Why is he saying this? - Please help

[Amethyst]

Re: Why is he saying this? - Please help

You'd do CCa before charges, depending what will bring up the best outcome for you. If you charges are worth more than your remaining debt then naturally its better to go for charges, if your remaining debt outweighs the charges then if your agreement if unenforceable you may be better off going down that route. Charges reclaim has less chance of destroying your credit record, but if its screwed anyway then you may not be worried about that.

Moral arguments till the cows come home, but when it comes down to it the companies have had 30 odd years to get their agreements right and in line with the law and havent bothered. So if you can use the law to your advantage to stop DCAs and creditors overcharging you or help yourself get out of a pickle then go for it.

If you go through the guide Peeky linked you to earlier, (linked top right of forum) it will show you what to do next where they havent supplied an enforceable CCA.

[WendyB]

Re: Why is he saying this? - Please help

Well as we have pointed out God only knows how many times, why a person chooses to request a CCA is entirely up to them, they are the only ones who really know what there reasons are.

The point is (as I have already said) is how do you want to proceed? You have your reasons/morals/whatever, others have their own.

How and why and because in regards to other peoples questions is their business, not yours. If you want to question them, this is not the place, as I have also said. You either want help, or you don't. Tell us what you want, we'll try to help if we can.

But as I said in my last post - why aren't you getting Cento to do it, as you have already paid them? If you are getting nowhere with them you may just have to kiss your fee to them goodbye, put it down to experience and start again from scratch, and do it yourself.

Only you can decide which way you want to play it.
If you don't want help, then I really fail to see the point of your thread in the first place.

[Fitz]

Re: Why is he saying this? - Please help

You'd do CCa before charges, depending what will bring up the best outcome for you. If you charges are worth more than your remaining debt then naturally its better to go for charges, if your remaining debt outweighs the charges then if your agreement if unenforceable you may be better off going down that route. Charges reclaim has less chance of destroying your credit record, but if its screwed anyway then you may not be worried about that.

Moral arguments till the cows come home, but when it comes down to it the companies have had 30 odd years to get their agreements right and in line with the law and havent bothered. So if you can use the law to your advantage to stop DCAs and creditors overcharging you or help yourself get out of a pickle then go for it.

If you go through the guide Peeky linked you to earlier, (linked top right of forum) it will show you what to do next where they havent supplied an enforceable CCA.

Well thats the way I see it and thanks for that, I would suggest then that the requests for CCA'S are just a Smokescreen as I thought and have been backed up by various forums. Surely asking for the CCA 1st somewhat backs that up to.

For someone who is a novice with this situation, I welcome you post. Thankyou!

[Amethyst]

Re: Why is he saying this? - Please help

I wouldnt say smokescreen, they are a valid way to get the information you need, especially if your account is stuck with a heavy handed DCA who don't have the necessary paperwork....it can really get them to back off.

before starting work sorting out any account, whether charges, excessive interest etc, it is always best to get as much information as possible. So majority of the time people should send a CCa request and a full SAR before doing anything.

There ARE unenforceable agreements and people have had debts written off and reduced because of them.

Mbna do not sound like they have complied so you could stop paying them and they couldnt enforce the debt in court.

If you are having problems with the account i would suggest now that you start a new thread, detailing what your current situation is and go through it without the surrounding arguments.

i'd also suggest you get back onto Cento and find out exactly what they are doing with your case at the moment and again, read through the consumer credit guide on here ( ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles )

[Luminol]

Re: Why is he saying this? - Please help

Well, this might seem a silly question, but what are Cento advising? As you have paid them an awful lot of money, shouldn't they be doing the work for you, instead of you having to do all the research yourself? How far have they got with your claim, and what is their proposed next course of action?

What was your balance with MBNA?
What was the amount of charges?
Have MBNA defaulted you?

Hi Fitz

Just a thought aren't MBNA/Cento/Loans.co.uk all the same company i.e. Bank of America, if they are as I thought they were, Cento would be unlikely to help you wipe your debts with MBNA.

But I may be wrong.....

Lumi x

[TUTTSI]

Re: Why is he saying this? - Please help

Hi Fitz

Just a thought aren't MBNA/Cento/Loans.co.uk all the same company i.e. Bank of America, if they are as I thought they were, Cento would be unlikely to help you wipe your debts with MBNA.

But I may be wrong.....

Lumi x

Hi Lumi,

This is not quite right.

The loans.co.uk is where I believe that Cento obtained my stolen data from Sept 2007. This has been backed up by about 70% of posters on my Cento Thread that they had dealings with Loans.co.uk. I do not have any proof as yet if anyone from Cento is or was connected, or employed by loans.co.uk or indeed a director at that time.

Tuttsi x

[Luminol]

Re: Why is he saying this? - Please help

Sorry Tutts, this is what I gleaned from Facebook (I have such amazing sources - not!) My apologies..

