Debt curse

ILoveChristmas

jo6 wrote: »

By the way if you are on a DMP can you still claim back unfair charges? I didn't realise that you could and I was thinking of consolidating but the CAB advised against it.

ILC can't believe you have paid off £2000 in 7 months maybe there is a light at the end of the tunnel.

The advice on MSE about reclaiming credit charges says that if you are on a DMP the money you get paid back is used by the creditor to reduce the balance owing to you rather than a cheque being sent to you. That's fine by me - and as it should be.

And there is light at the end of the tunnel, definitely. Carry on as you are and you will see that light soon and in the meantime, there'll be loads of support on here to get you to that point.:)

ILC x

jo6

Do I just use the template letters on this site to claim back the charges and will they not start being hard to deal with and not accept my offers of payment to them.

jo6

Hi have just received a lovely post card saying that barry is going to call out this week!

When I rang to see who Barry was it turns out that its MBNA and Barry isnt in but when I asked if they could leave a message saying that CAB were dealing with account and could they ring them they said it wasnt up to them to ring them..

Does this mean that he will be calling out to my house and how do I get rid of them??

Sorry for the ramble but im scared senseless..

RAS

Jo

Barry has no right to visit you without your prior consent. Note that last word, as per the OFT Guidelines.

And as per OFT Guiidelines, they are obliged to deal with your chosen representative.

So thay are in breach on two counts.

Ask CAB to write to them telling them that visiting is not allowed and that refusal to deal with CAB will result in a complaint to the OFT. The OFT have just got teeth and one quarter of DCas have been warned about their behaviour.

HAve you done a CCA request on this yet?

jo6

Thanks RAS but to show my ignorance again what is a CCA request?

I bet when you answer this i will feel a proper dunce!!!

rog2

jo6 wrote: »

Hi have just received a lovely post card saying that barry is going to call out this week!

When I rang to see who Barry was it turns out that its MBNA and Barry isnt in but when I asked if they could leave a message saying that CAB were dealing with account and could they ring them they said it wasnt up to them to ring them..

Does this mean that he will be calling out to my house and how do I get rid of them??

Sorry for the ramble but im scared senseless..

'Barry' has all the authority of a milk delivery roundsman. RAS is quite correct. As they know that you are the original debtor, there is no need, or justification, for an unsolicited call, as that would be the only acceptable reason.
Should the elusive 'Barry' turn up at your doorstep, please remember that he will have no legal right of entry to your house, and you have no legal obligation to discuss the 'debt' with him. Furthermore, he must leave immediately when you ask him to.
Have a look at the section on 'Home Visits' in the OFT Debt Collection Guidelines:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

rog2

jo6 wrote: »

Thanks RAS but to show my ignorance again what is a CCA request?

As RAS is 'looking at allotments at the moment, I'm sure she won't mind me pointing you in the right direction. :rotfl: :rotfl:

Quite simply a CCA request is a request to look at the original consumer credit agreement which you should have signed, and without which a credit agreement, or debt, is legally unenforceable.
That is an over simplistic view, but, nevertheless, a request, for a cca can not be ignored by MBNA - it is a legal requirement for them to provide you with it within 12 working days of receipt of your request. Furthermore, that 'cca' must contain certain elements in order for it to be enforceable.
Have a look at :

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

RAS

Thanks rog

I seem to think that you are also into home grown from some comment.

RAS

rog2

RAS wrote: »

I seem to think that you are also into home grown from some comment.

Absolutely, RAS - and would LOVE an allotment, but, locally you have to wait for someone to die before you can get one. What makes me angry is that some people actually have three or four allotments out of the 50 or so available in our village.
Sorry to go 'off topic'.

RAS

jo6 wrote: »

Thanks RAS but to show my ignorance again what is a CCA request?

I bet when you answer this i will feel a proper dunce!!!

Since when was not knowing something a sign of ignorance?

Someone on here has a very good sig - " the only stupid question is the one that is not asked". I totally agree.

Ignorance is when you do not ask questions even when it is apparent that "something is wrong", or sticking with your chosen version when all the evidence indicates the opposite.

Anyway, enough said about major international politicians, though.:rotfl:

With respect to CCAs. When you signed up for any consumer credit (prior to April 2007), the creditor has to ensure that you were properly informed about what you signed up to by getting you to complete a signed Comsumer Credit Agreement. If they did not do this, then they should not have lent the money and the debt is unenforceable. Based on other comments, MBNA have a poor record of completeing proper CCas and frequently relied on application forms.

So it is worth sending the CCA request, with your name written not signed and the £1 maximum fee, to see whether the debt is enforceable.