GH many thanks for your reply, the account as it stands is with the DCA and their solicitors, i sent the prove it letter as you advised and they have not replied only to send another letter to say i had ten days to call them in response to a significant discount. As yet i have not sent the polite reply you advised due to getting the SAR from the OC and have not acknowledged the debt, i was planning on sending the that letter and also a CCA. Would you advise putting the account into dispute if so how would i go about it. VMT

MBNA CONTD FINANACIAL AND RELATED CONDITIONS FOR THR VIRGIN CREDIT CARD AND CRDIT CARD CHEQUES IMPORTANT YOU SHOULD READ THIS CAREFULLY YOUR RIGHTS The consumer credit act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not the bank cannot enforce the agreement against you without a court order. The act also gives you a number of rights. You have the right to settle this agreement at any time by giving notice in writing and paying all the amounts payable under the agreement. If you have obtained unsatisfactory goods or services under a transaction financed by this agreement apart from any purchased out of a cash loan you may have a right to sue the supplier, the bank or both. Similiraly if the contract is not fulfilled perhaps because the supplier has gone out of business you may still be able to sue the bank. If you would like to know more about the protection and remedies provided under the act you should contact either your local trading standards department or your nearest citizens advice bureau. Loss or misuse of Credit Card If the credit card is lost stolen or misused by someone who obtained it without your conscent you maybe liable for up to £0 of any loss to the bank. If it is miss used with your permission you will probably be liable for all losses. You will not be liable for losses to the bank which take place after you of the theft etc.. Set out below are important financial and related particulars taken from conditions 1 and 2 of the Virgin Credit card terms and conditions. Conditions 1 and 2 and the the other conditions referred to in these paragraphs and the applicable definitions can be found in the full Virgin Credit card terms and conditions enclosed which form part of the agreement between us and you. 1. IMPORTANT FINANCIAL & RELATED PARTICULARS 1.1 We will from time to time choose the credit card limit and notify you of this. 1.2 We will choose the first statement date, later settlement dates will fall appropriately one month apart, if you ask we may change the statement date. 1.3 By the payment due date shown on the relevant statement you must make at least the minimum payment, unless we allow a payment holiday under condition 2.4 1.4 The minimum payment shown on the statement will be (a) the lesser of (i) 2.25% of the account balance as shown on the statement (subject to a minimum f £5), or (ii) the total sum of all the following charges for payment protection cover, interest charged on the statement fee's, plus £5 or (b) the account balance as shown on the statement if less than £5 except as mentioned in conditions 2.4, 3.5 and 3.6 we will change interest on the outstanding amount of; (a) any retail transactions at 1.2408% monthly; except as mentioned in condition 2.1; (b) any cash transaction ,cheque transaction or any balance transfers. (i) if made within the period of six moths starting on the date of opening the account at 0.000%ontly duri hat period and then at 1.2408% monthly and; © any charge under condition 13.1 at 1.2408% monthly. 1.6 We will charge a handling charge for a cash transaction and/or cheque of 1.5% of the amount of the cash transaction or cheque transaction minimum of £2 maximum £25 1.7 This table shows of the interest rate of the type of transaction when interest is charged and the credit limit. WILL TRY AND SCAN THE TABLE IN IF NEEDED) 1.8 The interest rate does not take into account any of the following alterations, we may from time to time alter the interest rate on any item, alter any charge on this agreement and alter the basis in which interest is charged or ant charge under this agreement is made by such notice in writing to you as is required by law; we will at the earliest opportunity advise you of any valid reason for altering any charge. 1.9 we may at anytime reduce the interest on any item incurred during a promotional period by notice under condition 1.8 if we do this we will charge interest on the outstanding amount of the item at the reduced rate during the promotional period., and then at the normal rate applying to the item. We may not remind you that the promotional period is about to end or has ended. 1.10 We will charge interest on the outstanding amount of (a) any handling charge at the rate then applying to the relevant cash transaction or cheque transaction and (b) any interest at the rate the applying to the relevant transaction or charge. 1.11 for the period of six months starting on the date of the account being opened we will not increase the interest on any cash transaction, balance transfer or any handling charge. 2. INTEREST CALCULETION 2.1 We will not charge interest on the outstanding amount of a retail transaction shown on the latest statement if the whole account balance as shown on the previous and latest statement is paid by the payment due date on the relevant statement. 2.2 We will charge interest on the outstanding amount of any retail transaction ( except mentioned in 2.1). Cash transaction,cheque transaction, balance transfer charges under condition 13.1, handling charges and starting interest on the transaction date and ending on the date of full payment. 2.3 We will charge interest both before and after the date of any judgement. 2.4 We may at anytime may you to omit to any part of a minimum payment during the payment holiday specified in a notice under condition 1.4 if we do this we will charge interest as if no payment holiday had been allowed and we will not extend the period within which payments must be made in order to avoid interest on retail transactions. References to conditions in the above particulars are conditions in the virgin credit card terms and conditions. Thanks Again

