XX007 - UE Diary - Tomorrow never dies

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

Type of account Creditcard - MBNA
Date commenced October 2001
Approx balance £20,700
Date last paid – March 2014
Are you on arrangement or not paying – made anarrangement with MBNA to pay £17 per month which I am continuing to do/ not paid Link anything
Status – default (oct/nov 14)
Account owner Link Financial

May 2014 wentthrough an income and expenditure on the phone when they said they would stopinterest and was then sent a letter saying I could pay £342 per month (Icouldn't then and I still cant)
July 2014send income and expenditure and offered £17 per month
July 2014 sent a letter giving me details to set up a standing order - did not mention anyacceptance of offer
August 2014 send me a notice of variation to my credit card account terms and conditions(not sure this is relevant, but I found it strange)
September 2014 sent default notice
November 2014 sent me a letter saying they were considering selling the debt and would I liketo make an offer (I missed this letter until it was too late)
December 2014 just before Christmas get a letter from MBNA telling me they have sold the debtto Link Financial on the same day I get a letter of assignment from link and I am told they own my debt and to start paying them the agreed £17 which wont bereviewed for 6 months from the assignment
January 2014 send link a cca request and MBNA a SAR
January 2014 link send me a letter saying it will take them 30 days to come up with it
February 2014 MBNA send me load of paperwork for their SAR
February 2014 Link respond to the CCA request.

I suspect this one is not enforceable, I have not paid Link anything so far but still pay MBNA £17 per month. They have not been hassling me yet, I'm not sure how to handle this or just leave it to them to make the next move.

MBNA - within the application form, above where you sign at part 10 "Principle Cardholder Request & Declaration" - in the first line it quotes condition 11 which should relate to sharing of personal information etc - however term 11 on the terms they allege were given to you mentions not increasing the APR on certain transactions. Therefore as things stand this would be unenforceable, however it can be remedied at any time by them presenting correct terms.

The above said, if for any reason when you signed this at the airport, as you technically only signed the form, it would be a breach of s.60/61 based on being improperly executed because I promise you now, those terms were not handed to you at no airport - that would be impossible as the terms are not relevant to your account. I am implying that how would you read terms at an airport when you're busy anyway heading to checkin etc; coupled with the fact the advisor / rep completed the form whilst speaking to you and left you to sign - suggests it is improperly executed. Point is, for it to be properly executed the rep must hand you terms, you read them all, you then sign to accept the terms and then the rep can explain repayments, interest etc and make it properly executed. That would take between 20-40 minutes in total depending on how fast you can read a set of terms and absorb the info - forgetting the fact you're excited about your holiday so your mind isn't exactly 100% focussed on a salesperson hassling you....

You ought to send back the Missing PT's template from here --> http://forums.all-about-debt.co.uk/s...l=1#post489180

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

Cool well that's currently unenforceable. Well done. Keep that letter very safe. They cannot enforce whilst the breach continues. But it CAN be remedied at any time by creation of recon agreement.

Are you paying into this? If so I'd consider cessation of payment ONLY if pre 04/2007

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Strange one today I got a signed for letter from Nationwide which is a response to my CCA request enclosing 6 months worth of credit cards statements but saying they cant provide a copy of the agreement at this time.

They also returned my standing order.

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

I don't think so. I got it from the templates section here, which is why I found it such a weird response from Barclaycard.

barclays are a strange bunch.

[The Tech Clerk]

Re: XX007 - UE Diary - Tomorrow never dies

Judging by their comment regarding since 2008 i.e. not being an offence you probably used a very old CCA1974 request??

Must be an old response from them then, really up to date they must be NOT! i..e. one for all responses

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

If you've made three separate CCA requests with three separate £1 postal orders in relation to three separate accounts then there should be three separate responses.

You've only posted up one response. Also you've only posted up the first page of that response so can you post up the rest (or email if you prefer).

The letter you've posted refers to providing you with a reconstituted agreement. Can you email that to Niddy with a copy to me making it clear which account this relates to.

Plan B x

Yes despite sending each of the CCA requests separately they sent all the replies back to me in one envelope. With three letters saying the same thing.

I have them all copied and I am emailing them now.

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Judging by their comment regarding since 2008 i.e. not being an offence you probably used a very old CCA1974 request??

I don't think so. I got it from the templates section here, which is why I found it such a weird response from Barclaycard.

[The Tech Clerk]

Re: XX007 - UE Diary - Tomorrow never dies

Judging by their comment regarding since 2008 i.e. not being an offence you probably used a very old CCA1974 request??

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

I have had a response to my 3 CCA requests from Barclaycard which I will send in to be looked at.

I have attached the letter I got from Barclaycard.

If you've made three separate CCA requests with three separate £1 postal orders in relation to three separate accounts then there should be three separate responses.

You've only posted up one response. Also you've only posted up the first page of that response so can you post up the rest (or email if you prefer).

The letter you've posted refers to providing you with a reconstituted agreement. Can you email that to Niddy with a copy to me making it clear which account this relates to.

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

I've not heard anything further from Nationwide or Shoosmith's.

But I have had a response to my 3 CCA requests from Barclaycard which I will send in to be looked at.

I have attached the letter I got from Barclaycard. Are the points they make valid.

[Spud]

Re: XX007 - UE Diary - Tomorrow never dies

Acknowledgement of your complaint is a good thing.....It should put things on hold for a little while

No news is good news with the other ones

Don't be hasty with wanting to make offers or giving them the idea you want to settle early......It may well be taken by them as a sign that there is a weakness in your argument and they may hold out. As Plan B said, There is a time and a place for negotiation. Negotiation with Creditors is like a game of Poker.....You don't want to show your hand too early......Follow the advice others offer, Most have been through this personally and speak from experience

You are in good hands here

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Got a letter from Shoosmiths today acknowledging the complaint and saying they will investigate and provide a final response within 8 weeks. So no court papers yet.

Still nothing from Nationwide or any CCA response.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

The only other thing I can think to do is contact Shoosmiths by email to say I want to negotiate.

I am quite nervous about what next week will bring.

Even if proceedings are issued there will be an opportunity to negotiate and settle at the Mediation stage.

I understand you feel nervous but there's nothing bad that can happen today (it's a Sunday) so put it to the back of your mind if you can

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Shoosmiths do have the letter I wrote saying I was complaining. Plus there has been no acknowledgement of the CCA request yet which was posted on 19 March.

The person I spoke to at the ombudsman service said if proceedings are issued I may be able to get the court to delay things if I ring them to say the case is being investigated by the Ombudsman.

I was resigned to just sitting it out and seeing what happens. The only other thing I can think to do is contact Shoosmiths by email to say I want to negotiate.

I am quite nervous about what next week will bring.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

I rang the ombudsman up yesterday and they said they would look at my case a bit quicker as there is court action pending.

With any luck the FOS will contact the bank and ask them to halt any legal action while they investigate, but don't count on it.

Shoosmiths' LBA deadline is 31st March so maybe check again with the FOS on Tuesday morning. The FOS will be dealing with Nationwide not Shoosmiths who would need to be uninstructed by Nationwide or at least told not to issue proceedings (yet).