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  • Zero_Savings UE Diary

    Hi NID,

    I am glad I found your site; I felt like I landed on the moon! I was about the settle for some discount offer with the DCA, but after talking to the rude DCA guy and been to your website, I decided will take a fight on them. Here’s the background;

    • Aug 2006 – MBNA took over this card from my previous bank with credit limit of £10k. I did not sign any CCA with MBNA.
    • June/July 2007 - MBNA contacted me and offered life of the balance (LOB) transfer at 0.2425%, monthly rate. This figure is on my statements.
    • 05/07/2007 – I made balance transfer of £8000 from all other cards to MBNA. Also paid £160 additional for the handling/transfer fee. I was paying by direct without missing any payments.
    • 27/05/2008 – MBNA increased the interest rate to 2.5292% monthly. (30.35%/year)
    • June/July 2008 - Made few phone complaints disputing the high interest applied despite the LOB offer interest rate. I was asked if I have anything in writing and I told them it was done over the phone. I was asked to write to customer services.
    • 11/08/2008 - Sent letter to MBNA disputing the high interest applied despite the LOB offer interest rate. (not sure it was via recorded delivery)
    • 04/03/2009 - Sent second letter advising that I have cancelled my direct debit due to no response from MBNA for my letter dated 11/08/2008. (not sure it was via recorded delivery). I also stated in my letter that I might lose my job and would like to resolve this matter before that happens.
    • 28/09/2009 - Received a letter dated 22/09/2009 from MBNA saying a default is due to register.
    • No default notice received MBNA or any other parties.
    • 30/09/2009 - Default date in credit file by DCA
    • 05/10/2009 - I sent a letter requesting CCA from MBNA via recorded delivery.
    • No response until today.
    • 29/10/2009 - Received a letter dated 23/10/09 from DCA stating they have bought the debt from MBNA.
    • 13/11/2009 – Received another letter from DCA to agree to a payment plan or contact and negotiate a favourable discount figure.
    • So far MBNA have charged £3660.46 as high interest.
    • I have paid back total of £2299.96 by direct debit. Out of this figure £1895.36 is the high interest I have paid.
    • MBNA continued to charge interest and the final payment they are demanding now via DCA is £9600.++.


    There are few things I need your suggestion;

    1. I did not sign the CCA with MBNA. Despite my request for the copy, no response from MBNA until today. Can I go by the route “no CCA, no debt”?
    2. I did not receive any default notice but the default is already in my credit file. Based on what you said in your site, they should send me three letters, with DN itself included. Also there was no post DN letter.
    3. DN was filed by the DCA on the 30/09/2009 but the DCA sent me letter dated 23/10/2009 stating that they have taken over from MBNA.
    4. How to handle this rude DCA?

    Your input very much appreciated. Apology it’s too long, as per you suggestion I am getting little organised now! My intention is to get all my defaults removed to get a mortgage. Cheers.

  • #2
    Re: No CCA & No Default Notice but Have Default in Credit Fi

    Hiya

    Basically you need to go through the full UE process, so first things first cease all payments and send the CCA Request to whoever owns the debt - in this case it will be the DCA. That spells out your intentions, and also means they cannot take any formal action against you.

    Regards default notice, things are slightly iffy on that front as a result of the McGuffick case - don't worry about your credit file, certainly not if you're following UE as you will get defaulted - lawfully.......

    How to handle the DCA - follow my guides and basically send the cca request, then tell me what they send back and i'll guide you as appropriate, stop speaking on the phone - if they call you, hang up or fail security and only deal in writing..... start by sending this: ---> viewtopic.php?p=603#p603
    I'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.uk

    Comment


    • #3
      Re: No CCA & No Default Notice but Have Default in Credit Fi

      Hi Nid,

      I have seized the payments since March 2009. Sent the CCA request to MBNA on 05/10/2009 while it was still with MBNA. Do I still need to send another request to DCA who took over since 23/10/2009?
      Can MBNA sell my account to DCA while my CCA request pending?

      I am not really worried about my credit file, its already screwed up...!
      Cheers.

      Comment


      • #4
        Re: No CCA & No Default Notice but Have Default in Credit Fi

        Hi all,

        Just read Nid's request about "Unenforceability Diaries".
        As I have 2 more cards, shall I just post a new diary in that forum?
        Cheers..
        Dave

        Comment


        • #5
          Re: No CCA & No Default Notice but Have Default in Credit Fi

          Hiya

          If they've not got back to you since 2009 then i'd leave it alone and ignore them - it remains unenforceable until they do respond, if they hassle you then consider sending the account sold template here: ---> viewtopic.php?p=2310#p2310

          Yes they can "assign" a debt - they can't (and won't) have sold the debt......

          Regards credit file, no problemo.... it will get knackered so if it is already then may as well test UE hadn't you?

