MBNA v DA

[roko20650]

My husband has two accounts with credti card accounts MBNA, but he is now out of work, hence we have a problem. I have sent them a request (7th February) Recorded Delivery for a copy of each CCA with £1. cheque, but have received nothing from them, what should he do now?

 

roko20650

[babybear39]

Have you checked with the royal mail website that the CCAs were delivered?

[roko20650]

No I have'nt done that yet, will do that. Also can check if cheques have been cashed yet. Will post again once checked. Thanks a lot.

[babybear39]

You're welcome

[roko20650]

Hi Babybear,

 

Just checked royal mail, and cheque book, one of the MBNA ones was delivered and one was not, for some reason the accounts have two different addresses. Neither of the cheques has been presented though.

 

Roko20650

[babybear39]

A court of law will assume 1st class mail delivered within 2 working days. You have the proof of postage so wait

[jobmid]

you should not have sent a cheque as they can knock up a fake cca with the signature

[babybear39]

you should not have sent a cheque as they can knock up a fake cca with the signature

 

Allegedly

[roko20650]

Dear jobmid and babybear, thanks for the advice, you learn something new all the time, even if its a small chance its probably better not to take the risk, but in this case I signed the cheque and it is my husband's account so they could not use it, but I will remember that good piece of advice. So I just sit back and do nothing now until I hear from them in writing? No "in dispute" letter or "non response" letter?

[MrMT]

It's up to you if you want to send the In Dispute letter but it's a cost you need not incur if you don't want to. The ball is in their court so to speak so relax.

[roko20650]

Thanks MT, will take your advice and see what transpires.

[MrMT]

Sorry, forgot to add, if you don't already know, the CCA request gives them 12+2 working days after posting so you cannot dispute until after the time limit.

Edited March 5, 2009 by MrMT
Replaced "reciept" with "posting" - Still learning!

[roko20650]

Hi Mr MT, yes they have had plenty of time, I posted the first letter on the 7th Feb and they should have received it and replied by the 21st really, but hey if they don't reply it gives me more time.

[Mydogsawestie]

I hope you dont mind me asking on this thread Roko20560 as it may help you too .....I have a 2nd card like you mine was del to MBNA (recorded 17th Feb signed for). If I send the Dispute letter with the 12 + 2 working days scenario, can I just check it by the guys on here if the the section in that letter that refers to....

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 6th March, 2009. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 6th April 2009 this time limit will have expired.

 

Do I have the right dates on here for sending this Dispute letter tomorrow? Thanks

 

[ohoh4312]

I hope you dont mind me asking on this thread Roko20560 as it may help you too .....I have a 2nd card like you mine was del to MBNA (recorded 17th Feb signed for). If I send the Dispute letter with the 12 + 2 working days scenario, can I just check it by the guys on here if the the section in that letter that refers to....

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 6th March, 2009. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 6th April 2009 this time limit will have expired.

 

Do I have the right dates on here for sending this Dispute letter tomorrow? Thanks

 

 

 

The 30 days and offence part of the Act were repealed (last year I think), therefore only the 12+2 for posting days apply now.

 

Hope that helps.

[Mydogsawestie]

The 30 days and offence part of the Act were repealed (last year I think), therefore only the 12+2 for posting days apply now.

 

Hope that helps.

 

Thanks does that mean we need not send this....2nd letter anymore then

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

...or is it that paragraph bit above I referred to that was repealed (sorry to ask its just I feel a little unclear y'see) I was just wondering why this 2nd letter after the 12+2 day letter still existed to use otherwise?

 

Thanks

 

 

 

 

[babybear39]

Just amend the letter taking out the 30 day and offence bit

[Mydogsawestie]

Just amend the letter taking out the 30 day and offence bit

 

So that means I take out this section too?

 

(b) If the default continues for one month he commits an offence & send....:idea::idea::idea:

 

I do not acknowledge any debt to your company.

 

I wrote to you by Recorded Delivery (Ref DWxxxxxxx) on 16th February 2009 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on 17th February, 2009

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

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

(b) If the default continues for one month he commits an offence.??

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

 

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring 17th February, 2009.

 

Data Protection Act (Data Protection Act 1998)

 

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours faithfully,

[ohoh4312]

Yes you need to amend those sections, or alternately you could send the following (kindly supplied by idainfife):

 

 

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 your client enters into a default situation.

This limit has expired

As you are no doubt aware section 77(6) 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 14 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 reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

Print, do NOT sign your name (or use a digital signature).

 

hth x

[Mydogsawestie]

Thanks ohoh4312 hope roko20650 finds it useful too.......

[roko20650]

Hi all, I have received this from one of the MBNA accounts my husband has, plus one of the letters we have received, can you take a look, and see if there is anything we can do.

 

Roko20650

MBNA 270209.pdf

MBNA RMS ltr 090209 DA.pdf

[jobmid]

very hard to ready anything in that cca is that how they sent it to you?

[roko20650]

Its the copying and then scanning that's the problem with the 2nd page as its the worst copy. I see in parts it is barely legible I will try copying the original again and scanning it in again to get a better copy.

[roko20650]

Dear jobmid,

 

Now attached is a re-scan of the 1st page, its still difficult to read, but you can make it out if you can zoom it. Any comments would be welcome. Is it enforceable?

Roko20650

MBNA page 1 of agreement.pdf

[roko20650]

bmp