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Originally posted by The Tech Clerk
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I've not sent anything back as of yet, was waiting for some advice, should I? -
deadlines get it in and state as above do not admit the debt do not do the income sheetI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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HiOriginally posted by wolvaughan View Post
As this is over £10k you need to speak to our solicitor. Head to *AAD+ (https://all-about-debt.co.uk/members) and then down the right side you'll see details of how to contact our solicitor.
Do not do anything until you have spoken to them as it's critical you do not make an error at this stage.
* AAD+ is a subscription accessI'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Originally posted by wolvaughan View Post
We've now spoken about the Letter Before Claim
Send a Subject Access Request to Halifax to see what went on, and when it went on.
DiComment
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Originally posted by wolvaughan View Post
I can see you've updated your thread to say that PRA intend to issue a claim despite the fact that you have told them (in your LBC response) that you dispute the debt due to non compliance with your s77-79 CCA Request.
No surprises there because PRA are known to issue claims regardless.
You have also been told by Niddy that the documents they've sent you purporting to be the credit agreement are unenforceable
Di
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Hi All,
I have a new entry following a reply to one of my old CCA requests.- Type of account: Credit Card - MBNA
- Date commenced (ideally before Apr 2007): November 1998
- Approx balance: £3,424.32
- Date last paid (approximate date you last made a FULL payment): July 2008
- Are you on arrangement or not paying: Was on DMP currently not paying
- Status (default/in arrears/up-to-date): Default
- Account owner (who is writing to you, a DCA or the lender): DCA - Link
20 Feb - Letter from Link including 'Priority Request Form' signed by me 10 November 1998 with a copy of Financial and Related Conditions. The letter says the account is now enforceable.
Could someone help please, it appears to me that the form is just the application form and doesn't include the prescribed conditions.
Last edited by wolvaughan; 27 February 2019, 17:37.Comment
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morning please send what you received to Niddy,he will say if UE.
if this page loads properly, i have removed the duplicat post above,
NWI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Originally posted by wolvaughan View Post
May I ask why you sent two CCA Requests? Your post says one was sent on 1st May and the other was sent on 1st November (2018?).
The 'Priority Request Form' seems spurious since you say the MBNA credit card account was opened in November 1998 but the version you've been sent was signed in November 2018. I assume that's a typo.
As Nightwatch has said email the documents to Niddy for his opinion on whether they are unenforceable using webmaster@all-about-debt.co.uk
The fact that Link say the account is now enforceable is a matter of opinion especially if MBNA didn't issue/serve a compliant Default Notice etc. before the account was terminated and sold to Link.
Maybe now would be a good time to send a Subject Access Request to MBNA to see what information they have on the history of this debt. Do you know when (what year) it was assigned to Link?
Di
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Sorry Di, typing error it was signed in November 1998. I'll send the documents to Niddy for his opinion, unfortunately I don't know when it was assigned, I'll get a Subject Access Request off tomorrow.
I sent two CCA requests as the post office had no record of the letter being delivered and the cheque wasn't cashed so I couldn't prove they'd received the first one.Comment
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Originally posted by wolvaughan View PostDon't be concerned about proving deliver! Its enough for you to prove it was posted plus £1Did you keep the Post Office receipt?
On that receipt will be the date and Recorded Delivery Number. That receipt alone is evidence of Postage.
Plus
If you go online to Post Office tracking and enter the RD Number it will acknowledge the date of Postage even if it doesn't have a signed receipt
If you can print the PO tracking screen OR press {Prt Sc] which will create a screen dump of the PO tracking screen which you can save and print off!
You have the Cheque Numbers and presumably the Date when raised! Doesn't matter whether these are encashed or Not.
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In the past when the post office tracking has said it is still being processed, I have raised a complaint and amazingly they have found a proof of delivery. I think the good old post office don't always upload PODs
You need to be able to prove a CCA was sent, preferably by getting a reply but also by tracking postage.Personally I am not sure it is a good idea to tray and say well I sent a cheque but you didn't cash it - unless they have acknowledged the letter. A Judge might be swayed by an argument such as you must have forgotten to include the cheque.
I always think if you can dot your i's and cross your t's then you are in a much stronger position
It is all about having an air of credibility should it ever go to court
Turn up and be able to answer questions well goes a long way to persuade a judge on balance you are telling the truth
My judge believed me when I said , because I had kept all my records then when I said no DN was received it was probably true- well that and the fact they couldn't even say when it was s sent
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