Virgin Credit Cards

[citizenB]

Reading other MBNA threads, it would seem they sell on, or threaten to pass on defaulted accounts after 7 missed payments. Who knows if this will change in respect of the current economic climate, where having a debt on the books is no longer an asset ?.

 

If you should get phone calls, just totally blank them. Refuse to answer any security questions and dont get involved. Should they start the telephone harassment, there is a letter on the forum that can be sent. You must insist at all times that you will only deal with them in writing.

 

If it comes to it, you just add a paragraph to your letters stating...

 

I must insist that all communication is conducted by letter. This protects us both in the event of any litigation.

 

This will let them know that you are aware of your legal rights and OFT guidelines. They will, I assure you, not put in writing what they will threaten or bully you with on the phone.

[Talbot]

brilliant thanks, i am still paying the minimum at the moment anyway so they shouldn't have any issues until i have all my info and i'm ready to get stuck in to them

[Talbot]

Ok I have had my first reply on my OH card, I haven't sent my CCA requests yet so this is from an initial phone call I did before xmas. I looks like a blue peter model I will take some snaps and upload it asap but basically were the signature should it has a tick box which has been ticked with a quote:

I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature to this credit agreement. I understand that MBNA will hold this acceptance data on their files.

Date of signature: 28/2/2006

 

What do you think guys and gals no signature

 

Also it was sent in a hand written envelope which I am suprised about I thought these were churned out.

Edited January 14, 2009 by Talbot
extra info

[davey77]

Look anything like this:

 

[toto003]

Your Agreement may be enforceable. Electronic Signatures are considered valid from 31st Dec 2004 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html?highlight=toto

[Talbot]

Yeah it looks exactly like that but surely anyone could print that up and send it out?

Does that mean there is no case?

[Talbot]

bump,

 

Davey whats your advice on the tick box signature how did you get on with it???

[davey77]

For now i am going to be cautious and assume that post 30 (and link) is correct.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html?highlight=toto

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Steven4064's information has always been spot on. I would say a call to the NationalDebtline or a solicitor for verification may also help reach a conclusion on this and there are other aspects to an agreement that could make it improperly executed ect but for now my MBNA is on the backburner.

[davey77]

Take a look at post 10 here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html#post1894837

[Talbot]

ah well i will just have to go with an F&F on this one. thanks for the input

[davey77]

ah well i will just have to go with an F&F on this one. thanks for the input

 

You could always ask a competent solicitor to review the documents and give an opinion as to their strength before you call it a day and go down the F&F route.

[Talbot]

Ok I have an opportunity to F&F my 2 virgin cards story as follows:

 

Made redundant August wife working 3 days only just paying bills no money for food etc.

 

Rang and asked for CCA December, received a dodgy copy of T&C's no signature for one and an electronic version for the other which looks legit.

 

Sent the template CCA request arrived there around 15th January.

 

Currently owe 15k split between 2 cards family member has offered to help 4k to pay off the lot on a F&F.

 

I would appreciate any suggestions as to the best way forward as in how can I force them to accept i.e. speak to debtline first and arrange payment plan and then offer???

 

After having 4 months of hell (which I know most have longer) I can see a light and want to grab it quickly:-|

[davey77]

If you are after F&F i would suggest doing that right off as starting payment arrangements on a monthly basis is just going to let them think they will get more money out of you in the long run. Whereas saying "this is all i have take it or leave it' may have a better chance of success.

 

So you would be offering somewhere in the region of 26/27%?

 

I little method i tried, which didn't work was in the case of Halifax. £1000 owed and i offered (even though the agreement is improperly executed) 20% F&F. I didn't ask then first (and some have said was wrong to do so on a legal basis so i would get advice before trying).

On the back on the cheque i wrote something along the lines of "cashing this cheque means full agreement to the terms and conditions stated below and within the accompanying letter ref no (made one up, whatever 080706).

 

Well, Halifax didn't take the bait and returned the original cheque and letter stamped 'payment not accepted'. But you never know.

 

I am still unclear on the legal ramifications of that tactic should they have cashed then cheque then demanded further payments later but it was my belief that it had a chance of success.

 

What ever method you choose i would point out you have not suddenly become rich overnight and that someone else has kindly offered to help you out, that this offer is time limited and will not be on the table for very long and in most likelihood will not be offered again in the future.

[davey77]

p.s. Don't forget to get confirmation from them that your obligation to pay the remaining amounts are discharged in FULL. F&F should mean that i know but without the wording stating it clearly you'll pay the cash, they will say thank you and 6 months time you'll get a DCA after you for the remaining balance.

[Talbot]

Sounds good and i have seen on another thread if they write a particluar phrase it cannot be accepted in court if they sell it on as proof. I was thinking more along the lines of a payment agreement through the courts which in my situation would be around £5 (all i can afford) and then offer the F&F to get rid?

 

what do you think?

