Frightened about my future

happyhaddock_2

I doubt that you have taken the time to read all 11 pages of this thread but if you have you will know that Mouseann has not arrived at this "solution" lightly and has been very traumatised by the whole thing. You could also ask why the banks have lent £120,000 to an OAP about to retire, so much for their vetting procedures!.

carol01

mouseann wrote: »

I did use the Customer Services Department so think I have the right addresses.

Not sure about this SAR thing, though. Am I correct in thinking that this should be the next step and to cross this particular bridge when (and if, even?) I come to it?

hi mouseann
its great people are giving you all this advice, but i think the best thing to do is stick to what never in doubt has told you to do , no disrespect anyone else on here he will see you right

mouseann

Thanks Happyhaddock,

I fully appreciate that there is always going to be another side of the coin - I am not totally naive - but your support is most welcome.

mouseann

Thanks Carol01,

I really appreciate your support and comments.

never-in-doubt

Ok, i'm not going to start arguing or measuring nob sizes with you. Go read my thread, ask the guys on there how much i've saved then come back with your own stats.

Unenforceability & Template Letters III

I know this inside out, you can disagree all you want but a SAR is incorrect and should NOT be done at this stage. You are simply wrong, accept it.

Visit my thread and argue with me on it, see how many people tell you you're wrong.... i'll leave it at that :wave:

jdx wrote: »

No disrespect never-in-doubt but I would have to disagree. In fact once you have SAR'd the banks which takes 40 days to comply, the statements arrive. One letter for the SAR request and then another to ask for the charges back. As simple as that. In fact while the OP is looking at enforceability of the agreements [which takes longer from my experience], the OP may be returned admin charges, default charges and overlimit charges with the 8% interest on top. I agree once proven that the cca is unenforceable then there would be nothing owed. However if it is the opposite then at least the debt would be reduced by the refund. IMO, saves time.

I can help you with this process mouseann if you want to save time. One letter for the SAR request and then forget about if for the next 6 weeks. If you are worried about the £10 SAR fee, it's only one fee for the same bank no matter how many cards you have with them. But I can undertand if you want to wait.

happyhaddock_2

Thanks Mouseann, didn't mean to imply that you're not aware, but it just seemed an unfair and rather insensitive comment, especially re-children. xx

mouseann

Thanks to everyone who has sprung so quickly to my defence,

I was not going to dignify this post with a response but feel I must say a few words.

It is not being accused of stealing which I find upsetting (I accept that everyone is entitled to their opinion) but I really didn't think it necessary to make personal comments about any "kids" who I may, or may not, have, as this is totally and utterly irrelevant.

mouseann

Thanks again Happyhaddock,

And, regarding the remark about children, I think we were typing our responses at the same time - except you go in first!

never-in-doubt

jdx wrote: »

I can help you with this process mouseann if you want to save time. One letter for the SAR request and then forget about if for the next 6 weeks. If you are worried about the £10 SAR fee, it's only one fee for the same bank no matter how many cards you have with them. But I can undertand if you want to wait.

Ok, just a quicky - a SAR conforms to DPA1998 which unless you were not aware has no recoverable powers, i.e. they cannot enforce - they merely advise. The CCA is governed by an Act that is regulated therefore meaning it stands in court much harder than any DPA (sch.7 or otherwise). In laymans, the lender has 12+2 days to comply with s.78 or they are in default. They then have a further 30 days before the account becomes unenforceable meaning no legal action can be taken.

Do what you say, in 40 days (most SARs come in 120 days +) the debt would be at court stage - a SAR cannot stop judgement being issued. Failure of s.78 can.

Want me to continue or have I already proved how wrong you actually are?

Sorry but it seems like everyone wants to jump in and confuse things. The OP MUST issue s.78 CCA Request asap. That will guarantee no court action can be taken.

swanfan02

mouseann wrote: »

Thanks to everyone who has sprung so quickly to my defence,

I was not going to dignify this post with a response but feel I must say a few words.

It is not being accused of stealing which I find upsetting (I accept that everyone is entitled to their opinion) but I really didn't think it necessary to make personal comments about any "kids" who I may, or may not, have, as this is totally and utterly irrelevant.

Take no notice of people like noballz they are in a tiny minority, trust in NID he WILL help you. All the best.