Virgin Credit Cards

[davey77]

Yes this 'tick in a box' business is something that needs sorting all round. I'll keep the info coming should i get anything positive back (or negative for that matter as we need to know where we stand with these types 'agreement'.)

 

Personal opinion is that the lender still needs a signature to enforce in Court but we shall see.

[Talbot]

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.)

 

 

I appreciate that please let me know when your solicitor gets back to you, sounds interesting.

[Talbot]

Well talk about last minute received 2 envelopes this morning with what they claim is the CCA but identical both using the electronic version (tick box).

 

However I have just noticed that on my version there is a box which states

 

Please tick this box

 

I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature.

 

And would you believe the box isn't ticked...........

 

On my OH version there is no-where to tick the box but still has the writing. I will take snaps and post it up later.

 

Anyone got any thoughts??

[davey77]

sounds interesting.. bad enough when they say a tick in a box is valid. But when you don't even have the tick?! lol

[Talbot]

sorry made a mistake the tick is on a previous page, strange they have so boxes to tick with similar writing. Ah well I wills till post it to see what everyone thinks then take my next step.

[the_shadow]

And would you believe the box isn't ticked...........

 

On my OH version there is no-where to tick the box but still has the writing. I will take snaps and post it up later.

 

Anyone got any thoughts??

 

Hi Talbot... under the S77/78 CCA response they are allowed to remove the signature and class the document as a "true copy" so it could be argued they've sent a document that has met the S78 CCA requirement but not for enforceability!!!!

 

.......... trouble is how hard is it to re-invent that tick mark if the original stored agreement doesnt actually have it

[Talbot]

Does anyone know when the charges changed from £25 to £12 as in late payments etc.

 

Alos has anyone got a letter I can send out to request a F&F Angels is good but its more towards if you haven't recevied the CCA. They believe they have rightly or wrongly so I need a different angle, I was thinking of mentioning I am redundant but I can't see that making any difference

Edited February 5, 2009 by Talbot
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[davey77]

pmw, this is the internet application electronic signature sort of agreement so, yes certainly in terms of s60 they have not complied (although can get away with it under s 78 the question is that, based on the fact that electronic signatures are 'valid' from the end of 2004, would you still be required as a creditor (under an internet application) to produce a signed copy in Court. Certainly from what i gather you would.. but i am trying to get more clarity on the subject before advising people to rush to a Court room with a tick in a box. Still looking into it...

 

Talbot,

The £12 charge was introduced 2006. Halifax letters states they started 1st August that year although other Creditors probably had various dates for official introduction it would have all been in that year no doubt.

 

Found this letter, which you should adapt of course which may give you some pointers:

 

Thank you for your letter dated xxxxxx, in respect of the above matter.

 

I am disappointed to note that you will not consider my proposal to satisfy my debt to you. I appreciate that this is not a wholly satisfactory state of affair, but this is the reality of my situation at the present time.

 

I would point out that I have investigated the options of an Individual Voluntary Arrangement and Bankruptcy but I feel that my proposal is certainly more beneficial to you than either of these procedures. Due to my present circumstances, I am unable to offer a better resolution and would respectfully ask that you reconsider my proposal, which was submitted in a genuine attempt to honour my commitment to you.

 

I further appreciate that you are not obliged to accept my proposal, however, considering that you are entitled to issue proceedings for the recovery of the balance owed to you, I would ask that you also consider, that in the event that these proceedings ensue, interest would be frozen upon Judgement and I would entirely reserve the right to produce my proposal for the attention of the Court, in evidence that I have attempted a sensible resolution in line with my ability to pay.

 

This notwithstanding, I would hope that the foregoing will not be necessary and that we will be able to resolve this matter amicably.

 

In the interim, I will forward payments to you as proposed, as a gesture of good faith.

Please could you conduct any further communication in writing only.

 

Accordingly, I await your further comments.

 

Yours sincerely

 

As well as letter J:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162363

Don't forget details outlining the special circumstances you have that you want the creditor to take into account.

 

However, we can raise £775 and we want to offer this as an ex-gratia payment in full and final settlement of the account. (Mention this is from a third party and will not be available for long.)

 

[Talbot]

Hi Davey

 

thanks for the letter it looks ideal however I haven't as yet sent an F&F letter or made a request over the phone.

 

I was thinking of ringing this evening to get the interest frozen and a payment plan in operation explaining not working etc. Then possibly going for the F&F i.e they look at the payment plan and realise it will take them years and years to recoup the money so better with an F&F. I also have a friend who is a partner in a finance firm they help with IVA's etc would the letter look better from him (more professional and can't be taken for mug so to speak)??

