Full and final settlement help thread

sourcrates

Daisypop wrote: »

Hi all
Sent off 4 cca requests, got one back from Cabot which was original signed agreement so no joy there. However received a reply from Link financial saying have requested from original creditor and could take up to 30 days to get but 30 days was up on 30 August. What do I do with this one?

The other 2 are with 1st credit who have said the same that need to request from original creditors but could take several weeks. This was at the end of July. They have said they will suspend collection until they have those.
So do I just not pay those 3 as I'm with Stepchange until they send the required information? Is it likely that they cannot retrieve it as I thought I would have had a response by now?
Thanks in advance for any replies.

Yes, the accounts are (temporarily) unenforcable until they respond with the correct paperwork, however long that may be.

No need to do anything, just wait and see now.

Daisypop

Thanks sourcrates I'll instruct Stepchange not to pay for now.

runforlife

Pleased to say Marks and Spencer settled at 34.9% and wrote off £2,561

DrWatson1

The replies are trickling in regarding my CCA requests, and fortunately none have yet managed to send me an original signed agreement - so far, so good!

However, MBNA send a letter through today. The account is currently with Link Financial, and on the 31st August, Link sent a letter including this text:

"We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MBNA Limited"

I received this reply from MBNA today:

"Enclosed you'll find your current MBNA credit card terms and conditions - we've sent these to you either because you requested a copy, or you've added your card to a mobile device"

The second part of this statement about a mobile device suggests this is just a standard letter they send out, and while the current agreement is in there, it's not the original and it's not signed - it's been freshly printed as the first page of the agreement is on the reverse of the letter.

Is it reasonable to assume they have been unable to locate the original document, and have just sent this hoping i'll mistake it for the original?

alpenzone

Does anyone know the current postal address for Barclaycard full and final settlement offers please? I originally had an Egg account that then got transferred to Barclaycard. I've got a letter somewhere confirming this but can I find it!! Tried Googling it but there seem to be so many different addresses. Not sure which to use.

Hope someone can point me in the right direction.

Coinmachine

Hope its okay to post more success here, hopefully it will encourage others.

In addition to Santander accepting a reduced offer, Nationwide have accepted £300 for £750 outstanding on an overdraft. Altogether that trims nearly £2k of my DMP total.

sourcrates

DrWatson1 wrote: »

The replies are trickling in regarding my CCA requests, and fortunately none have yet managed to send me an original signed agreement - so far, so good!

However, MBNA send a letter through today. The account is currently with Link Financial, and on the 31st August, Link sent a letter including this text:

"We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MBNA Limited"

I received this reply from MBNA today:

"Enclosed you'll find your current MBNA credit card terms and conditions - we've sent these to you either because you requested a copy, or you've added your card to a mobile device"

The second part of this statement about a mobile device suggests this is just a standard letter they send out, and while the current agreement is in there, it's not the original and it's not signed - it's been freshly printed as the first page of the agreement is on the reverse of the letter.

Is it reasonable to assume they have been unable to locate the original document, and have just sent this hoping i'll mistake it for the original?

How old was the account ?

They don't have to supply a document with a signature on it, and it doesn't have to be the original signed piece of paper either, they can reconstruct one from information held on there systems.

The current terms and conditions were not what you asked for, it should be the terms in force when you opened the account.

Additionally if it was opened prior to April 2007, and the original terms are missing, then that constitutes non compliance, and would make it unenforceable, as case law exists, the courts can no longer rule on this.

Anything they send you must also be legible, if it isn't, then again it's not compliant.

DrWatson1

Okay, thanks for the info. The account dates back to 2006 - does this mean they have to provide a signed copy of the original agreement?

I'm pretty sure the terms they sent through are just a copy of their current T&C's, and not the ones in place in 2006. Would there be any way of checking this?

fatbelly

alpenzone wrote: »

Does anyone know the current postal address for Barclaycard full and final settlement offers please? I originally had an Egg account that then got transferred to Barclaycard. I've got a letter somewhere confirming this but can I find it!! Tried Googling it but there seem to be so many different addresses. Not sure which to use.

Hope someone can point me in the right direction.

Barclaycard
1234 Pavilion Drive
Northampton
NN4 7SG

alpenzone

Thanks fatbelly :-)