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    • Hi again.....   You cant kinda give them a Letter Before Claim....it must be the correct format and headed same to comply with the Pre Action Protocol guidance.   It would be helpful if you could scan redact and upload a copy of this last letter/email  you sent with their response.   With regards to your last post its obvious that you dont know the process..which is understandable as most never want to get involved in this process. There is no such thing as Big Court as opposed to Small Claims Court ...should you decide to litigate you will be issuing your claim through the Small Claims Court...which can be don on line.   Have a look at MCOL and get a feel of the web portal   https://www.moneyclaim.gov.uk/web/mcol/welcome   Embarking on this action is not for everyone...but you will be surprised how simple it is without any legal knowledge.   Have a good read of the link I provided above re our other User facing the same dilemma as yourself and see how it runs step by step..in particular look at her Letter Before Claim...that will be your starting point should you wish to challenge this unfair and unjust consumer treatment.   .  
    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
    • No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "   Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.   You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

MBNA No CCA but they still think they are right.


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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.

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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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.

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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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.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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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.

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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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?

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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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.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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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'

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 2 weeks later...

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?

 

.

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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This is an old one but I think it is still valid:

 

Dear Sir or Madam

 

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

 

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account, by [insert date].

 

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act 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 the 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.

 

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember 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 therefore the following applies:

 

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

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

* You may not pass this account to any third party.

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

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

 

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement.

 

Yours faithfully

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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A more recent one I have just spotted on the forums:

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

The document that you are obliged to send me is a true copy of the executed agreement 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. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

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

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

* may not pass the account to a third party.

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

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

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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A more recent one I have just spotted on the forums:

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

The document that you are obliged to send me is a true copy of the executed agreement 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. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

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

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

* may not pass the account to a third party.

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

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

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

many thanks

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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Hi, i have sent this letter (or a very similar one morphed from this site) twice now and now response. Does anyone know of a template to further chase, I have given 28 days to respond and they have ignored merely sent a 'recognition of your complaint' standard letter.

 

Any assistance in this matter would be greatfully received!

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Hi

 

I have also sent CCA requests to various card companys and none of them have supplied me anything remotely representing a signed credit agreement.

 

MBNA have igonored everything I have sent them and in short told me they can do what they like. They also stated that they don't have to supply me with a true copy of a CCA and we've only sent you our current T&C. I'm not expert but I very much doubt that they are the same as the one's I agreed to 15yrs ago and with the current interest rate at 34.9% they can go lick my ar*e.

 

The account is in serious dispute and they are continuing to chase me daily again (thought that had stopped after I told them written communication only) Their tactics seem to have changed somewhat though, because their automated dialing system is leaving messages on my answer phone. (result for harrasment case that will be forthcoming) They are still adding late payment charges, interest etc etc so they are in breach of every guideline they are supposed to follow.

 

If anybody can help with the next steps as apart from ignoring me they are threating legal action now. They just don't seem to accept that they haven't got the credit agreement as I've had the account 15yrs + and are just being a bunch of ar*e wipes.

 

I was just thinking of calling their bluff and telling them I'd see them in court. Good idea or not???????

 

They haven't even bothered to process my SAR application

 

Many thanks in advance

 

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi

 

I'm going to send this letter to MBNA before I start contacting FOS and TS

 

All comments, Suggestions welcome please

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

Dear Sir/Madam,

Thank you for your letter dated 13th February 2009, received 21st February 2009, the contents of which are noted.

I am somewhat perplexed as to why you are considering POTENTIAL COMMENCEMENT OF LEGAL PROCEEDINGS as you have failed to comply with any of my requests for information which in turn has put this account into serious dispute.

I would like to draw your attention to the following so as not to be in any doubt about your company’s lack of compliance with my LEGAL request.

 

On 21st January 2009, and the 29th January 2009, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

The document that you are obliged to send me is a true copy of the executed agreement 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. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

 

· May not demand any payment on the account, nor am I obliged to offer any payment to you.

