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We applied for cca for 2 credit card accounts with mbna. This was 16 day business days ago and have recieved a normal statement but with the last 2 months transactions on. We opened these accounts in pre 07.

What letter should we be now sending and what should we be waiting for. We have not fallen behind with any payments so we can not be defaulted.

Any advice would be fantastic thanks

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Here's one I was sent by another member a while ago... you may need to edit it a little

Re – XXXXXXXXXXXXXXXXXXX

CCA 1974 Act & Harassment

8th
October 2008

 

ACCOUNT IN DISPUTE - FORMAL COMPLAINT

Dear Sir/Madam

 

Y
ou have failed to respond to my
Statutory Request
to supply me a
true copy of a
properly executed
Regulated Credit Agreement in relation to the above alleged account
.

 

On 16th September 2008 (Letter sent Recorded delivery / Signed by MBNA on 18th September 2008 ), I made a formal request for a
true copy
of the Agreement for the alleged account under
C
onsumer
C
redit Act 1974 s78(
1
). A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such
you were in default of my request on
6th
October 2008.

 

The document that you are obliged to send me is a true copy of the
properly executed
A
greement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be fulfilled before
you enter
This limit has
expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a
Statutory Request
for a true copy of the said
A
greement and other relevant documents mentioned in it, failed to send a full statement of the account and
f
ailed to provide any of the documentation requested, consequentially, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall
C
ounter
-
C
laim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a
S
tatutory
N
otice under section 10 of the Data Protection Act
1998
to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

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

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Harassment

 

Since 7th August 2008 you have continuously bombarded me with letters, dated – 07/08
/
2008, 08/08/2008, 13/08/2008, 21/08/2008, 04/09/2008, 10/09/2008 and 17/09/2008.

 

In the event that you intend to escalate the above letter Harassment to include Doorstep calls by your Employees or your Agents, please be advised that under the Office of Fair Trading (OFT) Rules, you can only visit me at my home if you make an appointment, I have absolutely no wish to make an appointment with you. There is no need, as Written Communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees or Agents or Representatives to visit me at my property and, if any of the above does so, your Company will be liable to Damages for a Tort of Trespass and Civil Action will be taken.

 

Legal Action

 

I reserve the right to report your actions to any such regulatory authorities as I see fit, and take such legal action for any of the following infringements of my civil liberties – Court action will be any or all of the following - Harassment, Distress and Trespass and any other unlawful activity that you see fit to
engage
in.

 

What action you must take now

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Hope this helps !
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