MBNA - Virgin - unenforceable credit agreement- where do i start?

[Smileylady1981]

Hi all

 

Forgive me, newbie here . I dont know if anyone can help me out? I own a virgin creditcard that was obtained jan 2007. I am looking to apply to virgin/mbna for my original credit agreements and see how i go from there with regards to investigating unenforceable agreements.

I just wanted to double check whether letter 'n' in the library really is the best letter to start with there are lots of referrals to clauses etc that i really dont know anything about and no dates mentioned (eg if they dont comply-when they go into default etc)

 

Has anyone had any luck/serious trouble when they attempted to do this with this creditor??

 

I really want to get this right in my head before i start down this road, in case anything goes wrong down the line with them.

 

ooh also ,this probably is the worst question lol, but who do i send it too? i dont mean specifically (unless you really do know lol) but is it just a case of special delivery plus postal order to wherever my bills come from or is there a manager i should be looking for etc.

 

Thanks again

 

Smiley:oops:

[PGH7447]

template n is the cca request, cost £1 send it recorded to whatever address is on the statements

 

you can request a cca anytime

[moneytalks237]

Hi Smileylady1981,

 

I think we're in the same boat! I was approached by an agency who said that they would look at my agreement with Virgin and see if the credit agreement was unenforceable - they offered to do this for a few hundred pounds. I then came on here and have read that I should ignore the agencies and do it myself.

 

Like you I think the best place to start is with the original agreement, I believe template N, although I could do with reassuring because the agency that approached me said that the whole process was based on potentially incorrect interest calculations...and I'm not sure how I will work this out from the agreement as I don't have the last 3/4 years worth of statements.

 

So if anyone could advise myself and smileylady1981, I'd be very grateful?!

Edited January 13, 2009 by moneytalks237

[PGH7447]

moneytalk - you need to send a sar to the original creditor for your statements

[Smileylady1981]

Hi PGH7447

 

Thanks for the reply! Im gonna send the credit agreement request letter to virgin tomorrow and see what happens. From everything ive read looks like they have around 42 days all in all to comply before they completely default??

 

>>>>Hi moneytalks!

 

Its so nice to hear someone else is thinking /going through the same stuff at the same time

From what ive read or been told , the basis of starting the ball rolling is by checking first your card was opened pre april 2007, then if yes sending letter N to your credit card billing address, i think they have 12 days to send them to you before they enter a kind of default stage or something like that...and then a further 30 days to comply before they are actually breaking the law? If they do send them to you , this is when you look at wheteher its signed, if certain details are missing etc.

 

Its worth having a look at the letter 'n' template..and looking at the sections it mentions..(i think 77 and 78? etc) then searching for a copy of the consumer credit act 1974 either in here or the net. Once you can see a copy online, have a look at the sections it might help to make it a bit clearer about what it is that you will actually be contesting/checking. I did it today and it helped me

 

I would definitely look at getting the credit agreements before the subject access request as i think you have to do the credit agreement request first before you can get the subject access request anyways...although im in now ay a legal or financial mind or expert at all so i would definitely research a bit until you feel comfortable and ready to start off

 

Hope this helps, sorry its a bit vague. Ill let you know how i got on...It would be great if you could do the same. At least then we can help each other out a bit

[PGH7447]

cca time limit is

 

12+2 days then they are in default - he 30 day rule no longer applies

 

cca is for the agreement only and costs £1

 

Subject Access Request time limit is 40 days and costs £10

 

sar is for the whole shebang, agreement and statements etc

 

geberal rule is cca for any DCA that may be chasing, sar is for the Original creditor

 

send everything by recorded mail, do not sign any letters, and never ever talk to these people on the phone, get everything in writing

[Talbot]

Hi Smileylady,

 

I am fairly new to the site also (just before xmas) and I had the same worries as you. I wouldn't go with any of the companies because reading other threads i don't think they are very successful. Spend some tim looking through various threads to get a feel for what you can expect and achieve. Send the CCA as discussed it can't do any harm as long as your still paying the minimum (as far as i know) then if you stop paying and they haven't sent it to you they can't sell the debt on (they still try though). Hope this helps a little:)

[Smileylady1981]

Hi Talbot

 

Yeah i think you're right...i sent the cca request ( using template 'n') on wednesday, recorded delivery with the £1 postal order. No signatures on the letter lol. So im just waiting now to see what happens.... it'll be interesting to see what happens:)

 

Smileylady

[spooonyboy]

Hello

 

First post on here,

 

I am thinking of doing the same myself, virgin mbna put my rate up to 34.9% in October on 10k. I will be sending my CCA request tomorrow, I have never missed a payment and these robbers should be made to pay.

 

Great site

 

Thanks

[Smileylady1981]

Hi all

 

Just wanted to double check on the 12 day rule...

 

ok so my cca request was signed for on the 15th at the mbna chester address...do i wait 12 working days or 12 calendar days??? as the time is nearly upon me to send the next letter me thinks??

 

Thanks

 

Smiley:)

[charliebubs]

Really silly question - but please can someone link me to letter N ?

