Thank you ims. I'll go with your advice and try and make some time to read up on the PPI still. For my own education I see a few people have referred to the changes but can't find any specific details. don't perhaps have a link do you as I'm useless with my search terms? Thank you again NGAC Thank you, I always want to learn more so off to the CPUTR thread to get even further confused

Please, is anyone able to provide advice as above? Thank you again for looking. NGAC

I'm sorry for the delay caused by house repossession and my wife being diagnosed with cancer in the last few weeks. I sent the "account in dispute" letter on the 29/06/11 with a proof of delivery on 01/07/11. I received the attached in reply. Some of the dates appear to me to be strange and wonder if they prepared this before I sent the dispute or after? Either way, please will someone help me with the following questions? Q1. They say they have complied with my request but have they sent the corect information? Q2. Page 2 (dated 15/06 says they have fully complied and will not enter into any further correspondence. Can they do this? The rest of that section just appears to be T&Cs Q3. Page 8 (dated 21/06 appears to be a copy of the section referred to in Q2 but with a different date. Any ideas what this might be about? Q4. Page 14. This is stated to be a copy of the agreement. However, there are no dates or indeed anything to indcate that it wasn't plucked out of thin air by someone , eg signature, acceptance. Is this in fact acceptable? Q5. Page 25 shows this was requested on the 21/06 but then page 26 shows a statement date of 29/06. Is this relevant to whether this was processed before or after my dispute letter or an irrelevant detail? Please, any help and assistance I can be given will be appreciated as I really am getting drowned by everything going on and not sure which way to turn anymore Thank you NGAC CitiCard CCA response 3 - anonymous.pdf

My apologies for disappearing for a while again. In the interim, repossession proceedings have escalated on the house and my wife has been diagnosed in the last 3 weeks with cancer - come on world I'm sure you can find something else to throw at us grrrrr. please will someone have a look at the previous documents and advise whether the CCA reply is valid? At the same time I will be reading up on the PPI section as advised by ims and following that route in parallel. NGAC

Thank you both for your replies. I do remember now seeing your comments in other posts firstship, just suffering information overload here! You make an excellent point, and in my case even more so as I never even had a letter from MBNA saying they done anything. So I will just carry on with the ostrich mode in this case and if I hear anything further I hope I will be able to seek your guidance again. Thank you.

Hi all. Like many others I have fallen on very hard times and unable to meet all my bills. One of these is MBNA. Not to bore you with all the previous letters (unless you need details of course), I received a letter from Experto Credite saying that Varde Investments (Ireland) had bought the interest of MBNA and Experto Credite had been appointed under this assignment to recover outstanding sums. I did the ostrich thing and ignored them all and they went quiet for 6 months. Then on 11 May I received a letter from Credit Management Consultants (same address to Experto Credite and same company number). Since by now I had found this forum and slowly getting educated, I sent a CCA request on 23 May to CMC and included this paragraph "If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties." This was delivered to them on 24 May. They have obviously exceeded the 12+2 working days and I was just about to send an account in dispute letter. However, have I made a mistake in sending the CCA request to CMC? Or because I included the referenced paragraph, can I send the dispute to CMC? If not, must I start again and send the CCA to Varda Investments - but at what address as I've never had a letter from them? Or should I CCA MBNA? Thank you for having a look and providing guidance:-)

Thank you Silverfox for your reply, I'll send the failure to provide a copy of the agreement within the prescribed timescale letter today as I also prefer to avoid ambiguity.

Thank you IMS, I look forward to as much assistance as anyone is able to provide! I hadn't even begun to look at the PPI claim yet but I'll start that soon and also search for the PDFs on the FOS website. I almost want to save the PPI until after I've almost finalised a settlement, as a method to hopefully further reduce the settlement value. However, your advice especially as regards complexity and timescales will certainly come in handy once I've researched that side. The one problem I have found with this forum is the huge quantity of excellent advice and guidance, leaves my brain frazzled:-D

Thank you very much for your reply and clariication. Do I need to send them the dispute letter from the library or do I just ignore them now until/if I hear from them again?

Hi IMS, of course you can ask:-) Like many on here a combination of circumstances has led me unable to meet my outgoings. As an alternative to bankruptcy - which is very, very close and would leave the lenders getting virtually nothing - I would like to negotiate a lower settlement figure. Based on some discussions I had previously had (including on one occasion me asking to hold off talking to them for 2 weeks as my father passed away that morning and I had his funeral to organise and their reply suggesting that I ask friends and relatives at the funeral for money to pay the loan:-x) I realised that negotiating from a position of weakness will get me nowhere. So my ultimate goal is to pay a much lower full & final settlement. To get to this point I need to move the negotiating strength from them to me. It's how I get to that point that I have NotGotAClue and where I need as much assistance as possible! I figured that if I can get to the stage where they believe they will not get anything (either from an invalid CCA or some other method that the gurus suggest) and then even worse for them they think they may have to pay out on a PPI claim that they may be willing to negotiate. Please understand that I do not expect to get my debt written off (although that would be nice), nor do I deny incurring the debt. I just want to be able to negotiate on fair terms with them. Hope that answers your question but please fire away if you need more information.

Hi, on 27th May I received a letter from Cabot "welcoming" me as they had bought the debt from Opus Credit Card - I presume this was at sometime transferred from CitiCard to Opus but cannot find any documents relating to that. I sent a CCA request and a "stop harrassing me on the phone" letter from the library on the 3rd of June. I received a letter dated 6th June saying they would go back to the original lenders - copy attached. Then another letter dated 20th of June saying they can't find anything yet and they know they haven't complied with the timescales - copy also attached. From other threads on this forum, it appears this means they can no longer enforce the debt even though it still remains due. Have I understood this correctly? Is there any relevance to them returning the £1 as they did not accept the statutory fee? Also what do I do next please? Many thanks in advance. CitiCard CCA response 1 - anonymous.pdf CitiCard CCA response 2 - anonymous.pdf

Hi, now that I'm back online, please will someone look at the attached and tell me if M&S have met their obligations and suggest what I do next? Is the fact that it's an application and not an agreement as far as I can tell of any relevance as I think there have been some changes in this area? The poor quality of the terms and conditions is not from my scanner, many of the documents they sent to me were virtually unreadable. Many thanks for your assistance. M&S CCA response - anonymous.pdf

Please accept my apologies for the slow response - my router died and I had to wait until today to get a replacement Thank you, I understand where I was going wrong now! I'm trying to catch up with mails now but later will post up another question about their reply.

Thank you very much for that IMS. So that I can learn please tell me what days you counted to come up with the 10th June. Hope I don't appear pedantic, that's just the way I learn!

Hi IMS and thank you for the welcome:-) Sorry for not being clearer in my original question, hope I can clarify. The main query was "is their reply within the statutory time limit for replying based on the above dates?". If it is not, then the secondary query is "what is the impact of this?" as I believe (but do need confirmation) that they then cannot enforce the agreement.