Hi there 'standingupformyself'. Very interesting reading your thread. I have nothing very new to help you with but can say that MBNA are pigs to deal with and will try to wriggle out of their obligations at every turn, bluff you with false legalitites or simply ignore you completely. Of which the later is mostly the response i have had. Anyway, going to subscribe to your thread and wish you the best with it all. Sounds like you are on the winning side to me. MBNA have ignored my CCA's although awaiting a response (due by the 12th June!) about my compliant in that regard before i report then to TS. Keep up the good fight! http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-6.html

Interesting. Wonder what it means though. can't find any news about it on google as yet but will keep checking to see what their reasoning is.

and also.... Dear mr x, Thank you for your recent communication. We are currently investigating your complain and will provide you with a full response by June 12, 2007. In the mean time.. any further queries...etc etc Steve bailey head of customer advocate office The letter i think they are refering to is this one sent 19th May: Dear Madam, I am in receipt of your correspondence in reply to my request for the Credit Card Agreements for the above accounts. The documents that you are obliged to send me are to be true copies of the executed agreements under the terms of the Consumer Credit Act 1974 [sections 77−79]. However, the documents that you have provided are non-compliant in relation to the above act. I am also in receipt of recent letters from MBNA stating that one of alleged debts has been sold to a third party. Namely, Link Financial-Lin and another letter stating the other alleged debt is due to be sold at the end of this month. MBNA were in possession of the CCA requests at the time this alleged debt was sold and had, at that time, not complied with the CCA request. This in itself is an unlawful act under the Consumer Credit Act as a debt cannot be sold to a third party if an account is in dispute. I therefore require that the selling of this alleged debt be revoked immediately and a properly executed agreement for both accounts be supplied to me within 7 days of receipt of this letter otherwise I will have no recourse but to report this breach to the Office of Fair Trading, Trading Standards, The Information Commissioner's Office and the BBC Watchdog program. If you are unable to comply with the CCA requests in full then I ask that you confirm this to me in writing to the above address. Yours Sincerely, me

2 letters from MBNA: Dear Mr x NOTICE OF INTENTION TO SELL THE BALANCE ON THE ACCOUNT As you are aware MBNA has continued to assist you (YOU WHAT?!) during this time of financial difficulty by taking the following actions on your account: 1.Suppression of all fees 2.Suppression of the monthly interest This means that every payment received from you is reducing the outstanding balance. (NOT LIKELY.. I HAVEN'T PAID ANYTHING!) However (THEY DO LIKE TO USE THE PHRASE 'HOWEVER' A LOT DON'T THEY!).. However, to assist you further we need you to increase your monthly repayments to prevent any further action from being taken to recover the outstanding balance. If you are unable to increase your payments, the following may happen; 1. the debt may be SOLD. (OH, CAPITAL LETTERS.. NOW THAT'S SCARY) 2. You would no longer be an MBNA Customer. (REALLY? I'M SO HURT.) 3. The buyer may commence recovery of the debt. (AN UNENFORCEABLE DEBT YOU MEAN?) A DEFAULT will register for SIX YEARS on your credit file at the end of the month. This will hinder your ability to gain ANY form of credit in the future. (CAPITAL LETTER AND BOLD TOO... EVEN MORE SCARY AIN'T IT?) To prevent this happening, we need you to make an IMMEDIATE PAYMENT of £8.00. alternatively, contact MBNA on 0800 *** *** to discuss your future repayment plans. Yours sincerely Sally Moran (printed)

I wrote to the ICO as their download form had at the top "only fill this out if your complaint relates to the Consumer Credit Act 1998". This was their reply: Dear Mr x Thank you for your correspondence dated 6th May 2007, regarding complaints against credit card lenders. The Information Commissioner is a UK independent supervisory authority reporting directly to the UK Parliament. The Commissioner enforces and oversees the Data Protection Act 1998 within the United Kingdom and the Freedom of Information Act 2000 within England, Wales and Northern Ireland. Unfortunately this is not something which our office would be able to take a complaint about as we do not oversee the Consumer Credit Act 1974. You should make your complaints to the Office of Fair Trading. Their contact details are below- Enquiries Unit The Office of Fair Trading Fleetbank House 2-6 Salisbury Square London EC4Y 8JX Tele: 08457 224499 Web: The Office of Fair Trading: making markets work well for consumers Email: [email protected] I am sorry that we cannot be of any assistance to you but I hope that this information is useful to you. Yours sincerely, Sarah Cookson Customer Services Team The Information Commissioners Office

Hi there... Yes thanks.. i'll put that sentence in now! awww sorry corn.. didn't forget about the paperwork.. half printed it off and will get it in the post tomorrow. wow... Penuriosus... wish i had had that kind of info to throw at MBNA when i was getting 8 calls a day - before i changed my phone number that is! -

A letter this morning from Blair, Oliver & Scott Ltd instructed by HALIFAX to recover the outstanding debt. Haven't heard from Halifax since the CCA request so going to write to both informing Halifax that they are now going to be reported to (everybody i can think of) and to B,O,Scott to tell them that Halifax are in default of the CCA!

yes, i am of that opinion too. I think i will just reply with the usual 'you haven't complied' letter rather than go through all the detail and inacuracies of it all with them. Certainly seems many debtors are being given these sorts of replies of this sort which suggests 90% of creditors just don't have the properly executed agreements!

