All MBNA Caggers Fight Against MBNA's underhand tactics

[angmarie]

Hi

 

On ce you request a CCA they go into default after the 12+2 days. in simplistic terms, that menas they cannot ask for any payments from you, not should you give them any. Neither can they charge interest. There is whole load of other stuff that they can't do, such as inform 3rd parties (yes, that includes credit reference agencies).

 

So, if this happens, enjoy the relaxed break. If they try and ask for money, etc, etc, just keep a record and use it later, if needed.

 

For example, I have a dispute where I have in writing an admission from a credit card company (not MBNA) that they do not have a true copy of the original consumer credit agreement. But they still as of yesterday emailed me 10 times, asking for payments. That is unlawful, but i am happy to let them keep writing to me like that because if, in the unlikely event that this goes to court, they are going to look pretty stupid. The company, by the way, is CapQuest debt collectors who purchased the alleged debt from Egg.

 

So don't seat if this happens to you-give them enough rope and they will hang themselves! They were so angry yesterday when i gave them my new address in Taiwan and said all correspondence should be sent there. Anything sent to my old address in the UK will be sent back to them. WOW! I got email after email asking me to explain why i would not accept anything sent to my old address in the UK.

 

Maybe my logic is ruthless, but i simply explained, well, I live in Taiwan now.

 

OK, on to MBNA now. After several years of fighting they sold the debt to those lovely people as Lowell's who operate as a debt collection agency.

 

I was getting nowhere with them either so i decided to get the CCA and duly sent my cheque for a quid.

 

I got a letter last Friday saying that the agreement was so old, they no longer had a record of it so the whole debt was written off.

 

Get me the champagne, I just saved GBP10 500!!!

 

 

Great result:D When did you take card out please Hubbies was 1995, hope we that lucky.

[alisindebt]

Hahaha

 

Hope this is your lucky day, because i got the card around 1999. If they have no records from then, then I am sure they won'y have records of your hubbies, which was 1995.

 

To make sure, do the CCA request letter, there is a simple template letter to use here on this site, and you send them a cheque for one pound to cover costs.

 

Just note, mine was done in an around about way as the card was sold to MBNA, then it was sold to a debt collection agency, the lovely people at Lowell's. I suggest writing to whoever is hounding you for payment.

 

No agreement means no enforcement. Remember, they may still write asking for money, but you have to do nothing. just store all the letters and emails, keep electronic copies and if they ever attempt court action, you have a ready made defence.

 

Easy peasy.

 

Now go and have a cup of tea, realx and then send off your letter and cheque by recorded delivery.

 

Sleep well tonight.

 

Great result:D When did you take card out please Hubbies was 1995, hope we that lucky.

[angmarie]

Alis:lol:

 

Thanks so much for your response, I sent of my SRA and CCA request on 23rd June 2009. They responded by letter informing me of a £4.00 charge per statement.(there was no mention of cca request). I wrote back and told them not to be so silly the required fee as I understand is £10.00 which was enclosed. This was only sent on the 2nd July 2009 but as far as my original request goes dated 23rd June 2009, im wondering whether to send this months payment because they should have responded by 5th July:). I dont think I sent £1.00 though and they have not responded to ask for payment so could they say they could not process without £1.00 and im at fault.

 

However, they have not phoned during last few days so maybe they cant find cca, knowing our luck they will lol.

 

So basically apart from silly letter £4 per statement ive heard nothing:rolleyes:

 

Case of wait and see I guess, good luck to you though will keep you posted.

 

Ang

[alisindebt]

Hi

 

It costs 1 pound for the CCA and 10 pounds for the SARS, so you shoulkd have paid 11 pounds. The 4 pounds they mention is a lad of rubbish.

 

If you only sent 10 pounds, they should send the SARS but they have 40 days to do so.

 

The CCA is to be sent in 12+2 days, personally i always allow a little extra time.

