CCA REQUEST TO MBNA my journey by Maz

[angel_1]

hiya guys,,,

 

ive rung up Consumer Direct about the cca copies that i cant read andthey informed me that they DO need to be legible and clear. Which of course we all know from our own experiences they are NOT

 

therefore ive hunted as best as i can i cant seem to find an appropiate letter saying this simply to them, I just want a short sharp reply to them and making it very clear what they have provided does not allow me or my legal experts to understand the information -

 

what do you guys suggest?

 

Very sorry guys, from post 100 onwards now ive looked back, ive confused myself a bit, thanks for the help given so far, i think now its time for the letter but anyone can give me a template that i might be able to amend to enter my above thoughts in too - thannnnnnnnnnnnnnnnnnkyoooooooooooooooooo

 

thank you, i await your help as usual i know

 

ciao for now laters MAZ;)

Edited October 10, 2008 by maz1964

[angel_1]

hiya guys

 

thanks lexis and citizenb

 

i think will be able to use that letter just tweak it a bit, definately the type for my cl debenhams thread too,

 

thanks to you both, my mind is a bit clearer - wait and see, im just improving with age...lol

 

take care my friends laters ciao maz

[angel_1]

hiya all

 

thats why im mulling it all over, there is part of me that believes i would stand on better ground to keep responding with letters,

 

the other part is trying to stand up to them, and their bully antics by not doing anything

 

does that make sense?

 

because i had been paying them and until i requested the cca have stopped as per the account is in dispute - which is reasonable until they provide the correct paperwork in a legible manner

but if i just send the last letter clearly stating

 

only the below - (extract from a letter given to me before)

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I have not written them here for you as I’m sure you are well aware of them, suffice to say none of the terms are present in the document

 

I also am unable to read the information on the two pages presented to me on the Application form due to the utter illegibility of the copies. This in itself contravenes the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). Nor evaluate whether any original agreement was ‘properly executed’.

 

 

Regulation 2 states:

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

You had until the xxxxx to provide me with the true copy I requested. After that date you entered into, and currently remain in, default of my request.

 

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection which was issued July 2003 (updated December 2006), relating to debt collections and what the OFT considers unfair. I have enclosed an excerpt from page 5 of the guidance which states:

 

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

 

2.8 Examples of unfair practices are as follows:

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

Whilst the account remains in dispute (for clarity, the lack of a compliant credit agreement is a very clear dispute), under section 78(1) of the Consumer Credit Act 1974 you may not enforce the agreement. This includes, but is not limited to, the following:

 

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

-You may not add any further interest or charges to this account.

-You may not pass this account to any third party.

-You may not register any information in respect of this account with any of the credit reference agencies. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent (given in the form of a signed credit agreement) will be met with a complaint to the Information Commissioners Office.

-You may not issue a default notice related to this account.

 

Please note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

 

 

What I Require.

 

I require that you send me a clear and legible true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist.

 

No other correspondence will be accepted, and should you commence telephone contact again, as previously written to you that all correspondence is to be in writing only this will be a clear indication to me that you have chosen to ignore my reasonable request. I will then report all harrassment details to the relevant authorities.

********************

 

I think i would be happier in just sending this final letter as it explains fully the reason of my not paying as the account is clearly in dispute.

 

AM I doing too much, you start this and then end up thinking is this then too much for me to handle, sorry not been well this week and my resolve is a little hazy

 

will be back later to your final comments

 

thanks maz

 

[angel_1]

hiya all and especially HH - i do take on board your comments thanks

 

i have sent appropiate letters that are within the legal and reasonable requests the law affords us

 

i do feel better for now.