          I will move this thread to the diary section for you, just make sure you read this and provide the info requested - thanks: ---> viewtopic.php?p=6789#p6789
          I'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.uk

          Comment


          • #6
            Re: Zero_Savings UE Diary

            Hi Nid,

            Thanks for your time, greatly appreciated.

            Originally posted by Never-In-Doubt
            How to handle the DCA - ….start by sending this: ---> viewtopic.php?p=603#p603
            Originally posted by Never-In-Doubt
            …..if they hassle you then consider sending the account sold template here: ---> viewtopic.php?p=2310#p2310
            I have already sent the 1st letter on Saturday by recorded delivery with £1 postal order. Shall I still send the second letter(account sold) quoted above? (I am still receiving letters demanding payments from the DCA). I think the second letter is much relevant; if the debt goes back to MBNA, it will much easier to deal with; possibly can come to a lowest settlement figure I can afford.

            2nd Card with MBNA

            I had another card with MBNA and being handled by the same DCA. I spoke to the DCA guy over the phone on Thursday and it was quite humiliating. I was really stressed out for rest of the weekend. On Saturday morning, I received a letter titled “Home Owner Notification”; just because I was honest with him and told him that I couldn’t get any equity from my existing mortgage to clear the debt! ;D

            For the second card, MBNA sent me the CCA (my original application form, final monthly statement and the terms & conditions. No signature in any other pages apart from my application form fill out somewhere at the airport.

            Can I PM you the CCA I received so that you can have a look please? The paper says £0 handling fees for balance transfers but the charged me about 2% handling fees. Also the interest rate had been changed 3 times and do not match with that stated in the paper. If what they have sent me is UE, maybe I can use this to come to a reasonable settlement figure with MBNA/DCA.

            Thanks again for your time.

            Cheers.

            Comment


            • #7
              Re: Zero_Savings UE Diary

              Originally posted by zero_savings
              I have already sent the 1st letter on Saturday by recorded delivery with £1 postal order. Shall I still send the second letter(account sold) quoted above? (I am still receiving letters demanding payments from the DCA). I think the second letter is much relevant; if the debt goes back to MBNA, it will much easier to deal with; possibly can come to a lowest settlement figure I can afford.
              Yea, still send the second letter - no probs, just go ahead and sent it as well.....

              Originally posted by zero_savings
              2nd Card with MBNA

              I had another card with MBNA and being handled by the same DCA. I spoke to the DCA guy over the phone on Thursday and it was quite humiliating. I was really stressed out for rest of the weekend. On Saturday morning, I received a letter titled “Home Owner Notification”; just because I was honest with him and told him that I couldn’t get any equity from my existing mortgage to clear the debt! ;D
              Can you trust me here - NO MORE PHONE CHATS WITH THESE SCUM OK? Deal in writing, ONLY! Can you email me the letter they sent you and also, confirm what did they send as the CCA (if anything)....

              Originally posted by zero_savings
              For the second card, MBNA sent me the CCA (my original application form, final monthly statement and the terms & conditions. No signature in any other pages apart from my application form fill out somewhere at the airport.
              Ok so this will be unenforceable, you need to email it to me....

              Originally posted by zero_savings
              Can I PM you the CCA I received so that you can have a look please? The paper says £0 handling fees for balance transfers but the charged me about 2% handling fees. Also the interest rate had been changed 3 times and do not match with that stated in the paper. If what they have sent me is UE, maybe I can use this to come to a reasonable settlement figure with MBNA/DCA.

              Thanks again for your time.

              Cheers.
              Email me and remember to add your username in the subject line and stick to one email per account and mark clearly what it is you're sending i.e. MBNA card 1 documents in one email / MBNA card 2 documents in another email etc etc - the easier you make it for me the easier and quicker i'll reply...

              email: never-in-doubt@live.co.uk

              :boobs1
              I'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.uk

              Comment


              • #8
                Re: Zero_Savings UE Diary

                Hiya

                This kinda is a little enforceable, but all depends on how "a judge" would see it - see the new section here: ---> viewtopic.php?f=13&t=401&start=0 For full details on how this works....

                However, in your case as the agreement was not signed on the same page as the prescribed terms, it was never properly executed meaning you can argue based on that fact - also, for a £5k debt trying to get "your house" is ridiculous...

                I'd look to send this to Credit Management Solutions: ---> viewtopic.php?p=2320#p2320

                However add the following text -

                "I note in your letter you state that you have done your homework and see that I have a house, good for you - shame though, for you, that it is protected under s.127 of the CCA - you have no legal right to attempt any formal action as this account, the balance, the execution and the agreement are all questionable so I strongly suggest you refer this account back to the original creditor, so that they can deal with my lawful complaint. As for your ridiculous claim that you'll go for a Charging order, please do not insult my intelligence - you would fail at the first hurdle should you even dare attempt such nonsense."

