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Advice Please SAR
Useless_with_wonga
Posts: 233 Forumite
Hi Guys,
I'll try to keep it short and to the point:o We are currently on a DMP and have been for 6 months and generally its been going fairly smoothly.
We decided to be a bit more proactive rather than sit back and do nothing as tempting an option as that was:D
We have been going through our accounts and sort of verified our decision to be proactive when we discovered RBS had been mismanaging our DMP payments and applying them incorrectly resulting in us stumping up interest charges which we should not have been paying so as a result we have a complaint lodged and hopefully it will all work out.
We have just send a SAR off to a DCA who have our MBNA CC account. We have never had any correspondance from this DCA although we do pay them via our DMP. Not sure if this DCA is inhouse MBNA or not. As it stands the account is defaulted and shows as such on my credit reference file in full technicolour:o
Thing is MBNA were absolute a*se*oles with us right from the start. They rang constantly and made the Mrs cry on more than one occassion. Then they proceeded to call me at work which was embarrassing. They then voted "NO" to our IVA proposal (sort of pleased they did now but still) I'm sure you get the picture. Certainly no love lost:D
I have a few questions regarding the SAR request and hope someone will know the answer/s or be able to offer some advice.
1/ The SAR contains a request for the CCA agreement. Thing is i don't recall ever signing any agreement for the MBNA CC. I may have done but i geniunely don't remember how i came by the card save to say i aquired it in 2003/4. If they can not produce the CCA then what happens? They have been threatened charging orders previously but to date have done nothing(They can do what they want for me i only have 2K equity and that's decreasing by the day) I understand that no CCA, no charging order is that right? Also no CCA we could tell em to whistle? not sure that i would but nice to know i could and would certainly put me in a stronger position with these bully boys.
2/ The SAR also requests a deed of assignment and since we have had no correspondance from the DCA whats likely to happen? Will they send the account back to MBNA? If they do will MBNA see their backsides again and start up with the phone calls /refusing the DMP payments threatening the FBI, SAS,Nazi Stormtroopers,dipping me in a vat of hot fat and pulling out my toenails with pliers.:rolleyes: I can't see why they would as a SAR is a legal entitlement that should not really provoke a reaction but you never know.
3/ The SAR also requests statements of account can you claim back charges even though your account is defaulted?
4/ If the DCA send back to MBNA can they start applying charges and interest onto the account even though the DCA have not done so.
5/ I'm sort of at a sod it phase now. I don't owe the DCA anything i didn't have a DCA credit card did i:D . I do owe MBNA(not as much as the balance but that's the way they work load it with charges and interest even though you can't even pay the original balance:mad: ) but am i right in thinking the fact it is with a DCA means that MBNA have written the debt off and sold it on. The DCA have picked it up for pennies and now profit from me paying them back far in excess of what they paid MBNA? which begs the question why they voted "No" to the IVA or offer me a Full and Final at the same rate as the DCA paid seems to me the only reason is because they could. As i said complete a*se*oles.
I'll try to keep it short and to the point:o We are currently on a DMP and have been for 6 months and generally its been going fairly smoothly.
We decided to be a bit more proactive rather than sit back and do nothing as tempting an option as that was:D
We have been going through our accounts and sort of verified our decision to be proactive when we discovered RBS had been mismanaging our DMP payments and applying them incorrectly resulting in us stumping up interest charges which we should not have been paying so as a result we have a complaint lodged and hopefully it will all work out.
We have just send a SAR off to a DCA who have our MBNA CC account. We have never had any correspondance from this DCA although we do pay them via our DMP. Not sure if this DCA is inhouse MBNA or not. As it stands the account is defaulted and shows as such on my credit reference file in full technicolour:o
Thing is MBNA were absolute a*se*oles with us right from the start. They rang constantly and made the Mrs cry on more than one occassion. Then they proceeded to call me at work which was embarrassing. They then voted "NO" to our IVA proposal (sort of pleased they did now but still) I'm sure you get the picture. Certainly no love lost:D
I have a few questions regarding the SAR request and hope someone will know the answer/s or be able to offer some advice.
1/ The SAR contains a request for the CCA agreement. Thing is i don't recall ever signing any agreement for the MBNA CC. I may have done but i geniunely don't remember how i came by the card save to say i aquired it in 2003/4. If they can not produce the CCA then what happens? They have been threatened charging orders previously but to date have done nothing(They can do what they want for me i only have 2K equity and that's decreasing by the day) I understand that no CCA, no charging order is that right? Also no CCA we could tell em to whistle? not sure that i would but nice to know i could and would certainly put me in a stronger position with these bully boys.
