DMP Mutual Support Thread (Part 5)

cocker100

St0lli wrote: »

My head is in a bit of a spin at the moment so wondered if someone could help me....

When should I request a CCA. I'm just thinking about my situation with MBNA. I've had my card with them for years and years and can only remeber signing a form which was one of those 'your card is pre approved just sign here' things. MBNA haven't agreed to my DMP.

Should I wait until they send it on to a DCA or should I request it now? I did send off a £10 cheque for a SAR but they returned the cheque and just gave me a list of the last six years charges.

Many thanks

St0lli x

Hiya,

They should have provided you with the original "true signed copy" of the credit agreement with you send them the SAR request. If they haven't they are in breach of the Data Protection Act, as you are entitled to see all the information they hold on you including this document.

As far as I am aware, even if they returned the £10 fee, their obligation remains the same. I would write back and ask why it wasn't included in the SAR and clearly state that you will report them to the Information Commisioner if they do not comply.

They probably never included it becasue they dont have it, and no agreement= no enforceable debt.

They cant take you to court over the debt without this document, so you can decide how much, if anything you want to pay back if they dont come up with the goods.

Cocker:)

billybobberyl

just a quick one, wanted to say congrats rachelfleur on finding that debt lower than you thought, it must make your DFD a bit better.
srry dont know how to do the quote thing yet!

St0lli

50broke wrote: »

if you don't mind me asking, how much is your mbna loan? mine is (or was before interest added) 14k, now gone up to 14780 in 2 months!!!

It was at £10k just before my LBM but not had any statement recently do I dread to think what it is now with all the interest (34.9%) and charges addded...:eek:

I honestly am happy to pay back my debts as I've spent the money but I really think these guys are no better than loan sharks... I mean 34.9%????!!!!!!!!!!

St0lli

cocker100 wrote: »

Hiya,

They should have provided you with the original "true signed copy" of the credit agreement with you send them the SAR request. If they haven't they are in breach of the Data Protection Act, as you are entitled to see all the information they hold on you including this document.

As far as I am aware, even if they returned the £10 fee, their obligation remains the same. I would write back and ask why it wasn't included in the SAR and clearly state that you will report them to the Information Commisioner if they do not comply.

They probably never included it becasue they dont have it, and no agreement= no enforceable debt.

They cant take you to court over the debt without this document, so you can decide how much, if anything you want to pay back if they dont come up with the goods.

Cocker:)

Thanks Cocker... I feel another letter writing session coming on :rotfl:

massivedebts

Good morning all.:D

Welcome to the thread COWD:j :j , nice to have another newbie with us!:A

Nothing new to post since yesterday, except what a lovely sunny day, enjoy it guys!:cool:

MD xx

geoffmr1

Hi StOlli,

Can I just ask, was it definately an SAR request you sent to MBNA as it seems strange they would just supply the charges or statements? To me that would suggest they have mixed up an SAR request with a request for statements to reclaim charges. After all, even if they didn't have a copy of the CCA they should still have supplied documents with any telephone conversations which have happened & any letters they have previously sent you & any you have sent them.

msc1977

massivedebts wrote: »

Good morning all.:D

Welcome to the thread COWD:j :j , nice to have another newbie with us!:A

Nothing new to post since yesterday, except what a lovely sunny day, enjoy it guys!:cool:

MD xx

Morning MD & all....

Lovely and Sunny? Are you in Barbados:rotfl: No sunshine here just grey foggy skies:mad: !!

My only change is one of my catalogues has gone to a DCA, Droyds, I think they are in house and from experience of them in the past i am hoping they will accept my DMP payment as the catalogue did not (pants really as it was only 2 pounds less than the original amount!!!!!)

Hoping for some good news in the post today and seriously contemplating applying for some CCA's for my Natwest and Egg CCards.

Have a good day everyone..

msc xxx

geoffmr1

massivedebts wrote: »

LONGER!!!!! BOUT 17years!!:eek: :eek: :eek: :eek: :eek:
Can I ask a question to those of you with CCCS and who have MBNA as a creditor, as I'm confused doesn't take much
Anyway, we have 3 cards with the MBNA group and our min contrractual payment was £25 regardless of balance., hence the fact we had so many cards with them. CCCS have said that they must work out the contractual payment as 3% of the balance which means that MBNA will now be getting £37 per month, rather than the £25 that they want, yet M&S fo example who want £150 are only getting £50 has anyone else had this prob?
Thanks
MD xx

Hi MD,

Just seen this post & I have had an experience with CCCS, whilst not exactly the same is still annoying.

Under my DMP they are paying MBNA £9+ for a debt of £260 (originally £360), when I started the plan MBNA were getting £5.50. We also have a debt with HSBC bank which started at £500 & they were getting £5 a month which they wouldn't accept, so have continued adding interest, it's now £530.

I phoned CCCS to ask if they could lower the payments to MBNA so that HSBC could receive £7.50 a month, if CCCS had agreed to this HSBC would have stopped all interest on the account but CCCS wouldn't do it. I find it totally unfair as it means our HSBC debt is getting bigger whilst MBNA are getting paid off on a much smaller debt. The reason CCCS wouldn't do it is because the contracted MBNA loan repayments were £78.83 a month but with HSBC it was an overdraft & therefore much less.

I see the logic in what they say about pro rata payments but when you step back it's pure madness.

icecube2009

Hi, I am looking into a DMP & wondered if anyone can tell me if CCCS or Payplan are the best ? thanks

Daffykjs

Morning all,

It's lovely and sunny here too! Looking forward to going out for a walk at lunchtime! (After I've photocopied and sent my latest statements and letters obviously!)

icecube I think they are both as good really. from what i understand (i'm with payplan and never looked into cccs) they decide on how much you pay each creditor in a different way (hopefully someone else can elaborate for you on this) but that's the only difference!