Debt Collection Agency

CCA them then.

another little snippet in the post today. I got my new(i.e. replacement) Egg card - and it's not even on a CC mailer, just stuck to a letter basically saying here's your new card, don't forget about chip & pin, here's how you can transfer a balance and do you want an additional card. Now how can that POSSIBLY comply with 85??

Hmm, I think you should have claimed the contractual interest from day one - and as far as the 8% (statutory) interest goes that is at the discretion of the court - so A & L would have no obligation to pay this. If you went for the interest after a settlement I would think the courts would consider you a vexatious litigant and throw it out. That's what I THINK - but it's not necessarilly correct!!

You can take it in to your branch by hand & get a receipt - but for posting, it needs to go to Canada Square.

Right they're over the time frame. Come to think of it I don't think there is non-compliance letter for CCA's in the templates, there is for S.A.R - (Subject Access Request)'s - I may have been thinking of that. How did you pay? - if by cheque, has it been cashed? Did you just write to Amex or to the DCA as well? IMHO you should also CCA the DCA, poste haste, as Amex can come back and say they don't hold your agreement the DCA does. I woud also write back to Amex and say you haven't recived your CCA as requested, and where is it.

sorry to interject here, but this case has been pulled apart on this thread way, way back, (and on other threads), and we run the risk of being CAGbotted if we re-live it all over again!

you need to give them 12 working days (+2 for posting) then a further one calendar month - so what's your interpretation of "more than a month?"

Phew - please turn off your caps lock, and put some full stops in. Would like to have helped, but lost the plot about 5 lines in!

Send the non-compliance letter from the templates library and complain to TS etc. Are you sure the time-limit is up yet?

Do you have your copy of the agreement?

bach - I would fully support what ChloeJane has advised. Never rely on what you are told in a telephone conversation, when it comes to banks coupled with the legal system you must dot the "i's" and cross the "t's"

about as good as mine today with my favourite CCP, who told me they had complied with my CCA request...no you haven't......yes we have.......you haven't sent me a copy of the executed agreement under S78 of CCA....hold on I'll speak to my supervisor, yes we have, a credit card mailer satisfies the CCA......are you telling me that what you've sent me is a copy of one of my credit card mailers?.........Yes.

bump

hi minncey, it was with my "account manager" - I have the name.

Just a quick drop in to let you all know that MBNA sent me a copy of a credit card mailer in response to my CCA request, which according to the young lady I spoke to on the phone, satifies S78 of the CCA 1974. And it arrived only just short of two months after the initial 12+ 2 days. I told her they could not enforce agreement whilst in default, and read S78 to her and she kindly told me they hadn't "defaulted" me yet - I then had to explain that it was MBNA in default, not me, and also explain which party is the creditor and which the debtor. It wears you out sometimes, doing their jobs for them.

Just thought I would drop in here to let you all know that during a lengthy and slightly heated call with MBNA this morning, regarding the validity of the alleged "copy of executed agreement" (pertinent to my CCA request under S78 of CCA), after much blustering from their end, I was told that I had been sent a copy of a Credit Card Mailer, which, according to the young lady on the phone, satisfies S78. Well, well, does it indeed??

I have read and re-read your post and it all looks in order - but have to agree that a fair amount of time has passed since you received this - of course we all know that the courts are clogged up with these claims - and that may be the reason. IMO I'd give the bank a quick call just to make sure no post to you has gone missing, or anything like that.

to whoever sent you the offer and only to their solicitors if you have had contact with them. Then a copy of the letter in your court bundle - if it ever comes to that, which I doubt!

Did you send your first letter from the templates on this site? If so, you have given them 14 days to respond positively. They haven't. So IMO it's time to send the LBA. Don't lose sight of the fact that is YOUR claim, not theirs.

yes, all the time. Send a partial acceptance from the bank templates library.

You can add 8% statutory interest on at the court stage

on your agreement - there's what I think is a signature in the top left corner over the Thomas Cook logo. Now strangely enough, I received a cut & paste job from MBNA with no signature from them on it. However, they did also send a copy of their database records showing all my personal details, and on the top corner of this sheet, is the same sig. that's on the top of yours. So are they saying that's their sig. on your form? Because if it is, then it proves that they must have cut & pasted mine for their sig. to appear on a peronal details record. And where's your sig?

To my knowledge, nobody has taken any notice of the £12 OFT suggestion. Just claim back the whole lot. Bank charges are unlawful and until the law changes, they remain just that regardless of what OFT (the toothless dragon) says.

It depends what you are writing to them about really. If you are requesting CCA's then yes, definitely.