Probabaly quicker to type so here goes. Credit agreement act regulated by the consumer credit act 1974 Before you sign this agreement you must read condition 11 in the terms and conditions provided. You agree that we3 (MBNA) may process, use, record and disclose personal information as described in condition 11. We will use a credit scoring or order automated decision making system when assessing your application. You agree that we make such enquiries as well as consider necessary in connection with this or any future application to, or aggreement with us or any member of the MBNA group. You agree they we may disclose information about any of your application or agreements to anty fraud prevention or credit reference agencies, which we keep details of searches of any accounts including defaults. Such information will be shared with other organisations. Information held about you by the credit reference agency may already be linked to one or more people whom you have finanacial assosiations for the purposes of this application you may be treated as linked to them and your application will be assessed with references to their records. Please telephone us on freephone 0800 0158396 if you want details of those credit references and fraud prevention agencies from whom we obtain and from whom we record information about you. You have legal rights to these details. You also have certain rights to recieve a copy of the personl information which we hold about you, for which a fee will be payable. Please writr to Compliance Managaer, MBNA,Europe Bank Limited, Chester Business Park, Wrexham Road, Chester, CH4 9FB. Will shall disclose personal information about you and your transaction to Virgin Money Limited( who may disclose information to other Virgin companies and third parties who work for them) for purposes of adminstering the Virgin Credit card memebers shop and marketing analysis We amy write to you or call you about any request application or agreement. From time to time we (MBNA) or any of it's virgin companies may use personal information and details of any transactions to let you know about other products,services and offers which may appeal to you. Please tick below if there are ways in which you'd rather we didn't do this. mail ( ) phone ( ) email ( ) To improve the quality of our service we will monitor or record some of our phone cal To improve the quality of our service we will monitor or record some of our phone call. Please issue a Virgin Credir card to ma and if applicable to the person as an additional cardholder. I confirm that the information given is true and complete. I have recieved a copy of and agree to be bound by the Virgin credit card terms & conditions and i understand that i am responsible for paying any balance due to my credit card account. YOUR RIGHT TO CANCEL Once you have signed this agreement you will ahve for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post. Once you have signed this agreement you will ahve for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post. The Credit agreement regulated by the consumer credit act 1974. Sign only if you want to be legally bound by it's terms ( we sign and date) IMPORTANT DATA PROTECTION (Additional cardholders) By signing this agreement you agree that we ( MBNA) may process, use, record and disclose personal information about you as described in condition 11 in the terms and conditions. Will shall disclose personal information about you and your transaction to Virgin Money Limited( who may disclose information to other Virgin companies and third parties who work for them) for purposes of adminstering the Virgin Credit card memebers shop and marketing analysis. From time to time we (MBNA)or any of the Virgin comapnies may usepersonal information and details of any transactions to let you know about other products,services and offers, which may appeal to you. Please tick below if there are ways in which you'd rather we didn;' do this. Mail( ) Phone ( ) email ( ) To improve the quality of our services we will monitor or record telephone calls. Signatures (additional card holder) (we sign) The Credit agreement regulated by the consumer credit act 1974. Sign only if you want to be legally bound by it's terms ( we sign and date) IMPORTANT DATA PROTECTION

Sorry they are still no better, is there any other way i can upload them as i have tried TIF files but the uploader wont let me do it, if not i will type it out tonight. Many thanks

Hopefully these are better

Bump

There is also just over £1k charges on the original debt by the OC, should I now admit the the debt and try and have the £1k taken off or should I send the letter to the DCA saying the have still not replied to my prove it letter even though they will eventually get it from the Original creditor, unfortunately I am not in a position to pay it off in a lump sum as they have written to request I contact them for a significant discount.

Well had a reply from the SAR today and it seems that they have their bases covered, can someone please take a look at the images and providde some guidance please, they also sent some terms and conditions extra to this what i believe is an aplication that look as though they are the ones in use today as they speak of 23.9%p.a on everything then 2.00% (minimum£2.00 maximum £35.00 handling fees on transactions. Again your help is greatly appreciated.

Gh would it be worth sending a CCA to the DCA aswell

Thanks gh, I will get it sorted. Once again I really appreciate the help.

Bump

Hi all and Happy New Year, well I sent off the SAR and then the prove it letter, we had another letter from the solicitors saying they have been instructed to take further action but this was sent before they got my prove it letter. They said they would send DC round and court action etc. I have since received a letter asking me to contact them regarding a significant discount but i have to phone and do so within ten days !! I have no intention of phoning but they have ignored my request not to contact me unless they have proof. Both the SAR and the prove it letters have been received as they were signed for, i still have a few weeks on the SAR but what should i do now about the solicitors, again your expert help would be gratefully received.

Thank you gh2008 you have been a great help, I will get the SAR off tomorrow

I have now found the templates, would i also need to SAR MAX Recovery.

Thanks GH, I have until 1 Dec to get the I&E form to them shall i hold off on that for now ? do you have a link to the SAR and prove it letters as I have searched on here and nothing comes up and looking through the posts there are loads of them but i dont know which is the best. Thanks for your help