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    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
    • How much do you owe in arrears on the mortgage including interest ?   Why don't you look into challenging possession, offering a lump sum, plus regular monthly amounts covering both normal mortgage repayment and an amount towards arrears ?  Obtain legal advice about this.  Can Shelter Housing charity assist you ?   Seems to me that if you are looking at a return of ownership, then you need to think how financially this will be achieved.  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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R Vs MBNA


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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:

 

MBNA101.jpg

 

MBNA11.jpg

 

MBNA21.jpg

 

MBNA31.jpg

 

MBNA41.jpg

 

MBNA51.jpg

 

MBNA61.jpg

 

MBNA71.jpg

 

MBNA81.jpg

 

MBNA91.jpg

 

MBNA111.jpg

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I had the same rubbish from them re: my virgin card, I sent a letter headed formal complaint and addressed it to the company secretary @ their registered address... in this I said I wasnt happy with my s78 response and demanded my agreement under S78..

 

They sent a 2nd reply with a very illegible microfiched copy of an agreement slip, methinks they have shredded a vitally important legal document :mad:

 

PmW

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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?

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What they have sent may well be compliant under s 78 as a 'true copy' so further requests under s 78 are not needed.

 

I would try PT's letter which is a little different than the norm (adapt it to suit your needs and don't bother with the £1 again):

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

Yours faithfully

 

XXXXXXXXXXXX

 

It's already been two weeks since they said they would get the original and you haven't received it so i would try this approach.

 

When was this card applied for initially?

 

For future reference here are some relevant acts to throw at them later:

 

s61 CCA - Signing of agreement:

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

s127(3) CCA:

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Wilson v Hurstanger:

 

"...Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under section 61 that all the terms should be in a single document, and backed up by the provisions of section 127 (3), ensure that these core terms are expressly set out in the agreement itself:

they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them."

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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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:

 

MBNA20Feb0911.jpg

 

MBNA20Feb0921-1.jpg

 

MBNA23Feb0911-1.jpg

 

MBNA23Feb0921-1.jpg

 

MBNA23Feb0931-1.jpg

 

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

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Difficult for me to call either way to be honest. They have come up with what looks like the other side of the signature form.

 

Could this be on the back or classed as a separate document i wonder.

 

As it states 'Financial and Related Conditions' I would suggest you look at this post:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1894949

 

And here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1897679

 

Hope someone with more specific knowledge on this can pop by for you to clarify matters.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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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?

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  • 2 weeks later...

So if I understand correctly, when you fold that over with the address on the front the t&c's will be on the back- with the application form on the other side?

 

I can't see that being ethical / sensible, even for MBNA. Furthermore, I'm sure one would remember an 'envelope' with the t&c's clearly open and visible on the reverse side?

 

It does, however, look convincing- and similar to what they sent me except for the addressed side of the 'envelope'

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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

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I would post a link to post 8 (permalink) of your thread to this one:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

And see if people like PT2537 will have a peek and give an opinion.

 

The financial and related conditions looks like it has the Prescribed terms although in my view it's a question of whether or not it can be demonstrated the the signature page is on the physical reverse of that page.

 

I notice it says 'credit agreement' and not 'credit card agreement'. The seriousness of that omission i have yet to see put into practice effectively but what i have recently been stating is (others may have a view on the correctness of it):

 

"The documentation you have supplied refers to a Credit Agreement and not a Credit Card Agreement as strictly defined within the Consumer Credit (Agreements) Regulations 1983 SI 1983/1553. Therefore it is invalid for any purpose linked to a Credit Card account."

 

A good letter to send re phone harassment:

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/186121-advice-needed.html#post2049885

 

A useful post re how to deal and log calls for future proof of harassment:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/126112-telephone-harassment-letters-not-5.html#post1537888

 

If you are struggling to pay or have stopped payments because you can't afford it then that's reason enough. Dodgy or valid agreement is immaterial compared to priority debts and keeping a roof over your head.

 

I would also raise the issue of being treated fairly (under the Banking Code) in respect to difficulties/worries/stress you are under. (It will be good to show later that you requested such ethical treatment and they didn't adhere to it - re calls in particular.)

 

I would call the National Debtline as i have found them quite friendly and reassuring in the past personally:

 

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Sorry. Top right of each post window (next to the number of the post). Click where it says 'permalink'. That will change the address of the page in the address bar.

Copy and paste that to another thread and anyone who clicks on it will go directly to that post (not the beginning of the whole thread.)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 1 month later...

Hi Folks,

 

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

 

 

MBNA15Mayletter11.jpg

 

MBNA15Mayletter21.jpg

 

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

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Did you get PT's or Stevens view on the agreement post 8?

 

I would say that, in my view, you should assume that the agreement is valid until someone very knowledgeable points out otherwise as i know they look separate on the computer screen but if one page is the reverse of the other i could well be accepted by a Judge.

 

I am unfamiliar with charging orders so won't comment on that specifically only to say that if they were going to do it they would have done it already and their letter is an attempt to scare you into payment.

 

I'll ask CB to stop by and have a look and give some advice...

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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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.:(

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4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.:(

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