Been With Eurodebt DMP for over 11 years [now discover most of my debts are...)

[Rayn2036]

One of my largest debt for £12k was for a loan from Barclays.

 

If I remember correctly, I received a cheque from barclays (year 2000) through the post asking me to bank if I want the loan.

I didn't believe it but gave it a go and banked it which obviously cleared.

 

I don't think they have any paperwork relating to this account.

 

Also, I never had loan from MBNA, though I had credit cards (Applied online),

 

can they transfer credit card balance as loan?

 

My DMP statement shows "MBNA Loan DO NOT USE" and I am paying every month towards it.

 

Also how does the CCA protects consumer on credit card/loan applied online winthout signature?

 

Are these debt enforceable?

[dx100uk]

no they cant

 

sar MBNA get the truth out of them.

 

dx

[Rayn2036]

 

sar MBNA get the truth out of them.

 

dx

Many thanks DX and really appreciate your help. I am about to SAR MBNA and Barclays but what I am confused about is, I have 3 different MBNA card debt, 3 Barclaycard debt and a Barclays loan. Do I only send only one SAR per company or 1 SAR per account?

 

Thanks

[dx100uk]

yes only one

[Rayn2036]

yes only one

Thank you DX, how about CCA? Can I send one CCA request with £1 PO quoting multiple account number?

Thanks

[dx100uk]

no sadly

one for each account+£1 blank PO

 

dx

[BRIGADIER2JCS]

One PO for all the fees to one company will be ok, just mark it 'for statutory fee only'.

[Rayn2036]

Thank you Brig and DX for your response. Today I received a mail from Caboooooot in reference to my CCA request. Please kindly look at it and advise. Do the original creditor have 40 days to comply?

[renegadeimp]

Nope. They have 12+2 days. If they fail to submit the requested documents in that time, then you can put the account into official dispute. It can still be chased up, but they cant enforce it in court.

[Rayn2036]

Thank you Renegadeimp. Should I write to them again or just wait 14 days from date of the latter? CCA was requested by recorded post on 9th August.

[renegadeimp]

Just wait. Once the 12+2 is up, send them the in dispute/non-compliance letter.

[BRIGADIER2JCS]

Dear Crapbot.

 

 

As you are most certainly aware the time limit for or request made under sections 77/78 of CCA 1974 is 12 + 2 working days NOT 4o days.

 

Cabot will comply with my lawful request within the correct time scale, a copy of Cabots letter dated xx.xx.xxxx, has been forwarded to the OFT/FCA today.

 

PUT THEM ON NOTICE NOW, this is a seriously misleading letter.

[renegadeimp]

Make sure you copy in the OFT/FCA as well. Dont just use it as a threat.

[Rayn2036]

Dear Crapbot.

 

 

As you are most certainly aware the time limit for or request made under sections 77/78 of CCA 1974 is 12 + 2 working days NOT 4o days.

 

Cabot will comply with my lawful request within the correct time scale, a copy of Cabots letter dated xx.xx.xxxx, has been forwarded to the OFT/FCA today.

 

Thank you Brig for your valuable suggestion. So, are you suggesting that I should write to them now and also send a copy of their letter to OFT/FCA? What is the address for OFT/FCA? do I need to write them a covering letter explaining my situation?

Thanks

[Rayn2036]

Make sure you copy in the OFT/FCA as well. Dont just use it as a threat.

 

Thank you, will do that.

[fkofilee]

Customer Assurance Team My Arse....

 

You dont request the services of a DCA so they are not doing anything through "Customer Service / Assurance"

Stick it to them 2 + 12... Not 40 days... that is how long they have to fully supply all data under DPA Act 1998

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Rayn2036]

Thank you DX for the link. I was wondering what if they send me original CCA after 14 days? Will it be enforceable?

[Rayn2036]

Today is the 14th working day and nothing arrived from Crapboot or Lowellll. It's time to fire another letter I guess.

[renegadeimp]

Send the non complaince letter

[Rayn2036]

Dear Crapbot.

 

 

As you are most certainly aware the time limit for or request made under sections 77/78 of CCA 1974 is 12 + 2 working days NOT 4o days.

 

Cabot will comply with my lawful request within the correct time scale, a copy of Cabots letter dated xx.xx.xxxx, has been forwarded to the OFT/FCA today.

 

PUT THEM ON NOTICE NOW, this is a seriously misleading letter.

 

Hi Brig, This is what I received in response to my letter. Should I now write them a non compliance? Thank you.

[dx100uk]

usual crap

 

they make up their own rules

 

which ofcourse are utter bowlarks

 

send the failure to comply letter

 

and stop any payments

 

dx

[Rayn2036]

Cheers matey for quick response, will do that straight away.

[renegadeimp]

Call their bluff. Ask, no DEMAND to know which part of 'industry guidance' shows that they are allowed an extra 28 days for a legal statutory request that only allows them 12+2?

[Rayn2036]

Couple more DCA replied today. I am particularly worried about Lowell letter as it reads they will demand full payment which is around 12K once they produce me original agreement of which I am currently paying token payment of £5. Their 12+2 days expired on 29 Aug and non-compliance letter is already on the post. What happens if they produce me agreement after 14 days?

 

I have also received a letter from Experto Credite with my £1 PO back. Please see attached letter and advise accordingly.

 

Thank you.