Well, this has been a lumbering and inconclusive affair. Cabot wrote this year saying that the balance was irresolvable and the account irrecoverable since they could not get requested information from MBNA. A few weeks later they started again with a new welcome letter. They have sent a 'copy' of the Notice of asssignment as forwarded by MBNA - no such notice was ever sent by MBNA to me - nothing else. They want contact to discuss within 14 days. Ho hum. Meanwhile they have added circa five and a half thoudand to the figure claimed. I guess its onward to court now, which may be my best option - interesting.

MrM you are a brick! I think I retype that to make sure -- brick! OK. Firstly thank you for your time. Yes, I recognise there is long hard road but I don't have any alternative ATM. I had a bit of an upheaval some timer ago and little respite since but it has been my resolve fight this giant bully and to pass on whatever I do learn to help the next wave, as it were. As for reviewing this thread, well I'm apreciative but I would not want you to divide your energies, I'm thankful for the replies you've given but I can't claim to be worth anything . Given more problems and any impasse I have faith that there will be an answer, don't make ny case a priority, I still have a brain(I think so nayhow). Bless you me dearyO! CAG Rules

Aha, OK, a bit more for me to think about there MrM, thanks. Not being good with accounts, which is, sadly, probably a small part a part of being here in the first place I'm going to have to look for a little help in assesing the amounts I should dispute in terms of excessive interest. Is there precedence for successful challenge of these interest hikes? I'm not exactly panicing any more thanks to CAG and its regulars, however this is a bit like peering through the twighlight.

I've perhaps made a slightly skewed demand for repayment of late payment fees. Reading through the FAQ it would appear that there has been a figure of £12 set as a cap for late fees etc ATM. Are people still claiming whole amounts of these fees or just the difference between £12 and the charge levied, plus interest of course? Looking at the spreadsheet available here it calculates the interest from the date of the charge until the present? I need to calculate from the date of charge until the account was terminated. What happens to an account that was defaulted, terminated and sold to a third party where there is a claim for a refund which it seems will be on hold by the courts for some time? MBNA sold the account, and I'm just guessing, but it looks from their previous form that they will not play ball and may refuse to cough up. Its only a small amount but they have refused to allow me to see (via prescribed terms refering to T&Cs they won't supply) what I'm entitled to. Rant mode.. I still can't believe (just waking up I think) that they hiked my interest rate to nearly 35%. That has ro be worth another FOS complaint

Hi MrM, Good to see you're still active. I did write to Cabot pointing out that there was a dispute and havn't heard from them since February. My communications of late have been with the FOS and MBNA. Unfortunatley the application form looks enforceable, if they can produce the original and prove a link to the prescribed terms they produced for the reverse side. As it stands though, MBNA have still not provided the T&Cs relevant and tried to fob off the FOS with a number of different sets all of which I had to point out were from different years. They now claim that I will recieve no refunds because of the T&Cs. The FOS just gave up despite my protests and I'm writing back to MBNA to make further complaints which I'll have to take back to the FOS if they don't comply. In the early days MBNA refused to take token payments of £5 saying that they would have to make a charge of £3 for this. This they now deny. This has taken 2 years so far and they have not given any indication of reasonable behaviour. If MBNA or Cabot want to go to court that'll be fine I have an excellent record of everything thanks to early reading here. They won't get any blood out of this stone and I have a bit more fight these days.

Well, it took the FOS a year to decide that there was no case for MBNA to answer. I rejected their decision and wrote to MBNA to tell them this and ask for a return of the late fees they charged on the life of the account. I also asked for a return of the fees that Cabot had placed on the account which had neen sold to them early this year while the FOS were investigating. The FOS requested original T & C several times but MBNA kept sending copies related to different years and eventually gave up saying that MBNA could not supply them because they simply did not have them, tough but unimportant. They also said that I had obviously seen the originals because they would have been sent at the inception of the agreement. The FOS appear to be a waste of time. MBNA now say that the penalty charges were 'default sum fees' in accordance with the T & C which remain valid and will not be refunded. Since they have never supplied the relevant T & C how can I be sure? Also the prescribed terms on the back of the application form are illegiible in the part where there's a table of charges. Perhaps I should now send an LBA to seek refund of the penalty fees? Only a small amount but it does mean that the default notice is incorrect and this was also sent while I was disputing their CCA response. I notice that Cabot have stepped up Court proceedings. Perhaps I should look forward to them having a go.

Telephone harrasment letters galore to both MBNA and DCRI, an assurance from MBNA in writing that they have removed my mobile number (but refusing to remove the land line number) from their records and a complaint with the FOS about the lack of compliance and *still* getting text messages from the DCRI VIP investigating officers offering 50% reduction.

So the Consumer Credit Act 1974 does not apply to Cabot and they have no duty or obligation to supply any infomation. Despite this 'final response' they are still adding interest and sending regular statements with request for payment. Their approach does not seem to be uniform. Some people are reporting wholly different treatment. Very strange.

I've heard of a police state but a bank police state is just mind bogglies! Mind you...

