ccas ,has it all changed?

poptart1_2

ok, will try to cut a long story short, asked a dca for a cca for credit card account which I could not pay? I paid a minimal amount each month to the original creditor who was mbna but thay soon sold on the debt, anyway the cca came back without the terms and cons it should have contained.
So I sent the appropriate letter back ,and than the terms and cons arrived seperatly, now I know for certain that these were not the correct ones that I would have had when I opened the account in 2002 as it states Charges of £12 for late payment,unpaid bill and over credit limit, at the time in 2002 these charges were set at £25, so they are the latest terms and cons,
Should the terms and cons be included in the credit agreement? or has this changed?
Is there a letter I can use to send them pointing this error out, or would I be wrong in doing so.
The cca they sent me back is just an application form.
Sorry to go on, but they sent a representative to my door today and I feel very sick.I first asken mbna for the cca way back in feb 2009.Hope you can helpxxx

Jinx

Hi Poptart

I think you should have a read from the beginning of theUnenforcibility thread - think its now unenforcibility IV...

My understanding is that the terms & cons should be on the agreement or linked, but Im a novice! Go through the thread and use the template letters, checker and timelines given. It'll make life easier

NorthernLas

Here is the link to the unenforceability IV thread.

https://forums.moneysavingexpert.com/discussion/2532927

The flow charts in the first few posts of unenforceability III should give you an idea as to what to do next

If you have just received an application form, I think you should be sending them a CCA query (http://forums.moneysavingexpert.com/showpost.html?p=33791719&postcount=14)

You need to keep going until you either get a CCA or they tell you they have not got one.

Hannah_10

I'm gonna say more or less the same as the other two. This looks like an unenforcible debt to me, which means they can't persue it through the court, so what they do is they persue it any other method they can justify, however barely-legal. Doorstep visits are barely-legal, as will be pretty much anything they say to you on the phone (golden rule = everything in writing). The unenforcibility thread also has the template letters for that.

And no, the rules haven't changed, it's just as you're finding creditors still don't play to them. You'd have thought they'd have learned to play fair when they got ruled against in 2007 and learned that 30 years worth of loans and credit cards over which they tried to cheat people did not stand wouldn't you. Seems not!

poptart1_2

thankyou so much all so far, I feel slightly better now and will read through those threads you reccomend.The doorstep representative gave my son a card telling me to ring him(i was out) It was in an unsealed enverlope which I think was very bad, my son could have read it and might have done for all I know, now hes worried something wrong as he didnt know about my problems.will keep you posted on progress, so far I have sent doorstep letter, and oft guidelines to the company recorded delivery of course.xxxx

Hannah_10

If you would like to make a complaint to the FOS about that blatent breach of the Data Protection Act 1998 then you are well within your rights. They'll sting the DCA (debt collection agency) for a £500 fine.

Or you could complain to the OFT, no fine for them and no personal resolution but it'll be taken into consideration when renewing their Concumer Credit Licence (or not).

barbiedoll

May also be worth sending them this one...

http://forums.moneysavingexpert.com/showpost.html?p=33791777&postcount=16

And until they come up with the goods, don't pay them another penny!

poptart1_2

Thanks folks for advice,I have reported the situation to The Office Of Fair Trading, will keep you all updated.xxx