My diary

[Deepie]

Re: My diary

Today sending template letter stating that there are no prescribed terms, on Niddys advice and will await their response.

Are you still waiting ?

[sjd67]

Re: My diary

Yes still waiting, all gone very quiet again

[sjd67]

Re: My diary

We'll worry about that later - for now send the above off

Just received letter off Arrow and some forms about mental health that they want me to get my Doctor to complete. I havent seen my Doctor about depression for ages as its pointless as its the level of debt I am in that is causing it.

I have actually sent them a letter off my Doctor in the past stating that I suffered depression and anxiety and part of it was due to the level of debt and that it would help if they backed off

I guess I need to send them another letter about it being unenforceable

Emailed Niddy

[Never-In-Doubt]

Re: My diary

I would resend the same as you did before, ie just say no - I do not agree to letting you share personal info etc and nor will I ask a health professional to complete anything as this is not necessary under any UK Act or Law that you are aware of.

Then remind them of their obligations within their CCL and the OFT guidelines regards treating vulnerable people with mental health impairments (depression etc)...

So I'd just send a copy of what I sent last time, if it was me

[sjd67]

Re: My diary

Yes it was you, thanks will send a copy to them tomorrow, will also point out that hey have previously had letters off my Doctor

[sjd67]

Re: My diary

This what I am going to send to them tomorrow.


I do not consent to you processing personal information or to having a health professional complete any form. I am not ware of any requirement under UK law to do this.I have previously sent you a copy of a letter from my Doctor confirming my condition and asking for your help and you have previously received financial statements showing that I am suffering financial hardship. If you have misplaced these please let me know and I can send you a copy

Irrespective of this going back to my letter of 9th October 2012, please pay attention to the content and respond in kind, regardless, in order to be able to adjudge my position effectively I still require a "true copy" of the actual agreement that apparently exists. I also require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT. I do, after all, make my request in good faith and I feel you would take advantage of your position and such an approach from your business would not be in the best interests of a healthy business/client relationship. In light of the above, I consider this account to be unenforceable until such time you properly comply with my original s.78 request and send a copy of the original purported document, if it exists. If it does not, then you must confirm this to me in line with your licensing guidance.

If you feel you cannot write off the debt based on my illness and pure inability to pay, due to severe hardship, then I suggest you at least comply with my s.78 request and send me an agreement along with full details of your internal policies regards to severe financial hardship cases which as you're no doubt aware, does restrict the action you are able to take and also protects me against unjust threats and bullying whilst you fairly assess my financial position. I have made it clear that I cannot afford anything and my illness prohibits that changing in the future hence writing off the balance is the best alternative all round.

As a result of the above and the fact this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a copy of the original agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming.

Yours faithfully

[Never-In-Doubt]

Re: My diary

nicely done

[Still Waving]

Re: My diary

Hi

Sorry to butt in, but I was wondering whether parts of the proposed letter might (at a stretch) be construed as acknowledging the debt, and so affect the SB timeline?

[sjd67]

Re: My diary

Good point one thats beyond me though

[sjd67]

Re: My diary

Received reply off Rossendales this morning saying "please find enclosed copy documents to support the recovery of the account detailed above"

They have sent one page which is an MBNA acceptance form.

Actually just realised it is a double sided photocopy

Have emailed Niddy

[sjd67]

Re: My diary

Just found one that they Arrow previously sent which is 11 pages long and does contain a load of terms and conditions, also some of the letters refer to the debt being £20,390.53 and others including the default notice are for £21303.66, don't know if this makes any difference.

Will wait for Niddys response

[Never-In-Doubt]

Re: My diary

Hi

Sorry to butt in, but I was wondering whether parts of the proposed letter might (at a stretch) be construed as acknowledging the debt, and so affect the SB timeline?

Only directly acknowledging it and/or paying into it affects SB - the letter above was fine

[Never-In-Doubt]

Re: My diary

Received reply off Rossendales this morning saying "please find enclosed copy documents to support the recovery of the account detailed above"

They have sent one page which is an MBNA acceptance form.

Actually just realised it is a double sided photocopy

Have emailed Niddy

Ok well based on what you have sent it would be

Why? Read the terms - what was purported to be on the reverse of that form - and you'll see they mention a range of conditions from 9.4 to 10.5/6 etc.... yet where are they?

They were NEVER issued PRIOR to issuance of the card, they couldn't have been cos the first you have seen of these missing terms is when Arrow sent a copy (the 10 page document thing - post 56 above)....

Point is, IMO this is UE and must remain so, as it was at fault at outset. However I will ask Paul for his opinion as I know he has recently won a case with similar terms so he's the expert with MBNA accounts from around 1996

[sjd67]

Re: My diary

That great news, will update if I hear off Paul and see what I need to send them. No doubt Tossendales will be start writing to me again now that they think they have fulfilled the CCA. Any comments about the discrepancies in the amount they are chasing and the default notice

[Never-In-Doubt]

Re: My diary

That great news, will update if I hear off Paul and see what I need to send them. No doubt Tossendales will be start writing to me again now that they think they have fulfilled the CCA. Any comments about the discrepancies in the amount they are chasing and the default notice

The amount will change usually (interest and charges etc). As for the DN - have you sent it me? Please do.