Wally v MBNA, reclaiming charges

[ObstinateWally]

Hi all,

I'm confused here ! As has been mentioned in my other threads I have been playing cat and mouse with DCA's over alleged credit card debts for sometime, and what I'm after is a bit of advice, regarding reclaiming charges from these cards. There are 3 accounts I wish to reclaim on, one with MBNA, one with HBOS and one with Cap One. My confusion lies here, how do I go about reclaiming charges for these accounts which have been passed/sold on to other companies. Do I SAR the original creditors, or the new ones, and by issueing a claim, am I admitting that the debt i lawful? These charges, plus interest, add up to well over £3000, so I'd definitely like to get it back. That's another question, do I actually recieve a cheque for the charges, or will they take it off the amount outstanding?! I'm so confused my head hurts! If anyone could give me an outline of what to do and what will/may happen, it would be greatly appreciated.

Thanks for your time.

Wally

[silverfox1961]

Hi all,

I'm confused here ! As has been mentioned in my other threads I have been playing cat and mouse with DCA's over alleged credit card debts for sometime, and what I'm after is a bit of advice, regarding reclaiming charges from these cards. There are 3 accounts I wish to reclaim on, one with MBNA, one with HBOS and one with Cap One. My confusion lies here, how do I go about reclaiming charges for these accounts which have been passed/sold on to other companies. Do I SAR the original creditors, or the new ones, and by issueing a claim, am I admitting that the debt i lawful? These charges, plus interest, add up to well over £3000, so I'd definitely like to get it back. That's another question, do I actually recieve a cheque for the charges, or will they take it off the amount outstanding?! I'm so confused my head hurts! If anyone could give me an outline of what to do and what will/may happen, it would be greatly appreciated.

Thanks for your time.

Wally

Hi,

You will need to SAR the original creditor not the DCA's as they only have limited information about the debt.

 

As I see it, if the charges work out to be more than the actual debt, you will get the balance back but not the full amount.

 

If you are still left with a debt, it may be better to go with enforceability (or lack of) of the agreement.

 

You can still SAR with a view to checking whether procedure was followed before they sold the debts on I.E:

default notice

termination letter

Notice of assignment.

 

 

fox

[angel_1]

hiya have you seen the below thread, time to stand up people

 

http://www.consumeractiongroup.co.uk/forum/mbna/204839-band-together-against-them.html

 

have a sunny day laters angel x:)