Hi Peterbard! As you seem to be pretty good at discerning a 'good' document from a 'bad' one i wonder if you would like to cast your eye over the MBNA reply to my CCA i had today. When you have time. Cheers! Davey http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-6.html

http://i157.photobucket.com/albums/t42/davey77_2007/MBNA1.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA2.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA3.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA4.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA5.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA6.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA7.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA8.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA9.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA10.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA11.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA12.jpg http://i157.photobucket.com/albums/t42/davey77_2007/MBNA13.jpg After some painful reviewing i realised they have tried to send CCA's for both cards in some way at least. So, ok.. The points i want to raise about this are: 1. Although the letter states "the following are enclosed; a Copy of the Original Credit Card APPLICATION" doc.1 says at the top "credit card agreement.." 2. Although doc. 2 & 3 refer to £25 charges etc doc.7 refers to the £12 charge which was introduced last year. 3. I applied for 'card 1' Oct 2005 and 'card 2' July 2006 but the date on doc.4 is March 2006! Also on doc.4 there is only a 'tick' in the box. Surely dispite the wording "I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature to this agreement", this cannot be acceptable? 3. My credit limit is £1000 on card 2 (as shown on doc.12) but on the reverse of doc.6 where someone has scribbled the account number at the bottom of the page, it states "credit limit £5000" (doc.11). This refers to card 1 whose actually credit limit was £5300. This is all very confusing and my head is spinning!

ok.. this morning i have a reply from MBNA re the CCA's... Dear Mr x, Thank you for your recent request; I can confirm the following are enclosed; A copy of the Original Credit Card Application Terms and Conditions Please note; the account ************* was sold to link Financial on 07 May 2007. If you neeed anymore information please contact them on 0800 ... ..... So, i have a date now when one out of the 2 two debts with MBNA was sold and the 7th of May is (i believe) one day before the 12 working day limit on the CCA request. Can they still sell the debt legally up to that date? I would have thought that as soon as they are in receipt of the CCA request that they have to supply that technically? Anyway, The docs they sent are different that the others i have been given by other creditors and seem odd to me. Reconstituted i think is the word and i don't recognise there format from what i may have signed originally. I will work on getting them on photobucket today....

Nothing new to report... just sitting back and waiting now. At least it's sunny out again!

I now put this at the top of all my correspondence: NOTICE OF DEFAULT - CCA

This is the CCA reply from Barclays i had: I am satisfied that it is a properly executed agreement and not an apllication form as many others are sneding me at the moment but I wonder if i could use this section 59 aspect to query it's legality? What do you guys/girls think? It's a Barclays loan via post (not branch) from July 2006: http://i157.photobucket.com/albums/t42/davey77_2007/barclays2.jpg http://i157.photobucket.com/albums/t42/davey77_2007/barclays1.jpg

Hows this: To, "Stuart Johnson Assistant Vice President - MBNA Europe Bank Limited Customer Assistance Department PO BOX 30 Chester CH4 9FD Dear Mr. Johnson, I am writing to inform you personally of a serious breach of the Consumer Credit act 1974 namely, that while MBNA are currently in Default of a CCA request on the above accounts (the 12 day limit being passed without compliance), any debt cannot be enforced or sold on until the CCA is complied with in full. To clarify: The Consumer Credit Act 1974 (Chapter 39) S.77 (4) If the creditor under an agreement fails to comply with subsection (1)-- (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. I received a letter today from MBNA stating that the alleged debt has been sold to a third party. Namely, Link Financial-Lin. This in itself is an unlawful act under the Consumer Credit Act. A debt cannot be sold to a third party if the account is in dispute. Also the account number at the top of the recent letter from MBNA informing me that the alleged debt was sold to Link Financial-Lin is not a number I am aware of or recognise. I therefore require that the selling of this alleged debt be revoked immediately and a properly executed agreement for both accounts be supplied to me within 14 days of receipt of this letter otherwise i will have no recourse but to report this breach to the Office of Fair Trading, Trading Standards, The Information Commissioner's Office and the BBC Watchdog program. If you are unable to comply with the CCA requests then I ask that you confirm this to me in writing to the above address. Yours sincerely, me"

I have also just noticed that the account number on the letter stating the debt had been sold on is NOT MINE. The first 6 numbers are the same but the rest of them does not relate to the 2 cards i have with MBNA at all!?

