Hi Reader, I'm gobsmacked, today i have just received my CCA by recorded delivery. I will post up all the details later on my thread Elg.

Good luck Mich7k, Watching your progress with fingers crossed for you. Elg

Hi Reader, Thanks for popping by to my thread, Can i ask what date your application has on it. as you know they haven't even sent me mine and it would be for 2004

Hi Reader The ICO took a long time to get back to me over my Marbles SAR, so i kept adding to my case file with them, each time i wrote another letter and they eventually got Marbles to at least respond just recently. Elg.

This was the reply from the ICO Case Reference Number E********** Dear Elg Thank you for your completed complaint form dated 20 May 2009, concerning Marks & Spencer Money. It is my understanding that part of your complaint relates to the fact that Marks & Spencer Money have not responded to your request for a copy of your credit agreement under the Consumer Credit Act (CCA). They appear to be requesting your signature before providing the requested document. It may be helpful to explain that the Information Commissioner regulates and enforces the Data Protection Act 1998 (DPA), amongst other legislation, but we have no involvement in regulating these section(s) of the CCA. The CCA is regulated by the Office of Fair Trading (OFT), so they might be able to assist you in this matter. If we can be of any further assistance please contact our Helpline on 08456 30 60 60, or 01625 545745 if you would prefer to call a national rate number, quoting your case reference number. Yours sincerely Case Officer

WelshMam, Here's the letter The only difference to that before mentioned statement was that i changed the I for WE. Elg.

Hi WelshMam, That's exactly what they say in their letter and i have asked for them to explain themselves. I can only think, their insistance to carry on with this farce, is because they do not have an agreement. I have not thought to contact the TS, but will certainly consider doing that next. My options at the moment are to let them terminate the account. With two dodgy DN's, i would imagine that to be fatal for them. Also i have downloaded the N244 Notice and now plan to go ahead and ask the Court to order them to produce it to me. I have already gone through the CPR 31.16 first and second letters with no response and have given them ample time, so i will carefully see which practice direction pre action protocals they have infringed and go ahead with that next Thanks Elg.

Well, three have had an attempt at this one so far, so lets see what happens next, Moorcroft perhaps.

Hi Reader, Have you had the same problem with the Signature and no CCA ? In their last letter they stated, We acknowledge that there is no requirement within the CCA 1974 for a signed letter to be received, we also confirm that it was not under this statute that our request was made. Part of my response was, I would also like to draw your attention to the Data Protection Good Practice Note: Checklist for handling requests for personal information (subject access requests) issued by the Information Commissioner’s Office. Section 2 states Do you have enough information to be sure of the requester’s identity? Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume they are who they say they are. We seem to be going round in circles whilst they continue to issue defaults etc. Elg

Another update. Two invalid Defaults issued now, both stating that the account will be terminated on or after the remedy date. They have used PLR to chase the money oustanding and have told me i have ignored their attempts to resolve this. I have written several letters, still arguing that they are in dispute of my initial request and i am waiting for their latest. Watch this space, waiting for some legal action to be started. Elg.

Have not heard anything from Amex for a while now.

DCA Robinson, Pay now chasing me. Sent them a bog off letter, got a letter back today saying they are placing the account on temporary hold , whilst they wait for the agreement or statement. "Or statement", not sure what they hope to achieve by that. Finally, received my SAR yesterday after falling due on the 13th feb. It was only after the intervention by the ICO that they sent it at all. Not all the information is there as in most cases. No copies of any of my letters No Default No Termination And no agreement. The only mention to the agreement is some comms sayiny they had requested it and then saying it could not be located. So letter on the way to them and it looks like Robinson pay will have a long wait for it as well. Elg.

Hi Summerbreeze & CB. Thank you so much for your comments But for me, I am not prepared or even able at this time to make any deals with mbna and i know it may end up at some point with a nasty dca chasing the full amount. I am however going to stick to my guns and see this through to whatever ending it may take. I have recently sent another letter with more probing questions asking for them to prove the balance carried over for the period that they have not supplied any statements for. I have raised the points that have been discussed in earlier posts and am awaiting some sort of response. So far, they have skirted around the issues i have raised, even ignoring them completely. as i have mentioned in my earlier posts, the statements they have sent show they owe me money, i will keep pursuing a reasonable response and see where that leaves me. Elg.