 

Really not sure which way t turn at the moment, my 0% agreement is at an end so they will be lumping the interest on very shortly. I could send out the please hold interest etc template letter.....what do you think

[davey77]

Yes i see where you are going with this, sure.

 

Don't ring them tho.. never ring. They will agree to anything over the phone then stiff you later. You have no proof.

 

They hardly ever agree to freeze interest and charges to begin with tho. You could ask the friend of a friend although his letter probably won't put it any differently to the way you would do it following various templates.

 

If you wanted a third party to get involved then try the CAB. You can also get them to look at the 'agreement' for you with a view to finding errors (hopefully your local CAB are on the ball and not wimps!)

[Talbot]

Thanks,

 

Is CAB the citizens advice bureaux?

 

I will send the template letter tomorrow to freeze the interest and charges and start that ball rolling.

 

Are the CAB useuful like that you can just take in an application and ask them if its legit?

 

I very much doubt what they have sent is correct but they have sent quite a bit of paperwork i.e terms and conditions. My card is the one which has the 0% running out so I will focus on that and then get my OH card sorted.

 

Is there not a free service which helps get a payment plan sorted and interest frozen etc.

I thought national debtline would help like that but it appears not. How do you set up an IVA?

 

Sorry for all the questions:)

[davey77]

Thanks,

 

Is CAB the citizens advice bureaux?

Yes

 

I will send the template letter tomorrow to freeze the interest and charges and start that ball rolling.

Can't hurt to ask but don't be surprised if the man from delmonte, he say no. (Sorry an old tv ad).

 

Are the CAB useuful like that you can just take in an application and ask them if its legit?

Yes, they are there to help consumers in such matters although you will find their responses vary greatly from area to area and you need to make sure it's not some two man/woman office but a CAB centre with a specialist Debt Advisory service. Give your local one a call and ask.

 

I very much doubt what they have sent is correct but they have sent quite a bit of paperwork i.e terms and conditions. My card is the one which has the 0% running out so I will focus on that and then get my OH card sorted.

Sorry unsure of which card we on now. You had a 'tick in the box' and you had 'T&Cs' one but nothing else. If it's the T&Cs one and that's all they sent then you are in the right totally and they have not complied with your request to be sent an agreement. Again, CAB or a call to the National Debtline might help. (T&Cs are meaningless without an accompanying agreement)

 

Is there not a free service which helps get a payment plan sorted and interest frozen etc.

http://www.cccs.co.uk/

http://www.payplan.com/

 

I thought national debtline would help like that but it appears not. How do you set up an IVA?

Why not so? Not helpful? The N.Debtline people vary as much as the CAB. Another call and a different person may give you a better response perhaps.

 

Sorry for all the questions:)

 

No worries!

[Talbot]

They have sent identical letters for both cards. Both have a tick box for the registration of the card T&C's, copies of statements sent out to us and letter explaining they have complied. My card is going to start whacking interest on very soon (2 weeks) starting to panic a bit.

 

 

Just completed the online form with payplan, whats the story with these guys. They do this for free (but get kickback from the credit card company). Are they any good at getting the interest frozen does anyone know as in a better chance than you have on your own. I just need 12 months to sort myself out and should be able to pay them back????

 

Not sure which way to turn at the minute:

 

Send my own letter requesting freezing of the interest and charges

Get payplan to do it

Go for a Full and Final on both cards

Reject there CCA as being incorrect which I am not sure about.

Edited February 7, 2009 by Talbot
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[davey77]

You need to talk to CAB or National Debtline if you haven't done so already. If you have and they seem useless try another CAB office or ring the ND to get a different advisor as the advise varies from place to place.

 

The Payplan website states:

 

"Payplan is funded in a unique and innovative way. Rather than charging our clients, we receive donations from the credit industry. Please note: While Payplan receives donations from the credit industry, we remain completely impartial and deal with all creditors - not just the ones that donate!"

 

 

To be honest i haven't used them but from posts i have read i can only remember pretty much good things said of them. You do what is comfortable for you and at your own pace. They should not pressure you or steer you down a path you can't take financially.

 

 

 

One, or all of those organistions, should be able to give you some idea on how they view tick in a box signatures.

[Talbot]

Just had a bit of a wobble and panicked, spoke to Payplan and your are correct they seem good. I have a phone meeting arranged this week so should have some more def answers as to my next turn. Do you suggest I mention the tick box scenario i.e. the fact i sent off CCA and received...

 

Will they they not just think I am trying to wiggle out of paying?

