mymoneybackmick /mbna credit card

[mymoneybackmick]

Hi, to everyone.

 

I have recieved responce from mbna ,after sending cca request ,the cca does not apear to be enforcable (taken out 1997)

have also requested sar,so i can claim back my charges.

 

How do i stop them from putting default on my credit file,after i stop paying.

having read through the various threads,it seems they will pass debt onto a dca,then default but not take you to court if the cca is not enforcable.

 

Can i take them to court to declare cca unenforcable

if so how much will it cost.

is this action advised?

 

Any responce much appreciated

Cheers Mick

[AA99]

Hi Mick

 

Go into the Debt Action Group forum, directly then to the MBNA one, and you will see a lot of useful posts there, including my own thread, Good Luck!

[SOD'EM]

Hi, to everyone.

 

I have recieved responce from mbna ,after sending cca request ,the cca does not apear to be enforcable (taken out 1997)

have also requested S.A.R - (Subject Access Request),so i can claim back my charges.

 

How do i stop them from putting default on my credit file,after i stop paying.

having read through the various threads,it seems they will pass debt onto a dca,then default but not take you to court if the cca is not enforcable.

 

Can i take them to court to declare cca unenforcable

if so how much will it cost.

is this action advised?

 

 

 

Any responce much appreciated

Cheers Mick

 

 

If you are still paying the debt then it's not worth sending a CCA. You still acknowledge the debt and only plan to stop paying it now. That's if I have read your post right. A CCA request is used when you have not heard off anyone or indeed, not had any contact whatsoever regarding the debt. Then you are asking for a copy of the original Credit Agreement.

 

By all means, claim your bank default charges back which you are entitled to. This may take some time. A Creditor will only put a default on your credit file after 8 consecutive missed payments. If you miss one payment, there will be a number (1) on your file. two payments (2) and so on until the eight missed payment. That is when the account goes into default mode and will sit on your file for 6 years afterwards. Even if you clear the debt, you can't get the default notice removed without permission from the company who put the default there. (This will normally be a Debt Collection Agency).

[PGH7447]

If you are still paying the debt then it's not worth sending a CCA. Yes it is and he already has which is why he is asking the question about it being enforceable a lot of agreements from this era are not worth the paper they are printed on. You still acknowledge the debt and only plan to stop paying it now. That's if I have read your post right. A CCA request is used when you have not heard off anyone or indeed, not had any contact whatsoever regarding the debt. Then you are asking for a copy of the original Credit Agreement.

 

By all means, claim your bank default charges back which you are entitled to. This may take some time. A Creditor will only put a default on your credit file after 8 consecutive missed payments. If you miss one payment, there will be a number (1) on your file. two payments (2) and so on until the eight missed payment. That is when the account goes into default mode and will sit on your file for 6 years afterwards. Even if you clear the debt, you can't get the default notice removed without permission from the company who put the default there. (This will normally be a Debt Collection Agency).

 

A CCA is about deciding if the debt is legally enforceable,

you are right in this case about the sar and he should claim the charges back and continue paying to save getting a default, although if there are any charges they will only pay them towards the amount owed and not direclty to yourself

[SOD'EM]

I thought if you was paying a debt, you are acknowledging that it exists and you are liable for it. Therefore the debt is enforceable (regardless of the original CCA).

 

My bad if I was mistaken, accept apologies and all that.

[PGH7447]

You are right in that by paying the debt you are acknowledging it but you can at any time request the agreement and if it is found to be incorrect you are quite within your rights to withold payment or to come to some arrangement with the lender

[mymoneybackmick]

Help wanted mbna taking me to court .they have defaulted me now court letter.

What should my responce /defence be ?

Any help appreciated

[Blossomandebony]

Hi,

 

The best information on how to defend a claim is here: Legal Issues - The Consumer Forums

 

Have a read through a few threads and you'll soon get the idea of what is required.Also, if you want specific help you will also get more help by posting in this forum, (legal issues). Cheers.

 

BAE

[MARTIN3030]

Will move your thread there.