TS say if you've had a final response go straight to the FOS.

Thanks odds. I don't mind speaking to them if I choose the time and know what I'm talking about. They have had harrasment complaints and the phone rarely rings now. I'll be getting the letters off for tommorows post. Looks like the answer is to stay on the offensive.

No, no agreement, not even an illegible scrawl or a dodgy reconstruction. I will certainly be making the complaints despite the apparent lack of concern from FOS and TS reported here so often.

Will certainly do! A year ago I was in abject despair. Tables have turned a fair bit now thanks to people here.

This just dropped through the letterbox. "I am sorry we have not been able to resolve this matter to your satisfaction. I have reviewed your complaint and detail my findings below. Our understanding of your complaint: You would like Barclaycard to provide you with the following: • Validation of the debt with the actual accounting • Verification of any claim that we have against you with a signed affidavit or signed invoice • A copy of the contract binding both parties Background to the events leading to your complaint: You wrote to Barclaycard stating that you believe you are not indebted to Barclaycard unless we provide you with the three documents listed above. What we have done to resolve your complaint: Enclosed are the following documents: 1. A copy of your terms and conditions at the time your Barclaycard account was opened. 2. A copy of your last month's statement of account. Summary of our internal investigation: As far as our records show Barclaycard has provided you with the information you requested, and therefore considers that your account is enforceable in accordance with the terms and conditions. Please refer to the terms and conditions which we have previously provided to you for an explanation of what Barclaycard is, and is not, allowed to do in relation to your account. It is our view that we have responded satisfactorily to all of your concerns raised and that this is our final response with regards to this matter. I am sorry if this is not the outcome you anticipated, however, I hope my explanation is beneficial to you in the circumstances. For the purposes of the Financial Ombudsman Service you may regard this letter as our "Final Response" to your complaint." Signed affidavit or signed invoice? They included a statement but there was no signature of any sort. The T&Cs were indeed Barclays and not the original CC company - never had an agreement with Barclays, the account went way back before they took over. This letter is also a distortion of my communications with them and looks like they are trying to paint me in an unfavourable light for the now inevitable scrutiny by an authotrity . Originally I sent Mercers a CCA request and kept reminding them of it every time I got more demands for payment. Looks very much like they do not have the original agreement and are now going to lie, cheat, bully and bluff their way forward.

Thank you Sequenci. It may be that 'invite to sue' may be a practical solution for me here barring minor miracles.

OK, will do. Going by past performance they'll probably ignore this too though:mad:

Thank you. Quite a haven is this CAG. I would certainly be in a very different situation with it.

I'm in rented accomodation. There's nothing in the Terms and Conditions that mentions interest charges during enforcement or post-judgement.

Very useful, just what I needed, thank you!

I had gathered from reading around here that I should not place too much in the way of hope for anything from FOS or TS or the PM for that matter:) Are the BBC's watchdog people interested in MBNA/DCRI ? Not something I watch - the TV conked out!

I sent an up-to-date income and expenditure breakdown to everyone last year and nothing has changed since except I get closer and closer to a judges decision. I'm way past CAB, CCCS or National Debtline help here. If I could get the interest paused on the loan I might have a miniscule higher chance of getting out of this very deep hole. Optimism is becoming rarified though.

Thanks for moving this thread steven4064 MBNA have responded to my complaints about DCRI continuing to send text messages and letters with a waffle about needing to telephone if no other means are possible blah blah. They claim to have removed the mobile number but DCRI still text. Don't their 'Investigation Officers' have anything more important investigate? No word yet from the FOS apart from a ref number.

Thanks for the move. National Debtline were as helpful as CCCS. These were my next ports of call after CAB. I have a negative income/outgoings and no luxuries. There is no further help available to me that I do not have already and I've been staving off BR by reading avidly the many thousands of posts here. Although confidence can be gained here very quickly certain knowledge is not so easy especially since so much depends on interpretation and so few people have a good understanding of the legislation and processes. I would love to get sorted at once, unfortunately ATM it looks like I'm in the proverbial for the long term.

Is there a point to requesting this as opposed to making a complaint? I've sent a number of letters of complaint to them, all very specific and they have promised to investigate and respond before, and this latest time by the begining of May. Not a single word referring to the CCA/lack of CCA and a persistent stream of bullying nonsense from Calder ("We coming to get you!") If they do turn up I have something very special for them

CCA request was received by Mercers late November last year. They have not responded. They continue to send demands, threats and today (23rd) a calling card sent in an envelope postmarked 21st warning of a visit on the 22nd. Do they have time machines? I have written to them on many occasions about the relentless letters and calls and every time included a copy of the CCA request which they have so far not even acknowledged. They must have had a copy a dozen times by now! In fact I have sent copies of all letters every time so there are no misunderstandings. This account goes back a good few years but is not Statue Barred by a long chalk. Thankfully the telephone has been quiet of late probably due to the harrasment letter and several follow up complaints. I gather from reading many other threads that responding to individuals is not their forte. The Customer Relationship dept are perhaps very busy so I guess I just have to wait. What a shambles.