2 Cards - advice please/ what about loans

[HeimRoller]

Hi.

2 questions.:

 

 

1 - I have 2 cards.

First is Bank of Scotland with £7000 owing, the other is MBNA MasterCard with £3200 owing.

Both are paid by Direct Debit by me.

The BoS card recently refunded me for my PPI charges.

The MBNA agreed last December to stop charging me PPI but I havent yet asked for a refund.

 

I have read some of the threads here and elsewhere about getting the agreement written off as unenforceable.

So the obvious question......how??

 

Am I correct in assuming that step 1 is to send the letter that starts:

"This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. "

What is the next step?

2 - I have also read that loans may also be deemed unenforceable, how do I go about dealing with this?

All help gratefully received.

Thank you one and all.

 

 

 

[silverfox1961]

Hi, you can CCA them both. Here is the letter:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

 

Send all letters by recorded delivery

Do not sign them

Enclose a £1 postal order for each agreement you want

Don't talk to them on the phone.

 

Come back if you need more advice.

 

fox

[HeimRoller]

Cheers Fox.

That was the letter I thought it was.

Any idea on the loans?

[silverfox1961]

Loans are covered by the same laws as credit cards so you could adapt the CCA letter to suit the loan

[silverfox1961]

Re: your PM

 

One subject access request;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html#post2480

[HeimRoller]

OK so am a little confused.

My initial understanding was that I could try to prove credit card debts and loans were unenforceable.

Are you now saying that it is only the charges that can be refunded or is it the whole amount, interest or whatever.

Does interest count as a charge? etc.

 

is there a sticky or a thread that details this in full?

[silverfox1961]

No, I was suggesting you SAR the closed credit cards only. This will see if they have any charges on which you could reclaim

 

For the two credit cards and the loan, send a CCA request. This will see if they have a valid agreement and if not, no pennies. If they do have a valid agreement, then we'll deal with it when it comes

 

If you need more help, just shout.

 

fox

[HeimRoller]

Thank you for that reply.

Guess I just need to see whether it is valid....what am I looking for?

[silverfox1961]

The best thing to do is wait until you get something back then post up anything you get on the forum and let the experts look at them. Between now and then, Have a look at photobucket and see how it works then when you come back with something, you will know how to post but if you get stuck, shout and I'll pop a tutorial up.

 

fox

[HeimRoller]

Thanks again.