CCA REQUEST TO MBNA my journey by Maz

[Hopeful1]

Hello again

 

I'm guessing that it would be helpful if you could get MBNA to confirm in writing that they do not have the CA. So perhaps write and remind them of your timescales and the fact they have not complied with your legal request. Give them the option of sending the CA or confirming with you that do not hold one.

 

They would then know that you know what you're doing and may be more flexible then with their full and final settlement offer.

 

Do you have charges on any of these MBNA accounts?

[Hopeful1]

Hi Maz

 

There's a non compliance letter here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133960-1st-credit-failure-produce-2.html#post1582886

 

You will obviously need to read through it and alter dates etc

 

It may also be of interest for you to read this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

 

It details updated practice with regards to non-compliance. It isn't restrospective though so check to see if your dates fit in.

 

Something i was thinking when you make your f & f - if they have entered a default on your file you should include that as part of the negotiations.

 

[Hopeful1]

 

in reply to your post 5 - yes i do have charges on the mbna accounts, have collected all the statements and im guessing at the moment nearly 200.00 pounds on the main mbna account here. Should i request these in a seperate letter after ive sent the cca letter first?

 

 

I wouldn't worry about reclaiming as you are going to make low offer on the f & f due to non compliance with your CA

 

I am also assuming that you are now liasing with MBNA direct? Correct me if i'm wrong.

[Hopeful1]

Hi Maz

 

Sorry not been online, but out and about all weekend.

 

That letter looks fine. It can be easier to start again when you understand more what you're doing and why!

 

I would stick to liasing directly with MBNA now, no matter who else turns up on the scene.

 

Let us know when you receive a response.

 

Best wishes

[Hopeful1]

hiya Hopeful1

 

yes thank you, i now feel i do understand more and everyone at the start does look to others for guidance but as you learn more and more, and take on board everyones advice, you get a feel for things and begin to feel far more confident.

 

So im just off to the post office get my postal orders then i can write my letter and tackle mbna first.

 

I will start my other threads as i complete each letter as i go along,

 

again much appreciated your guidance, im inspired by this all now so will update once i get any replies.

 

Ciao for now hope you had a good weeeknd and wish you a happy week

MAZ

 

You have a good week too. I shall look out for your posts.

 

Take care

[Hopeful1]

hiya hopeful1

 

just before i go ive realised that i have 2 proper mbna credit card accounts, ie mbna, and mbna virgin, also have alliance and leicester but by mbna so in theory, i do need 3 seperate 1.00 postal orders for the cca but only 1 x 10.00 postal order for the Data Info

 

???

 

if you are still on quickly

 

ciao maz

 

Hi Maz, think i'd just logged off when you posted. yes i would do the CCAs seperately, but the SAR should give all info. Make sure you put all 3 account nos. on the SAR request.

 

Because there are so many accounts i would be inclined to edit the letter you posted and do the 3 CCA requests seperately. It just helps to avoid any confusion.

 

I'd forgotten there were so many accounts otherwise i would have suggested that before - sorry

[Hopeful1]

Phew! I'm glad you're ready for an ugly fight!!

 

When HFC asked me, i sent a copy of my driving licence but blocked out my signature!

 

However, since then, Paul has posted a good letter up which is here.

 

[Hopeful1]

hello all, im back again just thought of something before i log off, further to my post number 21

 

of course in the same envelope i requested copy of each of my mbna accounts for a copy of credit card agreeement and on these the law says they have to provide within 12 days - so in fact i guess i should wait for the them to perhaps default or send me thecopies of the cca FIRST before i send them a copy of my licence,

 

However, i still maintain, i m not happy with them having a copy of my personal details ie license or passport with my signature there,

 

so i will await on you experienced fellow cags to help me out on this,

 

sorry im all over the place today going to now pick up daughters exam results

 

ciao for now laters MAZ

 

Just seen this post - you won't be sending your signature!

 

Go get your daughter's results - i hope she does ok

[Hopeful1]

:(Hi Maz

 

I m starting my 1st battle with debts, been reading your thread and just wonder would it be possible to have a look at your 1st copy of letter to MBNA requesting your CCA?

It would help me so much as I dont really know how to go about these sort of thuings and too scared that i will land myself in legal trouble as I dont know what I m doing.

 

Thanks

bobogosing

 

I have posted on your thread, Bobo, just click the link below:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/155888-please-advice.html

[Hopeful1]

hiya Bobogosing

 

just seen your post on my thread - it looks like you have been helped already so thats great, ive seen what hopeful1 has done and the info appears now on your thread so thanks hopeful1 for helping out

 

hope you get it all sorted, like you have been advised already you just need to keep calm and keep going, it will eventually make kind of sense the more you learn and take others advice, remember they have been there already and me , i will take any advice off anyone who has already experienced it, no matter how many o levels someone has, today, experience counts far more,

 

however, feel free to ask and if i can help in anyway i will, as others have helped me so far its the least i can do for others,

 

take care and thanks again hopeful1 - amazing support

 

ciao for now MAZ

 

 

Hi Maz

 

Just wanted to say thank you for your kind comments, i'm glad i've been able to help. Long may it last!!

 

I'm sure bobo will appreciate your support too.

 

Take care

Edited August 22, 2008 by Hopeful1
Tidying up!

[Hopeful1]

Hi Maz

 

Thanks for your pm. When you post on your thread you are automatically 'bumping' it to the top of the forum.

 

When i log onto the site i click on USER CP and it lists all the threads i've subscribed to starting with the ones that have been posted on, so don't worry i will know to look at your thread

 

I am just on my way out now so i will look at this later for you.

 

You are right to be reasonable and give them a few more days.

 

Just remind me, what are your plans with this account?

did you want to declare it unenforceable and leave it at that?

did you want to reclaim charges?

did you want to agree a full and final or a new repayment plan?