                After you see this (3rd paragraph):

                This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords). Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

                Make sense?
                I'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.uk

                Comment


                • #9
                  Re: Zero_Savings UE Diary

                  MBNA-1

                  Type: Credit Card
                  Date Commenced: pre 2007
                  Balance: £9800
                  Date Last Paid: 03/2009
                  Payment Status: Not paying
                  Account Status: Default
                  Account Owner: DCA


                  • 09/2010 – Sent CCA request letter to DCA (Niddy’s template)
                  • 09/2010 – Received reply from DCA quoting McGuffick case, blabla…
                  • 11/2010 – No CCA until today

                  Nid, can I still send http://forums.all-about-debt.co.uk/v...p?p=2316#p2316 or has the recent Oct 2010 OFT announcement has changed things? Cheers

                  Comment


                  • #10
                    Re: Zero_Savings UE Diary

                    MBNA-2

                    Type: Credit Card
                    Date Commenced: pre 2007
                    Balance: £4600
                    Date Last Paid: 03/2009
                    Payment Status: Not paying
                    Account Status: Default
                    Account Owner: DCA


                    • 09/2009 – Sent CCA request letter to MBNA
                    10/2009 – Received CCA
                    • 09/2010 – Niddy confirmed this is "kind of enforceable"
                    • 22/12/2010 Received letter threatening with CCJ, Bailiff warrant, Charging order etc... – ignored the letter.
                    • 03/01/2011 Received letter offering £10 per month free of interest. – ignored the letter.
                    • 13/01/2011 Received letter offering reduced settlement amount, which will be accepted as F&F settlement; but no amount stated in the letter. Thinking of coming up with about max 30% and try to get the default removed. Will this route work?
                    Last edited by zero_savings; 19 January 2011, 16:11. Reason: Update

                    Comment


                    • #11
                      Re: Zero_Savings UE Diary

                      Originally posted by zero_savings
                      MBNA-1

                      Type: Credit Card
                      Date Commenced: pre 2007
                      Balance: £9800
                      Date Last Paid: 03/2009
                      Payment Status: Not paying
                      Account Status: Default
                      Account Owner: DCA


                      • 09/2010 – Sent CCA request letter to DCA (Niddy’s template)
                      • 09/2010 – Received reply from DCA quoting McGuffick case, blabla…
                      • 11/2010 – No CCA until today

                      Nid, can I still send http://forums.all-about-debt.co.uk/v...p?p=2316#p2316 or has the recent Oct 2010 OFT announcement has changed things? Cheers
                      If they have still not sent a CCA then you ignore - they cannot take any action, no need to send that template.

                      * ALL templates have been updated to include recent OFT direction - thus my post on MSE saying the older ones there are way out of date. To get the latest updates, stick to this forum
                      I'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.uk

                      Comment


                      • #12
                        Re: Zero_Savings UE Diary

                        Originally posted by zero_savings
                        MBNA-2

                        Type: Credit Card
                        Date Commenced: pre 2007
                        Balance: £4600
                        Date Last Paid: 03/2009
                        Payment Status: Not paying
                        Account Status: Default
                        Account Owner: DCA

                        • 09/2009 – Sent CCA request letter to MBNA
                        10/2009 – Received CCA
                        • 09/2010 – Niddy confirmed this is "kind of enforceable"

                        Peacefully Hibernating…. Both DCA & me..!
                        Thingking of going 15-20% F&F settlement...any thoughts?
                        Nah, just ignore it until they make some sort of threat - do not do their job for them, as things stand they would want at least £3k to clear this account - wait a few months and you'll get this down to around £1k :grumble
                        I'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.uk

                        Comment


                        • #13
                          Re: Zero_Savings UE Diary

                          RBS

                          Type: Credit Card
                          Date Commenced: pre 2007
                          Balance: £574.22
                          Date Last Paid: 03/2009
                          Payment Status: Not paying
                          Account Status: Default
                          Account Owner: RBS


                          • 10/2010 – Sent 50% Settlement offer, Wescot wanted 80%
                          • 12/2010 – £574.22 withdrawn from my RBS current account without my authorisation

                          I instructed RBS bank not to authorise any payment to the Credit Card. They said they will put that in a note in my file. But this payment was taken without my knowledge. Do I have any chance to fight back?

                          Comment


                          • #14
                            Re: Zero_Savings UE Diary

                            Its called Right of Set Off - we always say never bank with the same org that you owe money to.

                            sorry, you've lost that money now! Close the bank account down!
                            I'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.uk

                            Comment


                            • #15
                              Re: Zero_Savings UE Diary

                              Damn....

                              Will close the bank account tomorrow...Fcuk them.......

                              Comment

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