R Vs MBNA

[mercman1969]

Hi Folks,

 

Here is my 1st letter to MBNA

 

12th January 2009

 

MBNA Europe Bank Limited

PO BOX 2001

Chester Business Park

Chester

CH4 9WZ

Dear Sir/Madam

 

Re:− Account/Reference Number

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Here is their response:

 

ZERO RESPONSE

 

Here is my 2nd letter to MBNA:

 

02nd February 2009

 

MBNA Europe Bank Limited

PO BOX 2001

Chester Business Park

Chester

CH4 9WZ

Dear Sir/Madam

 

Account/Reference Number

Re: my request under the Consumer Credit Act 1974

 

I wrote to you via recorded delivery on 14th January 2009 requesting a true copy of my Credit Card Agreement with you under the Consumer Credit Act 1974. To date this request has not been fulfilled. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter dated 14th January 2009.

 

Unfortunately, it would appear my request remains outstanding. As no response has been sent following my request I am unable to ascertain if I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 28th January 2009 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, or administer any further charges to the account. Additionally, you are not entitled to register any information regarding this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

In summary. I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

Here is their response:

 

 

 

 

 

 

 

 

 

 

 

[mercman1969]

Whats my next move please

 

I assume they are sabre rattling

[mercman1969]

I'd send a subject access request, and ask specifically for the consumer credit agreement, as it doesn't look like they have anything.

 

Was this originally with MBNA or did they buy it from another card?

 

Have I not already made this request in either of my 2 previous letters?

 

Is there a template for such a request?

[mercman1969]

Hi Folks,

 

My continued thanks and gratitude to those that assist me in my posts - It is very much most welcome

 

Here is another letter received from MBNA today:

 

 

 

 

 

 

whats their game? Letter as posted above still warranted??

[mercman1969]

My own view is this is a seperate document that they have 'attached' shall we say to the front of my original

Not sure how business reply works - but surely it would have a franking mark where it had been stamped?

 

I cant recall the document - but will hunt for the original - I assume if they have 'attached' it then this is highly illegal and is fraud?

[mercman1969]

Received this today from MBNA

 

 

What is my next move please?

[mercman1969]

Getting 4 or 5 phone calls a day from these now

Am getting a little scared about it all and being to wonder if it is theright thing to do

 

Can somebody please review this thread and console me that I am at the right point and no further action is needed at this point

 

thanks

[mercman1969]

Latest Letter from MBNA

 

 

Can somebody please reassure me that I am still on the right path

[mercman1969]

What is, and how do I post a permalink?

[mercman1969]

Hi Folks,

 

Latest 2 letters from MBNA. "nd one has frightend us a little - is it true?

 

 

 

 

Would appreciate if some kind soul would take a look at this thread to ascertain if it is enforceable and if we are at the correct point with everything in place

[mercman1969]

CB,

 

Many Thanks for taking the time to respond to my multitude of questions, it is greatly appreciated

 

I will send them a SAR letter today

 

your response has eased our fears greatly

 

Regards

 

 

Merc

 

mercman, I have been asked to pop in and give some advice.

 

The documents provided to you are similar to others on the forums and are the subject of much discussion.

 

The 1st page, clearly states Priority Request form and bears no prescribed terms.

 

The 2nd page, it is very hard to believe that the Financial & Related conditions would have been on the form in that position because it would have been visible when returning.

 

The terms and conditions you were sent are current, certainly after 2006 when the OFT made the Credit card companies reduce their default charges.

 

All the other letters you have been sent where they have advised you that you are about to be Defaulted at the CRA and they notice you are a home owner are typical of the scare tactics this American company will use to intimidate.

 

The actions they have stated they MAY take can only be taken if and when they proceed to litigation.

 

If you have stopped payments then it is almost certain that MBNA have started to record late or non payments at the Credit Reference Agencies. You have not received a Default notice which is totally different and a precursor to termination and any further action ie litigation or DCA involvement.

 

I would advise you to send a Subject Access Request to MBNA. They should provide you with information regarding your account within 40 working days. Chances are, they will only provide you with a similar copy of the agreement/application. But who knows. From statements you will be able to see if default charges have been applied to the account. You can find a template letter for that here

 

You will need to send a postal order for £10.00

 

You could resend the "questionable agreement" letter which is here

 

Other template letters for telephone harrassment, etc can be found in the link in my signature. MBNA are very persistent so you will suddenly discover you are bombarded with letters such as you have already received. If you have given them access to your phone numbers, they will phone you from all over the world.

 

I would suggest you have a good read round other threads and see how other CAGers are progressing.

 

In theory, whilst MBNA are in breach of your CCA request, they shouldnt be behaving as they are. But they will.