· May not add further interest or any charges to the account.

 

· May not pass the account to a third party.

 

· May not register any information in respect of the account with any credit reference agency.

 

· May not issue a default notice related to the account.

 

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement.

 

I await your rapid response.

 

Many thanks in advance

 

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Good luck Jobmid - I shall be watching this thread for updates on your case. :)

 

Scrapper - I've replied in your thread.

Claimed bank charges back from First Direct - 2007

Claim pending for bank charges with Alliance & Leicester - 2008

Looking into enforceability of CCA's with MBNA (x2) and Next Directory - 2009

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thanks for all the help and comments guys

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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Share on other sites

If they can't supply the original CCA then they cannot enforce the original debt in court - end of story.

 

:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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If they can't supply the original CCA then they cannot enforce the original debt in court - end of story.

 

:D

 

thats the way i am seeing it as well no cca = no debt in the eyes of the law

 

i was luckey enough to have remebered never signing one and finding CAG when the MBNA treatomatic 1000 fired up

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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Share on other sites

Strictly speaking No CCA does not equal no debt.

 

The debt is obviously still there and you have spent the money etc ;)

 

No CCA = no enforceability of the agreement

 

They will still pester you to pay and probably sell the debt on to a DCA

Claimed bank charges back from First Direct - 2007

Claim pending for bank charges with Alliance & Leicester - 2008

Looking into enforceability of CCA's with MBNA (x2) and Next Directory - 2009

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Share on other sites

MBNAitis with me too. One application form received, the other account they confirm they 'have not been able to send you a photocopy of the original..'.

 

First does not have the prescribed terms the second they cannot produce.

 

Should I SAR and ensure they are not fibbing! or would I be best saving my £10, the orignal CCa request went off in Sept 08, this istaking ages!

 

What would my next step be? Should I compain to FSO? Send further letters to be ignored?

 

If the agreements cant be enforced by the court should I raise a claim for interest and charges, would this 'focus their minds' what I really want is to be able to answer the phone or the door on a daily basis. I offered them reduced payments, they declined. I offered them F&F settlement, they ignored it until very very recently ie 6 months later. I would really like this settled and have no real intention of claiming charges/interest, the debt is already very large and comprises a vast amount of interest at 34.9% now and charges

 

What is the best next step?

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  • 3 months later...

Hi

 

If they have not got a true coby of agreement they can not do anything against you. Write them a final letter and offer them either 3p or 4p (yes 3pence or 4pence) to settle the account for once and all.

DCAs buy the debit at that price worth offering them 10p (still let them make money of you lol).

I amnot being funny my friend but MBNA do not deserve decency . The advice I just wrote above was given to me by one of this site Admin.

Keep smiling

Hussy

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well my case it the the ombudsman now and they even admitted to the ombudsman during the investiation they sold the debt the a dca when the ombudsman told them to put all actions on hold pending the investigation they are now in trouble the the ombudsman and the ombudsman is coming down hard on them

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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Hi Jobmid

That is very great news really. I am sick of their calls and going to ask them to provide me the copy of agreement as they are threatning to pass this to DCA so does the capital one.

If they do not have copies then I am laughing?????

Any tried and tested method to deal with DCAs will be appreciated???

Hussy

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well if the dont have a cca then the debt can not be enforced. MBNA have gone all quite on me since the ombudsman stepped in its been a few months now since I have heard a peep out of them they used to call daily from a private number and I then stoped answering private numbers which led to problems as my job would call me from a private number or if

i had been looking for a new job then all those calls came from private numbers

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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Hi Jobmid

Thank you for your reply. I am waiting for DCA as i have been told to request CCA from them? Is this true?

Any help with this will highly be appreciated.

(Have not asked MBNA for CCA yet or shall I ask them )

I am few payments behind and they have threatened me to be handed to DCA.

Hussy

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