Thread: Dreamer vs MBNA

Hi all

I CCA'd MBNA 19th May. They have not responded yet but have cashed my £1.00 payment! Am I right in thinking that they have until the 9th June to respond and failure to do so means I can notify them that the account is in dispute and future payments will be witheld?

Thank you

Thank you - will get onto it

Hi people,

MBNA have failed to respond to me and it is now over 30 days.

I have sent the notification that I have cancelled payments as the account is in dispute.

I think there is a further template to send for after the 30 days isn't there? Also, should I be writing to the OFT to report them? and if so do we have a standard template for that?

They are very rude aren't they! I'll bet as soon as my payment doesn't go through they'll be quick to respond!!!!

Anyone?

Thank you

This was what I sent after the 12 + 2 days...
Dear Sir/Madam,

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

To date you have failed to comply with these requests in any way.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974. 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 you enter into a default situation.

These limits have expired.

As you are no doubt aware section the Consumer Credit Act 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.

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

Furthermore I shall counter-claim 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, your further non-compliance will result in complaints being forwarded to the relevant statutory bodies.

Pleas supply me with a copy of your complaints procedure in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.


What do I do next??????

Thank you

hi there - can anyone advise me on this please?

Thanks DG!

Will sit tight for a while then. Sent original request 19th May. Then in dispute letter 12th June by recorded - not checked if recieved though....

Hi all

I assume typical of MBNA but i've had no respnse to cca in more than 30 days, despite them having cashed my £1!! Now had letter from RMA chasing debt and £12 late fee added!!!!!

Please advise of my next best course of action.

Thank you

Hi Dreamer, like you just received a leter from RMA and still awaiting their response to my CCA request. Newcomer to this site and its just great having support when trying to take on the big boys

Hi Suzietay

Hopefully we'll get some advice.

I assume my next action is to write and acknowledge this.....

Anyone? I'm unsure how to proceed with this.

Thank you

Thank you DG.

I have wrote to RMA advising them of the dispute and also MBNA again re non-response, referral to RMA and late payment fee.

I have also wrote to the OFT and ICO as I feel this is unfair trading and a breach of DP.

I have provided MBNA with copies of the letters to the OFT and ICO and vice versa.

Will let you know how we get on. I just cannot believe that they can ignore such a request!!! How rude and to think of all the money they have had off me in the last 8 years or so!!!!!!!!!!

Still no credit agreement!

2 further letters from MBNA stating the arrears