Welcome to CAG, you’ll find yourself in good company here and will get lots of help. Everyone on here is, or has been, in debt. Are you being hassled by debt collectors?

Thanks Joemay and also Martin. Hi Shadow, thanks very much for your response. Sadly I think you are right about it being enforceable Link sent me a copy of the CCA but attached no terms and conditions whatsoever. MBNA (original creditor) sent me a copy of CCA and new terms and conditions in response to an SAR. They omitted NOD and Termination Notice though. I wrote back to both Link and MBNA requesting the omitted docs and giving them 21 days to reply. I heard from Link who are insistent they have fulfilled their obligations under s78 but have not heard from MBNA (who are well over the 21 days). As I’ve been unwell I haven’t gotten round to reporting them to the ICO yet but will have to get my act together soon and do so. I have been looking through MBNA’s SAR papers today and the PPI and others charges make up about £3k so I think I will definitely try and reclaim that and try to make a full and final to Link, hopefully that will get them off my back. No idea how I go about doing this though. I hope I’ve explained that alright, I’m not very good at getting things down clearly.

thanks Joemay. Anyone???

bump

thanks. Great news about Link - good luck with NW and Halifax. bump if anyone can help with above please

Hi Joemay, it was serious enough to put me out of action for quite a while and then I needed an operation, still getting over it. I do hope someone can help me soon, I really need to move forward on this, was just about to fill out the complaint to Information Commissioners when I came across what I mentioned above. How are you, I haven't had a chance to look at your thread - are they still leaving you alone? I do hope so.

Hello everyone, I’m back again after a spell of ill health. Unfortunately I haven’t been able to move anything forward on this and I’m beginning to worry. I have today been catching up with all of my paperwork again and realise that on re-reading things they really don’t stack up at all. In the MBNA CCA the terms and conditions within the agreement are completely different to the smaller print terms and conditions that MBNA also attached (these terms and conditions contain the cancellation rights). At the end of the online application form it says “sections 4-16 can be viewed by clicking the terms and conditions link at the top of this page”, and also under the PPI section it mentions “can be found at paragraphs 1-16 of this credit agreement”. I think they may have sent me the wrong terms and conditions entirely – does this make the agreement unenforceable because I cannot check the relevant paragraphs? Or should I bring this to their attention and ask them to send me the correct terms and conditions? I’m really so confused as to what to do and where I go from here. I would be really grateful if someone could please have a quick look again at the attachments that I’ve added at post #94 and see if they agree with my new thoughts. Sorry if its all getting a bit much going back and forth but I really haven’t been well at all. Thanks in advance folks.

Hi Scott, thanks for the reply. They’ve done this to me in the past as well, but would only refund one of the charges and gave me a good telling off to boot! I received a letter about the six days to get a/c back in order but can’t find it, I wanted to refer to it before calling them - didn't realise it started on the 3rd July though. I’ll give them a call and see if they’ll do it for me. Seems very unfair that they can take a whole week’s money in charges for only £3!!! I’ll update once I’ve called them. Thanks again. Massamum

hi all I wonder if anyone can offer some advice on this one please. My benefits failed to be paid in on time and as a result three token payments of £1 failed to go through. My bank (co-op) has charged me £19.50 apiece for this which is just ridiculous as the three of them add up to virtually my whole week's benefit payment meaning I will have nothing to live off when my benefits do go into the bank. Can anyone tell me if this is allowed please and if not how do I go about challenging it. Thanks a lot.

2Grumpy, what you say in post #6 makes such sense now, I didn't think of that, its all scary stuff! Sadly its too late now as I've already sent the letter off. Wish I'd had this info before. No Vint, I didn't keep a copy of the letter with the signature on, but I wish I had. I did cross it through with big crosses - hopefully they won't be able to do anything too sinister with that.

thanks for that Joemay, I will pass that info on to my sis. Its incredible how rude the guy on the phone was to her, talk about toys out the pram! So glad you haven't heard anything on your thread - long may it last I say! Nice feeling to be keeping them at bay.

will do, many thanks Angry Cat.

Thanks for that AC. I have never received papers relating to PPI, nor the cancellation rights docs. I will write to MBNA requesting these. Would this also be a good time to send the mis-sold PPI letter too or should I wait til I receive the other docs requested? Am getting a bit confused now!!!

At long last the docs have uploaded to photobucket. page 1 CCA page 2 CCA page 3 CCA page 4 CCA page 5 CCA page 1 t&cs page 2 t&cs page 3 t&cs page 4 t&cs Hope it works ok.

Thanks AC, I think I'll start with MBNA and if no luck I'll go after Link? Have just scanned the agreement onto my laptop, and as I've been checking it for personal details etc I came across something (well it jumped out at me to be honest). When I first received the doc I only checked the first five pages against the one on Steven4064's thread and as they were exactly the same I didn't question it. The terms and conditions looked pretty ok too. However, I've just really looked at the terms and conditions for the first time and there it was - under the section for "I wish to purchase payment protection cover" there is a reference to "the terms relating to the credit for the product(s) can be found at paragraphs 1-16 of this credit agreement. Also on the last page there is a paragraph that mentions "above are sections 1-3 of your terms and conditions ..... (i.e. sections 4-16 including definitions) ...." The strange this is, upon checking the terms and conditions there is no paragraph 16!!! Is this a good thing? I'm really really hoping (fingers crossed etc) that it is. Am in the process of transferring scanned docs onto photobucket shortly, but they take ages so please bear with me.

ok, just to clarify I am going to send a letter to Link telling them they haven't fulfilled my CCA request and asking them to provide all the documentation mentioned in Angry Cat's post. For the letter to MBNA I will edit Shakey's letter saying they haven't fulfilled my SAR request and mentioning the mis-sold PPI. Am I right in thinking I should pursue MBNA for the mis-sold PPI and not Link?

thanks for the link to Pompey faith's thread Joemay, I'll have to settle down to having a good read of it later.

thank you so much for all your responses. Shakey, am just trying to put a couple of letters together now based on your draft (thanks for that), and also including Angry Cat's references too. I may have to come back for a bit of clarification on a few things later if thats ok. Have had another look at Link's response and I they have in fact supplied a copy of the CCA, but none of the docs referred to in it so I'll be sending them a letter about that as well. Yep Joemay, just my luck eh. Mind you as it was online application I knew they would Never mind.

Hi all, MBNA have now responded to SAR and the CCA was in with that. Its an online application/agreement and is completely enforceable (going by steven4064’s guide), but they haven’t included any PPI papers. There is also a load of other stuff, most of which I can’t make head or tail of. MBNA haven’t included a copy of the default notice or termination notice in the SAR – should I write to them saying its incomplete? In one of the documents MBNA acknowledge having sold the debt to Link on 16 March (Link’s letter said date of sale was 20 March), bearing in mind MBNA’s date for remedy was 23 March, they sold it way, way too early. Link still haven’t come up with the CCA I requested of them and are now hassling me. Does the fact that MBNA have supplied CCA mean I have to acknowledge Link now or are Link still obliged to send me CCA? Link are asking me to complete an I&E form, offer of repayment and want my current phone numbers (as if!). So it seems they know MBNA have responded to the CCA request. My question is, where do I go from here please, bearing in mind the default notice may well be dodgy? Should I start making £1 token payments to Link? Do I need to fill in the I&E? Do I just wait for the court papers to arrive?

thanks for your response Joemay. My sis does have the old docs but over the phone the new insurer said they won't accept them for some reason. She's decided to just send them off and see how it goes. I don't see any reason why they shouldn't accept them. In any case I would've thought the old insurer would have to disclose them under data protection but who knows. Hope you're well. I keep meaning to have a look at your thread, have been really really busy of late though.

thanks for your responses folks. I sent a variation of that letter PGH as it was for an SAR. Just thought it would save time by adding a crossed signature too.

brill, that was what I was hoping. Pathetic reason was because they haven't got an up to date signature on file.

I received a reply to my SAR to Lloyds with a request for my signature. I've sent a copy back to them (crossed through) and was just wondering if they have to adhere to the 40 day limit from the date the original SAR was received, or from the date they receive my signature? Can anyone tell me please. Thanks.

bump

absolutely brill DD. Thank you very much for making that so much clearer, short, sweet and straight to the point - more impact than mine. Will be sending that off today. Will post back when reply received.