are there any template letters for banks who increase intrest on CC's unfairly/

i.e i have a card that when opened was at 15.9% now 24.9%??????

cheers....

The first two documents you have put up look suspiciously like microfiche copies, therefore I would tend to think they will not have the original. They are very poor copies and to be enforceable, they must be completely legible and in their original state.

I have edited the identifiable bits out, but im sure they have the original as it had shade marks around the edges from where it was photocopied. just my opinion....! im sure that these application forms have 3 sections.

MBNA Wasting my life away!!! Taken 4 months approx to get that application form from them...ohwell.....lets just wait and see what happens.

Will keep you updated and thanks for your support Clemma.

Hi clemma thanks for your response.

The document that they sent in response to my request is the application form that i filled out. It does seem to have some of the required terms but its hard to read in places. sorry for all the questions but i thought that application forms are CCAs as long as they contain the relevant t&Cs.?

How can i be sure that the copy of the document they sent me is unenfocable/? In my opinion it in unenforcable as it has no mention of the PPI that was taken out.,...but im sure thats not the only reason.

Links below are to the original letter i recieved with |CC when account was first opened

the Interest rate looks wrong to me. my credit limit was £2000 they show examples for £1000,£3000 or £5000.!??

front

not quite sure what's the next step....the CCA they sent me obviously does not contain (or at least not visibly from the photocopy,) all the predescibed T&cs.

Should i complain to the FSO or just wait for them to make the next move?

i have also found all my all statments and letters from when the account was opened. Ie the letter the CC came stuck to and a seperate letter about Protection payments. Will these be of much use??? Ie multiple agreement requirements!

i can upload the CC letter (it has the T&C's .)

Any opinions on the following agreement much appriciated.

MBNA sent me a the following CCA it was photocopied on a single sheet of A4 paper front and back.

they say that all the predescribes terms are there even if it is "slightly" illegable in parts!??

Hi

 

Are there any one off fees involved in the bottom three transactions? This would effect the APR.

Was the orriginal cancellable? It depends when it was taken out and under what circumstanses, ie on line or in a bank. we really would need to see a copy.

 

Peter

hi Peter,

Thank you for your reply, i really should put more detail in ,sorry.

i have my own thread but it has been attracting little attention.

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/186544-cca-advice-no-reply-2.html

I dont currently have a scanner, but i am going to buy one today.

BTW! I have found the original letters sent when the account was opened. i.e the one that the CC comes with and it seems a seperate letter regarding Payment protection that a had been taken out. I will scan both documents in ASAP, as the first one seems to be the Credit agreement.

thanks CitizenB,

will upload tonight....

Hi all, need a little help with the enforcability of a MBNA agreement. they have reply with a copy of the original but it does not contain documents mentioned within it I.e "right to cancel" and PPI . the PPI was taken out at the same time, im a little confused as the whether this needs to be in the original agreement.

also the section about APR looks wrong

Purchases APR 15.9% - Monthly 1.2408%

balance transfers APR 18.3% - Monthly 1.2408%

Cheques APR 18.3% - Monthly 1.2408%

Cash APR 18.3% - Monthly 1.2408%

How can the monthly rate be the same for two different rates (i.e 15.9% & 18.3%) think i might be having a blonde moment>?

any help much appriciated!

Hi. all

MBNA have just sent me a copy of an agreement, it is a copy of the original however it is has been photo copied onto an a4 sheet back and front. the copy is unreadable in parts but this is probably down to the photocopier. (btw its one of the lick this edge and post pack applications) the cancelation section statates that a copy of of details on how to cancel will be sent in the post. this was not included with the agreement and i dont think it was sent at the time the account was opened.

Also i need advice with PPI, this was taken out at the time of account opening but nothing about this is in the agreement>?

Thanks in advance for all you help and comments.

Clarifiation needed.. i'm just a little confussed as to whether a creditor in response to a S78 request can just send me current T&Cs. (they are headed Credit agreement regulated by 1974 cca bla bla bla.) does this comply.?

Thankyou in advance.

i was just wondering where within sect. 189 it descrbes terms ...

"under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents"

Hello Clemma,

Thanks for the quick reply....seems like your always on hand to give advice;) thought the same thing regarding that sentence btw.

Im guessing they dont have one but would rather not just sit and wait till they apply defaults, which im sure will have a massive effect on my credit rating and then eventually selling the dept to some useless DCA months down the line. this will no doubt cause alot more hassle.

well after many days and many weeks ..finally a reply...but,

what does it all mean>!/!?

it basicly states the following.

"in accordnce with s 78 of the consumer credit act 1974, we enc a copy of the credit card agreement (original and current) inc T&Cs.

I can confirm that a copy of the original credit agreement has been requested for you and should we be able to provide you with a copy, we fill post it to you.

it then goes on to say...

"It may be helpful to explain that we are not required to serve a copy of the credit agreement which includes signatures, as the law expressly permits lenders to omit signatures from copies of all credit agreements.”

all that was enclosed current t&cs

Send them this letter:

thank you once again Clemma!

Hi got a reply from Natwest. They just sent me a copy of my original application. nothing else. my address was hand written onto the envelope. looks like a school kid wrote it? weird.

anyway what on earth do i do with it...obviously this does no comply with the S/78, what next ...any thoughts?

Many thanks for the advie CitizenB,

Also thank you for clarifying the previous posts. All opinions are very helpful to me.

Hi User2006,

 

creds are not supposed to do any of the things you mentioned whilst an account is disputed, but they frequently do.

 

MBNA's modus operandi seems to be that they sell the debt on or proceed to court after 7 missed payments.

 

I notice you joined in 2006 and had a thread on MBNA - how have you got on in the past 3 years?

Thanks for your quick response UD13.

Yeah i have sent a request for a CCA a few months ago...still waiting. as of yet i haven't recieved a thing.

i'm was just wondering how you've got on with your case. i don't want defauts on my account/ credit rating so i was just wondering what your course of action was and where you see this heading.

How easy is it to get data removed if they do record it on the account ect.

surly if they haven't provided a CCA and then proceed to court after 7 months they haven't got a leg to stand on. (so to speak)

I signed up for an account on recommendation from a user on HotUKdeals website, i managed to get back all charges from RBS 'unfair charges' a few years ago.

Soz for all the questions,

Hello Underdog,

I was just wondering how far you have got with this since December.

Did you stop making payments? I thought if an account is in despute the OC can not demand payments, process any data or sell the dept.

Any info much apriciated..

Hi user2006, your Virgin card is run by MBNA therefore you send all communication to MBNA. If you need any specific help, you should start you own thread where you'll get more help and your questions won't get drowned in this general-ranting-thread! ;-)

 

Good luck

FBR

Thanks for the quick response! +

Hi all, just a quick question... Are your accounts with MBNA directly or through 3rd party i.e Virgin CC. The reason i'm asking is becouse i have a CC with virgin but have sent a couple of letters directly to MBNA over a month ago.

Should i have sent them to Virgin originally?

Sorry for H-jacking this thread.

cheers

Evening all...

Found out on friday that Natwest are charging me 29% interest on my NW CC. Are they allowed to do this>? The APR was 15.9% when i signed up 4 years ago....apparently they would have sent a notice of change through the post.

Any advice/info appriciated....cheers.

Don't think they are going to respond to second letter either... Thanks again Clemma for clearing up the last 2 posts. Just to clarify If no response is recieved should i stop correspondence and payments until CCA produced?

Thank you for the quick reply Clemma,

this may be a very stupid question but i was just wondering, i have used this card in recent months but have stopped using it since sending the initial letter. does this affect anything?

I will send the original template letter as you stuggested tomorrow....

cheers.

Tanks for the template \Clemma,

i have gone over it a few times and i'm a little warry of sending such a forward letter. I doubt that they will acnowledge any of the requests made, especially the removal of all data etc.

iam going to send a edited version of the letter you posted. taking out the following 3 sections.

1) "I DO NOT ACKNOWLEDGE ANY DEBT"

2) "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.

3) 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."

I don't think anyone has had any success on thier second letters with this. please correct me if im wrong. I feel it's more appropriet to request all the above in the next letter, should they still not comply. this way if it goes to court, it will look alot more favourable for me as i'v been 'reasonable' in my actions.

anyway this is just my gut feeling. please do give me your opinion on this anyone..

cheers guys:)

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