 

I have a Virgin and an A&L credit card both underwritten by MBNL and I want to see if they have my CCA's.

 

Thanks so much.

CB

[lee32uk]

Hi all

 

Just wanted to double check on the 12 day rule...

 

ok so my cca request was signed for on the 15th at the mbna chester address...do i wait 12 working days or 12 calendar days??? as the time is nearly upon me to send the next letter me thinks??

 

Thanks

 

Smiley:)

 

 

 

12 working days

[charliebubs]

Really silly question - but please can someone link me to letter N ?

 

I have a Virgin and an A&L credit card both underwritten by MBNL and I want to see if they have my CCA's.

 

Thanks so much.

CB

 

 

I found the letter!! For anyone else looking - here is the link

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

[Smileylady1981]

Nice one Lee32 Thanks for your help!

 

ooh ps guys, what template is the one to use for the second letter ..ie sent the cca request .. if no response..which one should i follow up with?

 

Thanks

 

Smiley

[lee32uk]

I would use the one in post 8 in the thread below.Im about to write my 2nd letter to RBS on friday

Just edit the letter to suit.

 

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/177457-barclaycard-their-response-my.html

[Smileylady1981]

Thanks Lee 32 , Does everyone else think this is the best letter to proceed with ( i.e best letter to send after their failure to respond to a cca request within 12 + 2 days working days)?

 

Could do with your help/opinions as i'm not in any way a financial or legal brain ,so want to make sure all the correct terminology etc is used in the correct way:)

 

Thanks

 

SmileyLady

[Smileylady1981]

Ohh some news guys!

 

Just recieved an A4 envelope in the post ( handwritten address no less?!) and it contains what they say is a credit agreement. Recieved apx 2 days after the 12 + 2 working days elapsed and before i even got to send my second letter.

 

Im off to search through some threads to see if i think its enforceable before i post a copy on here for you guys to have a lil look

 

Smileylady

[lee32uk]

I received the same A4 handwritten envelope too.Did you receive a similar agreement to mine ? (lee32uk v MBNA thread)

 

Im thinking of sending them a letter similar to post 6 in the thread below

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/182281-halifax-cc-agreement.html#post1965980

[AA99]

I have the Information Commissioners Office (ICO) investigating no CCA compliance or SAR, requested in October 2008, from my MBNA Acc.1:) Somebody's heard me

[Seasoned Pro]

Hi guys, I've read through your posts and I'd like to add something to the Unenforceable Credit Agreements chat. I've been through this process, started myself but soon found it too hard.

 

The trouble is the banks know that your are an individual and although the letters say all the right things, they will stall and bluff and try their best to tell you you're wrong and threaten you to pay up.

 

Only when you get a real solicitor involved, does the process start to work for you cos they don't mess around when they have to deal with professionals! Not only that, if you get your detailing wrong and take it to court, they could win over you on a technicality and you'll be liable to pay the loan or card, plus charges, plus interest and plus their court fees.

 

It's a headache and a legal minefield guys, that's why there are firms out there that are covered against this kinda thing - so i'ts worth paying a few hundred quid to get rid of thousands on a card etc... and not be potentially in the firing line as a lone-soldier fighting the bank.

 

Seasoned Pro..

[the_shadow]

I smell TROLL!!!!

[moneytalks237]

Hey Smileylady1981, how's it going? I finally sent my letters off, unsigned and £10 for the Subject Access Request, as I'm not quite sure of the process I figured it would be best to get the full lot! I have had 2 replies from 5 so far. One was asking for my passport or drivers licence for security...immediately dodgy as I'm guessing they want a copy of my signature so not sure what to do there.

 

And Egg have responded to say they will send me the information requested when my next payment goes through! The cheek, I'm sure they can't legally do that as I have never defaulted on a payment with them before and it means I have to wait another 24 days as my last payment has just gone through!

 

Anyway at least the ball is rolling...and if anyone has any advice on 'proof of identity requested' or 'you can wait for your SAR information' then please do let me know.

 

Plus if anyone needs any 'getting started' tips I am now in a place to offer them, only at the very beginning though!

[moneytalks237]

Oh one quetion and obvious to most...

 

If I have sent a Subject Access Request (SAR) do I also need to send a CCA or will the SAR contain the same info? Thank you

[LeeandMel]

Hi Guys. Ive just been readinf through the following posts with great interest.

 

Can someone tell me what this letter template 'N' is though?! I followed one link which took to me a letter but it was talking about mortgage arreras etc so I don think it was the correct letter.

 

Thanks in advance!

[toto003]

Hi Guys. Ive just been readinf through the following posts with great interest.

 

Can someone tell me what this letter template 'N' is though?! I followed one link which took to me a letter but it was talking about mortgage arreras etc so I don think it was the correct letter.

Thanks in advance!

 

usually it is a good idea to start your own thread for questions etc - otherwise you are "hijacking" somebody else's case and it can lead to all sorts of confusion.

 

If you read the thread properly, you will see that there are several template letters all in the one thread. The first post in that thread gives a list of the template letters - and then each individual template is posted down the thread.

 

Template letter "N" is indeed a CCA request template under s77-79 of the Act.