 

Therefore, send a cheque for one pound ASAP recorded delivery, explain it is for the CCA tru copy, enclose a copy of your fist letter.

 

Until 12+2 days pass, keep up your normal repqyment.

 

thenis they cannot give you a copy of the CCA they are in defualt after 12+2 days and the acount is in dispute. the they cannot ask from money, nor should you pay them.

 

Alis:lol:

 

Thanks so much for your response, I sent of my SRA and CCA request on 23rd June 2009. They responded by letter informing me of a £4.00 charge per statement.(there was no mention of cca request). I wrote back and told them not to be so silly the required fee as I understand is £10.00 which was enclosed. This was only sent on the 2nd July 2009 but as far as my original request goes dated 23rd June 2009, im wondering whether to send this months payment because they should have responded by 5th July:). I dont think I sent £1.00 though and they have not responded to ask for payment so could they say they could not process without £1.00 and im at fault.

 

However, they have not phoned during last few days so maybe they cant find cca, knowing our luck they will lol.

 

So basically apart from silly letter £4 per statement ive heard nothing:rolleyes:

 

Case of wait and see I guess, good luck to you though will keep you posted.

 

Ang

[the_shadow]

 

So basically apart from silly letter £4 per statement ive heard nothing:rolleyes:

 

Case of wait and see I guess, good luck to you though will keep you posted.

 

Ang

 

Ang,

 

Are they claiming the £4 per statement due to them having to retrieve from Microfiche?

 

S.

[Hussy786]

Hi All

Thank you for your kind and informative replies. I jst noticed that i did not send them any fee nor kept the record (recorded delivery) of the letter sent to them.

Shall I write again enclose a quid and keep the record? I assume so so to make it legal) . Secondly they have mentioned in the letter just thank you for your letter .the information you requested is

your balance.figure

arrears.figure

ineterst rate :34.5%

payment protection: no

So as i dont have the proof of the posting of letter (CCA Request) shall i write them again with postage proof?

please reply

[the_shadow]

Hi All

Thank you for your kind and informative replies. I jst noticed that i did not send them any fee nor kept the record (recorded delivery) of the letter sent to them.

Shall I write again enclose a quid and keep the record? I assume so so to make it legal) . Secondly they have mentioned in the letter just thank you for your letter .the information you requested is

your balance.figure

arrears.figure

ineterst rate :34.5%

payment protection: no

So as i dont have the proof of the posting of letter (CCA Request) shall i write them again with postage proof?

please reply

 

Does the letter from them acknowledge that it was a request under s78 of the CCA, if it does then no you dont need to send anything again, your proof of posting is in the response from them.

 

If it doesnt then in my opinion you will need to request under s78 of the CCA and enclose a £1 po.

 

If they are claiming £4 for microfiche copies of statements thats piffle and you can use the ICO's response to Barclaycard saying the same thing.

 

S.

[Hussy786]

Hi

Can anyone send me a link to the CCA request letter template . I cannot seem to find it

please help

[the_shadow]

Hi

Can anyone send me a link to the CCA request letter template . I cannot seem to find it

please help

 

 

The Consumer Forums - Debt collectors

 

Letter 8, amend, print dont sign your name, include a £1 PO and send.

 

S.

[Hussy786]

Hi Shadow

 

Thank you for your reply. I am not sure probably it does not (as letter is at home and i am at work).

So if it does not then i need to write them again and keep the postal proof? That is what i gather from your kind reply.

Could you please provide me the link or copy of the letter (template) please ?

I shall be grateful to you for this kindness.

best Regards

[Hussy786]

Thank you Shadow before i even posted the request again and there was template .......Thank you so much

[lexis200]

Hi

 

On ce you request a CCA they go into default after the 12+2 days. in simplistic terms, that menas they cannot should notask for any payments from you, not should you must yougive them any. Neither can they should theycharge interest. There is whole load of other stuff that they can't do shouldn't do, such as inform 3rd parties (yes, that includes credit reference agencies).