[angel_1]

hiya

ive used the below to a dca for a mate, will let you know if we get anything back as such

you can adjust for your own needs and yes offer low first lol 10% they might bite but remember see what you first get from them before you send any money

cheers angel x

Dear Sirs

Re: Account No/Reference No:

Further to your letter dated xxxxx, whereby you advised that a copy of the original credit agreement was being sought from xxxxx.

I have to now advise you, that to date no copy of the agreement has been received by me.

To bring this matter to a speedy closure, based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable

I want to offer £xxxx which will be raised by a 3rd party; this offer is made as an ex-gratia payment in FULL and FINAL SETTELEMENT of the account.

This offer is made on the clear understanding that, if accepted neither you nor any associate company will take any other action to enforce or pursue this debt in any way what so ever and that we will be released from any liability.

 

I also request if accepted you will make an entry on a credit agency file related to the above account as "satisfied" in full and the account balance is set at zero.

I also request that any adverse credit entries are removed from all my credit files as part of my offer.

 

Payment of £xxxx can be made within 7 days of receiving your written agreement. However, I will need to be notified by Friday xxxxx of your intentions. Your agreement needs to be offered and fully signed and dated by a senior member of your Company who holds the legal authority to fully accept my offer and its terms.

 

I look forward to receiving your reply.

 

Yours faithfully

[davey77]

..."as i have other creditors who are demanding payments please reply as a matter of urgency as the amount stated will not be available in the long term"... In other words, they take the offer on the table now or they may get nothing, or very little, for the foreseeable future!

[angel_1]

yes i totally agree with davey last post, i will nick that line from you for my next letters thanks lol

 

time is of the essence so to speak....

 

laters angel x

[Talbot]

Hi

 

Great thanks for the reply, should i wait until they are out of time to send the CCA just as a matter of course. They received it around 15th Jan. So they can't use it as an excuse later down the line i.e they don't agree and then default me etc????

Edited January 22, 2009 by Talbot
?

[davey77]

Hi

 

Great thanks for the reply, should i wait until they are out of time to send the CCA just as a matter of course. They received it around 15th Jan. So they can't use it as an excuse later down the line i.e they don't agree and then default me etc????

 

Could you recap a bit...

 

Phoned asking for CCA on 2 cards.

 

Card 1: Electronic (tick in box) version

 

Card 2: T&Cs, no signatures.

 

 

Sent written CCA request (received 15th Jan) for Card 2.

 

Totally owed between them 15k.

 

Is that correct?

 

Yes it's not long so i would wait for the CCA deadline.. 4th feb.

[Talbot]

Could you recap a bit...

 

Phoned asking for CCA on 2 cards.

 

Card 1: Electronic (tick in box) version

 

Card 2: T&Cs, no signatures.

 

 

Sent written CCA request (received 15th Jan) for Card 2 and card 1.

 

Totally owed between them 15k.

 

Is that correct? yep thats correct

 

Yes it's not long so i would wait for the CCA deadline.. 4th feb. my 0% runs out on card 2 end of Jan so I will send both on 5th!!![/quote]

 

Does that still sound like a good idea??

[citizenB]

Yes, wait until the original time is up. There is little point in sending follow up until the deadline has expired.

[Talbot]

As my deadline approaches can I confirm something, after i rang for the 2 agreements they sent out a basic terms and conditions for one card and an electronic tick in the signature box for another card. I then sent out the CCA requestthe fact they sent out something prior to the CCA request does this have any bearing on my new dispute letter??

 

Also should I send a dispute letter first then send out a request for full and final. I know there isn't an answer but peoples opinions would be great. thanks.

[davey77]

If you don't believe they have complied fully with any CCA request then you can send as many as you like and if they have 'tried' to comply yet you are not satisfied with their response then any further CCA requests, requests for information etc are your prerogative.

 

I personally would send a dispute letter and wait for a reply. Stretch it out as long as possible before offering F&F.

 

(I am currently trying to get my similar 'tick in a box' agreement looked at by Solicitors specialising in Consumer Credit Law. I will let you know if i get any information that could be useful to you.)

[angel_1]

hiya Talbot - i apologise for jumping on your thread but thought helpful to you too

 

i have a tick too, but its only a page with the tick i didnt get the full monty that i believe i should have done, however, im with davey on this, that they at least should be able to show electronic applications in full and give evidence of when it was applied and accepted, and does this stand up to scrutiny in the contract as being 100% correct

 

whilst i may of course used the card, was i protected with consumer legalties that infact it was a fully executed agreement, they should have made sure they had ticked their boxes to ensure the contract was fair, correct and legal, and not just send me a card and just relying on a tick box - i kow ive looked at the electronic applications and the legalaties, but im still a little unconvinced if the banks did everything correctly

 

so pls dont forget me too davey when you get a reply off your solicitor, if he wants perhaps comparisons from us all what we have gotfrom our cca requests it may be beneficial to us all in the end?

 

thanks and keep positive

 

laters angel x