This week I am going to court to get "Direction" from the Judge. In brief I had a private bank account with RBS I wrote two cheques out and then stopped them because the money I was expecting to arrive in my account did not clear, and would of taken me way over my overdraft facility.

RBS paid the cheques, and I am unable to get my money back from the company they were paid to because they have gone out of business. RBS say that I never cancelled the cheques concerned. This put me thousands over my overdraft facility. (My experience in the past is that you go £50 over your overdraft and they will return payments and charge you for the privilege)

I asked for a copy of my current account agreement 3 times. 1st time in June last year, I wrote to the court saying I was unable to get legal council as there was no agreement (hence the "direction" this week)

RBS supplied me and the court this Thursday a photocopy of there standard terms and conditions and have asked that my defence be struck out, quoting various terms within the agreement.

So do they need to provide a signed copy of the current account agreement? What should I say to the judge on Thursday at the Direction meeting? Have RBS got a case?

Can you scan it and post it back here after removing identifying details?

the copy they have sent me is not a great copy - you cannot read the small print

I received in the post this morning (sent by Special Delivery) a copy of a signed agreement - however, it was the agreement that I signed with Beneficial Bank NOT MBNA. I have never signed one with the MBNA.

Where do I stand legally and what do I do now?

a prime example of why one should NEVER talk to anyone regarding monetary/debt issues on the phone.

 

demand everything in writing

 

dx

I have got everything in writing - as per the letters on this forum, but they keep calling and I keep telling them the same things. I only asked for help - not being made to feel like I have done something terrible

This has been going on now for approx 6 months - I have sent MBNA various letters (recommended on this site) asking for a copy of my signed agreement - nothing has materialised. They will not be able to provide one because I have never signed one - my agreement was with Beneficial Bank and MBNA took over. Anyway, I have spoken to them today (as they sent me a postcard telling me they were going to call me this week) - I have asked again for my agreement and I was advised that I needed to write in (enclosing a £1.00) - I explained that I have already done that back in May. Apparently, I had written to the wrong address!!! and it was my responsibility to phone MBNA to get the correct address!! I have also been advised that there will be a default placed on my account at the end of this month if I do not make a payment. They have also checked my other loans (apparently) as he tells me that I do not have any other defaults (can they legally do this?) and they cannot put a charge on a property as I don't own one!

He has given me the address to write to ask for my agreement - I am getting really frustrated by all this as I know they are not going to be able to supply me with the agreement and they tell me that once they have supplied my agreement, they are able to go down any route they choose to get their money - is this right? Any thoughts please or advice?

Finally, MBNA tell me that there has been a ruling in the courts a couple of weeks ago and that credit card agreements are enforceable - I haven't heard anything about this - has anyone else?

Many thanks

Hi

Can someone help - 42man sent me the above letter yesterday, but there was nothing contained in it reference MBNA's last para which is detailed below - can someone please advise me how I respond to this last statement so I can get the letter in the post to them. many thanks

"As I have previously stated, MBNA do not hold your account in dispute, you borrowed money and have a liability to repay. MBNA will continue to process your data as we are obliged to do so, and will continue reporting to the credit reference agencies."

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid and legal request and as it stands, you are in default of that request as stated in the Consumer Credit Act 1974. It is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

I note the absence of any documents disproving my points itself speaks volumes. I would say that this is a pretty major dispute ? wouldn't you ?

 

I'm sure I do not need to remind you of your recent loss in the case of Ms Lynne Thorius !!

 

Furthermore should you proceed to harrass me via telephone calls that I have received from your company. I am of the view that this continued harassment of me by telephone puts you in breach of CPUTR2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

I trust this outlines my position clearly enough for you

thanks for your reply - MBNA are stating that they "will continue to process our data as we are obliged to do so, and we will continue reporting to the credit reference agencies"

There is nothing mentioned in the letter about this - how would I respond to that statement please?

thank you

Hello

I have a credit card with MBNA (although an agreement was never signed with the MBNA, it was signed with another bank and MBNA took the bank over)

I have sent them a couple of letters (one's which are posted on this forum) basically asking for a true copy of my agreement which I signed with the MBNA. Nothing was ever received and I have now started receiving phones calls. I called the guy back and basically said that all I wanted was a true copy of the agreement that I signed with the MBNA. I also said that I had been waiting for this since May (which was the date of the first letter)

I received in the post this morning a letter from the MBNA :-

"Thank you for your letter dated 20th Sptember 2009, regarding your credit card account, which has been passed to me for response.

MBNA do not regard this account balance or your obligation to repay as being in dispute and as your account is not in an agreed dispute, you were not permitted to stop making the contractual payments.

