Mbna

[angmarie]

Hi Clemma,

 

Thanks for all your help thats ok then, panic over:razz:

 

 

Ang

[Capricorn1601]

Hi Ang

 

Good luck. If you are writing to MBNA they tend to have their own rules. Keep us informed of what response, if any you get

[Capricorn1601]

All quiet on the Capricorn front, nothing from either MBNA or RMA. The calm before the storm perhaps? Or maybe scouring every corner of MBNA towers to find my agreement.

 

Off on my jollies next week, so Gail Powell if you are checking my thread, or Martin the less than 'Supple', Customer Assistance prat, think of me sipping a g and T in the sunshine. PS, it was paid for by the father in law and not on the credit card.

[angmarie]

Hi Ang

 

Good luck. If you are writing to MBNA they tend to have their own rules. Keep us informed of what response, if any you get

 

I sent 3rd reminder ohh and cheque today so will prob count the 12+2 from today as they are going to say they did not receive £10 fee.

Although they have not agreed that £10 will suffice they wanted £4.00 per statement lol.(jokers)

 

Im really not worried now hubby had basic MBNA CC and totally out the blue he received a platinum card for special customers, there was no paper work to complete or return (only regret is he used it i spose) so I cant wait for them to produce signed agreement

[diddydicky]

I sent 3rd reminder ohh and cheque today so will prob count the 12+2 from today as they are going to say they did not receive £10 fee.

Although they have not agreed that £10 will suffice they wanted £4.00 per statement lol.(jokers)

 

Im really not worried now hubby had basic MBNA CC and totally out the blue he received a platinum card for special customers, there was no paper work to complete or return (only regret is he used it i spose) so I cant wait for them to produce signed agreement

 

dont forget to count working days not calendar days!

[Capricorn1601]

unfortunately its like that. But if I am not mistaken thats where the CCA steps in with the credit limit and APR. I am assuming that the new platinum card came with a higher credit limit.

[clemma]

I sent 3rd reminder ohh and cheque today so will prob count the 12+2 from today as they are going to say they did not receive £10 fee.

Although they have not agreed that £10 will suffice they wanted £4.00 per statement lol.(jokers)

 

Im really not worried now hubby had basic MBNA CC and totally out the blue he received a platinum card for special customers, there was no paper work to complete or return (only regret is he used it i spose) so I cant wait for them to produce signed agreement

 

Was this for the SAR or CCA? The SAR is 40 calendar days, the CCA is 12+2 working days......

[angmarie]

unfortunately its like that. But if I am not mistaken thats where the CCA steps in with the credit limit and APR. I am assuming that the new platinum card came with a higher credit limit.

 

Hi Capricorn

 

Yeah it sure was 1st card £1300 limit second £3000. Can only sit it out now and wait so frustrating though. Hope you coping ok with your worries though keep me updated please

 

 

Ang

[Capricorn1601]

My platinum has a limit of 14K

 

but as yet MBNA cant find the CCA, and I fear they have run out of ink to put together a replacement one on their John Bull home printing set

 

Every night now is exciting waiting to see if Martin or Gail are going to say hi from MBNA towers, or even C Brown or R White from RMA, although I think if the later he has a problem sleeping!!!!! (I'm a secret lemonade drinker, trying to give it up but its one of those nights........ R Whites).

 

 

I must truly lay of the gin!!!!

[angmarie]

Hi Capricorn, we same birth sign so maybe thats why we think along same lines lol.

 

Anyway im praying we got it right in our minds as it was the summer of 1995 . Im sure we have, we have discussed it at some length deffo card just appeared in post.

Lets see wha they come up with, only point worrying me is if we hear nothing assume they have nothing are they allowed to turn up in court with signed CCA.

 

 

 

Ang

[Dinkjames]

are they allowed to turn up in court with signed CCA.

 

Yes, they can and they have to. If you follow the advice on here and use CPR before the hearing, and if the case goes to court, you will also get to see it before it comes before the District Judge.

[miss muppet]

Or they turn up in court as they did with me with an unsigned blank application form and unsigned blank "credit agreement" and find their summary judgement dismissed!

[Dinkjames]

Or they turn up in court as they did with me with an unsigned blank application form and unsigned blank "credit agreement" and find their summary judgement dismissed!

 

That made me on a Friday morning

[angmarie]

Hi, What if they say they dont have it or send blank agreement can they still turn up with original signed agreement:|

 

 

Ang

[clemma]

Yes - but if it went to court, you can request copies of all documents they are going to use through a CPR 31.14 request. This is when they should send you the agreement, should it exist.

 

They use the loophole in the CCA1974 that states they can omit details like signatures all the time. My argument is - if they have the original one, why not send you a copy of it? Saves time and hassle for both parties.....

[diddydicky]

if they tell you dont have the agreement (as opposed to telling you they cant locate it) and then turn up in court with an agreement i cant see the judge being terribly impresssed with them!!

[clemma]

True - if they state they no longer have the CCA, and this is in writing, then no Judge would be impressed. It's only if they use the loophole they so love that they would get away with it. However, if they still fail to produce if it got to the stage of CPR 31.14, THEN turned up at court with it - well that would be very naughty indeed!!

[angmarie]

Hi Clemma,

 

The deadline for MBNA CCA request is on Tuesday 7th July.

 

If nothing arrives by then, what is next step please.

[clemma]

Then you can put it into dispute - you can send a letter to them. I haven't got the template saved on the PC I am using at the minute - but once that day comes, post on here and I will receive notification by email. I will then post up the letter you need

[Capricorn1601]

Hi Ang

 

The in dispute letter is as follows:

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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 any 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.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

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

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

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

* You may not pass the account to a third party.

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

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

 

I will be reporting your actions to any such regulatory authorities as I see fitI look forward to hearing from you.

 

Yours faithfully

[Capricorn1601]

Tonights update:

 

All quiet from MBNA and RMA. I'm sure they must be plotting something.. I can feel it!!!!

[clemma]

Cheers capricorn

[miss muppet]

That made me on a Friday morning

 

Glad to be of service, it made me lol in court as well!!!

[angmarie]

Tonights update:

 

All quiet from MBNA and RMA. I'm sure they must be plotting something.. I can feel it!!!!

 

 

Thanks so much Capricorn, its great not to feel alone:-)

[angmarie]

Tonights update:

 

All quiet from MBNA and RMA. I'm sure they must be plotting something.. I can feel it!!!!

 

 

I know that feeling:rolleyes: im sure we keeping them busy though:-)

Can only sit and wait, its so frustating!