CCA REQUEST TO MBNA my journey by Maz

[bobogosing]

:(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

[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

[angel_1]

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

[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!

[angel_1]

Well guys,,,,as Arnie used to say "I'll be back!" lol

 

well no cca have landed on my mat,,, i posted the recorded delivery letter and i know they have had it as i included data letter too, which they have responded see earlier post on here,

 

so 12 working days up today.

 

Can wait until mondays post i guess just allow a few more days, but really im not hopeful.

 

So next point of attack is ,a reminder letter? or straight to trading standards

 

also as ive paid august payments showing goodwill last week, if i dont get the cca copies by the end of september, can i just stop paying them? i need to awake them somehow.... i guess what im really saying is if i did stop paying the plan payments set up, could this be seen as bad by the judge if i get to court, wouddnt it look better i contiune the payments ( i can make the payments no problems) and thus the judge can see im paying but do want to see a copy of my cca

 

too late in the night, im waffling, hope it makes sense, i will await on you wonderful people to help me out as usual

 

ta and have a fun weekend ciao for now MAZ

[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?

[angel_1]

hiya Hopeful1 and everyone

 

ive not had any cca and my postman has just delivered my post,

 

Hopeful1 - ref my above post no 21 from their data controller, i think now that as i have put all my cca's requests all on seperate letters plus my data letter in the same envelope. It now appears to me until i send them the id document requested they will not be sending me anything.

 

in reply to your questions on post 31

 

as there are 3 seperate credit card accounts, all now on payment plans been accepted by mbna and have been paying the amounts every month since early 2008.

 

1. wanted to see the cca for each account so im satisfied that they cannot take court action.

2. as im due to go back to work and this was one of their conditions that i inform them when this is. (i understand that then at this point they would want a revised income and expenditure)

3.Charges have been applied but a calculated guess is only about 200.00 on each card, there are 3,

4. ideally would want to offer a full and final figure as full settlement and i understand that i would be in a better position to offer a much lower figure if they dont have a cca.

5. Being dealt with by mbna inhouse but of course they could decide to sell onto a dca and thus do we go round in circles again?

 

I apologise for my delay as i had wanted to scan the letter recieved as i cant remember where ive put it, too much going on at the mo, daughter college, me trying to get back to work, doctors, dss hassling me for a doctor medical, etc, , but will find it today -

 

So of course now do i inform them that they have breached the cca rules, or would the letter they have sent me now include they havent as they are waiting on my id, im not happy to send them copies of either my legal document of driver license or passport,

 

I would be happy to produce the license when they hand over the documents to me, i could suggest they deliver the documents to the local alliance and leicester branch and the manager can view my license before she gives me the paperwork, but not happy with them having my signature beforehand. I think there is a letter i could send, but how do i stand on the cca and the data info, treat as two seperate things>

 

sorry am a little backward today, i appreciate your concern and thanks for the posting to remind me on my email.

 

I await your advice thanks again, will log in later ciao for now MAZ

[citizenB]

They do not require any ID for a CCA, I would suspect this is delay tactics. I wonder if it would be worth speaking to Trading Standards about that. That is not a bad idea to suggest that you are happy to show your ID at a branch of the Alliance & Leicester that way they dont get sight of your signature before hand.

 

I dont know what else to suggest. You sent the letter that Hopeful found for you re them not requiring your signature didnt you?.

[Multay]

Just a thought but as long as they don't supply the CCA then the account is in dispute and you are entitled to with hold payment.

As far as I understand things they cannot enforce the debt or start any legal action whilst in dispute and if they do you have the letters to prove they refused to comply with your lawful request...I'll try and find a letter for you that sums this up but if you stop paying I think you will be surprised how quickly the CCA lands on your mat...

[citizenB]

That is my thinking multay.. it would certainly focus their minds a bit

 

Perhaps a note saying something like, if you dont believe I am who I say I am, how come you are accepting money from me

[Multay]

Yeah...Might be worth saying that as they don't think you are who you say you are, you can't be sure they applying the money to the correct account so you will HAVE to stop paying until they prove it's your account with a true copy of the CCA...

The fact is that you have the legal right to stop paying after they go into default...Every letter they send just send the CCA default letter back..

[angel_1]

hiya all,

 

ive managed to now back online after daughter has hogged it since back from college, lol

 

many thanks for your input so far everyone,

ive ticked your scales, wink wink for your help,

 

so in reply, i have to let you know have had a call from someone who left me a message on my home ans machine,to call this person back on blah blah number, didnt declare who they were but im pretty sure mbna, they wont be doing that anymore, let me assure you - done a sneaky thing, no one can now ever ever leave me a message anymore lol

 

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

[Bridezilla]

Hi all sorry to but in on you thread Maz but I really need some advice about non-compliance to a CCA. Brief version of events so far - sent for a CCA request in Jan, in Mar had a letter saying they were no longer dealing with debt, in May received my cheque back and a letter saying they couldn't provide a CCA and they would no longer pursue the debt! Then received a letter accepting my previous offer of full and final payment!! In the past few weeks have received 6 letters threatening legal action. I wrote to them using the template "no cca received" letter and received a reply today. They are saying that the letter I received in March was an error, and they are saying that they don't need to provide a cca and are asking for full payment in 10 days. I go on holiday at the weekend and I really don't want this hanging over me, please help anyone!!

[Multay]

Try this one....

 

ACCOUNT IN DISPUTE

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

As you are unable to provide me with a true copy of my alleged Credit Agreement this account is now in SERIOUS DISPUTE.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Should you fail to provide me with the True copy I have requested, I require written confirmation of this and your proposals for resolving the matter.

I also require you to confirm that you will comply with the OFT guidelines, and not attempt any further collection activity whilst the dispute is unresolved, as per OFT guidelines.

I reserve the right report your lack of compliance to Trading Standards, Financial Ombudsman Service and any other agencies I see fit.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I would appreciate your due diligence in this matter and look forward to your response in the hope of resolving this dispute in an amicable manner.

 

 

Yours faithfully

 

I think this should be OK....But best to get some more opinion first..

Edited September 9, 2008 by Multay

[Multay]

Hi all sorry to but in on you thread Maz but I really need some advice about non-compliance to a CCA. Brief version of events so far - sent for a CCA request in Jan, in Mar had a letter saying they were no longer dealing with debt, in May received my cheque back and a letter saying they couldn't provide a CCA and they would no longer pursue the debt! Then received a letter accepting my previous offer of full and final payment!! In the past few weeks have received 6 letters threatening legal action. I wrote to them using the template "no cca received" letter and received a reply today. They are saying that the letter I received in March was an error, and they are saying that they don't need to provide a cca and are asking for full payment in 10 days. I go on holiday at the weekend and I really don't want this hanging over me, please help anyone!!

 

You should really start you own thread for this, then people will be able to give more advice but you could try the letter I just posted...The simple fact is that they do have to send you the document and if they take you to court you have a complete defence...

[Bridezilla]

Thanks Multay I will send the letter. They have quoted lots of laws so I think they are trying to baffle me. Luckily I have every letter they have sent me and also all of mine that were sent offering payment WHEN they provided the CCA. I also have a letter sent in July accepting my offer of full and final settlement (less than a 1/4 of the debt) I guessed this was them clutching at straws

[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.

[angel_1]

Brilliant - thank you Multay

 

- will use this need to do for each cca? should i include all in the same envelope?

[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

[angel_1]

will be back in a hour as daughter wants pc - ta 4 now maz

[citizenB]

Sorry maz, I thought you had already sent them that letter. Yep, as advised do it now. I can see no reason why you cant put them all in the same envelope. Just to ensure there are no problems.. at the very end of each letter after where you would sign, put something like. Enclosures: 3 CCA requests for and list the account numbers.

 

Yes, I think that adding the fact that not only have sent sensitive data to you already (which I think might be in paul's letter), they are accepting money from you so they must be pretty certain you are who you say you are. Afer all what idiot would be paying someone elses account ??.

 

Many thanks for the click

[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

[Multay]

Thanks Multay I will send the letter. They have quoted lots of laws so I think they are trying to baffle me. Luckily I have every letter they have sent me and also all of mine that were sent offering payment WHEN they provided the CCA. I also have a letter sent in July accepting my offer of full and final settlement (less than a 1/4 of the debt) I guessed this was them clutching at straws

 

IF you start a thread you should post the letter up(removing all personal detail) and then the experts can pull it apart line by line..

[Bridezilla]

Thanks Multay I've posted the letters on my other thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/157607-rockwell-tessera.html