Just an update. I have recently received a letter from mbna with an offer for partial settlement. They are willing to offer what works out roughly a 70% reduction of the oustanding amount, but when you take off the charges added whilst the account has been in dispute, it works out as about 60%. Or i can take up their interest free option for the next 10.5 years for the total amount. It would be registered with the cra as partial and they will not pursue the outstanding amount. I know that does not stop someone else from chasing me for the final amount though. Interestingly, they have sent another similar offer for my other mbna account, which i have not disputed. Elg

They have terminated on the 10th aug. Today received a statement dated 19th aug basically asking me to bring the account up to date. Looks like they have credited 2 x £12 default fees back into the account. Little bit confused, as i thought termination meant termination, but they are basically stating that if i bring the account up to date, i can carry on using it? Any thoughts welcome. Elg.

Elg

Just giving an update and would welcome any comments. Default arrived 11th may and dated 05thmay 26th may. Letter received telling me that they are obliged to register the default with the cra. Also a letter will be sent terminating the agreement. 23rd june. Letter received stating as i have not contacted them to discuss the recent default notice, they have no alternative but to terminate the agreement and refer the account to their dca, with a threat of a visit from the dca. 25th july. Similar letter as above received, but also stating that they are willing to discuss a settlement figure. 10th aug. Letter received including a statement saying they have terminated the agreement. 14th aug. Received a letter from the ICO apologising for the delay in replying to my initial complaint in may. Since i have sent more correspondance to Marbles since then, i updated my online file with them. They stated that they had been in contact with marbles and were investigating matters etc. 20th aug. Another letter of arrears. 21st aug. Big apologetic letter from marbles for the delay in replying to my sar which i will post up. Elg.

Hi, Just an update. I have sent the letters asking for proof of the account balance from 6 years ago and so far no one has responded directly, still getting the threat letters, although MBNA still seem reluctant to cancel this account. Last threat letter was from D Dillistone telling me they know I'm a homeowner and that they may apply for a charging order. I am going to send another letter to Dee, stating how much I believe they owe me, Thanks Elg.

Hi, Posting an update as to what's been happening. The last few weeks have been me trying to get as much info from them via the second SAR and getting clarification of the status of my account. Two CPR 31.16 letters sent and they show no interest in responding. I finally received a letter today to confirm my account cancellation. The paragraph reads. A system letter is normally issued to confirm the cancellation of accounts, however in your case no such letter was sent and therefore I am unable to provide a copy for you. I can advise that your account was cancelled on 16th April 2009 And the cancellation date is backed up by the comms details and another earlier letter So this is the status at the moment. DN Envelope has post mark of 02 April 09 DN received Fri 03 April 09 Deemed served Mon 06 Letter Dated 01 April 09 DN gives 14 calender days from the date of the letter to remedy. Account cancelled 16 April 09 Thanks Elg.

oh dear smouk, a certain DCA is getting frustrated

Hi Blood Money, If you get time, have a look at A Tale of a dodgy DN Sorry no good at linking, but well worth a look and will open up answers to your question.

Thanks for popping by Reader, as soon as I get a response, I will post up

Will do WelshMam. I have just sent a letter with my calculations to MBNA and will wait and see what response i get.

I too have sent the CPR 31.16 with no response, but did the SAR and they came back with the same application. If you can afford the £10 i would say it would be worthwhile as you get an awful lot of information, if they comply fully. My action is to now dispute the oustanding amount they claim on the account due to the statements they have sent via the SAR. They have not sent me a default to date, same as yours i believe, but what to do next is up to you. It does look as if you are trying to find out by way of the CPR 31.16 what they have if anything different from the application and you have obviously read Paul's thread on this course of action. I too will be sending the follow up letter and attaching the proof of posting including a copy of my first letter to them. I will if required take that all the way, but for now, i will await their response to the account balance question. Sorry bit late posting this, got interrupted lol.

Just a quick response exchange. Have you sent a SAR, you will get another shot of what they have by way of an agreement/application.