MBNA No CCA but they still think they are right.

[jobmid]

Anyone know where i can find the cca template for MBNA? I have a credit card with MBNA but I think I never signed a credit agreement. I am not looking to steal money from them. I have an issue with them where they say I concented to payment insurance which I did not and say its in the credit agreement which I singed. Which I am sure I never did.

[blue4ever]

HI jobmid

Try the links below they may help you find what you want.

CHEERS B4E

NEVER TALK TO A ---D.C.A ON THE TELE[PHONE

GET EVERYTHING IN WRITING

 

IF YOUR NEW **PLEASE READ**

DUMMIES GUIDE TO THE FORUMS

CAN`T FIND WHAT YOU WANT?-FULL- A-Z INDEX

TEMPLATES

PLEASE DONATE TO CAG ,EVERY LITTLE HELPS

--------------------------------

Any Advice given by me is based on solely on my experiance or opnion. I have no Legal background.

If i have helped in any way please feel free to click my scales

{{{{{{{{{{{{{{{{{{{{{

Thank You blue4ever:grin:

[**Tilly**]

Hi jobmid

 

 

Here is the link, You need to send letter N.

 

 

 

http://www.consumeractiongroup.co.uk...templates.html

 

 

 

 

 

Tilly

[jobmid]

I have a credit card debt with MBNA Ireland which at present I am finding very difficult to pay due to been made redundant about a year ago and entering full time education to try and improve my status in life. I would like to repay this debt but MBNA been MBNA are a very ignorant bunch.

 

I have asked them could I send my payments to thier Chester Office and they have said no. Funny as they send my statments out from Chester with a Chester Return address. I have spoken to people in the past about my account in the chester call centre and they could access it. Now with this debt they never sent me a cca to sign I know this for a fact and in Ireland it is the same as the UK they need a cca to enforce the debt. Does anyone here think I should request the cca? They are making my life hell at present well I havent had a call from them since before xmas but I am sure next week they will start harissing me from thier Chester and Ireland offices again both offices are calling me it quite irrating.

 

Any advice?

[jobmid]

I have found some interesting stuff tonight in the Irish Consumer Credit Act 1995 it gives the consumer even more power than in the UK

 

30.—(1) A credit agreement and any contract of guarantee relating thereto shall be made in writing and signed by the consumer and by or on behalf of all other parties to the agreement, and—

 

( a ) a copy of the agreement shall be—

 

(i) handed personally to the consumer upon the making of the agreement, or

 

(ii) delivered or sent to the consumer by the creditor within 10 days of the making of the agreement, and

 

( b ) in the case of any contract of guarantee relating to the agreement, a copy of the guarantee and the agreement shall be—

 

(i) handed personally to the guarantor upon the making of the contract, or

 

(ii) sent within 10 days of the making of any contract by the creditor to the guarantor.

 

(2) A credit agreement shall contain a statement in respect of the cooling-off period that the consumer—

 

( a ) has a right to withdraw from the agreement without penalty if the consumer gives written notice to this effect to the creditor within a period of 10 days of the date of receipt by the consumer of a copy of the agreement, or

 

( b ) may indicate that he does not wish to exercise this right by signing a statement to this effect, this signature to be separate from, and additional to, the consumer's signature in relation to any of the terms of the agreement.

 

(3) A credit agreement shall contain a statement of—

 

( a ) the names and addresses of all the parties to the agreement, and

 

( b ) any costs or penalties to which the consumer may become liable for any failure by the consumer to comply with the terms of the agreement.

 

(4) This section does not apply to credit in the form of advances on a current account, or on credit card accounts.

 

Hmm they never sent me a credit agreement to sign so looks like this will happen

38.—A creditor shall not be entitled to enforce a credit agreement or any contract of guarantee relating thereto, and no security given by the consumer in respect of money payable under the credit agreement or given by a guarantor in respect of money payable under such contract of guarantee as aforesaid shall be enforceable against the consumer or guarantor by any holder thereof, unless the requirements specified in this Part have been complied with:

 

Provided that if a court is satisfied in any action that a failure to comply with any of the aforesaid requirements, other than section 30, was not deliberate and has not prejudiced the consumer, and that it would be just and equitable to dispense with the requirement, the court may, subject to any conditions that it sees fit to impose, decide that the agreement shall be enforceable.

Bless MBNA's little black heart I think thats why they have been houding me and treating this that an the other no signed cca no money for mbna

 

the full act is here Irish Statute Book, Acts of the Oireachtas, Consumer Credit Act, 1995 I would appeciate any imput you guys can give anything to give MBNA a black eye

[jobmid]

sorry to bother you all again i sent off my cca request and mbna have fallen silent which is a little scary does anyone know a template i can use to say they are now in default of my cca request? i am thinking they have gone quite as they know know i never signed a credit agreement but they could be sneakly passing the account to a dca

[jobmid]

Ok I have been going around the MBNA merrygoround for a long time now. I sent mbna a cca request on 02 Jan by recorded delivery. They finally replied on the 27th of Jan. They had this to say for themselfs:

 

Thank you for your letter dated 2 January 2009.

 

Further to your request for a copy of your signed application please be aware that your application was taken by telephone on the 28 Aplil 2004. Therefore, there is no signed agreement from you. I have arranged for a copy of the terms and conditions of your account to be sent to you under

 

separate cover. .

