CONFUSED Full and final NOT WITH zero balance?

glentoran99

DogandBone wrote: »

Right ok, accounts are closed when you enter into a DMP.

Yes, loans are a different beast to credit cards.

If Moorgate have failed to & are refusing to comply with a CCA request then they have committed a criminal offence by not placing collection on hold haven't they?

Sounds like they have no agreement/contract or the agreement is improperly executed.

When did you take the loan out? was there ppi included?

So the account is in Moorgates name with the CRA? Its absolute assignment not equitable then?

The account isnt on hold as quite simply the money owed isnt going to go away, yes they cant get a judgement but they can and will default if i stop paying, and it will be gone totally in a few months, the loan was taken out in 2006 with no PPI, Yes the account is in moorgates name with the CRA

DogandBone wrote: »

Just to clarify as well.

Only a live account can be settled. A defaulted (closed) account can only be satisfied, there is a massive difference.

Settled = account was live when concluded.

Satisfied = account was closed when concluded.

They really do whatever they want, BOI is marked as settled

glentoran99

DogandBone wrote: »

Thanks for clearing that up thechippy.

Should be on hold though, that's what i thought.

If it were me i'd send the CCA to MBNA to see if they throw it back to Moorgate, then send Moorgate a nice letter reminding them of their section 78 obligation & that the account is in dispute & i have no further obligation 'until' they fulfill theirs.

Only risk with that is if they comply with the CCA in say 6-12 months even, then they 'may' be able to re-age the account, not sure :-/

I want it done with though, ive lodged a complaint with the FOS for non compliance with request, in hope (no expectation however) that I can get them to agree a lower settlement, I need to threaten non payment, without actually doing so

glentoran99

thechippy wrote: »

Send the request to who owns the account - they will have to contact the OC. I wouldn't think ahead too much, just see what they come back with.

Nothing, zip, nadda, havent even aknowledged the request, sent back in july with reminders inbetween

thechippy

glentoran99 wrote: »

Nothing, zip, nadda, havent even aknowledged the request, sent back in july with reminders inbetween

Then I'd do as you say and use the failure to comply with your sec78 request as a tool to get a reduced f&f.
As you say, if it's gone soon anyway then just threaten non payment.

You could write to them along the lines that they have not satisfied your sec78 request and as such the account is unenforceable.

I'll pay you £x now to clear it out of goodwill, or I'll pay nothing and you can sing.
See what they come back with.

glentoran99

thechippy wrote: »

Then I'd do as you say and use the failure to comply with your sec78 request as a tool to get a reduced f&f.
As you say, if it's gone soon anyway then just threaten non payment.

You could write to them along the lines that they have not satisfied your sec78 request and as such the account is unenforceable.

I'll pay you £x now to clear it out of goodwill, or I'll pay nothing and you can sing.
See what they come back with.

check,

done that, they just replied to the offer and said no, completely ignoring the CCA part, my only real option is to stop paying, but as the other defaults are over 2 years old and really dont want a new one now this late in the day, In essence despite no agreement they seem to have the upper hand

thechippy

If they are ignoring your threat, then you have nowhere to go.
Your only option to get the point across is to stop payment, but they will then default the account...

DogandBone_2

glentoran99 wrote: »

check,

done that, they just replied to the offer and said no, completely ignoring the CCA part, my only real option is to stop paying, but as the other defaults are over 2 years old and really dont want a new one now this late in the day, In essence despite no agreement they seem to have the upper hand

Oh yet another case of 'control outside the realms of the law' by an alleged creditor teaming up with the CRA to bully payment out of a consumer through fear of further control!!

No agreement, no contract, no contract no default.

Its the fact they can put a default on your CRA file even if it breaches legislation that they use against us.

Its no fluke the financial system is set up the way it is, OC, DCA, CRA, FOS.... Don't bother complaining its a complete waste of time.

if you have a case take it to court.... but they know we are unlikely to be in a position to afford the risk... Courts aren't exactly known for getting it right all the time are they... hence they do exactly what they like, lawful or not, through complacency because they know the system is there to protect its little babies?

thechippy

@dogandbone,

Yep, could not say it better. It's all part of the old boys club, but we can still do battle......;)

DogandBone_2

thechippy wrote: »

@dogandbone,

Yep, could not say it better. It's all part of the old boys club, but we can still do battle......;)

Aye Cap'n.... with eyes wide open, by the law of the land we proceed :beer: