Hi Ida Thanks for the support I was thinking along the lines of possibly doing a Subject action Request and then if thing get to "pre -court" andI have to produce my defense or Particulars of claim I would then do the CPR 31.16 ?? I hope I am not getting things mixed up as there is an awfully lot to take in! Thanks again Squidward

Thanks Ida Just recieved this letter from Monument Basically it states they feel they have complied my request under s78 of the CCA albeit with a unenforceable agreement. Letter Should I reply to them and explain why ? I was thinking of sending a slightly altered version of cerberusalert letter below ..... ACCOUNT IN DISPUTE I have received the documents you sent and in the accompanying letter you have confirmed this to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to a formal request under Section 78 (1) of the Consumer Credit Act 1974, this statement is now binding on you as per section 172 of the Act I must inform you that the information received does not meet the requirements of a properly executed credit agreement under the 1974 Act The document received does not contain any of the prescribed terms as set out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) Schedule 6 Column 2. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974The absence of a properly executed credit agreement prevents you from: Adding interest to the account Taking any enforcement action on the account Issuing any default notices or registering any default marker with a credit reference agency This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said: The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay. I would also point out that if you continue to pursue me for this debt while it is dispute you will be in breach of the OFT guidelines What I Require I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to trading standards I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 where the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for you to write the alleged debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages Yours Faithfully Am I on the right track here ? Thanks Squidward

Should I complain to the OFT ?

Hi Capricorn1601 Snap! Got a similar letter today apparently they've sent the account back to MBNA and said "I should telephone them If I need further information". It's MBNA's move next so lets see who gets it next ! BR Squidward

Hi And Welcome IF you can scan the agreement and post it up on here-some of the more experienced members will be along shortly and will give advice on whether it's unenforceable. BR Squidward I am not sure but did the Halifax Send a letter to say the Debt has been transfered or a DN ( Default Notice) ?

Hi All Today Monument have had there 21 days since I put the account in dispute. There have been some calls from there collections dept asking for payment last week - I kindly reminded her the account was in dispute and she said OK very politely and hung up the phone. Whats is my next move or do I now wait for them ? BR Squidward

Hi All Today MBNA have had there 21 days since I put the account in dispute, to which there has been no reply except the usual begging letters from RMA asking for payment which has also gone quiet. Whats is my next move do I complain to any of the financial bodies TS or is it just a case of sitting tight? BR Squidward

subbing Soon (I think) to join the club Squidward

Hi Subbing with interest have the same going on with monument Good luck Squidward P.S Rubber ear ?? what does that mean !

Hi Andreamour I'm not 100% sure but I thought they had to give you 14 clear days to remedy the default i.e something like default will be registered on **date** if you don't fulfill your obligations " not just " in the next few days" IMHO Scare tactics! Someone will be along with a lot more experience soon Squidward

That fits the bill - thats what I would do, have you checked your credit file to see if they've mark your account with missed payments ? Going by mine they don't notify the CRA's till the second missed payment unlike sharkleycard it registered that month Squidward

Perhaps we could go and shake charity boxes outside MBNA's offices and stick CAG stickers on their jackets

I'll be donating when I've got some cash !

err MBNA's ?

Fingers crossed - but I don't think they're going to go down without a fight unless someone there takes pity when they realize how much interest they've had from me !

Do you think so ? Could be no CCA or They're infernal mail is slow to non existent or MBNA being MBNA hoping I'll give in !! Lots of mail and call from RMA I get the feeling they dish the accounts out like toffees so they can hide behind these third party DCA's deliberately avoiding the issues in hand !!! IMHO Squidward

This is the address I've been sending my letters to :- Abbey Credit Card Services P.O. Box 1004 Chester Business Park Chester, CH4 9WW This was given to me by Abbey MBNA when I asked who to address the letter too I haven't been designated a letter writer yet just a bottomless draw in someones desk ! Squidward

You may fined that there could be a marker with the bank which will stop them from offering you anything - Squidward

Hi Shakti What address do you have to reply to - seems MBNA (Abbey) just seem to ignore anything I send them. Cheers Squidward

or you could try this YouTube - The Greatest Prank Call Ever Squidward

Hi All If a credit card account facilities have been withdrawn by the credit card issuer (MBNA) are they entitled to still charge interest on the account ? My MBNA was withdrawn from me over 2 years ago all payment have are been made by DD and upto date until I put the account in dispute in April. If so can I claim use this as part of a defense ? Thanks Squidward

Hi There I sent MBNA a CCA request on the 1st April - no response Put the account in dispute on the 22nd April (Allowing for easter break ) - no response Had RMA calling me 3 or more times a day told them accounts in dispute with MBNA they said it isn't Sent RMA a letter to say most definitely is showing my bemusement Sent telephone Harassment letter More Phone calls Ignored Sent RMA copies if CCA request and account in dispute with Postal order receipts and signed for at MBNA in Chester. Had more phone calls so today I answer all until the security questions and Then I confirmed all of the above to the person on phone I just got in before he hung up "perhaps you could send all this to MBNA as they seem to ignore my requests" phone went down. Hmmm I wonder if they call back ! Squidward Oh Consumer Direct etc have been informed of there non compliance of the oft guidelines.

Subbing I hope it's all going to plan PC - you're well supported on here! BR Squidward

Have sent RMA a telephone Harassment letter, In there letter they said MBNA have no record of the account being in dispute should I send them a copy of the letters delivery records and my £1.00 postal order or should I just let things filter through from RMA. Cheers Squidward Thanks for the Help so far

Hello All Well over the weekend I received these letters form monument and had a couple of telephone calls asking me to call them urgently. Account in dispute letter sent 27 April so still in 21 days What should I do next ? BR Squidward