CCA Request

[ellen12]

Hi everyone.

New on the forum but have been looking on the site for several weeks now. I decided about a month ago to CCA MBNA credit card. I have recently received a response after 2 weeks. It does not look like a proper agreement they have sent. It is a box with my signature and a few personal details. But it also says "To accept your additional card complete and sign the form below" Strangely I can't remember receiving an additional card! Hope someone can help. I am going to try to get this uploaded as soon as I can. Thanks for your help in advance.

[silverfox1961]

Personally I'd be sending them this
Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore


You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully


edit it to suit, do not sign it just print your name send recorded and don't forget to trace the letter.


fox

[ellen12]

Thanks for the reply Silverfox. I will do that this afternoon. I will get the form they sent me uploaded once I get my scanner working again. Sorry I forgot to mention it says Acceptance Form as the main title. I will try to get an image of this on.

[ellen12]

Hi everyone. I have a copy of the MBNA agreement. your opinions would be appreciated. Thanks.

[fedup74]

Hi Ellen,Is that it, no prescibed terms? Does it say on it "Please issue an MBNA card on there. The image is very blurry, but if this is all they have sent, that little box with your signature, it looks unenforceable to me (just my opinion) When did you apply for it?

[ellen12]

Hi fedup74 They sent this on an a4 sheet. it only takes up a small part of the sheet. on the back there are some T&C's but seem to be a very short version of them. I applied November '97. It says "To accept your additional card complete and sign the form below" which i did at the time.

[fedup74]

What are the charges on the back if you default on payment?

[ellen12]

THe main title is 'Financial and related conditions' these are numberred 1 - 12 Nothing about a default charge on this reverse side, but on another separate sheet the default charge is £12.

[fedup74]

Doh. The charges were only reduced to £12 recently previously they were £25. So they have sent you a copy of a current T&C which could apply to anything. Big mistake MBNA. Send the letter silverfox has posted, although they know this does not constitute an enforceable agreement, it won't stop them harassing you and threatening all sorts. Don't worry cos with an agreement like that, there is diddly squat they can do about it!! (IMHO) Good luck

[ellen12]

Thanks fedup appreciate your help. I will post the letter tomorrow.

[fedup74]

No probs. Good luck

[ellen12]

I have a clearer version of the MBNA 'agreement'

http://i419.photobucket.com/albums/p...4/lastscan.jpg

http://i419.photobucket.com/albums/p.../lastscan2.jpg

[silverfox1961]

What a bucket of bolts that is I can't see any mention of late payment charges. I saw the cash charges but that's it although at the bottom right hand side there is a date (10/97) so all you have is partial T&C's. In my totally uneducated opinion, a total waste of space

fox