MBNA No CCA, Gimme my interest :)

[wednesday1867]

Well, ive managed to reclaim my charges

 

When i asked for a copy of my agreement, MBNA told me they dont have a copy and i have to go and ask someone else, told them i dont, they need to go and find it. Now its been a month or two and still nothing as turned up. So no agreement as far as im concerned.

 

Im in the process of reclaiming the PPI as no agreement so no proof if i agreed to it or not, pre lim already sent.

 

Up until recently, i was mixed up regarding interest and the reclaimation of it, with the info in this thread http://www.consumeractiongroup.co.uk/forum/general/101712-mbna-admitted-no-cca.html thanks goes to standing and dave for showing me the light.

 

I was in 2 minds regarding reclaiming the interest that i paid on this account as well as everything else, obviously im not guarnteed to be succesful in the PPI claim but fingers crossed

 

Then i thought, in for a penny in for a pound, maybe MBNA will look after paperwork a bit more now and in my hour of need as well as sticking the knife in, they were to busy twisting it to help me out, so MBNA this is me twisting the knife back

 

So today i sent them a letter similar to the one on the afore mentioned thread, ill post it when i dont wanna go to bed it was telling them my position on the situation and what i intend to do, if they dont refund the interest paid on my account, going back to 2001.

 

They have 14 days to respond, ill keep it updated as we go along.

 

 

[standingupformyself]

Good luck Wednesday, this one is gonna be interesting x

[Josie8]

Good luck Wednesday. Don't forget Wilson v secretary of state ruled that although the creditor can't enforce an agreement without a cca the debtor can. Therefore you have the luxury of saying you missold me ppi gimme it back & no agreement gimme my interest back lol!

 

When you say mbna told you to ask someone else for your cca was it originally with another bank & then transferred to mbna?

[Goldlady]

Best of luck Wednesday - will watch this with interest.

[davefirewalker]

yup .....i'm here too

 

Dave

[wednesday1867]

Thanks for loking in everyone

 

Hope help and guidance comes as well as interest cos i'll need it :grin:

 

Josie I signed up to MBNA originally or so I thought it wasn't til they responded to my CCA request annd told me it was originally with HBOS who I gather to be Halifax? The reply I received is on my charges thread can't link ya to it cos I'm on my phone

 

Can't keep away.............:grin:

[pennypenny]

Good luck Wednesday,

 

I have just sent a CCA request to MBNA, so I'll be watching your thread with interest to see how it goes.

 

Penny.

[wednesday1867]

As i posted earlier today, this is what i received to my initial CCA request

 

I refer to your recent letter received 01st May 2007. Unfortunately we are unable to obtain a copy of your original application.

 

MBNA now administer your account however, your original application was made to HBOS, you will need to contact them to obtain this information

 

I wrote back saying it was MBNA's responsibility to provide the agreement, they haven't yet.

 

This is the letter i sent to MBNA yesterday

 

You have admitted in your letter dated 08th May 2007 that you cannot supply a regulated agreement that documents our alleged contract. Therefore no contract exists or has ever existed.

 

Therefore you have never had my permission to lawfully process my data, and to pass that data onto third parties. You do not have my permission to start to process any new data and any data already passed onto third parties must be withdrawn and destroyed.

 

As no contract exists you have had no right to charge interest on any money lent. I now realise I have being paying you interest when I shouldn’t of been.

 

I am sure that I do not need to point out to you, that without a true, executed copy of my Consumer Credit Agreement I am now unable to ascertain any of the terms and conditions that constitute our alleged contract.

 

Therefore I require repayment of all such interest taken from XX XX XX to XX XX XX. I also seek statutory interest at 8% from the date of each charge.

This totals to £X,XXX.XX+ £XXX (interest at 8% to today’s date, which is 10th July 2007) Total amount to date is £X,XXX.XX

Please forward payment by return by cheque.

 

I expect to receive a positive response to this letter within the next fourteen days. In the event of either no response or a negative response I put you on notice that I will file a claim in the county court for non compliance with the consumer credit act, and I that I will at the same time ask the court to make a declaration that the alleged agreement between us is void. I will also ask the judge to order the return of all monies I have paid to the account.

 

Am i right legally? Do i have a good chance of winning this? Its just ive got HSBC going into criminal default on the managed loan i had with them, stopped payment already and criminal default is 25 July, would i be able to do the same with them?

[standingupformyself]

I hope so Wednesday x

[rory32]

Am i right legally? Do i have a good chance of winning this?

IMO No you do not have a chance of winning this.

[standingupformyself]

Can you explain further Rory please?

[Josie8]

You have admitted in your letter dated 08th May 2007 that you cannot supply a regulated agreement that documents our alleged contract. Therefore no contract exists or has ever existed. Correct

 

Therefore you have never had my permission to lawfully process my data, and to pass that data onto third parties. You do not have my permission to start to process any new data and any data already passed onto third parties must be withdrawn and destroyed. Correct - thopugh will probably need a court order stating agreement unenforceable to force CRA's to act

 

As no contract exists you have had no right to charge interest on any money lent. I now realise I have being paying you interest when I shouldn’t of been. Correct in that there is nothing to show what interest if any you agreed to pay in return for the monetary advance.

