Help...Should I CCA...did owe £90k??

[WelshMam2009]

Apologies if I have not posted thread in correct section but would appreciate some advice!!

 

In 2006 I finally began to face up to my debt problems which totalled almost circa £90k. Agreed a DMP and had all interest and charges frozen. Those charges that had been applied I managed to get refunded by constantly complaining.

 

Everything was going fine until I became ill and lost my job in 2007. I have been certified as unfit for work for the forseeable future and stressful situations make my illness far worse.

 

Having long since exhausted the compensation that I received, for the past 6 months or so have been paying the 7 CC companies (inc 1 loan) only £1 per month.

 

I have had a default notice from M&S although only what I believe are arrears notices from the others.

 

I'm not naive enough to believe that this is going to continue for much longer and am wondering if I should begin sending off CCA requests so that I know where I stand?

 

I currently owe circa £45k.

 

I was going to start with MBNA although see that they only seem to send a copy of the application form and tend to quote Judge Brown in the Rankine case when challenged.

 

My only equity is in the house (mortgage up to date with grateful thanks to my pensioner parents) and naturally, I want to protect this for my childrens welfare (both school age). I am a single parent and not eligible for Income Support as I receive the higher level Incapacity Benefiit.

 

Need to face up to this and become pro-active but don't particularly want to open too many cans of worms all at once!!

 

Any advice gratefully received.

[WelshMam2009]

Thanks Blueda....much appreciated!

 

What I am wondering is that if they were to terminate the agreement and sell on to a DCA then I would no longer be able to CCA them and claim the agreement as being unenforceable ??

 

I am not getting any hassle at the moment...have 'banned' them from contacting me by phone but just have this feeling that something is going to happen sooner rather than later and that I should be prepared!!

 

Many thanks again...

[WelshMam2009]

I did send them CCA requests last year, purely out of interest, and found that they too do not have enforceable agreements. But I have kept that piece of information for the day that they do turn nasty, either to negotiate or tell them to get stuffed depending on my circumstances.

 

So there is no harm in your sending CCA requests - you are only asking for a copy of your agreement as is your right, you are not necessarily saying they won't get another penny.

 

Many thanks for your warm welcome and advice GoldLady:D

 

What you have done is what I am inclined to do. I don't want to 'rock' the proverbial boat but would have some peace of mind knowing if the agreements were enforceable or not.

 

Also, as you have said, at least I would have that information if and when they turned nasty!!

 

Fab forum and even fabbier (???) members!!

[WelshMam2009]

Well done for banning them from phoning you

 

Yep, I did that all by my lonesome Blueda!! Although I note on here that the Harrassment Act (??) or similar is quoted.

 

I refered them to the Banking Code of Practice (if a member of course) which states something along the lines of them respecting your wishes to communicate in writing so long as you maintain contact with them.

 

Egg did 'accidently' ring once and left a message on my answerphone...so I sent off a complaint!! Now my answer message says;

 

'your call cannot be taken at the moment and you cannot leave a message' lol

[WelshMam2009]

Thanks for your contribution FedUp...your names sums up exactly how I feel at the moment!!

 

There has been a new development as I have received a letter from MBNA threatening to default my account. (Am now gonna CCA them!)

 

Intriguingly, this was also stated at the top of the letter;

 

YOU COULD REDUCE YOUR DEBT BY UP TO 40%, A SAVING OF £XXX

 

CALL US ON 0800 xxxxx

 

IT'S YOUR CALL. TAKE ADVANTAGE OF THIS VERY SPECIAL OPPORTUNITY!

 

Anyone know what this is all about??

 

EDIT: May also start a thread in MBNA about this as I'm in the wrong place!!

[WelshMam2009]

I posted in the wrong place so am trying to revive my thread here!

 

Basically having been paying my creditors £1 for 6 or so months (without their agreement). No interest or charges to date though.

 

There has been a new development as I have now received a letter from MBNA threatening to default my account. (Am now gonna CCA them!)

 

Intriguingly, this was also stated at the top of the letter;

 

YOU COULD REDUCE YOUR DEBT BY UP TO 40%, A SAVING OF £XXX

 

CALL US ON 0800 xxxxx

 

IT'S YOUR CALL. TAKE ADVANTAGE OF THIS VERY SPECIAL OPPORTUNITY!

Anyone know what this is all about??

 

EDIT: My original thread is here: http://www.consumeractiongroup.co.uk...uld-i-cca.html

[WelshMam2009]

Thanks FedUp and Mr Shed...nice to know I'm not on my own!!

 

Have already picked up the postal order today so will get CCA off asap.

 

Will remember to print my name although interestingly I don't sign legal/financial documents in the same way as I do correspondence.

 

For example, if my name is Victoria Ann Summers (don't know how I came up with that name!) then I sign all correspondence as: V A Summers

but I sign legal/financial docs as: Victoria Summers.

 

So, will be inspecting MY signature with interest!!

[WelshMam2009]

Have you spoken to National Debtline or one of the free debt management companies (payplan or CCCS)?

 

Yes, FedUp, I did speak to National Debtline and whilst I found their documentation useful wasn't overly impressed with the advice to go for an IVA.

 

Did go through some financial info with them, with the intention of them managing my DMP, but was totally confused when they challenged my budget allowances for food etc which were based on figures quoted in their own documentation! So, negotiated my own DMP with my creditors.

 

Don't want to knock them though, as I know they provide an invaluable service.

[WelshMam2009]

They have forked tongue and probably do not have an agreement so try anything to get some money be prepared for more of the same.

 

Thanks Gordon...I hope they don't have an agreement! CCA has gone off recorded delivery today so will see what comes back!!