 

I suppose it doesn't matter to them, they are there just to help people in my situation.

 

What do you think?

[davey77]

I'm not sure they will be that interested but you are within your rights to question what has been sent you and I'm sure they wouldn't judge you for it.

 

I seriously doubt someone who is trying to negotiate through a debt management organisation will be viewed as a belligerent debtor in any way, so i wouldn't worry about that at all.

 

Payplan get a great volume of calls from every possible scenario so they will have heard anything you have to say many times over before. Just be upfront and explain the situation and go from there.

[Talbot]

cheers appreciate that my OH and I feel better already and we haven't agreed anything yet. Think we will go for a payment plan first and then see about F&F. I have family members who will help me but I will only do it if its worth it i.e. less than 35% of total.

[davey77]

As for F&F, if at first you don't succeed try try and try again. They won't accept it on the first attempt but the longer you ask the more likely it is to happen. A lot depends on your circumstances and income and what you are offering each month. (If it's a pittance of the overall amount they may decide to grab what's on offer.)

 

Hope Payplan works out for you.

[Talbot]

Hi everyone, spoke to payplan they worked out my finances and said I can only afford to pay my debts at £1 per month. They were helpful and they are sending me some letters out to SIGN and then send on (I will have to make sure they can't forge my signature). This will mean I will go into arrears (I am up to date with payments at the moment but it won't last) with my payments which my OH is worried about. I am hoping after a month or 2 they may accept an F&F from family members.

 

Any other suggestions?

Edited February 13, 2009 by Talbot
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[davey77]

If payplan have decided your income is such that you can only afford a £1 then so be it. You can't get blood out of a stone. (Might persuade the creditors they are better off later with a F&F at that amount anyway.)

 

I'd sign i guess, but put a line through it so you can distinguish it from your other signatures. Others may have different views on that.

 

I'd go with the Payplan advice.. sounds they are doing the right thing by you.

Edited February 15, 2009 by davey77

[Talbot]

Thanks davey its just the fact they will start lumping charges on which is the worry. Up to now I haven't (been borrowing from family) been late with anything so i'm making a concsious decision so to speak of getting those charges added on.

 

The thing is the card may not be enforceable but my OH doesn't want to go down that route because the word 'default' frightens her.

 

I will send the letters when they arrive and take it from there:)

 

Also not to be a wimp I thought payplan negotiated things for you (or is that letter they are sending to me i.e. with there name and details on the top of the sheet)

[citizenB]

Thanks davey its just the fact they will start lumping charges on which is the worry. Up to now I haven't (been borrowing from family) been late with anything so i'm making a concsious decision so to speak of getting those charges added on.

 

The thing is the card may not be enforceable but my OH doesn't want to go down that route because the word 'default' frightens her.

 

I will send the letters when they arrive and take it from there:)

 

Also not to be a wimp I thought payplan negotiated things for you (or is that letter they are sending to me i.e. with there name and details on the top of the sheet)

 

Talbot, Payplan will help you by providing an up to date budget plan and template letters, however they will only negotiate on your behalf if they are handling the funds and paying the accounts on your behalf. In this isntance they wont do that as you are only able to afford £1.00 per month to each of your creditors.

 

All you will need to do is top and tail the letters. You could if you wish retype the letter into a word document then just print them off with a font signature.

 

I use Microsofts, Lucinda Handwriting ... which unfortuantely wont recreate here.. But there are many fonts you could use.

 

[angel_1]

hiya Talbot and everyone else with mbna problems

 

underdog got a thread and is speaking with a solicitor on monday

 

take a peek may prove useful

 

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat.html

 

 

laters angel x

[Talbot]

Talbot, Payplan will help you by providing an up to date budget plan and template letters, however they will only negotiate on your behalf if they are handling the funds and paying the accounts on your behalf. In this isntance they wont do that as you are only able to afford £1.00 per month to each of your creditors.

 

All you will need to do is top and tail the letters. You could if you wish retype the letter into a word document then just print them off with a font signature.

 

I use Microsofts, Lucinda Handwriting ... which unfortuantely wont recreate here.. But there are many fonts you could use.

 

Hi,

 

What do you mean by top and tail the letters??

 

Also I have another thread running but I can't seem to get a reply (which I know sometimes happens) which seems odd because I have been bumping and asking for help for around 4 to 5 days. Is there anyway I can check if it's working or can I contact the site team to see if they can help?

Edited February 19, 2009 by Talbot
Another question

[maroondevo52]

Hi, Talbot.

 

Whats the 'title' of your other thread ?

 

Regards.

 

Scott.