2/ The SAR also requests a deed of assignment and since we have had no correspondance from the DCA whats likely to happen? Will they send the account back to MBNA? If they do will MBNA see their backsides again and start up with the phone calls /refusing the DMP payments threatening the FBI, SAS,Nazi Stormtroopers,dipping me in a vat of hot fat and pulling out my toenails with pliers.:rolleyes: I can't see why they would as a SAR is a legal entitlement that should not really provoke a reaction but you never know.
3/ The SAR also requests statements of account can you claim back charges even though your account is defaulted?
4/ If the DCA send back to MBNA can they start applying charges and interest onto the account even though the DCA have not done so.
5/ I'm sort of at a sod it phase now. I don't owe the DCA anything i didn't have a DCA credit card did i:D . I do owe MBNA(not as much as the balance but that's the way they work load it with charges and interest even though you can't even pay the original balance:mad: ) but am i right in thinking the fact it is with a DCA means that MBNA have written the debt off and sold it on. The DCA have picked it up for pennies and now profit from me paying them back far in excess of what they paid MBNA? which begs the question why they voted "No" to the IVA or offer me a Full and Final at the same rate as the DCA paid seems to me the only reason is because they could. As i said complete a*se*oles.
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Comments
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They'll ignore your request.Useless_with_wonga wrote: »If they can not produce the CCA then what happens?
Not always, I've known judges grant orders without any valid CCA, some judges believe as you've made payments to the a/c you've admitted the debt (dealing with the judges decision is another issue)Useless_with_wonga wrote: »I understand that no CCA, no charging order is that right? Also no CCA we could tell em to whistle?
Did you mention you were paying a DCA re this a/c? if so, how's that come about if you had no DOA?Useless_with_wonga wrote: »The SAR also requests a deed of assignment and since we have had no correspondance from the DCA whats likely to happen?
Yes, but the chances are, they'll use those fees towards the a/c.Useless_with_wonga wrote: »The SAR also requests statements of account can you claim back charges even though your account is defaulted?
They can a law to themselves whether they add intrest or not.Useless_with_wonga wrote: »If the DCA send back to MBNA can they start applying charges and interest onto the account even though the DCA have not done so.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Don't really know about the DOA thing. Certainly had no corresponadance from them whatsoever. I spoke with them on the phone and they stated they were a part of MBNA so in all honesty i am a bit confused as to what is actually going on with the account. Their title certainly gives the impression that they are a DCA but i don't know one way or the other.
Plus the account is defaulted which gave me the further impression that MBNA had sold the account on whether thats right or not i don't know.
I have no problem with the charges been refunded to the account in fact i'd rather thats what happened as it reduces the debt.
If they ignore the CCA request then what? Surely they have to comply with the SAR and if they can't surely they have to tell you they can't.0 -
Who is the DCA you refer toClick here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
They go under the name of Debt Free Recoveries and Investigations Ltd.0
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Wonga
How did you end up paying these, if you had no letter of assignment?Useless_with_wonga wrote: »They go under the name of Debt Free Recoveries and Investigations Ltd.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Do you know i'm not really sure how it happened and i suppose just stupidly accepted that it was right. Am a bit confused by it to be honest. I called MBNA sometime ago and they told me the account was with DFRI Ltd Then they just seemed to appear i called them they confirmed they had the debt tried to get me on a managed loan type thing i said no and referred them to payplan they said they would not accept the DMP and they just appeared on my DMP thereafter never heard another thing from them since.
Payplan state they have accepted the DMP so i am now totally confused. Assumed they were collecting on the MBNA debt but they have never contacted me either in writing or on the phone.
Think i might call them and sort out who they actually are.0 -
Your SAR request should show the paper trail.Useless_with_wonga wrote: »Think i might call them and sort out who they actually are.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Assuming this was a credit card? Have you asked for the Consumer Credit Agrement or letter of assignment?If you've have not made a mistake, you've made nothing0
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Hi Guys,
Just come off the phone to these people state they are a subsidary(sp) of MBNA. Stated they would consider a 20% settlement which basically means paying £2800 to get rid of a 14K debt.
Needless to say i haven't got £2800 but Mother in Law states she would loan us it. Seems too good to be true but again feel i'd be silly not to accept if they will take 20% in settlement obviousley will have to pay mother in law off but thats a hell of chunk written off which in someways makes me suspicious that there may not be a CCA.
Am aware i need this all in writing from them before i pay the debt will be marked partially settled on credit records and i'm happy with that as the default is there anyway the letter will also state balance will not be pursued by them or any third party etc etc and the account will be closed
What do you think? I'm thinking do it then tell Payplan keep DMP at same rate meaning other creditors get paid off a lot quicker bringing my debt free date forward.
Not sure i'm doing the right thing here. What do you think0 -
MBNA are well known for not having legal documentation. You could try the CCA request.
And warning see this thread http://forums.moneysavingexpert.com/showthread.html?t=1570487If you've have not made a mistake, you've made nothing0
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