Me v MBNA

[french1980]

Hi All

I submitted a letter requesting my CCA from MBNA, they ahev not supplied my with this in the allcoated time, where do I go from here, is there another std letter that I can send them?

Thanks

[sunflower99]

Hi French!i symphasise with you as i am locked in battle with MBNA though last year in my case when i asked cca they did send me a repsonse within time,so i am not 100% sure how to go about that query and hope another Cagger will drop by to help but i would be inclined to write them a simple letter stating that you requested your credit card agreemnt on date--- and enclosed £1 postal order and state postal order number !and point out they have not reponded to CCA within 12+ 2 days and that if they dont repond within next seven days you reserve thee right to report them to bodies such as FOS TS and OFT ! Best not to sign anything just print your name,If they still dont respond then as you warned them if that were me i would contact one of those organisations i mentioned but as i not experienced that problem myself can only tell you what i would do and hope someone confirm this right!

[clemma]

You could send them this letter:

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT

ACCOUNT IN DISPUTE

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 is now in default as of **DATE**.(12+2 days after you sent the CCA request)

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 78(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 therefore request a copy of your official complaints procedure which you are obliged to supply.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.


Yours faithfully,

[sunflower99]

Good letter clemma fits the bill!

[french1980]

Hi Clemma

Thanks for the response, the letter is now in the post and will await with bated breath for the response!

Will keep you posted on the progress, thanks again!

[french1980]

Hello!

Again I have not received anything from MBNA regarding my CCA, can yopu advise what the next steps would be, oooh it's frustrating that they do not acknowlege letter?!

Thanks

[haggis1984]

Im in the same position as you but a bit further along. Check out my thread, hopefully be useful for you. Haggis v MBNA - Enforceable Agreement?

[french1980]

Hi All

I finally received some correspondance from MBNA , thus confirming that they can not locate my details to an account mmmmm! The account number that i supplied is the one that appears on my statements Has any one experienced this? if so please can you advise as my next steps would be writing to them and asking them to record this to credit reference agencies and remove my details from their systems.

Any help would be great!

Thanks

[sunflower99]

Sounds like good news French sounds like they cant find one and trying to fob you off! !They cant enforce agreement in court without any agreement! you could write back to them and tell them that! Not been down road of credit reference agencies yet so hopefully someone experienced in that will pop on to advise you.

[french1980]

Hey!

Can anyone else advise if this is a good way to procced.

Thanks