Does anyone know the relevent section of the Consumer Credit Act that is concerned with selling on debt to a third party once the account is in dispute (non CCA compliance.) ?

I think for the moment i will continue with the MBNA route. I did receive a personal 'apology' from Assistant Vice President MBNA a while back regarding the amount of calls i was receiving and as a consequence GVI inc was taken off the case. I certainly heard nothing from them after that. I will try writing again to the same Guy and will state that selling the debt on while in dispute is illegal etc. I'll post the letter here first!

Well, until i got the letter from mbna they had been 'communicating' with me directly with no mention of Link so assume the date on the letter is the point at which i have been sold on - the 8th May. Interestingly the exact day that MBNA default for failure to comply with the CCA. Not sure what to do. Write a strong letter to MBNA telling them their actions of selling on the debt while the account is in dispute are illegal OR start another CCA request with Link. hmmm

All quiet on the western front... apart from this: MBNA have sold the debt to Link Financial-Lin. Of course, MBNA are in default of the CCA but they sold the debt anyway.

And also this to HFC as they replied to state that the Director of Card Operations states that an application is enough for me: Dear Sir/Madam, Thank you for your letter dated 2nd May 2007. In regard to the application form you recently sent me in reply to my CCA request and your assertion by your Director of Card Operations that the document you sent me marked ‘application form’ is all that is required to be supplied to me under the Consumer Credit Act 1974, I find that your Director of Card Operations is under some misunderstanding as to what is required by law regarding the supply of such information and to be fully compliant therein. I require a properly executed agreement and not a pre contractual application form as clearly laid out in the terms of the Consumer Credit Act 1974. To clarify accordingly: RT Hon Ian McCartney MP Minister for Trade Investment and Foreign Affairs In relation to the Consumer Credit Act 1974 (Credit Card Agreements): “It is also a breach of the Act and the Regulations to send the application form rather than a true copy of the agreement.” Therefore you are now breach of your legal duties under the Consumer Credit Act 1974 (s77-79) thereby committing an offence and are in Default and may i also remind you that while the account is in dispute that the alleged debt is unenforceable. I must ask that the CCA request be complied with in full and that a true copy of the properly executed agreement for the above account be supplied to myself at the above address within 10 days of the date of this letter otherwise I will have no other recourse but to inform Trading Standards, The Information Commissioner's Office and Office of Fair Trading of this breach. As HFC Bank are in Default due to this breach I must also ask that any Defaults currently on my file with the credit reference agencies be removed. If you are unable to fully comply then I must ask that you confirm this to me in writing also within 10 days of receipt of this letter. Yours sincerely, Me

What i plan to send off to all that are over the time limit for the CCA: Dear Sir/Madam, I write to inform you that Cahoot have now exceeded the statutory time limit in regard to the CCA request by myself which was sent by recorded delivery then received and signed for by 'whoever' on behalf of Cahoot on the 'date'. You are now breach of your legal duties under the Consumer Credit Act 1974 (s77-79) thereby committing an offence and are in Default. I must ask that the CCA request be complied with in full and that the true executed agreement for the above account be sent to the above address within 10 days of the date of this letter otherwise I will have no other recourse but to inform Trading Standards, The Information Commissioner's Office and Office of Fair Trading of this breach. As Cahoot are in Default due to this breach I must also ask that any Defaults currently on my file with the credit reference agencies be removed also within the allotted 10 days. If you are unable to fully comply then i must ask that you confirm this to me in writing also within 10 days of receipt of this letter. Yours sincerely, me

hi there - thanks for that Ladybird! a pointless letter from capital one this morning after i wrote to tell them an application form isn't good enough: Thank you for contacting us for a copy of your credit agreement and statements. These have been sent to you separately and you should receive them shortly. As we don't charge for this service we've added your £1.00 payment to your account. If we can help further, please call...***** ugh!

yes thanks very much humbleman. Makes me mad to think the creditors are trying to make out to debtors that they are incorrect or misunderstanding the law and that creditors have fulfilled their legal obligations. They are your best friend when you are paying the bills and spending money but when things get rough for you in your life they turn on you like a rabid dog! It's time to bite back i say!!

I have just been looking breifly at dates for sending off some of the CCA's and it looks like time is up. (12+30). I have forgotten weekend though - I take it it is Mon-Fri that makes up the total of 42? Even so, nearly there. So what's the next step. How do i get to take this to court to force them to comply with the CCA? (Or not.) I have had a look around here but this site is so big now i get lost!