 

So, if this happens, enjoy the relaxed break. If they try and ask for money, etc, etc, just keep a record and use it later, if needed.

 

For example, I have a dispute where I have in writing an admission from a credit card company (not MBNA) that they do not have a true copy of the original consumer credit agreement. But they still as of yesterday emailed me 10 times, asking for payments. That is unlawful unethical, but i am happy to let them keep writing to me like that because if, in the unlikely event that this goes to court, they are going to look pretty stupid. The company, by the way, is CapQuest debt collectors who purchased the alleged debt from Egg.

 

So don't seat if this happens to you-give them enough rope and they will hang themselves! They were so angry yesterday when i gave them my new address in Taiwan and said all correspondence should be sent there. Anything sent to my old address in the UK will be sent back to them. WOW! I got email after email asking me to explain why i would not accept anything sent to my old address in the UK.

 

Maybe my logic is ruthless, but i simply explained, well, I live in Taiwan now.

 

OK, on to MBNA now. After several years of fighting they sold the debt to those lovely people as Lowell's who operate as a debt collection agency.

 

I was getting nowhere with them either so i decided to get the CCA and duly sent my cheque for a quid.

 

I got a letter last Friday saying that the agreement was so old, they no longer had a record of it so the whole debt was written off.

 

Get me the champagne, I just saved GBP10 500!!!That is fantastic, well done for keeping on keeping on:D

 

AFAIK (and I've been trying to find some for months now and asking anyone who'll listen) there is no actual legislation around stating that they can't do any of the above. They mustn't enforce (take court action), but the rest is only OFT guidelines on how they should behave, not how they must. I don't agree with it as I consider threatening defaults etc enforcing, but it doesn't seem that this is the case.

 

That doesn't change the fact though that it is well worth taking note of any time they do carry on regardless as it all adds up to harassment, keep anything they send you (including envelopes), and definitely remind them of the OFT guidelines as they should damn well be sticking to them.

[alisindebt]

If you are unsure of whether they got the letter, etc and you did not send a payment, start over again to make sure. They have to respond in 12+2 days anyway. Send a postal order for one pound with this letter (do not use cheques or use your real signature, they have been know to cut and paste signatures onto CCAs, so use something obviously different to you usual signature):

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx

YOUR REF: xxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

For the sake of clarity, may I also draw your attention to the following:

Consumer Credit Act 1974 s.175

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original signed executed credit agreement

2. FULL Statement of account

3. Copy of the executed deed of assignment from (original creditor) and (DCA)

4. A fair processing notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Hi All

Thank you for your kind and informative replies. I jst noticed that i did not send them any fee nor kept the record (recorded delivery) of the letter sent to them.

Shall I write again enclose a quid and keep the record? I assume so so to make it legal) . Secondly they have mentioned in the letter just thank you for your letter .the information you requested is

your balance.figure

arrears.figure

ineterst rate :34.5%

payment protection: no

So as i dont have the proof of the posting of letter (CCA Request) shall i write them again with postage proof?

please reply

[angmarie]

If you are unsure of whether they got the letter, etc and you did not send a payment, start over again to make sure. They have to respond in 12+2 days anyway. Send a postal order for one pound with this letter (do not use cheques or use your real signature, they have been know to cut and paste signatures onto CCAs, so use something obviously different to you usual signature):

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx

YOUR REF: xxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

For the sake of clarity, may I also draw your attention to the following:

Consumer Credit Act 1974 s.175

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original signed executed credit agreement

2. FULL Statement of account

3. Copy of the executed deed of assignment from (original creditor) and (DCA)

4. A fair processing notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Alis

 

I sent of £1.00 cheque with copy of original letter for cca, sent cheque cause account is hubbies, so if there's any Blue Peter tricks that would be very interesting:grin:.

