CCJs and property restrictions

thehog

OK, I will make a token payment to Optima and see if the CCJ papers come through the post on Monday! Presumably the CCJ has to go to Court first - Optima can't just obtain it "overnight", as it were?

RAS

thehog wrote: »

Could I email a letter as an attachment and mail the original, rather send an email containing the text from the letter?

Sorry, not sure what Subject Access Request is or who I contact to get it.

What is NDL please?

Given what 10past6 has posted (presumably after talking to you via PM), ignore this post and DO NOTHING.

thehog

RAS wrote: »

Given what 10past6 has posted (presumably after talking to you via PM), ignore this post and DO NOTHING.

OK, I shall do nothing. Sorry to be such a pain, I just want to make sure I'm doing the right thing - I don't want to jeopardise a clause that will reduce by debt hugely!

Thanks to you RAS and 10past6 for putting up with my waffling! :beer:

10past6

thehog wrote: »

I'm really confused.

As it stands right now, your in default of the agreement, until you take the a/c out of default (clear all arrears, then pay the minimum amount as per the agreement) they have the legal right to commence litigation, should they commence litigation there is a legal process they MUST follow in bringing a claim, the first step of that legal process they've failed on i.e. the DN, they cannot move onto the next stage of the process until step A is completed, that's why you need the agreement terminated, once terminated, they CANNOT say, sorry we made a mistake, once terminated if they've made a mistake, tuff!! the onus was on them to get it correct first time.

I suggest you follow the advise from RAS, and send the following SAR template letter to them, they have 40 days to comply, any documentation they supply should assist you with a defence should they commence litigation.

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

10past6

Forgot to mention, if you have access to a bank vault, stick the DN in it, it's your lottery ticket to any claim they make.

DebtFreeOneDay_3

Hi thehog and all
Been following your thread as my OH has a default from MBNA the same as yours received a few weeks after yours. I am trying to understand what makes a default faulty as I think this will be their next course of action with him as he has been redundant since new year and only able to make token payments. Thank you for any responses in advance. Have a good day:)

thehog

10Past, thank you so much for clarifying things for me. In respect of the template you have provided, presumably I send this to Optima Legal as I don't think MBNA have any of my details now. Is that correct?

Also, I had a letter from Optima which says:

"We confirm the agreement reached for the payment of your debt of £*the full amount not the arrears*.

Your first payment of £x to reach Optima Legal no later than 30/05/10 followed by monthly payments of £x until further notice.Providing this agreement is maintained, our client will not take any further recovery action against you but reserves the right to pursue any other relevant parties for any remaining loss."

I presume that I haven't jeoparised my position in respect of the potentially defective DN by agreeing to make a payment? To be honest I only made that agreement to stop them harassing me and buy myself some time.

Optima's letter also mentions reviewing the date at a regular intervals, "at which time you will be required to complete an income, asset and expenditure review form." I seem to remember being advised that only a Court has the legal right to obtain this information?

RAS

thehog


Send the template to Optima.

No, you have not jeopardised your situation by making payments, but do not feel obliged to pay more than you can afford and if this is less than £250, that is fine.

Just do not imply to Optima at any time that you have got a get out of jail free card on the phone or in writing until we are sure a termination letter has been issued.

thehog

Cheers RAS!

RAS

the hog

Can you edit you post please.