Just wanted to say well done pt2537! I'm relatively new to this forum but on my thread about MBNA, I had wondered when there would be a Court of Appeal ruling about the strange rulings in Carey like reconstituted agreement instead of the true, signed copy. So it's a step in the right direction for me as MBNA still have not sent us the CCA but have issued "Default Notice Served under Section 87(1) of the CCA 1974" dated 10 January 2011. It said my OH had to pay all the arrears before 31.1.11 to remedy this breach. Or else, we have to pay the whole amount as the agreement is terminated and no further statements will be issued. So am I correct in thinking that they can no longer charge their fees and exorbitant interest rate on the outstanding balance, including the arrears, but have to charge 8% instead? BTW. if the case disappears because it is not on the open databases, people can still quote the Kotecha's ruling if needed, can't they? My thread is at "Hi all Urgent Help needed re Default Notice Served from MBNA even though they have not sent CCA" in MBNA forum in case anyone can offer some help. Thanks in advance, DemandFairness

Hi Caro, Just found out on moneysavingsexpert.com forum that a new verdict is in from the Court of Appeal Phoenix v Kotecha (26 Jan 2011) regarding the unenforceability of credit card debts regarding the S78(1) if they reconstitute the agreement without the correct interest rate in force at the time. So it seems others too do not agree with the Carey rulings either. Am I allowed to post the link here so that others can benefit from this new and higher court ruling? (Also, because I may not have interpreted things correctly from my summary above.) DemandFairness

Hi V_S, Thanks for giving me an idea of the important things to keep in mind and the way forward. I have now read all the links Caro kindly posted above. Does anybody know if there will be an appeal in the Appeals Court, especially as the Carey rulings seemed a bit strange to say the least! Anyway hope MBNA has accepted your £1 pm offer. Based on our experience with them, they seem keen to suggest they will accept an offer of a settlement as a tactic to get you to ring them. When my OH rang them, then they said it isn't possible but you can pay your arrears in 6 months, as I said in my original post. When I get their terms & conditions, as well as the original ones hopefully under SAR, I will take your advice of checking everything like Miss Marples! I'm sure they should have given my OH the option to freeze the interest rate rather than accept an increase. Somewhere I read that came into force from Jan'09 and other lenders have followed that. Does anyone know if this was a binding OFT regulation or just a voluntary code? (Afterall, MBNA did reduce their fees to £12 in line with other providers.) DemandFairness

Hi Caro, Thanks for the reply and useful links. Thanks for moving the thread to the correct place. Hopefully now, I may get some answers to my specific questions from some people who have gone through a similar thing with MBNA. It's good to know your site has many motivating stories of the "little guy" fighting for fairness and justice and having the support of others on this forum. BTW, I have read some of your and Bankfodder's posts and I'm glad I've found this site, as I had wasted my time on another forum which just had confusing and contradictory information. DemandFairness P.S., where can I check that I am subscribed to get email notifications when someone replies to my thread, as I only found out you had posted this by coming back onto the forum itself?