 

should it go to court i can show i was reasonable

 

anyway will update you when i get any next replies

 

keep happy ciao laters maz;)

[angel_1]

hello sexon

 

welcome to our madhouse, no seriously, im happy you dropped firstly onto my thread,

 

get to learn a bit around the forum and you will get good info

 

you then can start your own thread or threads one for the mastercard and the other for the loan you then can get info on each aspect you want answering

 

you do have to allow them the 12+2 days to send the info, im not sure about the loan aspect and also as it was over 25,000. im sure others will advise

 

take care and shout if you get stuck ciao for now maz

[angel_1]

hiya lexis

 

sometimes i cant sleep you know how it is i finally get here on the pc after my dd has done her college work and i just drift on and read and get engrossed in so many threads, im thinking in a strange kind of way its making me more knowledgeable and less worried

 

i was up at 7

 

off to a volunteer meeting now so catch up laters ciao for now hope you are doing okay

 

ciao take care too MAZ:D

[angel_1]

hello all

 

welcome to those of you newbies who have subbed, i do hope my thread is of help and it makes sense, cos if it does pls let me know lol

 

anyway, a bit of an update after my latest mad letter, it appears they have now understood or decieded that im complaining,,,oh only took them a few months to realise that, but anyway i think they have finally got the message so will awiat on the latest reply from them and let you know,

 

i will see what their next move is now, keep happy and chill, ciao for now maz

[angel_1]

No Comment.

 

 

plsllslslslslllllllll pls can i just say "Get me Outa of here"......;lol

 

 

 

off to bed have a fun day ciaooooooooooooo maz:grin:

[angel_1]

hiya update

 

they have sent a final letter i need to go the fos

[angel_1]

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?

[angel_1]

update on this

 

bumping up as need advise pls on my previous post

 

my daughter took a call today and they told her a number for me to call them back,

 

im upset that they have manipulated my daughter to be used as my PA, when they have already had a letter in the past to discuss all in writing to me and from me,

 

i think i need a strong letter in responce to this and also should i mention info being sent to fos too, will now post on monday

 

and no i wont be calling them back, im looking to see if i can find my previous letter so i can include this to all and also maybe now a direct complaint to ts and oft?>??

 

many thanks im off to do a coffee and i will be here for a few hours

 

ciao maz

Edited November 30, 2008 by maz1964

[angel_1]

Hi

must jus pop in to comment.

I believe ignoring is not the best policy, I would not wish to be ignor-ant.

Any creditor legit or not will appreciate correspondence over silence, even when it makes em fume! (I've had to chase debts sometimes)

Communication keeps the world turning.

When I have tried ignoring creditors things jus seem to get worse

and when I've communicated it all feels better even if its not!!

Clear the head--get on paper

Cheers

 

H & H

 

 

hiya H & H

 

i really did take your advice and i got then the Final letter, lol

 

so there is me up for a good communication and i got stopped in my tracks so to speak .... this is funny

 

oh well onto the fos i guess now unless all you kind caggers can now advise on my previous couple of posts

 

have a fun day ciao for now maz

[angel_1]

many thanks Sunflower,,,,how are you okay?

 

im just so cross today, im fired up to doing anything in writing of course lol

 

ll wait on the experienced caggers like you say we are pretty new to all this

 

take care and cya soon ciao maz

[angel_1]

HIYa LEXIS

 

oops sorry caps,,,i got interrupted a friend just called was thinking of posting you a message actually thanks for the bump

 

yes im off for the rest of the week, and will be putting my cases to fos

 

i was advised by cb on another of my threads i think the alliance/leice if i recall but anyway

 

have a look at my monument thread,,,so excited,,,,,,,

 

sorry to divert you all but pls take a look,,,,,,,

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167979-cca-monument-my-journey.html

 

 

ciao for now maz will update you tomorrow on this thread

[angel_1]

hiya sparkie and godmother,

 

how does this make is possible for us to check how they have applied the interest

 

thanks for the info by the way im still learning along the way

 

ciao for now maz

[angel_1]

hey Godmother great minds think alike...lol

 

many thanks sparkie very much appreciated ciao maz

[angel_1]

hiya Sparkie

 

i can see what you are now saying, my head hurts though, but of course its like when you say save, you earn more interest on the compounded part, so interest on interest,

