MBNA CCA Received. Is it valid?

[Pinky69]

It has the prescribed terms and your signature in the same section and the T&C's are there - I'm afraid it looks enforceable. It's always worth checking the figures to see of they are correct. You'l find interest calculators if you Google.

[Pinky69]

The debt is in dispute if they do not send you a copy of the agreement within 12(+) days but once they have found the agreement the debt becomes payable - the account is no longer in dispute. You can, as you suggest, inform them that you have not received a Notice of Assignment from the original creditor and therefore have no proof that they have any legal right to collect the debt.

[Pinky69]

Offer them only what you can afford to pay. They may refuse a reduced lump sum to begin with but offer you one later. If they do offer you one, get it in writing and make the conditions that they will erase any entry they have made on your credit files and that they will not sell the residue of the debt to any other agency, then pay through a third party - a relative or friend - as proof the agreed sum was paid. You don't need to send then income and expenditure forms - you decide what will be paid, not them. They may mump and moan about it and try to put pressure on you to pay more but at the end of the day they will accept it because they know if they took you to court no court would order you to pay more than you can afford.

[Pinky69]

You need to make an SAR:

 

 

DATA PROTECTION ACT 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

 

Remember to enclose the £10. This does not put the account into dispute but is a request for information.