My diary

[sjd67]

Re: My diary

Letter received off Debt Managers today saying comments have been noted and are being dealt with under their complaints procedure, they are unaware of any dispute with Arrow, they dont view that phoning me is harassment but wont do it again and also wont pass the account to any external agents. the account has been placed on hold while they await a response from Arrow

[Never-In-Doubt]

Re: My diary

Nicely done. Have a week or 9 off

[sjd67]

Re: My diary

Just got a reply off Debt Managers stating that Arrow complied with the CCA request on 14/2/1 and did not receive any dispute from me after this and to complete the enclosed income and expenditure form and to make offer of payment. Should I reply stating that this has been disputed previously with other DCAs and send them the missing prescribed terms letter? Do I need to give details of when it was disputed?

[Deepie]

Re: My diary

Just got a reply off Debt Managers stating that Arrow complied with the CCA request on 14/2/1 and did not receive any dispute from me after this and to complete the enclosed income and expenditure form and to make offer of payment. Should I reply stating that this has been disputed previously with other DCAs and send them the missing prescribed terms letter? Do I need to give details of when it was disputed?

or send them a fresh CCA request

[sjd67]

Re: My diary

or send them a fresh CCA request

Good one, just been trawling through my letters and found that I actually disputed it with Arrow in 2010 when they first complied, seems they arent aware that they had already complied. Wouldnt sending them another CCA request mean the clock starts ticking again though?

[Deepie]

Re: My diary

Good one, just been trawling through my letters and found that I actually disputed it with Arrow in 2010 when they first complied, seems they arent aware that they had already complied. Wouldnt sending them another CCA request mean the clock starts ticking again though?

Nope....

[sjd67]

Re: My diary

Nope....

Great I will rush to get one in the post some point next week then

[sjd67]

Re: My diary

Should I write to them enclosing a copy of Niddys letter from post number 34 on page 2 which quite clearly shows I have disputed it or just send off a new CCA

[sjd67]

Re: My diary

Right new CCA request printed out and ready to post to them

[Undercover Elsa]

Re: My diary

Good move Sjd

[sjd67]

Re: My diary

Received the same application form and unenforceable terms today from Arrow and a letter stating that they had already complied etc and to deal with Debt Managers. Should I send them the application form received letter, when Debt Managers next decide to hassle me?

[Still Waving]

Re: My diary

Hi sjd67

Without a concise history of the account journey thus far in one post, I can't easily see what letters you have already sent. It might be helpful for the experts here if you could arrange to update with a potted history at some point and going forward, as it saves scanning back over many posts to get up to speed. Just a comment, not a criticism.

[sjd67]

Re: My diary

Thanks here goes

MBNA
Balance £20,500
Taken out November 1996
Not making payment
Last paid in full January 2006

Been chased by various DCAs. Have not worked for over 7 years, do not receive any benefit other than housing benefit and have no assets other than a cheap car woth a few hundred quid.

25/09/09 CCA Request sent to Arrow
Various letters from, Arrow, Fredrickson, Robinson Way recieved
8/10/12 Letter off Rossendales insisting I pay £10 per month
10/10/12 Sent letter to Rossendales asking for debt to be written off due to financial hardship
12/10/12 2 letters off Rossendales confirming acceptance of agreement to pay £10, that I never agreed
15/10/12 Letter sent to Rossendales and Arrow advising them of unenforceability
Which was this

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter(s) dated 8th & 10th October 2012 with some severe concerns which requires your immediate attention.

I wrote to you on xx October 2012 clearly outlining my position and total inability to settle this debt due to my personal circumstances and illness. In response to this you decided it'd be fun to create an offer for me, and send your client confirmation of this offer, even though I never (at any point) made an offer. I do not have £10 per month and even if I did, it would be for me to make any such agreement, not you. Just who do you think you are? You cannot go around making offers on other peoples behalf; this account is also disputed and has been ever since the original creditor failed to adequately respond to my lawful s.78 request. This request remains outstanding and the fact no offer has been made, based on my having a viable dispute over the whole account, provide additional reason not to make any offers with you.

Going back to my letter of xx 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.

A copy of this letter has been forwarded to your client, Arrow, as I am sure they'll be interested to know that you make offers for people without their knowledge. On that note please send me confirmation and proof of how such an offer was applied to this account, which should be interesting to say the least.

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,

22/10/12 Letter off Rossendales advising they are contacting their client with regard to my query and account is on hold
14/01/13 Same letter as one from 22/10 received today
11/05/13 Letter received off Arrow about Mental health with forms to fill in, Niddys response was to tell them to sod off as they have had letters off my Doctor

Last made any payment over 5 years ago. according to Niddy there are a number of CCA breaches
Niddys post:

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)....

Also the penalty charges they refer to are the reduced ones from much more recent

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

22/11/13 Rossendales letter stating say they are acting in good faith on behalf of Arrow and the debt refers to an MBNA card taken out in 1996 at one of my old addresses, not the correct one where it was taken out. Then goes on to say they understand I am asking for a copy of the CCA and there is a charge for this of £1, please resend my request and enclose £1....replied stating that this wasnt what I requested and to read previous letters

18/1/14 Letter off Rossendales saying no longer dealing with this and being passed back to their client.

3/4/14 Arrow informed me was now being dealt with by Debt Managers
19/4/14 Sold in dispute letter sent to Debt Managers
23/5/14 letter off Debt Manager advising me that Arrow complied with the CCA request in 2011 and it has not been disputed.. Clearly Arrow dont count the letter I sent them as a dispute.
28/5/14 New CCA request sent
6/6/14 Letter off Arrow tih the cheque that had been sent to Debt Managers for £1 enclosed, along with the original application form and a copy of some terms and conditions which are not the ones that were applicable when taken out.

Hope this makes sense.

[sjd67]

Re: My diary

Letter received off Debt Managers saying how much they want to help me and that I havent replied to their recent communication, which was in May, not going to reply until they get a bit more threatening. Should I then send them the application form received letter or more or less the same one as above which was sent to Tossendales?

[IF]

Re: My diary

Letter received off Debt Managers saying how much they want to help me and that I havent replied to their recent communication, which was in May, not going to reply until they get a bit more threatening. Should I then send them the application form received letter or more or less the same one as above which was sent to Tossendales?

Sorry we missed your post.......just checking how things are now sid67?