 

is my reasoning becoming a bit clearer, for myself, all i know is that if they have done this, of course the debt increases as months go, as interest is put on interest,

 

so something i must get clearer on, wont havemy pc for the next couple of days but will be back later in the week

 

many thanks def food for thought, i love learning all about this stuff,

 

thanks, done you a tickle...ciao for now maz

[angel_1]

hiya all just a bit of update

 

i got a letter stating that they will sell my debt of one of my lower mbna cards if i dont contact them by the end of jan as they have tried to assist me in the past 6 months - what with the shoddy copies of the cca and then stopping me with my complaint and told me to go to fos, who i think wont do anything now ive read loads of threads

 

so my dilemma is now ask to view the copy of the cca agreement myself so i can sure they have a fully executed agreement,

 

or let them default me and sell the account on

 

or how if anything should i do right now ?

 

many thanks i feel time has come to take the bull by the horns on this one now

 

 

catch up laters angel x

[angel_1]

well a bit of a update

 

received a dn from them, i will try and post up tomorrow now

 

as id sent them a letter again only in writing and complained about calls

 

they have now sold my debt on, and this is the end of the matter as far as they are concerned and to go to fos

 

well i think that must be my priorty tomorrow

 

however, i hope anyone else has any other ideas, would appreciate it [b]The Front copy of cca is in post 94[/b]

 

off to bed now but be back bright and early in the morning

 

good nite all laters angel x

Edited February 27, 2009 by angel_1

[angel_1]

hey after the day ive had, as you both know lexis and GM huge thanks

 

i m happy with anything with ALCOHOL in it,,,,

 

later dudes angel x

[angel_1]

oh lexis that takes me back 10 years,,,lol

 

angel x:lol:

[angel_1]

hiya underdog

 

many thanks for this , i did see it on other threads and now finally got around to mine

 

i understand this better now thanks

 

by the way one of mine been defaulted, terminated i hope cos its gone to a dca and now lewis,,,, so what happens now if i dont pay them anything, we go around and around the circle,,,,oh they would like my 10.00 for info,,,not likely oh dear,,,,

 

laters guys angel x

[angel_1]

hy underdog

 

that actually might buy more time and could in fairness see if they actually send the same document through,,or if its funny in any way we can look at this in more depth

 

im going by memory now cos i have to do dinner

 

but yes, after default from mbna,told me would be selling debt i think the letter from lewis has this little bosx saying notice of assignement with an amount owed

 

i suppose no harm in requesting cca that would really be interesting,,,,hmme

 

will be back later,,,,thanks angel x

[angel_1]

hiya all

 

am a bit confused,,,cos are cl finance and lewis group entwined,,,cos different letters arrive with diff names

 

so im thinking they are i think ive read they are

 

 

so as ive had a letter telling me that they will send out a person to visit so they can then inform their legal team and im to take it very very seriously,,,,

 

should i -

 

1. send a no visit to my home letter, no phone calls and only in writing..

 

2. Do not acknowledge any debt to their company, and what letter do i send?

 

3. or is a letter requesting my cca with 1.00 enclosed from this company now appropiate?

 

4. a previous letter did say i could send 10.00 for all info they hold on me,,,but ,,,,,,,,, rather do the cca route if that is more appropiate

 

what other info you need pls ask as this is my first dca so unsure still of proceedures,,,

 

am out for a bit will be back laters thanks angel x

[angel_1]

hiya citizenB

 

many thanks for your speedy reply and clarifications

 

so i will scan the letters when i get back in later today

 

just to update you this is one of the mbna ones that ive disputed with mbna about it not being clear copy of what they sent me of the credit agreement, which they just responded i had to send to fos,,,but i havent as yet,,,

 

,maybe i should say that this is still my dispute with mbna that what they have provided cannot be read legibly and am still awaiting on a clear and legible copy.....would this still render it as Being in Dispute? thanks

 

if so, then of course will act on that letter you linked me to,,,

 

speak later today cheers angel x