[WelshMam2009]

a credit card taken out online - does that need a signed contract? or is the online application (which of course cannot be signed) the legally binding agreement?

 

Ok, am new here so still learning myself! I understand that the law is different in respect of online applications and don't require a signature on the agreement. You should still receive a copy of your agreement in the post though (I know I did with EGG as I have it here!!)

 

what is the reason for not signing a cca request - surely a creditor could argue to a court that the unsigned request might not have been from the debtor therefore they felt obliged not to reveal information to someone else in the household (data protection)

 

There is a scurrilous rumour that some companies have been known to forge agreements...hence, you need to print your name. I haven't come across any posts where the CCA has not been supplied because of this although, further information/identification is requested with a Subject Access Request.

 

Hope this helps Diddy!!

[WelshMam2009]

hi welshmam i have cca mbna yesterday letter went off , shall we keep each other informed of what we receive next from them

 

Defo Almond....let's see what comes back!!

 

Fingers crossed!

[WelshMam2009]

hiya WelshMam2009 and everyone else with mbna problems

 

have you seen underdog thread yet?

 

maybe useful as speaking with solicitor on monday take a peek

 

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

 

 

laters angel x

 

Thanks for the link Angel...will subscribe and watch with interest!

 

What I love about this forum is that for the first time in years, I don't feel on my own in dealing with these matters. It's such a relief to know that there are other members going through (or have gone through) exactly the same problems as myself. Also, everyone's willingness to share information and help out is absolutely fantastic!

 

Fingers crossed for UnderDog!!!

[WelshMam2009]

Just checked Track and Trace and MBNA received my CCA request on 12th Feb (Thursday)....counting down the days!!

[WelshMam2009]

Thanks guys for still watching!!

 

Just to let you all know that MBNA received my CCA request on Thurs 12th Feb...let's see what they produce!!

 

Also, have posted this question elsewhere but will ask here also, does your application form constitue a valid CCA agreement if it is headed as such? Only I note that MBNA only seem to supply the application forms.

[WelshMam2009]

we get calls from them on a sunday but it is classed as a working day for the cca reply

 

lol That made me smile Almond:D I guess they should be but I doubt it somehow...

[WelshMam2009]

An application form does not constitute a valid CCA

 

Thanks Blueda...that's what I think also...just not sure the CCC's see it the same way!!

[WelshMam2009]

Nope...not a dicky bird!!

[WelshMam2009]

An update...no response to CCA request, well over due...so dispute letter to be sent tomorrow.

 

Received letter from them offering to settle the account at circa 30% but they state that this would be a partial settlement (no mention made of full and final) If I could afford a lump sum payment then I wouldn't be in arrears would I??!!!!!!!!

 

In 7 days they are going to default the account and sell onto a DCA.

 

Any advice gratefully received...thanks.

[WelshMam2009]

One other question as I draft my dispute letter....where exactly is the 12 + 2 days specified? Also, is this working days??

[WelshMam2009]

Ok...found it on a thread posted by PT2537...

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569)

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations, "the Act" means the Consumer Credit Act 1974.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/2 Prescribed period

 

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/SCHEDULE Sections of the Act in respect of which a period of 12 working days is prescribed relating

to duties in relation to regulated agreements

 

SCHEDULE

 

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

 

Regulation 2

Section of theAct

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

103(1) Duty to give debtor or hirer under a regulated agreement termination statement

or serve counter-notice.

107(1) Duty to give information to surety under fixed-sum credit agreement.

108(1) Duty to give information to surety under running-account credit agreement.

109(1) Duty to give information to surety under consumer hire agreement.

110(1) Duty to give debtor or hirer copy of any security instrument executed in

 

Not sure why we allow 12+2 days?? Which date should I be quoting in my dispute letter 12 wd or 14wd??

Edited March 9, 2009 by WelshMam2009

[WelshMam2009]

Hi welshmam,

12 days is the statutory time they have to comply:) The + 2 allows for delivery.

 

Thank you Underdog...I no longer feel alone and unloved!!

[WelshMam2009]

Welshman, if you want your original thread and this one combined.. just yell and I will ask a mod/site helper to do it for you.

 

Righto, the full and final settlement from MBNA. It will not be a F&F as you and I would interpret it. They will take your money, then sell on the balance for collection by a DCA. Have a read of BRW's post in the following link

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1771581.html

 

Yes please CB...it would be great if my other posts could be combined with this one. I did report the first one as being in the wrong place but don't think it was moved as requested.

 

Gonna read the thread you have suggested in a mo...many thanks.

 

MBNA can go and take a running jump as far as I am concerned and I'm not planning to give them another penny until such time as I know they have have a properly executed, non fiddled with, agreement!!

[WelshMam2009]

Request made.

 

Well done CB...that merger was completed in minutes!!

 

Now, if you could get the mods to remove the long adverts from the sides of the posts and move the forum to 'above the fold' instead of all those adverts, I would be REALLY REALLY impressed!!

[WelshMam2009]

Guys...still waiting on my CCA's.

 

However, digging through some old paperwork I found a copy of an old A&L Statement and noticed that the account number was different.

 

Can anyone clarify if you should be signing a new agreement if the account number changes (guess when MBNA took over)???

 

Thanks

 

PS..I also found a photocopy of an A&L application but it is really plain with no t&c's

Edited March 16, 2009 by WelshMam2009
PS

[WelshMam2009]

Thanks UD and Angel...still have the shed to sort out which is where most of the paperwork was dumped when we moved house.

 

I know I keep everything....trouble is, I can never find it when I need it!!