

[igotdebt]

Re: CALLING NEVER IN DOUBT

Thanks NID!

It has been sent recorded delivery

I will start a seperate thread about account 2, tomorrow morning

You are brilliant!

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

Thanks NID!

It has been sent recorded delivery

I will start a seperate thread about account 2, tomorrow morning

You are brilliant!

Ok, but if that is how you do things you need to be aware I will move and merge threads into one - I have explained how people should post their threads - see this for FULL details: ---> viewtopic.php?f=49&t=9

And see this, for the "Perfect Forum Layout" ---> viewtopic.php?p=6789#p6789

[igotdebt]

Re: CALLING NEVER IN DOUBT

hi

just an update. letter from optima legal seervices saying my comments are noted and they are taking further instructions from their client and will contact me in due course

watch this space

meanwhile, thanks for your help

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

Best of luck y

[igotdebt]

Re: CALLING NEVER IN DOUBT

Nid - all

seperate account with the same creditor (joint with partner). Allied international phoned on tuesday and spoke to my hubby, who basicaly said the account was unenforceable and quoted back a letter from the OC which reads dated 29/09/10

"Unfortunately the copy of the agreement that we have retrieved is incomplete, and at the moment, we are unable to provide a complete copy.

while we try to locate this we confirm that we will not issue courtt proceedings against you to recover the amount owed to us. However, please be aware that you should continue to make payments to your account. This is becuase your debt continues to exist and has not been extinguished, so you continue to have an obligation to pay nus. We are also entitled to report your repayment patters to CRA, including where appropriate registering a default against your name. This has recently been confirmed in two High Court decisions:mcguffick v rbs and carey v hsbc."

The representative on the phone from allied said she would need to check the records, as she believes a full copy now exists, and has arranged to call back tomorrow afternoon

My partner has been educated by me. And tomorrow afternoon, I will be answering the phone, stating that as I have still 7 months after the enchasment of my £1 cheque from the OC not received a complete copy of the agreement under section 78 of the CCA 1974, and Ihave never had any financial dealings with AI, and I have not received any confirmation from MBNA that they have instruced AI to pursue any debt, and as I do not discuss financial matters over the telephone....go do one!

Make sense? Anything to watch out for?

Thanks

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

I wouldn't speak, fail security and get them to deal in writing...... sorry I cannot ever condone the conversing between customer and DCA - I can't agree with it lol.

[igotdebt]

Re: CALLING NEVER IN DOUBT

NID, Noted and will be actioned. I have however today had a letter chasing the 1st debt, the one which I scanned and sent and this thread is about and is in reply to the template letter i sent. welcome your thoughts

Dear xxxx,

Ref xxx

We write with reference to your letter dated xxxxxx and confirm that we are now in receipt of the requested info from our client.

we can confirm that our client provided you with a formal response to your s78 request on xxxx and that this was sent to you at the same address that you have written on the above mentioned letter. a copy of the letter that was sent to you by our client is enclosed for your reference. the letter was not returned to our client via the postal service and is therefore deemed served.
you state that our client is in breach of the cons. prot from unfair trading regs 2008. our client denies having rbeached the regs and in any event the comm date for the regs is 26 may 2008. these were not law at the time the agreement was entereed into on xxxxxxx05

our client is not in breach of the DPA98 and should you be able to provide us with the sections that you believe have been breached a detailed response will be sent to you regarding this assertion. both ourselves and our client are registered in accordance with the dpa 98 and are entitled to process the defendants data for the purpose of debt collection.

you have already been provided with a copy of the original signed agreement, however, please find enclosed a further copy of this and for the sake of clarity a reconstituted copy of the agreement. we ahave also enclosed a copy of the most recent t's and c's that are applicable to the account
The prescribed terms are clearly displayed in accordance with all of the form and content requirements of the CCA REGS 83 at the time the cred card agreement was executed by yourself.

[igotdebt]

Re: CALLING NEVER IN DOUBT

IT GOES ON....

under sched 6 of the cca reg 83 the agreement must cont the following prescribed terms
1) a term stating the credit limit or the manner in which it will be determined

2) a term stating the rate of interest or the manner in which it is determined
3) a term stating how the debt should be paid

clause 1 of the enclosed t and c state "we will choose your credit limit and tell you what it is. we may vary it at any time and write to let you know

clasue 2b and 2g of the t's and c's state the rate of inteterest and the manner it should be determined

clause 1b of trhe claiments ts and cs state how the debt should be paide.
The agreement DOES comply with the conditions set out in sect 61 of the cca 74 and remains enforcable
in relation to your comment regarding the case carey v hsbc, the carey case is now settled law and you will note from para 54 of the judgement that our client is entitled to satisfy its duty of disclosure by providing a copy of the exectured agreement. the copy may be from sources other than the actual signed agreement.
for completeness we have enclosed a copy of the monthly statements sent to youat your home address. thes statements show the activity on the account and all payments made. you will note you have failed to make a minimum payment in accordance with the t's and c's of the account since xxx2010, xxxx months ago
we trust that the info provided clarifies our clients position and look forward to receiving your payment proposals by return

yours

-------------------


SO what do you think i should do now? They originally wrote suggesting x per month and opened door on a reduced full settlement, but obviously I didnt discuss as went with the go away letter...

cheers

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

Hiya which debt is this in relation to? And who is the lender/dca? Thanks.

P.S stop typing letters lol. Email me it instead! Must be quicker and easier

[Never-In-Doubt]

Re: CALLING NEVER IN DOUBT

Hiya

I have the email but I am totally confused as to which account it is for cos you never once done a proper diary for us...... anyway, it is signed on the linked terms so that particular one is unfortunately enforceable. ;F-