 

I can confirm that the balance on the above account is ..... and the credit fucilityhas been withdrawn. Due to the level of delinquency your account has now reached it is due to be sold to a third party for collection. I would urge you to contact our Customer Assistance department on to discuss your repayment options, however, please be aware that once the accOlmt has been sold to a third party, MBNA will no longer be responsible for collection of the

 

balance. Customer Assistance department opening hours are Monday to Thursday0900amm2000pm and Friday 0900am - 1300pm

 

I regret any inconvenience that this matter has caused you. We have now exhausted our complaint process;therefore I must inform you that this is our final response on the matter. If you remain dissatisfiedwith the response, you may refer your complaint to the Financial Ombudsman Service, within 15 days of the date of this final response.

 

 

Am I right in thinking they dont have a leg to stand on? No signed CCA request can they enforce this or not? I am sending a complaint to the FSO by next day delivery on Monday.

[jobmid]

anyone they still think they can call me 3 times per day. I have tried and tried to work things out with these blood suckers but they just want my blood.

[Goldlady]

I think the usual rules about CCAs would apply here, but try telling the MBNA that. If you had applied by telephone then there is even more of a case that they should have sent you something to sign and return to them than if you had filled in an application form.

 

Have you sent them the telephone harassment letter?

 

It might actually be better if they do sell it to a DCA. MBNA sold mine to Lowells who soon backed off when they realised there was absolutely no paperwork - not even an application form pretending to be a CCA.

 

MBNA seem to think they are above the law. They are not.

[jobmid]

sent telephone harassement letter they went quite for 3 weeks over xmas then they returned to regular service. i am hoping that the fso might shed some light on this no cca no money for mbna in my opinion. i have tried to come to a payment plan but they always say no. so now i know they dont have a leg to stand on i am going to let them have it as there is no way they can even go near a court.

[jobmid]

what i am wondering now is why do they contiune to presue when they know they have no paper work not even an application form?

[Goldlady]

Which is probably why they are giving you so much harassment - knowing they haven't got a leg to stand on legally. MBNA seem to think they are totally above the law in this country but they are not!!! In the bad old days they even rang my neighbours because I would not answer the phone. My OH was sooooo horrible to them for doing that.

 

Keep fighting. It might be worth sending them another telephone harassment letter just to remind them. And if they do ring just tell them you will only communicate in writing with them.

[Goldlady]

If they had the paperwork they would issue a court claim - simple as that. The next time they ring tell them to take you to court. It sounds scary but if they have no agreement they will not succeed. And it will probably take the wind right out of their sails if you say 'OK, take me to court then'

[jobmid]

I have just been speaking to a solicitor at the community legal advice line

she told me that there had been a ruling when no cca existed then the judge still ruled in favour of the bank saying the person took the money.

Does anyone know anything about this

this is very disturbing as dca's can now claim you owe them money without having a cca to show.

 

[jed52]

I also heard of a case where there was no cca because an unsolicited credit card had been sent to someone through the post, was used and then defaulted on. Went to court and the judge ruled that because the card was unsolicted, the card was a gift. Case thrown out! jed

[cerberusalert]

They are probably refering to the recent case where there was no CCA but the creditors produced a credit card which the debtor had returned to them signed.

 

See http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/179236-tragic-case-judgement-because.html

[Kraken1]

It can happen. Might be referring to the Rankine case, a case where a card was presented, or any other. Who knows?

 

There are more things in heaven and earth, than are dreamt of in your philosophy.

 

The devil is in the detail though. The same circumstances may not apply to you.

 

 

Edit - oopse. others posted before me...

[ScarletPimpernel]

Credit agreements entered into on or after 06 April 2007 are subject to the Consumer Credit Act 2006, which does not require the creditor to produce the original executed agreement to enforce in court.

 

Credit agreements entered into prior to the introduction of CCA 2006 are subject to the CCA 1974, which does require production of the original agreement.

 

Rankine, the case that seems to make DCAs moist, is very different to the majority of situations seen on CAG, not least because the debtor was the claimant in the case.

[jobmid]

my debt is also with mbna who had this to say:

 

Thank you for your letter dated 2 January 2009.

 

'Further to your request for a copy of your signed application please be aware that your application was taken by telephone on the 28 Aplil2004. Therefore, there is no signed agreement from you. I have arranged for a copy of the terms and conditions of your account to be sent to you under

 

separate cover. .

 

I have never sent the card back to them they did get a letter from myself compaing about ppi insurance could this come back and bit me?

[cerberusalert]

my debt is also with mbna who had this to say:

 

 

 

I have never sent the card back to them they did get a letter from myself compaing about ppi insurance could this come back and bit me?

 

Your agreement was taken out prior to 06 April 2007, so no it couldn't bite you. ;-)

[jobmid]

thats a relief i was getting worried altough it has not been passed to a dca yet the case is with the ombudsman. its scary though to see a jude doing this type of thing.

[Kraken1]

imagine what they do in private.

 

Brazilian cleaner 'blackmailed immigration judge after affair' - Crime, UK - The Independent

[paulwlton]

Credit agreements entered into on or after 06 April 2007 are subject to the Consumer Credit Act 2006, which does not require the creditor to produce the original executed agreement to enforce in court.

 

Credit agreements entered into prior to the introduction of CCA 2006 are subject to the CCA 1974, which does require production of the original agreement.

 

Rankine, the case that seems to make DCAs moist, is very different to the majority of situations seen on CAG, not least because the debtor was the claimant in the case.

 

I believe the creditor would still need to produce the signed agreement bearing the debtor's signature for enforcement post April 2007.

[jobmid]

does anyone have a template i can send mbna when they say they have no cca and still want to continue? I have stated a compaint with the ombudsman and they have started to mediate on my complaint so mbna will be hurting soon?

 

.

[jobmid]

does anyone have a template i can send mbna when they say they have no cca and still want to continue? I have stated a compaint with the ombudsman and they have started to mediate on my complaint so mbna will be hurting soon?