RoyalNelly v MBNA

[RoyalNelly]

Hi all I’m completely new here so please bear with me, also apologies if this is posted in the wrong place.

 

My situation is this, credit wise I am hugely overextended and unable to meet my minimum payments. Therefore I have written to my creditors with pro rata offers from my surplus income.

 

I have decided that I am of a mind to take on any creditors that are being less than helpful starting with MBNA.

 

I have one credit card directly with MBNA which I have had for probably 13 years and one card that was transferred from Abbey National Not sure how long I have had this one.

 

So I have just sent off my requests for my CCA for both cards and am pretty certain that the MBNA account won’t have one, not sure about the Abbey account. I am currently awaiting their response.

 

What I really would like to know is if I should be starting a claim for charges whilst this process is going on, I must have racked up hundreds of pounds if not thousands over the years.

 

Would a claim for charges mean acknowledging the agreement, should I wait for responses to the CCA requests.

 

Should I send a subject access request or would I be best waiting?

 

Any thoughts, comments or advice would be appreciated.

 

Thanks

RN

[maroondevo52]

Hello and Welcome, RN.

 

Have a look at this thread, should help you out.....

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/129809-more-cca-advice.html?highlight=claiming+charges+acknowledging+the+debt

 

Regards.

 

Scott.

 

[steven4064]

Hi RN

 

There is no harm in sending a SAR for all the information they hold on you at this point. You should hold off reclaiming charges though until the CCA issue is settled - as you imply, you can't challange an agreeement and claim charges from the same agreement.

[RoyalNelly]

Thanks Steven

 

I will send off the SAR so if i need to pursue the charges I am already starting to get prepared. Do I need to send two requests to MBNA for both accounts or just one?

 

I guess I will be asking for statements, copy agreements, correspondance, transcripts of calls? is there anything else I should be requesting?

 

Also can anyone reccomend a template letter, or is it a case of trawling the library?

 

Thanks

RN

[steven4064]

You only need one SAR but give both account numbers. THere is a template in the bank templates library

[RoyalNelly]

Hi All

 

Would like to pick your brains as what to do next, sent CCA request to MBNA on 23rd Feb, it was signed for on the 26th Feb, and the payment has been cashed (but a/c credited with £1).

 

According to my calculation the 12+2 days are now up, and I have had no response from MBNA (apart from the numerous calls & letters)

 

Do I now cease payment and write to them stating the account is now in default or should I wait for further 30 days to elapse.

 

If I need to write could someone please point me in the direction of the best letter to send.

 

Thanks

RN

[maroondevo52]

Hi, RoyalNelly.

 

They are in default after the 12 + 2 Days, you can legally withhold payment.

 

Whilst the account is in dispute, they cannot transfer or assign the debt to another DCA.

 

Remember, no CCA, no enforceable debt.

 

You should wait the further 30 days.

 

Regards.

 

Scott.

[maroondevo52]

Here's the letter to send, after the further 30 days......

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

 

 

Regards.

 

Scott.

 

[RoyalNelly]

Scott, Thanks for the info can I just confirm that the countdown is now 30 days rather than 30 working days.

[maroondevo52]

Hi, RN.

 

It's 30 Calendar days, then you report them to Trading Standards and FOS.

There's a link here for TS........

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

 

Regards.

 

Scott.

 

[steven4064]

It's actually one calendar month according to s78(6)

[RoyalNelly]

Today I have recieved a response from MBNA re my MBNA account and my Abbey account, the letter I have recieved is as follows;

 

http://i299.photobucket.com/albums/mm291/royalnelly/responsetoccaa.jpg

 

and what the application form

 

http://i299.photobucket.com/albums/mm291/royalnelly/MBNAapplicationForm.jpg

 

I have also recieved from them a copy of thier current terms and conditions for both accounts and my most recent statements.

 

I'm pretty convinced that they have sent me just an application form (No prescribed terms etc)

 

So my questions are as follows;

 

1) is the MBNA application enforcable, if not, what happens next with this?

 

2) They state in the letter that they are unable to send a copy for the abbey account (just sent most recent T&C's and Statement), do I need to do anything with this account and what is likely to happen next.

 

Thank you to everyone whos has given me help and advice so far its very much apprecaited.

[steven4064]

As you say, the MBNA stuff is just an application form and not enforceable - it deosn't have the presecribed terms.

 

What sort of account was/is the Abbey account?

[RoyalNelly]

Hi Steven

 

Thanks for the confirmation, The Abbey one is a credit card account also.

 

RN

[steven4064]

And they can't produce an agreement for it at all? If there is an outstanding balance on it, I would offer them 25% to close the account on the basis that they cannot prove they have a right to collect it.

[RoyalNelly]

Sadly I do not have the funds just now to make MBNA (Abbey) an offer to close the account. Are there any other suggestions as to how I should approach this otherwise I guess it will be a case of them doing there worst, and just riding the storm.

 

Given that I have one account with one account that they can only produce an application form for and one that they can produce nothing at all, I feel as though I should be in a fairly strong position.

[steven4064]

Well you could just let them take you to court. Without an executed agreement they have no case.

[RoyalNelly]

Its been awhile now and after lots of letters and calls it seems that MBNA have sold off one of the accounts to Link Financial. The one in which they have sent me a faxed copy of the original application form.

Image hosting, free photo sharing & video sharing at Photobucket

 

I have still not recieved anything that resembles an enforcable agreement. Can anyone advise as to my next move e.g. suggest a suitable response or letter to send to Link or should i just send them a new CCA request?

 

Many thanks

RN

[steven4064]

RN

 

THe link you have posted just goes to photobucket' home page - I don't know what has gone wrong.

 

As soon as you hear from link send them a CCA request and tell them that the account is in dispute as MBNA have not complied with your CCA request. Also ask them for for a copy or of the deed of assignment. Hopefully, they will then just return the account to MBNA.

 

BTW, have you had probelms with phone calls from MBNA? If you do, then make sure you keep a log - date, time, name of caller.

[RoyalNelly]

oops not sure what happened there, hopefully this link should work http://i299.photobucket.com/albums/mm291/royalnelly/MBNAapplicationForm.jpg

 

I have had a letter of introduction from Link and a follow up letter asking why i have'nt been in touch, I had loads of calls from MBNA until I changed my numbers.

 

I will send CCA and request for deed of assignment. BTW should I have had an assignment notice from MBNA?

 

Thanks

RN

[steven4064]

You should have a letter of assignment. The letter of intriduction fromLink might well be it