Hi everyone, I'm sorry if this is the wrong place to post but I think I read somewhere to first introduce yourself in the Welcome forum. I am also new to forums, so hope I'm doing this correctly after having spent some time reading various threads, FAQ and how to's. I read some information regarding the harrassment techniques used by MBNA which my OH and myself have also experienced. Of particular interest was the threads from past employees which then made us aware of how they treat their customers and that we were not alone. It is my OH's account where they did the low introductory offer, increased the credit limit at various stages without solicitation and then increased the monthly interest rate dramatically. He also had missing statements, which they do not bother to re-send, and there never is a yearly APR figure on any statement we have received. When I rang to find out how much of the balance is at the balance transfer rate and how much is at the cash rate, they could not tell me. Also, I asked them why they never told my OH when they increased the interest rates, as his other lenders had done and asked if he would like to freeze the rate if he did not accept the increase, provided no more transactions until the balance is zero. MBNA told me they were not obliged to do this when I rang them November 2010 and I told them that's why people run into trouble with their extortionate rates and by not receiving statements so that people can see what they are doing with their fees and interest rates! As I could see they were not really interested in helping with our new situation unlike other providers including our mortgage company which changed us to an interest-only mortgage, I told them I would be asking for the original terms and conditions as well as the CCA. He was not very happy about it as he was trying to get us to pay the arrears over 6 months, with no freezing or reducing of the interest rates or fees including for being over the credit limit, due to their charges and them accepting less than the minimum balance. I pointed out that the oustanding balance would still be increased over the 6 months, even though the arrears would be cleared. So how was this a help and he could not answer it. We sent a letter to them by registered post in early December based on a letter template I think my OH found on this site, asking for the CCA, pursuant to s77/78 of CCA 1974. We included the £1 fee and also checked with the post office it had indeed been delivered the next day and it had been. We were due to pay a reduced amount, as we could not pay all the arrears or the now much higher minumum amount, by 31.12.10. (We had also paid less than the minimum the previous month or so, based on their verbal agreement and them taking the amount as we paid them by debit card.) However, we read somewhere that if they did not send the original and true signed CCA, along with the original terms, within 12+2 days, then the account is automatically in dispute and they cannot issue any default notice. As it was the Christmas period, we gave them extra time to give us what we asked for. However, the same man who knew we were going to ask for the CCA emailed us to say we would be in default if we did not pay by 31 December. So my OH emailed him back to say he did not have permission to email him over such a personal and confidential issue and over his harrassment by ringing me constantly when he did not have permission to do that (and leaving silent messages). So we were going to complain to Ofcom and the Information Commissioner. My OH also wrote in the email, that as he had not received the CCA or a reply to his letter, then the account is in dispute and no default notices could be served. He asked the man to forward the email to their complaints and customer service departments, so that MBNA could send a reply regarding the CCA request and regarding our complaints of harrassment and confidentiality. We received a letter dated 6 January 2011 from MBNA's Rachel Nixon, Customer Advocate Office Manager saying they will respond to the complaint with 28 days. We still have not received a reply to the CCA request, so presumably they do not have it as the account was open in the nineties. Despite the fact the email told them they could not issue a default notice until we have the original signed CCA and Rachel has indirectly acknowledged the email complaint (although she calls it a letter), we received a "Default Notice Served under Section 87(1) of the CCA 1974" dated 10 January 2011. It said my OH had to pay all the arrears by 31.1.11 to remedy this breach. (The notice was received on 13.1.11 by ordinary post but due to all the stress of having to deal with MBNA & their telephone harrassments, we both have been too ill to deal with this earlier.) 1) Does anybody have any idea as to what we should do next as we still have not received the CCA or any reply about it? 2) Should we stand our ground and refuse to pay anything until we receive the CCA? (I saw some posts on another forum and on this too about a recent case (Carey?) where a county court judge said a a CCA could be reconstituted rather than be an original or signed one but I do not know if this is a real case or fake posters really working for the institutions, giving advice to put others off from pursuing their basic rights of there should be a signed contract to prove there is an enforceable agreement.) 3) Has a default already been written onto my OH's credit file based on the notice served mentioned above and can anything be done to correct it, saying the account is in dispute and so it should not have been served? 3b) Also surely they should have given us 28 days notice of their intention to issue a default, based on what I read here, and telling us how many months in arrears we are, even though they had accepted a lower amount over the last few month? 3c) Did that man's email to us on I think 31.12.10, to say we had to pay today or else the account is in default today count as their notice, even when he did not have permission to contact my OH by email and my OH replied as above? 4) Since they accepted the lower amount by telephone, then were we technically in default for those months? 5) Can someone post the link of where your SAR template letter is as we do need to know what MBNA have been doing all these years including getting past statements? 6) I read somewhere that you should not accept their records only go back 6 years? Is this correct? 7) Should we just give them £10 postal order for their SAR letter reply and all documents? ie, not accept their demand of £10 or whatever per document, which could be expensive, given the account started in the nineties? Thanks in advance for you help. Best wishes, DemandFairness Forgot to mention, they say if the arrears is not paid by 31.1.11, then they can demand the whole balance and will take court action but they will not issue any more statements. Is this correct for demanding the whole balance and also for not issuing any more statements, as surely people need to see how a debt is accruing with their interests and fees?