CCA? Recieved From MBNA

[sortingitout]

I sent a CCA to MBNA regarding two accounts, i had this sent to me the other day, with a hand written note saying..

 

"Copy as requested. Same application for both accounts supplied, thankyou"

Which can not be right, as i know i opened them in different years? are they trying to say this is the agreement for both my accounts? They also sent my cheque back.

 

 

Here is a link to a much bigger image of the scan, click to enlarge..

 

http://i172.photobucket.com/albums/w7/sortingitout_2007/cca-mbna1.jpg

 

On the reverse of the above, it is quite a large file..

 

http://i172.photobucket.com/albums/w7/sortingitout_2007/termsmbna.jpg

 

Thoughts / Opinions..

[sortingitout]

I have changed the links, imageshack appears to have gone down.

[linz2011]

I would have sent two letters one for each account

[sortingitout]

Thats what i was going to do, but i was told from here, just to do it in one letter.

[Guest Battleaxe]

It should been two requests as they are seperate accounts. MBNA are thumbing their nose at the SAR requests.

 

Send an SAR for the other account and insist that they treat it as an SAR under the DPA. template letter in Library. Make sure you impress on them that the clock starts ticking two days from the date of your letter and address the letter to Mr W.Wareing

Senior Legal Assistant

MBNA Bank Europe Lmited

Chester Business Park

Chester.

 

Make sure it is sent recorded delivery.

 

As they have returned the money on the first request resed the SAR and inform them that the ICO is being notified of the cavalier attitude they are adopting regarding your original request. Send this letter seperatley to to W Wareing and remind them that the clock is still ticking form the date of the first request and if the infomration is not received within the stipulated time you will be filing for non-compliance. Make sure this letter is also sent by recorded delivery

[sortingitout]

I have already SAR them, 29/01/07, i have now issued a court claim for non compliance, they have until 18th of this month to reply.

[Peterbard]

HI

I can see no prescribed terms on the agreement they should appear on the same block as the signature also did they send you a copy of the cancellation details mentined failure of either one of these renders the agreement unenforceable under section 127(3)(4)

 

Ther are a few templates on here if you cant find one pM me and i will send one to you

 

Regards

Peter

[Peterbard]

It should been two requests as they are seperate accounts. MBNA are thumbing their nose at the SAR requests.

 

Send an SAR for the other account and insist that they treat it as an SAR under the DPA. template letter in Library. Make sure you impress on them that the clock starts ticking two days from the date of your letter and address the letter to Mr W.Wareing

Senior Legal Assistant

MBNA Bank Europe Lmited

Chester Business Park

Chester.

 

Make sure it is sent recorded delivery.

 

As they have returned the money on the first request resed the SAR and inform them that the ICO is being notified of the cavalier attitude they are adopting regarding your original request. Send this letter seperatley to to W Wareing and remind them that the clock is still ticking form the date of the first request and if the infomration is not received within the stipulated time you will be filing for non-compliance. Make sure this letter is also sent by recorded delivery

Hi

 

I am confused you have sent an SAR? I thought you were requesting a cca 1974 .

 

Peter

 

Petr

[sortingitout]

HI

I can see no prescribed terms on the agreement they should appear on the same block as the signature

 

This was printed on the back>

http://i172.photobucket.com/albums/w7/sortingitout_2007/termsmbna.jpg

 

.did they send you a copy of the cancellation details mentined failure of either one of these renders the agreement unenforceable under section 127(3)(4)

 

Nothing else was sent, apart from the above and a note + my cheque back.

 

Ther are a few templates on here if you cant find one pM me and i will send one to you

 

I would appreciate that, i am unsure to which template you refer to, thanks.

 

All i want MBNA to do is send all my statements, as said, i have issued a N1 for DPA non compliance, the charges they have put on the accounts would nearly clear them, i just want them to listen:evil:

[sortingitout]

Hi

 

I am confused you have sent an SAR? I thought you were requesting a cca 1974 .

 

Peter

 

Petr

 

Sent an SAR on the 29/01/07, sent a CCA on the 31/03/07, a few days ago, recieved what is in the first post.

[Peterbard]

HI can i ask

 

is the account now closed and when did you recieve your last statement.

 

PM Me if you like

 

Petr

[Peterbard]

HI Look here it has all the info and forms you need if you cant find something let me know

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-wha

Petr

[InKogneeToh]

HI

I can see no prescribed terms on the agreement they should appear on the same block as the signature also did they send you a copy of the cancellation details mentined failure of either one of these renders the agreement unenforceable under section 127(3)(4)

 

Ther are a few templates on here if you cant find one pM me and i will send one to you

 

Regards

Peter

 

Hi

 

Although the document is largely unreadable (and all copies must be readable) the reverse appears to contain information on credit limit etc. so all the prescribed terms could be there (on a readable version) in which case this would not be automatically unenforceable.

 

You should request a legible copy as required under the CCA regulations.

 

Regards, Pam

[sortingitout]

Whats to stop them adding the prescribed terms at a later date? It looks like they have just scaned them in on my copy, this could have been done at any time.

 

Also, how do i know which account number this CCA refers to, I have two and requested both in my inital CCA request, to this responce>

 

"Copy as requested. Same application for both accounts supplied, thankyou"

 

Should i resend the CCA, but send two copies, one for each account?