As your account remains in arrears, your account will continue to incur fees, and any adverse information will continue to be reported accurately to the credit reference agencies.

Our inability to produce a copy of the original agreement does not prevent the processing of your personal data. You indicate that you did sign the agreement, however, your acceptance of the agreement and the terms and conditions attached to it was signified by your acceptance of the money and your repayments to the account.

As I have previously stated, MBNA do not hold your account in dispute, you borrowed money and have a liability to repay. MBNA will continue to process your data as we are obliged to do so, and will continue reporting to the credit reference agencies."

How do I respond to that please?

Many thanks

ok will scan at work, and post in the next couple of days - but what is the situation if they just keep sending statements? or is it a waiting game, other than sorting out the default notices? Thanks again

they were phoning, but have now stopped as I kept saying the same thing, that I need a copy of the original agreement, the only thing in writing other than monthly satement is a default notice and saying in arrears.

Yes sent by recorderd, they have signed for it and it is MBNA

Thanks, will post Monday by recorded.

Hi, yes have sent that and has made no difference.

If you start a new thread in Debt Collection Industry - The Consumer Forums for each of your a/cs we'll advise you on which route to take. For those who have not responded to your CCA requests send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale For those a/cs you can now legally withold payment until they produce an enforceable agreement.

 

I'm not aware of any reputable solicitors that will take on cases like this on a 'no win no fee basis', but there's nothing which they could do that you can't do yourself.

thank you I have posted 2 threads as you suggested under Debt Collection Industry, I would be gratefull for your opinion

I sent CCA to Marbles, they took over my account from Beneficial Bank last year.

They have sent a copy of the original which I signed (not dated) and Beneficial Bank did not sign it either, it is a bad photocopy, and you cannot read it, however I am certain that there is none of the perscribed terms on it ref APR etc.

They are chasing me for money how should I respond?

I have sent the CCA`s request to MBNA and have had no response other than the fact they are chasing me for money.

MBNA took over my card last year from HFC (Beneficial Bank)

How should I proceed?

I'm no expert but if there is no agreement forthcoming, then the account is in dispute and you stop paying until it turns up! So it might help another cagger to help you, why do want a solicitor, or rather what is it you want a solicitor to do?

One the banks has sent us a letter (received yesterday) stating that as we had not been in contact to arrange payment then they are passing the matter to their legal department and like you, I am no expert - so not sure what to do.

Hi,

Can anyone recommend a Solicitor who will work on a no win, no fee basis regarding Unenforceable Credit Card Agreements.

We have done alot of the work ourselves (ie writing to the banks and requesting a copy of the agreements) - most of which have not got any!! So, we now need a Solicitor to take on our cases.

Many thanks

Thanks, I have uploaded as a PDF

Card was taken out in September 2006.

RBS have sent a signed copy of the credit agreement - dated July 1996 and they say that the agreement is valid. I have deleted private details but on the application my surname was originally spelt incorrectly and I corrected it at the time of signing but did not initial. Dont know if this makes any difference?

I have attached a letter from RBS saying the agreement is enforceable. What is the next step?

Agrrement RBS.pdf

RBS Letter 2.pdf

RBS Letter 1.pdf

Sainsburys Bank have responded to my request for a copy of my signed credit card agreement - as you can see from the attached letter, they are stating that they dont need to provide a copy of the signed agreement. What do I do now?

Sainsbury Agreement Letter.pdf

Hi, not used this site before, just after some advice please

I recently sent a letter asking for a copy of my consumer credit agreement under section 78 of the Consumer Credit Act 1974 (CCA)

The letter I sent was a template which I found on this forum which states:-

"This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

Your attention is drawn to ss.5(2), 3(b) 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

I enclose a cheque in the sum of £1.00 which is the statutory fee. Note that these funds are no to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance and return the fee.

I have received a response back this morning (from Sainsbury Bank) and they have sent me a copy of "my executed agreement" (not signed by me) and a copy of "my current terms and conditions" (again nothing signed by me)

They go onto say that by providing me with the documents they have attached to my letter, they have satisfied their obligation under section 78 and as such the agreement I have with them is enforceable and they will continue to treat it as such. They tell me that they will not be entering into any further correspondence with me regarding the requirementse relating to the provision of the agreements (can they do that?)

Their penultimate paragraph reads:-

The Ministy of Justice headline reads "businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action", Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice - is this right?

Finally, they went onto say that any missed payments will result in collection activities (not that I have missed any payments) and any default may also be reported to credit reference agencies and they end with a statement of my account

Can someone give advice please and what do i do next?

Many thanks