 

Ang

[Hussy786]

Hi

Thank you so much. They called me yesterday and demand payment and while i was on the phone i said to them would you please write off my debits as i am unable to pay> I probably have paid you more than i owed (If you minus 35% interest and charges and fees etc)

and now they asked me they will send me income/expenditure form and will like a arrangment long term (12 months) the bare minimum i could pay.

If i am being truely honest after expenses against my income i left with negative balance.

I am planning to request CCA tomorrow (exactly as you all advised) but scared as well if they have my B****y signature some where lol.

Please a swift response to this will highly be appreciated.

Thanks all of you you all have given me hope to live before that i was suicidal and have not slept for ages.

since I came to know this forum I feel hope.

Thanks

[alisindebt]

Good thinking! You have to think like they do! Expect dirty tricks and play dirty also.

[Hussy786]

Sorry Alis

 

Was that response for me or Ang?

If it was for me i did not get it lol

[alisindebt]

Hi

 

MMMmmmmmm I had so many replies, maybe I sent it the worng person! Hahaa.

 

Well, its 6pm here in Taiwan, so maybe time to stop typing and calm down with a beer! Maybe I will pay with my Egg crad-just kidding! Hahahahaha.

 

Sorry Alis

 

Was that response for me or Ang?

If it was for me i did not get it lol

[angmarie]

Hi

Thank you so much. They called me yesterday and demand payment and while i was on the phone i said to them would you please write off my debits as i am unable to pay> I probably have paid you more than i owed (If you minus 35% interest and charges and fees etc)

and now they asked me they will send me income/expenditure form and will like a arrangment long term (12 months) the bare minimum i could pay.

If i am being truely honest after expenses against my income i left with negative balance.

I am planning to request CCA tomorrow (exactly as you all advised) but scared as well if they have my B****y signature some where lol.

Please a swift response to this will highly be appreciated.

Thanks all of you you all have given me hope to live before that i was suicidal and have not slept for ages.

since I came to know this forum I feel hope.

Thanks

 

Hussy

 

Hold in there, request your cca and send £1.00 first, if they respond within 14 days and it is signed original agreement post it on here and some one with experience will look at it for you. If it is enforcable then send SAR request with £10.00 for all your statements (they have 40 days to respond). Add up all charges and post on spreadsheet in library then submit request for refund.

Bob's your uncle and Fanny's your Aunt

Most of all keep reading this forum is fantastic, does give you brainache though:lol:

Take care, chin up

 

Ang

[Hussy786]

Awww

 

You lucky devil

I bet it is warm in theat part of the world.

Enjoy your drink lol

[Hussy786]

Hi Ang

 

Thank you so much. I am so grateful and what is Subject Access Request? Is it the charges they they have been applying for?

I may be rich the interest alone in this month s statment is 198.65

Lol

Thank you again

[alisindebt]

Fully agreed.

[alisindebt]

Hahaha, boiling hot. Actually, they cannot chase debt s from the UK here but the banks in the UK are so corrupt that I do this just to help others and lead by example.

[Hussy786]

Hi Ang

I just saw Watch out, there are Claims Touts about! Watch out, there are Claims Touts about!

there are few companies on the site i was contacting everyone for help who askfor £295 to get all sorted has anyone used those?

I know doing it on your own will save you money but if i go in trouble with my creditors what i shall do ?

Any info on this subject lol

[Hussy786]

Hi Alis

 

To be honest 13 years ago I came to this country and worked 2 jobs and never been unemployed ever but never managed a day i could call my own. I work X mas diwali whatever and struggle to buy necessities even.

Simple reaosn every week i am overdrwan and bank keep applying charges and keeps me overdrawn as soon as the wage comes they deduct it .they dont pay DDS and those companies charge me for failed DDS as well. This is like a vicious circle

This is going on for a decade ,

Before knowing this Forum i was loosing faith on humanity and British justice but now I am seeing the light although scared that i might have signed something lol

as these cards are 8 years old and cannot remember lol:lol: