No Davey, this is not a true copy of the executed agreement, merely an application form. I would wait until the 12 + 30 is up and then issue a default notice to them. Regarding MBNA and Mint. What has Mint actually provided? Could we see it? Have MBNA provided any sort of agreement or application? I would write to MBNA and tell them you are doing nothing until they produce a true copy of your executed agreement. Regards, Corn x:)

LOFL!! I would have said "yes, leaflet, thanks, toilet paper/blowing nose paper, whatever comes first! :o:D:D:D:D

Kay, hi, welcome to the MBNA'ers forum! You need to go to Vampiress's spreadsheets and pick out the contractual one. Put in the the interest rate on your LATEST statement for example : 1.7% and times it by 12, or whatever it is. If you get stuck with this shout back. Don't average it, take it from your latest statement. They love to use the practice of "ramping" and if you have missed a payment or whatever, they will increase the rate without any notice so do take good care to check your statements. Good luck and keep us posted! Regards, Corn x:)

NO NO NO NO NO NO NO!!! Is that clear enough?? LOL! No, absolutely not. You are obviously not aware of MBNA's bloody pain in the butt way of dealing with an S.A.R - (Subject Access Request). They will have missed off loads of info. This is what you do : Write back. Confirm payment (as they have not returned it). Why have they not complied with your SAR when you plainly asked for an SAR. Enclose ID - v. important - anything like driver's licenc or utility bill. Do not go to LBA before you have seen what is in your SAR because they make it up as they go along. Believe me and all other MBNA'ers when I say I know I am right and sorry for sounding stroppy, am not, have had a few Pinot's and the more I see this sort of crap from them, the more cross I get:mad: Good luck, keep us posted and we'll all help if you get unstuck! Regards, Corn x:)

Hello everybody, although I am subscribed, I am a watcher. I would just like to add that I complained to the Law Society about the conduct of a huge law firm (that I have to deal with through my work as an entirely separate entity) in relation to a debt. They were, frankly, rubbish. It was along the lines of "whilst the conduct of so and so may not be to everybody's taste, they have not breached the law society code". Oh well, that's OK then. I won't even go into how badly they have behaved because it would bore you all and you've all been there, but the Law Society, in my opinion, are impotent in such situations.

YAY!! Well done!!! Congrats! I hope you will spend it on something lovely for yourself! And there was me thinking I was being an irresponsible firebrand! Game, set, match! Regards, Corn x:)

Morning A, thanks for that! It is painful, you're not kidding! I have today written to Goldfish to remind them of their obligations under the Act, will see what comes back next. At the moment, the account is up to date, however, the balance is reasonably large so we'll see what happens........... Good luck with yours!:grin:

Hi Cathycathy, yes please do PM me and I'll see what I can do. Regards, Corn :)x

If the agreement is unenforceable then jugular it is!

Hello all, I am subscribing as I am also have a CCA problem with Goldfish at the moment. Addabet, is there any update on your situation? Goldfish have in fact sent me the same document, a brand new one with an April 2007 date on it and with my current address (I wasn't married and was living at home in c. 92') when the account was opened, it also has the current apr's, current charge levels and the cancellation box, no room for signatures by either the debtor or the creditor (although I realise they are allowed to omit these). However, they have today, surpassed themselves. I could barely get in the front door when I got home from work. They have sent me 61 (SIXTY ONE!):o further copies of this "agreement" in separate envelopes, all dated 23 April 2007 and all numbered sequentially. Obviously, it doesn't matter if they sent me one or sixty one, it sure isn't a true copy of the executed agreement!!!:grin:

Welcome to the club DJ! How exciting! :grin:

Well I thought it was time I updated my thread, had some hilarity with Goldfish today! I put in a CCA request for a true copy of my executed agreement. What I actually received was a document assembled via constructive conjecture. It has actually got my current address on it, current rates, current charges and is dated 17 April 2007. Obviously this cannot be a true copy of my executed agreement from 1992. However, today as I wondered if somebody had died behind my front door as I couldn't actually get in it...............I finally broke through and found : 61 (YES SIXTY ONE) separate copies of the same "agreement" all in separate envelopes and all dated 23 April 2007. Good GOD, what a waste of a rainforest! Anybody else had the reconstruction thing with agreements?

Hi Santos! How ODD, but surely for them to be able to have a true executed agreement, they can't just send it to you and say "this is it", surely they would need signatures from both parties! Well that's how I seee it. As they say, nothing in life is free, so expect to be paying for their generosity in the form of an annual fee, increased interest rates, etc etc! Also, it will no doubt be so full of get out clauses that if you get so much as a zit on your chin, that will be enough to strike out your claim! I didn't realise I was such a cynical so and so!:grin:

Hi Dave & Lisa, This is in fact correct, if you did not contest the CCJ or defend, you won't be able to do anything about that now. Did you/your partner actually admit the debt? I wonder if it might be possible have the CCJ set aside on the basis that you were not in possession of all the information. This did not work for TheresHope, but I do think it is worth looking into, different Court, different Judge, different day....if you get my drift.......

It's hilarious isn't it?! From what I can see, they are all differently numbered (ie : the actual stationery is numbered and is nice and crisp and fresh). This account was opened in around 92'. It cannot be valid because I didn't live at this address then (and each have my current address on), they are all dated the 23rd of April 2007 (the one they sent me last week was dated 17 April 2007). It has the current rate of interest, the current rate of charges (ie : £12.00, up to September though they were charging £20.00) and there are no signature boxes, or room for them, no signatures from either party and only a cancellation box. Another case of "here's one I made earlier".....or 61 as the case may be!!!:grin: They've been watching too much Blue Peter!!! I wonder if I will get 61 responses to my letter back to them!!! That is a valid point Pers, what is a quid divided by 61 - what a BARGAIN!!!! LOL!!!

I have to say djdave, that I would win that one hands down - you'll have to take my word on it though! I mentioned earlier in the thread my Goldfish agreement, another case of reconstructed conjecture! However, they have surpassed themselves today! They sent me this document a few days ago. Today, I was struggling to get into the front door when I got home from work. Well, you couldn't have made it up. They have sent me SIXTY ONE of the same agreement in 61 separate envelopes with 61 information leaflets. The poor postman must have wondered what was going on! I must be a VERY lucky girl, that Goldfish have got 61 copies of my "true executed agreement"!! LOL!!

Hi Stan, thanks for that, I think that will come as a relief to a lot of us (but not poor Hope:( ). It is clear that the reason this happened to her is because she did not defend the CCJ and that would have been the appropriate time to bring up the lack of agreement/default etc etc. It's awful for her that she didn't know about all of this before. A lesson learned for all of us I think...............

Hi Thereshope, I have replied to your PM! I just want to add to everybody else's thoughts and say that I am so sorry this has happened to you. I tend to agree with Rhia and others that this situation has probably come about because you made a previous admission of debt - I would have done the same in your situation if I had not known about CAG, how could you have known? You did what you could. At the end of the day, if you're not selling your house, they can't do anything anyway, it seems ridiculous to me. I am so sorry! Regards, Corn x:)

I have seen the e-mail version, it is absolutely shocking, almost like a small child being admonished! I agree with your quote ODC! Another useful piece of information to add to the files!

Jesus! You've been busy!! £20K!!! Result! £1,200 in Norway for "dole", good GOD!!!! Sorry, useless post, but had to comment!!!!

Well done N, far better than my post!!! xxx:)

Fred, you need to ask them to provide you with a "true copy of the executed agreement", this letter is in the templates library, Letter N. They have 12 days to produce, after which they are in default. If they do not provide it after 30 days, they have committed an offence and it will be difficult for them to enforce the debt. It is important that you do not misconstrue an agreement for the application form that they will most likely send. It depends on the age of your debt. I would not have a problem with going for charges, despite the arrangement you have, it will only reduce the debt which is good for you obviously! So my advice is to go for it. There are plenty on here who are on DMP's who have reclaimed charges so get going as and when you have the funds! Get your SAR out a.s.a.p. and don't forget contractual interest - it makes all the difference. Have you started a thread? If not, do so, as we can all help with your specific case! Hope this helps! Regards, Corn x:)

Hi Big Al, MBNA are in an almighty mess at the moment, you need to expect further delay in that they will come back and ask for ID (if you did not supply this), however, it is vital that you stick to your 40 days and not theirs. If they don't comply within YOUR timescale, you need to file and N1 on MCOL. Keep us posted......... Regards, Corn x:)

Dave, I had noticed that you had made progress on the CCA thread(s), what have you to lose? If you can get them on a technicality then go for it! Shame they are not more vigilant of their own paperwork! Hugs from me!! Corn x:)

Tide, I agree with you, but the fact is that there are many who will agree with what is put in front of them. Only today I had contact with somebody who was adamant that their provider had given them a true copy of the agreement, absolutely adamant, turned out to be an application. The problem is that we are so used to accepting what the "authorities" say to us that when they say jump, we ask "how high" and to be honest, if you haven't got the wherewithal to question things (and many haven't, either through fear or ignorance) you are in for the high jump! I guess what I am trying to say is that I wish the media would report issues correctly, especially in this instance as that one lazy quote in the Daily Mail would have saved the banks millions!!! Regards, Corn x:)