CCA, CCJ, MBNA ............ What Next??

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Hi Niddy,

Finally received a letter this morning with regards my CCA request stating:

"You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response".

They will also not cash the cheque (which is not mine).

As per my previous post do I need to do anything with this now that I have sent the CPR letter, are they likely to go down the same route with that?

Why are they questioning who I am now after all the letters, CCJ papers they have sent etc. or is this typical delaying tactics?

These guys are driving me mad - appreciate any assistance you can throw my way.

[enoughisenough]

Re: CCA, CCJ, MBNA ............ What Next??

Why are they questioning who I am now after all the letters, CCJ papers they have sent etc. or is this typical delaying tactics?

Think you've hit the nail on the head there!

[in-a-pickle]

Re: CCA, CCJ, MBNA - Preparing my defence

Hi Niddy and all,

Slipping back into worry mode at the minute, I have to put forward my defence next week and want to make sure I am doing this correctly.

As per my previous post, my CCA request has not been fulfilled, found a letter on here with regards wanting a signature so have promptly posted that off - haven't sent a chase up letter yet, not sure if it is relevant now with the CPR request.

My CPR letter deadline has now passed, nothing recieved today so I will need to follow this up with the DCA.

Presuming nothing is received before I have to put my defence in next week, would this be classed as an "embarressed defence" and state their failure to fulfill both my CCA and CPR request?

I might be getting a bit ahead of myself here but how long can they carry this on for, not responding to me and delaying things. If they haven't complied within my deadlines can I ask for this all to be stopped?

I know you are up to your neck in it (yes, I know an understatement!!) and I shall wait patiently for your words of wisdom.

P.S. I can't find the smilies, but I have added a few in spirit lol!

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Oh, I found it - pressed a button next to submit by mistake and they came back

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Hi Niddy and all,

Still nothing received with regards my CPR request, is there a template letter to follow this up with (I can't seem to find one) ;Red

I have printed the SAR letter and have a cheque to post to MBNA (not mine, so no signature!) - I will post this tomorrow, recorded delivery, hope I am correct doing this!

Look forward to hearing from you ;30

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Hiya

stop stressing, you will be applying for set-aside as they are failing to respond properly to you... your defence will now include all the above, i.e. failure to comply with s.78 (CCA1974); failure to comply with DPA1998 by sending sensitive data when they were not sure it was you (their recent letter is proof of that) plus they issued proceedings against you without knowing it was you - so you send of CPR and they ignored that as well...

this is a clear bodge up and will be set-aside.

Go and join CAG and post there as the guys there are all into this legal side a lot more than me, plus I cannot guarantee you the time you need to defend this. The guys at CAG will be able to help file the correct defence. Don't bore people with history, try and stick to bullet points and list the errors - basically the same as your defence...

CAG linky here: ---> http://www.consumeractiongroup.co.uk/forum/index.php

Although to be fair CAG is shyte lately and a nightmare to navigate, they changed it all and now it is utter crap lol.... but you may find useful info if you hunt hard enough!

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Thanks Niddy, I appreciate your help, I will get it sorted tonight (starting a new job today )

I will keep you all posted on the progress, you never know it may help someone else in the future.

Onwards and upwards as they say 2

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Hope you enjoyed the first day at your new job matey.......

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Hope you enjoyed the first day at your new job matey.......

First week wasn't too bad, but god can they drink tea - a fresh cup about every 45 minutes - my bladder needs a rest ;LOL

Initial defence filed ..... will keep you posted on that - sent you a PM re. a letter they sent me - what a bunch of plonkers - I think I will write to Trading Standards and the Information Commissioners Office re the breach of Data Protection.

Have a great weekend ;Hi

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

First week wasn't too bad, but god can they drink tea - a fresh cup about every 45 minutes - my bladder needs a rest ;LOL

Initial defence filed ..... will keep you posted on that - sent you a PM re. a letter they sent me - what a bunch of plonkers - I think I will write to Trading Standards and the Information Commissioners Office re the breach of Data Protection.

Have a great weekend ;Hi

Tea? Tea is good - I like tea, but not every 45mins LOL.....

Well done for initial defence, I have 216 PM's to get through so bear with me - eeek, had a couple of days off - should respond by Monday for you cos in early again tomorrow. I've done a new thread, may be worth looking into it cos this lists examples of enforceable/unenforceable agreements ---> viewtopic.php?f=13&t=401

I'll check emails later and sort whatever you emailed me separately.... :boobs1

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

[quote=Never-In-Doubt][quote="in-a-pickle":1fz33fr7]First week wasn't too bad, but god can they drink tea - a fresh cup about every 45 minutes - my bladder needs a rest ;LOL

Initial defence filed ..... will keep you posted on that - sent you a PM re. a letter they sent me - what a bunch of plonkers - I think I will write to Trading Standards and the Information Commissioners Office re the breach of Data Protection.

Have a great weekend ;Hi[/quote] Tea? Tea is good - I like tea, but not every 45mins LOL.....

Well done for initial defence, I have 216 PM's to get through so bear with me - eeek, had a couple of days off - should respond by Monday for you cos in early again tomorrow. I've done a new thread, may be worth looking into it cos this lists examples of enforceable/unenforceable agreements [b]--->[/b] [url="http://forums.all-about-debt.co.uk/viewtopic.php?f=13&t=401"]viewtopic.php?f=13&t=401[/url]

I'll check emails later and sort whatever you emailed me separately.... :boobs1[/quote:1fz33fr7]

;Hi Hi Niddy,

Thanks for taking the time out - I really do appreciate it k

I am sure you will have a few choice words to say on the subject ;-y

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

;Hi All,

Things are fairly quiet at the moment, initial defence submitted online at the weekend and letter received from the courts to say DCA has 28 days to reply , countdown has begun ;EEK

Still nothing on the CCA request, CPR 31.14 also ignored, CPR chase up letter gave them 7 days to respond .... that's up tomorrow, also waiting for my SAR request to be responded to as well.

I know your busy Niddy but when you get a chance would appreciate what your thoughts are regarding my PM to you on the DCA's breach of DP ;Spank , I would love to make a formal complaint and add this to my next defence.

I will keep you posted as and when something happens :xmas6

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Hiya

Ok, lots of complaints here that all add up to help your defence;

1. No default issued prior to attempted CCJ - no default ever issued/received (breach of s.87 & s.88)
2. You were paying an amount each month into the account
3. The account total was disputed (due to excessive charges)
4. They went for a CCJ without telling you - even though they knew your address etc
5. They ignored your CCA Request
6. They then tried to refuse dealing with you without a signature, even after obtaining an unlawful CCJ (Breach of DPA)
7. They have responded with an application form which although yes, it does comply with s.78 & s.127(3) - it does not comply with s.60(1) meaning this agreement is only enforceable by court order under s.65 (CCA1974)

That's for starters.... you don't want to sound too cocky, just state the basics and get them for mis-management and rash behaviour, i.e. how can they ccj you without a default and without notifying you when you've been at the same address all the time?

Best of luck.....

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

;Hi Niddy,

Just wondered if you have a chance to look at my e-mail from last week re. the cca documents sent to me - not a great copy but it looks like an application form to me with a few T&C's around the side - I'm sure you will know best on that (this is my partners not mine).

If it is an application form - can they still be granted a CCJ if it goes to court?

Normally, I would follow up with your "Application Sent" letter - is this still applicable now that proceedings have started?

CAG are still a bit slow on the advice side of things but with this being your particular field of expertise I was hoping you coulsd through a bit of info. my way 2

Thanks again for your help.

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Look up - replied the other day!!!

----> viewtopic.php?p=15393#p15393