72k in debt....I feel sick

10past6

OK got it

Please confirm for me, this whole thread is about one debt MBNA/Link?

Is that the only correspondance they've sent you in question to your CCA?

moneymeltdown

yes most of this thread concerns the biggest debt i have which is with MBNA/Link

this is the only cca correspondence i have received from them

10past6

That is NOT an official CCA.

It DOES NOT comply with legislation.

It's up to you how you deal with them, if it was me, this is what I would do.

Complete and send the following letter, you're under NO OBLIGATION to pay them, agin if it was me nope I wouldn't be paying them a penny, and let them take me to court, they MUST produce the evidence for them to request payment.

*one important point, for the forceable future, if you choose not to pay them, keep the payments safe somewhere, just in case they do supply a valid CCA, that being said, they CANNOT add any charges or fees whilst the a/c has been in dispute*

xxxxx
xxxxx
xxxxxxxxx
xxxx
xxxxxx
xxxxxxxx

Following [Enter Creditor or DCA Name] non-compliance, as stated above, this account is now in Dispute. And as such is bound by legislation as laid down in the Consumer Credit Act 1974 (plus revisions) and the Data Protection Act 1980 (plus revisions). A non-exclusive list of key sections is highlighted below for your perusal:

• No interest or penalties can be added to this account whilst it is in dispute
• You are not allowed to directly or indirectly request the payment of any monies whilst this account is in dispute
• Following a period of 12 calendar days from my legal request, if you have not provided a true and original signed copy of the Customer Credit Agreement I am not obliged to pay any monies to you
• You are not allowed to communicate any of the information regarding this account or any personal information to any third party unless they have the rights to such information and only then with my written consent

Failure to follow any of the legislation laid down in the said acts will result in representations being made to the Office of Fair Trading and The Information Commissioner

This letter in no way excuses you from supplying the information requested in the first part of the attached original letter.


I confirm to you, I'm under NO obligation to pay any financial monitories to you unless you comply with my lawful request as laid down by legislation.

I await your response by the date xxx xxx 2009

beaujolais-nouveau

Just looking in on this topic again - 10past6, you rock! :T:kiss:

moneymeltdown

thankyou so much 10past6 for taking the time to help me with all this...very much appreciated!

so,i send the above letter to Link?

also,do i request the SD to be set aside within the 18 day time limit?

moneymeltdown

beaujolais-nouveau wrote: »

Just looking in on this topic again - 10past6, you rock! :T:kiss:

so do you beaujolais-nouveau! you really cheered me up when i was very sad on christmas eve x

10past6

moneymeltdown wrote: »

so,i send the above letter to Link?

Who is the debt with / who issued a SD order? that's who you send it to.

If you can afford £4.60 send it by "Special Delivery" rather than Recorded Delivery.

moneymeltdown wrote: »

also,do i request the SD to be set aside within the 18 day time limit?

Yes, on the grounds they have not complied with your LAWFUL request to supply a valid CCA

moneymeltdown

ok understood...i will send asap and send the SD set aside forms off too.I will let you know how I get on.

just one more question...in your template it says
"I await your response by the date xxx 2009"

Is there a time limit I have to set?

Thankyou thankyou thankyou for your help and advice with all of this x

10past6

moneymeltdown wrote: »

Is there a time limit I have to set?

Depending on your court date, give them 14 days to reply.

pandapaws

beaujolais-nouveau wrote: »

Just looking in on this topic again - 10past6, you rock! :T:kiss:

Was just about to say the same myself!

Good luck MMD!