 

This info will help me to suggest how to move forward.

 

How's the payment a day going?

Edited September 8, 2008 by Hopeful1
A link i'd used didn't work as planned, so got rid!!

[Hopeful1]

Hi Maz

 

Have you heard anything?

[Hopeful1]

 

i like your thoughts citizenB, i have not yet sent that particular letter advising they dont need id, i think ive seen it somewhere here,

 

Should i now, and also could include the line "if you dont believe I am who I say I am, how come you are accepting money from me"

 

due to the phone call received, i would rather respond in writing to them and again remind them to contact me in writing only.

Have already sent them a harrasement letter in the past.

 

((((Thinking also more paperwork held to show my paper flow of information requested and not received)))))

 

Also like you say Multay, i also think its a delay factor, and if you could get me that letter i could then put it into dispute, i wonder how fast the cca will arrive, to tell you all the truth, ive requested initially in may and finally again after talking to them on the telephone they only sent me CURRENT TERMS AND CONDITIONS, not the cca and i think that was just to shut me up in july. I now refuse to talk to them on the telephone.

 

So my cca request and data letters this time, ive get full records and now im a tenacious woman on the loose, and will not give up!

 

i have paid on time two of the 3 cards, but the a/l one due date is next week, i thought id give them the chance to get me the cca, as they havent, i could argue the line about the account now in dispute blah blah, or report them to trading standards.

 

im not sure of the next move as such, so will await your help thanks again

 

will have a wander about and come back in an hour ciao for now MAZ

 

Hi Maz

 

Here's the link for Paul's letter regarding signature requests:

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131333-dca-creditor-demand-specimen.html

 

You are right not to ring and to keep writing particularly if you do decide to TS. Ask for a copy of their complaints procedure 1st though and go through that as it gives you a stronger case an dmakes them look more unreasonable.

[Hopeful1]

Just for future reference, this thread by RMW is good toO. Although it's about FOS, it's a good guide for complaints in general

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

[Hopeful1]

Yes, thank you to the people that have 'clicked' me tonight!

 

Just to go back to the suggestion about taking ID into the branch - they would probably photocopy it, so i would avoid that too This game makes you very sneaky

[Hopeful1]

Hi Maz - you're doing a good job keeping up with all this

 

If MBNA took over the A & L card, then CCA MBNA. You may be better off starting a new thread when you begin on that one. Put the link on here though so we can all follow.

 

Take care

[Hopeful1]

 

yes that might be an idea once i can get it all scanned but ive already cca mbna for the alliance and leicester and they have replied that "they are sorry we have not been able to send you a photocopy of the original for the card - but they did send only the terms and conditions copies.

 

Thats where im stuck with the alliance and leicester, is it that alliance and leicester have the original copy?

 

Well, if MBNA have taken over the accounts then they should have the CCA. Have you sent a letter about them not complying? Once they've had that, if they still don't provide it you can make a complaint to TS.

 

What is your ultimate plan with this? Do you want to be able to renegotiate your own payments, ignore the account or reclaim charges?

[Hopeful1]

That's good, at least things are starting to move.

 

Take care

[Hopeful1]

Hi Maz

 

As GM says you have to make your own decision. Does the bottom bit look like it's part of the same document as the top bit?

 

I also agree that it should be legible for it to be enforceable so it may be worth pointing this out. However, if you are unsure as to where you stand it may be worth making your next payment just to bide some time. Also, i can't remember without looking through the thread but are there charges on this acc.? Would they make much difference to the outstanding balance?

[Hopeful1]

Hi Maz i'm glad to see things are a little less hazy, you're doing well so keep going.

 

I don't believe in pointing out exactly what's wrong with docs. Creditors should already know and probably do, they just count on the likes of us not knowing!!

[Hopeful1]

Maz, as you said on Lexis's thread, everyone has to do things in a way that suits them. Whilst i completely understand why it is not necessary to respond to every letter, i am someone that does, because it makes me feel better. It gives me some sort of control. I haven't got the guts for a fight in court, so will do what i can to ward the prospect off.

 

Take care

[Hopeful1]

update on this

 

they say have supplied the terms and conditions and the faint illegible cca's so have considered all for me, and sent final letter and refers me to fos,

 

i will be sending fos the information

 

will this now continue as a dispute ? until the ombudsman declares them right or sits on the fence or heaven help actually says possibly we are right? holding my breath

 

if it continues as a dispute until the ombudsman comes to a decision i can continue to withhold payment?

 

they also cannot add further charges or interest ?

 

also as ive 3 claims for the same creditor should i do 3 seperate claims and put each information on each claim as the final letter summised all 3 accounts?

 

i dont want the 3 accounts mixed up in anyway, i want them treated seperately can i do this?

 

Hi Maz

 

Yes the claim should remain a dispute. It may also be worth copying your complaint to trading standards. If the agreement is unenforceable they obviously shouldn't be adding interest / charges. If it were decided it is enforceable then they are entitled to add interest, but of course you can reclaim charges.

 

This is now my personal view. I withheld payment from Weightmans who were collecting on behalf of HFC because they did not provide an agreement. I wanted the agreement to look at the PPI and what i'd actually signed up to. 10 months later they issued legal proceedings and lo and behold an agreement turned up that appears to be enforceable. I am now in a real battle and will not come out of it unscathed.

 

Because of this i would not offer any advice with regards to withholding payment. It has to be a personal decision and one you are happy with.

 

I don't want to worry people, but i just want people to remember things aren't always as straightforward as they should be.

 

Obviously if you wish to have the debt declared unenforceable and to leave it at that, then to make payments / reclaim charges would contradict that.

 

So i'm ending a little like Lexis, leaving you with lots to think about and not necesarily all the answers!!