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DMP Mutual Support Thread (Part 5)

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  • Kudox
    Kudox Posts: 429 Forumite
    Hi all, wondered if anyone could offer advice.
    Have recently requested CCA from Marbles, mainly because after they were taken over by bank of scotland recently they had stared to play nasty, and were threatening to pass the account to a DCA.
    Anyhow they've wrote back saying they are unable to provide the original T&C's/agreement.
    Today i got my satement and they've charged me about £150 in interst and charges, though up till now thwy had stopped.
    Two questions really:
    Does this mean they now can't pass the debt on as presumably it's now classed as being in dispute?
    Has anyone used the fact there's no CCA to force a creditor to drop the charges and interest again?
    Thanks for any advice.
    DMP Support Thread Member 238 :D
    DMP started October 2008
  • Kudox
    Kudox Posts: 429 Forumite
    ladyday wrote: »
    I've received a Default notice from Egg for one of my credit cards (I have 2 cards with them). They are asking for payment of arrears by middle of May, otherwise they will issue proceedings or instruct a DCA.

    My DMP is due to start in May so they should receive the first payment from CCCS about 25th May (after their payment deadline). They are still adding interest to the card balance although they've being notified about the DMP and have received a token payment.

    I guess the Default notice is the standard way they proceed ? So should I send them a CCA request now ? Will this stop them passing the account to a DCA ? Can it cover the two Egg accounts or do I have to pay the £1 for each account ?

    Other than this all is quiet, Barclaycard seem to have frozen charges and interest straight away on one account so hopefully that means they are accepting my DMP.
    You can send a cca request at any time, £1 for the two accounts is fine, just make sure you put both account numbers on the letter
    DMP Support Thread Member 238 :D
    DMP started October 2008
  • ladyday
    ladyday Posts: 68 Forumite
    Thanks Kudox I'll send a CCA request tomorrow then.
  • cocker100
    cocker100 Posts: 520 Forumite
    Part of the Furniture Combo Breaker
    Kudox wrote: »
    You can send a cca request at any time, £1 for the two accounts is fine, just make sure you put both account numbers on the letter


    Not sure on this!

    I would send a £1 fee with each request as they are seperate accounts.
  • cocker100
    cocker100 Posts: 520 Forumite
    Part of the Furniture Combo Breaker
    Kudox wrote: »
    Hi all, wondered if anyone could offer advice.
    Have recently requested CCA from Marbles, mainly because after they were taken over by bank of scotland recently they had stared to play nasty, and were threatening to pass the account to a DCA.
    Anyhow they've wrote back saying they are unable to provide the original T&C's/agreement.
    Today i got my satement and they've charged me about £150 in interst and charges, though up till now thwy had stopped.
    Two questions really:
    Does this mean they now can't pass the debt on as presumably it's now classed as being in dispute?
    Has anyone used the fact there's no CCA to force a creditor to drop the charges and interest again?
    Thanks for any advice.


    They are in default and as such they cannot add any interest to the account, nor can they sell it on.

    Have a look at post 12 in the following thread. If you haven't already, send that letter to them.

    http://forums.moneysavingexpert.com/showthread.html/?t=963087


    If they dont play ball then report them for breaking the regulations.


    Cocker:)
  • Kudox
    Kudox Posts: 429 Forumite
    cocker100 wrote: »
    They are in default and as such they cannot add any interest to the account, nor can they sell it on.

    Have a look at post 12 in the following thread. If you haven't already, send that letter to them.

    http://forums.moneysavingexpert.com/showthread.html/?t=963087


    If they dont play ball then report them for breaking the regulations.


    Cocker:)
    Thanks for that Cocker, I will send that letter tomorrow, and we'll see what happens from there.
    This is the first of my creditors I am going along this route with so I am really grateful for the help and info.
    Next to tackle is MBNA:eek:
    DMP Support Thread Member 238 :D
    DMP started October 2008
  • Kudox
    Kudox Posts: 429 Forumite
    cocker100 wrote: »
    Not sure on this!

    I would send a £1 fee with each request as they are seperate accounts.
    Sorry Ladyday if I gave wrong info regarding this, I was going off what I read on here a while ago, when someone posted it was fine to send £1 for both.
    Hope I didn't confuse the issue.
    DMP Support Thread Member 238 :D
    DMP started October 2008
  • ladyday
    ladyday Posts: 68 Forumite
    No worries Kudox :A
  • cocker100
    cocker100 Posts: 520 Forumite
    Part of the Furniture Combo Breaker
    Kudox wrote: »

    Next to tackle is MBNA:eek:

    A mutual creditor!

    Dont hold your breath with that lot!

    My MBNA account was sold to Equidebt DCA. They have so far failed to send anything with regards to my CCA request. Just a letter to confirm they had received the request and that all "collection activity" had stopped. Oh yeah, and they cashed the cheque!

    I sent the letter on 2nd March!!!

    I read somewhere on the CAG website that 99.9% of pre April 07 MBNA agreements are unenforceable. Most are only application forms in the "proposed form" and are therefore unenforceable!

    Nice!:D

    Cocker:)
  • Kudox
    Kudox Posts: 429 Forumite
    cocker100 wrote: »
    A mutual creditor!

    Dont hold your breath with that lot!

    My MBNA account was sold to Equidebt DCA. They have so far failed to send anything with regards to my CCA request. Just a letter to confirm they had received the request and that all "collection activity" had stopped. Oh yeah, and they cashed the cheque!

    I sent the letter on 2nd March!!!

    I read somewhere on the CAG website that 99.9% of pre April 07 MBNA agreements are unenforceable. Most are only application forms in the "proposed form" and are therefore unenforceable!

    Nice!:D

    Cocker:)
    Interesting, the time limit is almost up on the first letter so I guess they haven't got it. I'm going to fight them all the way, the debt is actually OH's and they are charging a truly outrageous amount in interest each month, it's time we fought back.:mad:
    DMP Support Thread Member 238 :D
    DMP started October 2008
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