 

I am sure that I do not need to point out to you, that without a true, executed copy of my Consumer Credit Agreement I am now unable to ascertain any of the terms and conditions that constitute our alleged contract. Correct

 

Therefore I require repayment of all such interest taken from XX XX XX to XX XX XX. I also seek statutory interest at 8% from the date of each charge.

This totals to £X,XXX.XX+ £XXX (interest at 8% to today’s date, which is 10th July 2007) Total amount to date is £X,XXX.XX

Please forward payment by return by cheque.

 

I expect to receive a positive response to this letter within the next fourteen days. In the event of either no response or a negative response I put you on notice that I will file a claim in the county court for non compliance with the consumer credit act, and I that I will at the same time ask the court to make a declaration that the alleged agreement between us is void. I will also ask the judge to order the return of all monies I have paid to the account.

Am i right legally? Do i have a good chance of winning this? Its just ive got HSBC going into criminal default on the managed loan i had with them, stopped payment already and criminal default is 25 July, would i be able to do the same with them?

This is new ground because Wilson v Sec of State did not deal with the issue of repaying money 'voluntarily' handed over. You could tailor the argument to request a) all monies repaid to account and alternatively (bearing in mind that the courts like equity)

b) all monies in excess of original monetary advance repaid.

You will have to be prepared to consider an appeal in the event the county court judge finds against you - but I've been through similar (though not this type of claim) and won at Royal Courts with a Senior Judge.

There are several of us I think considering taking this stance and it will probably be advantageous if we all collaborate.

[wednesday1867]

Well im not too bothered about going after everything ive paid them, but would be happy just going after the interest.

 

I was just having doubts, cos im not very good when it comes to legal stuff

 

Ive also been reading other threads and its a case of maybe, maybe not, guess time will tell.

 

Lets see what MBNA come back with

[standingupformyself]

I too am having doubts Wednesday,,, I have been in contact with someone who initially suggested that I claim back the interest, but she has not posted for about a week, so maybe she is on holiday.......

I don't regret sending the letter and am very very grateful for the help and encouragement from yourself, Josie and Davefirewalker.

Am not ready to give up quite yet, maybe a good trawl through the CCA forums to post some questions on there could be an idea?

 

Onward and upward..... no-one said that this would be easy.

[wednesday1867]

Dont know if doubt was the right word, i just read other threads and was wondering.

 

I know it wont be easy, guess we will see what happens

[Josie8]

Dont know if doubt was the right word, i just read other threads and was wondering.

 

I know it wont be easy, guess we will see what happens

 

 

It never is easy when you're the first of many..........breaking new ground but just look at Wilson and the effect she's had on CCA law!

[wednesday1867]

It never is easy when you're the first of many..........breaking new ground but just look at Wilson and the effect she's had on CCA law!

 

 

Well the trouble im having with my local court over my charges with HSBC, means if and when this gets to court, it will probably be middle of next year

 

I hear somoene on the south coast is also going thro this and their court may not be as busy as mine, so i may not be the first :cool:

 

By the way hows things in the south Standing? :D

[Hopeful1]

Hey Wednesday. Sorry i can only add support not useful info. If i come across anything that will help, i'll post it up for you.

 

This is going to be an interesting journey

[standingupformyself]

Well the trouble im having with my local court over my charges with HSBC, means if and when this gets to court, it will probably be middle of next year

 

I hear somoene on the south coast is also going thro this and their court may not be as busy as mine, so i may not be the first :cool:

 

By the way hows things in the south Standing? :D

 

Just moving to up North actually! The things I do not to be the first!!!!!!

[davefirewalker]

I may well be in front of both of you

 

 

Dave

[standingupformyself]

bless you Dave x

[wednesday1867]

Top man Dave, you lead the way ill just scurry along in the background hehe. I may need some advice of yourself and Josie and anyone else later today if you don't mind regarding my managed loan thread, seems weve reached a mexican stand off ill post more when I get home.

 

Standing the North is great sun shines longer skies are bluer and the grass is greener :grin:

[joesoap]

Top man Dave, you lead the way ill just scurry along in the background hehe. I may need some advice of yourself and Josie and anyone else later today if you don't mind regarding my managed loan thread, seems weve reached a mexican stand off ill post more when I get home.

 

Standing the North is great sun shines longer skies are bluer and the grass is greener :grin:

 

And the beaches are sand, not pebbles!

[standingupformyself]

ok ok you two, enough is enough... I am a very soft southerner, and happy with it!!!

 

As for the pebbles.... don't start me off...

 

I was born in bred in South Devon, where the beaches are all beautiful, golden sands, red cliffes, absolutely stunning, nowhere like it... A few years back I moved to the central south coast.... I don't like it as much as Devon, obviously, but at least the clutch on my car lasts longer, and I passed my driving test without having to do a hill start!!!

[wednesday1867]

Haven't ya seen Emmerdale Standing, tis gorgeous up here