No reply to cca but....

[bobinky]

I sent a request cca letter regarding 2 cards my wife has and enclosed x2 postal orders.

As yet (17 days)I've had no reply or acknowledgement they have the letter (yet to check if signed for) but recieved 2 letters

account 1 they are threatening to take the house kill the dog etc.

account 2 they have offered to freeze interest and accept less money each month or will accept well less than half as full payment but she will owe the rest but they wont try and get it.

We havnt the money for either option,Im just bankrupt and we have no spare money each month,from experience of those on here does it sound like theres no original copy of agreement?

What do I do now.

Thanks in advance.

[sam614]

check they were signed for.and put them in dispute.

 

times up tell them so.

 

 

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescalehttp://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[bobinky]

Thanks.Looks like Im in for a long slog with this one if the others on heres experience is anything to go by but we cant afford her bankruptcy anyway so...

[bobinky]

Above letter sent today.More waiting.

The thing is in the end we cant pay and bankruptcy wont harm us in any way so if it gets near court she can just go bankrupt,our credit rating is shot anyway and we are moving back abroad ASAP.

I'm new to this and think a running commentary may help others as posts on here have helped me.

[supasnooper]

Have a look through here for MBNA threads that had a positive outcome -

 

DCA Legal Successes - The Consumer Forums

[bobinky]

Ive now had a letter telling me 'my complaint' ie my cca request and the follow on 'account in dispute' letter will be answered by xmas.

 

Ive had a letter from 'Debt Free recoveries and Investigations' saying they the account has been passed to them for recovery and they have been appointed agents for the debt.

 

As the account is in dispute can MBNA do this?

Who are these people,anyone had dealings with them?

Should I send a SAR request to MBNA as they will be 2 months late on the CCA request cut off date by xmas?

[sam614]

would sent that,get it returned to mbna,it should not have been passed on.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

nothing stopping you sending sar,but you could wait and see what they come back with first.

SAM

[bobinky]

Had nothing but 'we are dealing with your complaint and will answer by xmas' replies until today when weve had a DN on one of the accounts(the other was DN'd weeks ago).

Its dated the 4th/12 which is well past me putting both accounts into dispute,can they do this?

Is it about time I asked for a SAR?

[NPMBNA]

Hi bobinky

 

I'm just subbing to your thread. I'm in a pretty similar situation, I sent my first CCA request dated 19th October and then sent the account in dispute letter dated 16th November. I've heard absolutely nothing except from Global Vantedge (dca) as when they defaulted I didnt' make a payment.

 

So I'm interested in what happens with you, as I haven't even had a "we'll be with you before xmas" letter

 

Good luck

[NPMBNA]

PLUS I've never missed a payment up until they didnt meet the CCA request deadline.

[bobinky]

Weve not paid since about May,on about 6k.Still only at the default stage.At this rate itll be another year.

[bobinky]

Had another one from a DCA today offering massive discounts if I phone them now and pay something.They will be sent a account indispute letter tomorrow.

[supasnooper]

Was the default Notice sent under s87 of the Consumer Credit Act 1974 ?

 

Do you still have the envelope ? If not, go and get it out of the bin and come back here and tell us the postmark.

 

Finally, what is the date of the Default Notice and what is the date to remedy ?

[bobinky]

The envelope had no markings to show first or second class.

they have now written saying theyve looked into my complaint(I never made one)and they think they arnt to blame but give a ombudsman leaflet with it and say my CCA request will be dealt with in due course(they are in default by 30 days and have had a default letter.Also that they will not deal with me any more as they have given me many chances and all correspondence should be with the debt collection agency.The DCA has sent another threatening letter even though they have had a letter informing them the account is in dispute.

They really are arrogant twits 'in due course' would be in the legal 12 days which they just chose to ignore unimpeded by the financial bodies who are supposed to keep them in check.