[InKogneeToh]

Hi

 

You should send a CCA request for each account. I presume they have been chasing you for payment, and if so their letters must have some sort of account refs or numbers on them to identify which accounts they are referring to. I would use these refs. in your requests and, unless you have already admitted the debt, don't forgot to write 'I do not acknowledge any debt to your company' on them.

 

Also say something like ' thank you very much for sending a copy of the application form. However, what you are obliged to send me is a true copy of the actual executed agreement document that relates to each (alleged) account, in a fully legible format and containing all required information and statutory statements of my rights'.

 

Regards, Pam

[Peterbard]

Hi

 

The prescribed terms as i said earlier should be in the same block as the Signature box if they are on the reverse then in this respect the agreement would only be enforceable with a court order.

You should have recieved a copy of the cancellation docs mentioned in the sig box also.

 

As mentioned earlier failure to supply these on the orriginal application would have rendered the applicstion unenforceable and by not providing them they have not complied with the 77 request.

 

I think that they are under the impression that the document is an agreement and an application as it seems it can be both it is just incorrectly fomated and they have not sent the full documentation required under the cca

 

Best

Regards

Peter

 

 

Regards

 

Peter

[Peterbard]

HI

 

Another thought i would concentrate on recvering yur bank charges before diputing the validity of the account. They may saay how can we have awarde unjust penalties on an account that doesn't exist.I am not 100% sure on this but it seems logical to me and you can always question the validity of the accout later. Meanwhile leave them in default they cannot chase you for payment and thery cannot add interest to your account, in fact you can use their protestations that you have an account to your advantage.

 

Best regards

 

Petr

[sortingitout]

Thanks both for the help. I took your advice Kognee, today i sent off too seperate CCA requests.

 

And Peter, thanks, interesting reading, a great help, i said thankyou to MBNA for the application they sent me, lets see what they send me next.

 

EDIT: I have issued a N1 for non complience , so hopefully i will force the statements out of them.

[MCPR82]

Hi

 

You should send a CCA request for each account. I presume they have been chasing you for payment, and if so their letters must have some sort of account refs or numbers on them to identify which accounts they are referring to. I would use these refs. in your requests and, unless you have already admitted the debt, don't forgot to write 'I do not acknowledge any debt to your company' on them.

 

Also say something like ' thank you very much for sending a copy of the application form. However, what you are obliged to send me is a true copy of the actual executed agreement document that relates to each (alleged) account, in a fully legible format and containing all required information and statutory statements of my rights'.

 

Regards, Pam

 

Can I jump into this and ask, if, in my case, I need to send two seperate CCA letters to NatWest - as I have 2 credit card accounts (Gold and ordinary mastercard) with them. I was planning to send one letter - detailing both accounts (and enclosing two £1 postal orders).

 

Can I also be cheeky and ask why it is important to include "'I do not acknowledge any debt to your company". In my case - I have missed a number of payments and they seem unwilling to listen to any request to establish a DMP - I was going to take them to task on their failure to respond to my five letters and CCA them at the same time. Is this wise ?

 

Thanks All !!

[sortingitout]

Can I jump into this and ask, if, in my case, I need to send two seperate CCA letters to NatWest - as I have 2 credit card accounts (Gold and ordinary mastercard) with them. I was planning to send one letter - detailing both accounts (and enclosing two £1 postal orders).

 

Same case with me, two accounts, i sent one letter - detailing both accounts, but it seems to have confused matters somewhat i.e. not sure which account they are referring to and only sending one 'CCA'. Take the advice above and send two separate CCA requests

[InKogneeToh]

Hi

 

The prescribed terms as i said earlier should be in the same block as the Signature box if they are on the reverse then in this respect the agreement would only be enforceable with a court order.

You should have recieved a copy of the cancellation docs mentioned in the sig box also.

 

As mentioned earlier failure to supply these on the orriginal application would have rendered the applicstion unenforceable and by not providing them they have not complied with the 77 request.

 

I think that they are under the impression that the document is an agreement and an application as it seems it can be both it is just incorrectly fomated and they have not sent the full documentation required under the cca

 

Best

Regards

Peter

 

 

Regards

 

Peter

 

Hi

 

Althought the amended CCA now states that the signature must be below the 'blocks' containing 'key financial information' etc, the original requirements (for agreements made prior to amendments) is only that the signature must be on the same document as the prescribed terms etc., not that it must be on the same side:

 

Signatures

 

All agreements are to be signed by both customer and trader or their representatives and the date of signature entered. The customer’s signature must be inside a box. This box can be of any size and appear anywhere in the document, but the wording inside it must be easily legible and follow that for the appropriate type of agreement as set out in Appendix 2 on pages 39–41.

 

Also, the cancellation notices etc. would have been printed in the 2nd copy of the agreement sent within 7 days of signature. As this is a copy of the agreement it does not come within the 'any other document' part of a s77/78 request.

 

Regards, Pam

[Peterbard]

Hi

 

Could you direct me to the source of he signature info as i cannot find it in my 1983 regs

 

Cancelation docs will be sent it says, it mentioned in the agreement so it should be sent with the rquest

 

 

Many thanks

Peter