CCA Received from MBNA

[pornaco]

Hi People!

 

I recently received these rather dubious looking documents through the mail. I'm on the verge of sending a dispute letter, but was hoping someone could give me a second opinion!

 

http://i628.photobucket.com/albums/uu2/pornaco/mbna/Cover.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/cover2.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/Form.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/img014.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/cca1.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/cca2.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/cca3.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/side1.jpg

http://i628.photobucket.com/albums/uu2/pornaco/mbna/side2.jpg

 

Thanks!!

[clemma]

As they have so kindly pointed out in their letter to you - these are the current terms and conditions. Totally unenforceable

 

Send them this letter:

 

Dear Sirs,

 

Account Number: XXX

 

Re: your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

[williamzz]

You might want to look here at a similar case.

 

http://www.consumeractiongroup.co.uk/forum/mbna/173383-your-opinions-cca-please.html

[pornaco]

Thanks loads guys, there's some really useful advice in that thread, I hadn't seen that one when reading through other peoples!

[pornaco]

Okay so I'v knocked this up from a mish mash of other people's letters to send tomorrow, what do you think? If they're too pigheaded to take it then...

 

March 11th 2009

 

 

Virgin Cards

Compliance Department

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

 

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

OFFER OF FULL AND FINAL SETTLEMENT

 

Dear Sir/Madam,

Re: Credit Card Acct. # [0000 0000 0000 0000]

 

I write with regards to my letter of XXth January 2008 in which I exercised my rights under the Consumer Credit Act s(77/8 ). I sent this letter 1st class Recorded Delivery the same day and was confirmed delivered to you on XXth January 2008.

 

As you are no doubt aware 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. As this request was made in writing and correctly on Wednesday XX January 2008, this period has now lapsed.

 

Your response of XXrd February did not satisfy my Statutory Request for a true copy of the properly executed Regulated Consumer Credit Card Agreements in relation to the alleged Account, producing no evidence of an enforceable agreement.

 

 

The alleged Agreement appears to be unenforceable for the following reasons:

 

 

 

1. The document is an Application Form and does not carry the correct title if it is to be considered suitable as becoming an Agreement once properly executed. The missing Title being 'Credit Card Agreement Regulated by The Consumer Credit Act 1974.'
   
2. I am entitled to receive a true copy of the Agreement and such true copies must be easily legible. The agreement is not a true copy, nor is it legible, due to poor quality copying.
   
3. The Agreement must contain the prescribed terms within the four corners of the Agreement: The Application Form does not contain the prescribed terms within the four corners and furthermore no where on the front is there any reference to terms and conditions being on the reverse, nor is there any proof that the reverse has any true connection to the front.
   

In the absence of you providing the required information, this account has become unenforceable by law. To bring this matter to a speedy closure, I want to offer £XX which will be raised by a 3rd party; this offer is made as an ex-gratia payment in FULL and FINAL SETTELEMENT of the account.

 

This offer is made on the clear understanding that, if accepted neither you nor any associate company will take any other action to enforce or pursue this debt in any way what so ever and that I will be released from any liability.

 

I also request if accepted you will make an entry on a credit agency file related to the above account as "satisfied" in full and the account balance is set at zero.

I also request that any adverse credit entries are removed from all my credit files as part of my offer.

Payment of £XX can be made within 7 days of receiving your written agreement. However, I will need to be notified by Friday XXth March of your intentions as I have other creditors who are demanding payments - please reply as a matter of urgency as the amount stated will not be available in the long term . Your agreement needs to be offered and fully signed and dated by a senior member of your Company who holds the legal authority to fully accept my offer and its terms.

 

I look forward to receiving your reply.

 

Yours faithfully,

 

[MondeoST24]

Why pay them anything if they have no agreement?

[pornaco]

To avoid months of arguing...

But you do have a good point.

 

People seem to be having pretty long struggles with MBNA, wanted to avoid trying to get defaults removed etc. as they pop up over the course of the argument, would be nice to clear it up quickly if possible.

[SB100]

I'll be interested to see how they respond, as your situation is very similar to mine. Good luck

[pornaco]

I'm interested to see what they do too! Literally just got back from the post office now.

 

I'll keep the thread updated with news as it comes in!

[ltc1607]

sub