Lumi x

[Fitz]

Re: Why is he saying this? - Please help

I wouldnt say smokescreen, they are a valid way to get the information you need, especially if your account is stuck with a heavy handed DCA who don't have the necessary paperwork....it can really get them to back off.

before starting work sorting out any account, whether charges, excessive interest etc, it is always best to get as much information as possible. So majority of the time people should send a CCa request and a full SAR before doing anything.

There ARE unenforceable agreements and people have had debts written off and reduced because of them.

Mbna do not sound like they have complied so you could stop paying them and they couldnt enforce the debt in court.

If you are having problems with the account i would suggest now that you start a new thread, detailing what your current situation is and go through it without the surrounding arguments.

i'd also suggest you get back onto Cento and find out exactly what they are doing with your case at the moment and again, read through the consumer credit guide on here ( ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles )

Fitz,

If you have your credit agreement and you believe it to be unenforceable then scan it , remove personal details, and post it up, then we can help with the next step once you decide what you want to do. you have to let the credit card company know if you want to stop paying and write off the balance. if it is unenforceable then they cant chase you in court although they will most likely still default you and affect your credit record....which would then need fighting against under the dpa. if you want to use the agreement faults to sort out a sensible affordable repayment plan, or even a partial F&F offer thats often a good route to take to prevent credit record issues. its very persuasive.

We don't know the situation with your credit card company, if they are chasing you / taking you to court etc ? or if you are trying to go for a formal declaration of unenforceability in court and attempt a refund of everything you have paid (dubious).

to help you we need to know what your situation is, what the agreement is and what you want to do first.

Moral arguments aside please.

Thanks again,

I may start a Thread regarding what I do, I'm just not sure I could deal with some of the stuff I have read from a timeframe POV and the intensity of it. MBNA have been gits ever since they took over my account, they have continually refused to help and their current Interest Rate is something I have never agreed to.

[WendyB]

Re: Why is he saying this? - Please help

What do Cento say regarding your current position? Where are they in the process so far?

What action have MBNA taken against you if any?
Is there a DCA involved?
Are you in default?
do you know how much your charges are?

[Amethyst]

Re: Why is he saying this? - Please help

Thanks again,

I may start a Thread regarding what I do, I'm just not sure I could deal with some of the stuff I have read from a timeframe POV and the intensity of it. MBNA have been gits ever since they took over my account, they have continually refused to help and their current Interest Rate is something I have never agreed to.

yep MBNA can be full on ... they will accept freezing interest/charges and a repayment proposal if you are struggling, they do keep calling for a bit though. we have a few people here who are dealing with mbna for c/card debt (think one is £5k being repaid at £15 a month at present and interest frozen etc) it really depends on your circumstances.

CCA stuff is sold to people as the easy way out, and it isnt except in very very few cases.

Start up an mbna thread and we'll start over with this debt and your circumstances and we'll try help you out as best we can so things are manageable.

[Fitz]

Re: Why is he saying this? - Please help

yep MBNA can be full on ... they will accept freezing interest/charges and a repayment proposal if you are struggling, they do keep calling for a bit though. we have a few people here who are dealing with mbna for c/card debt (think one is £5k being repaid at £15 a month at present and interest frozen etc) it really depends on your circumstances.

CCA stuff is sold to people as the easy way out, and it isnt except in very very few cases.

Start up an mbna thread and we'll start over with this debt and your circumstances and we'll try help you out as best we can so things are manageable.

Sorry but what do you mean by that which I have highlited?

[Amy]

Re: Why is he saying this? - Please help

Ame means claims companies target the CCA to get people to part with money on the premise that they will not have to pay their debts.

[Fitz]

Re: Why is he saying this? - Please help

Ame means claims companies target the CCA to get people to part with money on the premise that they will not have to pay their debts.

Many thanks, could you offer any advice on what I should do with CENTO? I paid them £299.00 in March and all I keep getting from them is the same old rubbish about how they are still waiting for some results. If I try and get the money back from them, what should I say?

[Sapphire]

Re: Why is he saying this? - Please help

Fitz did you sign anything when you paid your money ? Did you get some Terms and Conditions ? If you did can you scan them up and we can have a look and see if there is any clause that could help you get your money back, although since you paid up in March you most probably are well over your 'cooling off' period.
Perhaps you could scan or copy out all paperwork thats passed between you too, it would be a great help.

[Fitz]

Re: Why is he saying this? - Please help

Fitz did you sign anything when you paid your money ? Did you get some Terms and Conditions ? If you did can you scan them up and we can have a look and see if there is any clause that could help you get your money back, although since you paid up in March you most probably are well over your 'cooling off' period.
Perhaps you could scan or copy out all paperwork thats passed between you too, it would be a great help.

I signed 3 lots of papers for them to get access to obtain whatever Documentation they had to get. Apparently they still haven't got it though! I never recieved acknowledgement for anything that was sent but they have given me a reference number. Whenever I call I get the same old rubbish everytime and how I need to give things more time, funnily this woman called Rachel who has the most irrating voice ever said it to someone else whilst I was on the phone to her colleague yesterday. You could clearly hear what she was saying and it had all been said to me. Also when you question them about this site and what you know and they should be doing. They always come out with the same old crap in how they members of some government organisation.