CCA REQUEST TO MBNA my journey by Maz

[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

[underdog13]

Ditto, Angel. As long as it's not meths:p

[lexis200]

I wonder if Calpol would do the trick. I'm all the way upstairs and the booze is all the way downstairs. It's a very long way when you're tired:)

[angel_1]

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

 

angel x:lol:

[sunflower99]

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

Same here angel! anything with alcohol fine with me! Snap ive just received a MBNA default notice as well:eek:

[underdog13]

Very interesting info from PT on another thread - hope he won't mind me pasting it here, just in case anyone missed it:-)

 

let me expand slightly

 

The law as we all know requires a "A term stating the rate of any interest on the credit to be provided under the agreement"

 

So on the MBNA agreement it says £1000, £3000 & £5000 yes?

 

and under each amount of credit it says the various rates , Yes?

 

So what if your credit limit isnt there?

 

What if your credit limit was £10,000? £15,000 ???

 

there is nothing within the agreement to qualify the rate of interest if your credit limit isnt set out on the agreement? with me so far?

 

So MBNA may try and argue that the full details are found in a set of terms and conditions somewhere which we dont know about blah blah blah

 

Well that angle fails at the first hurdle as the Agreement Regulations , at Reg 2(4) requires all this info to be set out as a whole and not interspersed with other info so it cannot be set out elsewhere

 

so if your credit limit was different to that stated on your agreement KERCHING:wink:

 

does that help???????????????

Edited March 20, 2009 by citizenB
put quote marks round text :)

[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

[underdog13]

Have you thought of sending another CCA request to DCA? Might buy you some time if nothing else - might even turn up a different agreement;)

 

Did MBNA write informing you the account was to be sold, or did the DCA just pop up out of the blue?

[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

[sunflower99]

Hi Angel

Just popping on here to see how you doing! That sounds a good idea to cca lewis and will be very interesting to see what they come up with! Dont you let those **** get to you Luv from sunflower:)xx

[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

[citizenB]

hiya all

 

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

 

Apparently there is a link between these two.

 

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..

 

Yes, send letter for no visits

 

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

 

Is there any chance you can either type up exactly what is in the letter or scan it in ? You certainly dont want to be acknowledging a debt to them so yes head your reply with I do not acknowledge any debt to your company.

This link will take you to a letter you can send

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute.html

 

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

 

Have you already requested a CCA from the original creditor ?. If so, then you dont really need to request it from this crew.. A letter advising that the account is in dispute with the original creditor and you are surprised the account has been passed on to a third party should suffice.

 

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

 

You only want to send a SAR request to the original creditor. It is unlikely they would pass over much paperwork to a third party so you will get nothing of any value from the DCA

 

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

[summerbreeze]

Hi Angel

I was referred to your thread by Lexis

 

OH has also an application form with illegible T and C

 

The application bit is legible but the T and C that are on a seperate sheet but are ' supposed ' to be on the back are 95% illegible.

How can that be if they were scanned or photo copied at the same time ?

 

They have informed me that this is the best they can provide and they have fulfilled their obligations under S78.

 

Now threatening to get the ' legals ' in

[angel_1]

hiya summerbreeze

 

sorry for my delay in responding got that many threads, lol

 

im going to give you a link cos there is that many probs with mbna they are truely horrible mine have been sold on to dca's now

 

arghhhhhh

 

anyway will link you something in a bit for you to look at laters okay

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196098-mbna-agreements-application-forms.html

 

laters just for viewing for the time being, but it shows what others here are getting and going through

 

laters angel x

Edited April 27, 2009 by angel_1
added the link for viewing

[sunflower99]

Hi Angel!

Just popping on to see how you are getting on! I am glad you are still giving them a good old fight:DKeep your chin up! Luv sunflower:)xx

[MRS_P]

bumping and subbing, what's the latest on this, good thread!

[angel_1]

HELLO ALL

 

sorry caps on,,,, not shouting,,,,

 

been offline a while and i must tell you just the usual threats from these

 

but in a few weeks time i will be back on the case, so to speak,

 

so will update you all then

 

have a fun day and thanks for looking in

 

laters angel x:)

[lexis200]

Hello!!!!!!!!!!!!!:D:D

 

I was wondering where you'd been!

 

Everything ok I hope?

 

Lexis x

[underdog13]

Nice to see you back, Angel:)