MBNA Street Name Town Postcode Bank Account Number: Your Ref: Date: Dear Sir/Madam I write with reference to the money which you are claiming on the above account. I can confirm that I am unable to offer to pay the money in full. However, I can raise £xxx.00 and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full and any default removed and please confirm this in writing in your response to this offer. Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment. I look forward to receiving your reply. Your's faithfully XYZ

Don't let this get you down.

So does it mean that its not been approved and they can always come back and say it was not approved and chase you for rest of the amount? In my humble opinion this letter did not change anything for you and be prepared to be chased for rest of the debt. How cunning and deceptive of MBNA.

Probably I should refer them to a school for a few lessons on Time, Date and Calendar. My previous letters have costed them some brain cells to read and understand

Thanks rayne, I will send that letter to hsbc in a couple days. However I still want it they are right in saying that because of the date of agreement CCA does not apply. I thought it applies to anything before 2007 and less than 25k. Am i right? If yes, then why are they telling me its not. Is it one of their shots to put me off this?

Thanks for you reply rayne. That is the route I have taken i-e. s78 request. They have failed to produce anything except a blank form and some terms and conditions. Why are they saying that because of date they don't to need to produce anything because CCA doesn't apply. Is it not misleading? Are they not giving me wrong information?

Hi everyone A few weeks back I sent a CCA request to HSBC followed by a few more letters including a dispute letter. Thanks to this forum. Hsbc have accepted that they do not have a signed application form but they haven't said that they don't have a signed credit agreement. After my last letter I have received a reply couple of days ago which is following: As you will be aware, the credit card agreement was entered into with bank on or around DD/MM/2004. This was before the both Consumer Credit Act 1974 (ACT) and the Consumer Credit (Agreements) Regulations 1983 (Agreement Regulations). The agreement regulations contain the prescribed terms which were required by section 61 of the Act. Due to the date of the agreement, it was not necessary for it to comply with the Act or the Agreement Regulations. Therefore the agreement did not need to contain the prescribed terms. It follows that we do not have any obligation to provide you with a copy of the agreement which did, at the time of signing, comply with section 61 of the Act. Your request is therefore pointless. We remind you of the decision in Carey V hsbc bank which determined that, regardless of the date of the agreement, the form of agreement provided in response to a section 78 request does not need to comply with the requirement of section 61. It is inappropriate to issue a pre a pre-action disclosure application and if you do so, we put on notice that bank would seek payment of all the costs they incur. We may also refer this letter to court on the question of costs. Are they right in saying that they did not need to comply with CCA because of date? Is my request pointless? I have read some threads on Carey V Hsbc which is quite depressing. I understand that in that case Hsbc was defendant but what do I now say to HSBC? I need you comments and suggestions to draft a response for my friends at Hsbc who are clearly working hard now.