Letter from MBNA - what do I do next

[Dontknowwhattodo]

Hi

 

Let me summarise my case - I am on a DMP with Payplan and MBNA were the only ones who did not accept the offer. However, I have continued to pay them via Payplan.

 

My original credit cards were issued by Alliance & Leicester and Royal Bank of Scotland well over 10 years ago. These cards were then taken over [i believe in the last couple of years] by MBNA.

 

I sent the CCA request to MBNA - recorded + £1.00 postal order - this was completely ignored. After waiting for the necessary time lapse I then sent them a Account in Dispute letter in regards to both accounts.

 

MBNA have now responded as follows:-

 

Thank you for your recent request.

 

In accordance with section 78 of the Consumer Credit Act 1974, we enclose copies of the credit card agreements (original and current) including applicable terms and conditions and your most recent statement of account. I can confirm that a copy of the original credit agreement have been requested from HBOS and Alliance & Leicester and should they be able to provide us with a copy, we will forward them to you.

 

It may be helpful to explain that we are not required to serve a copy of the credit agreement which includes signatures, as the law expresslly permits lenders to omit signatures from copies of all credit agreements. What we have to send you is a true copy containing all the necessary material terms and conditions.

 

For the avoidance of any doubt, all of the necessary and prescribed terms are included in the enclosed credit agreements.

 

If anything needs clarifying please call us on freephone 0800 0280690 ......

 

Now, what they say in the letter is not what they have sent. I have highlighted above - they have sent me photocopied A4 sheets of current credit card agreement T & C as well as the current statements for both cards.

 

What should I do next? Do I just wait until they do produce the correct CCA? Are the accounts technically in dispute? I am however, to be on the safe side, going to continue to pay them via Payplan

 

Could someone point me in the right direction please. All assistance advise would be greatly appreciated.

 

Many thanks for all the support.

 

Regards.

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

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.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that 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 XX/XX/2008 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, nor make any further charges to the account. Additionally, you are not entitled to register any information on 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

 

To sum up, 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

Print name do not sign

 

**amend to suit your circumstances.**

[vengeancedemon]

Subbing

[Dontknowwhattodo]

Hi cerberusalert

 

Thank you very much for the advice - I shall send that letter first thing monday am. Recorded again?

 

Once gain thanks.

 

Warmest regards.

[cerberusalert]

Yes, send it recorded

[Dontknowwhattodo]

Hello again

 

I have returned to seek more help and hope you lovely people will be of help again as before.

 

MBNA was the only people who according to Payplan would not accept my DMP. However, I have continued to pay them via Payplan.

 

The have continued to harrass me via letters every few weeks but have not risen to it as advised by payplan.

 

Now, they have sent me a letter: important you should read this carefully - Default Notice Served under Section 87(1) of the Con Cre Act 1974

 

It shows a credit card agreement number but this is not my card number.

 

The letter goes on to say that to remedy the breach I should make full payment of the outstanding balance of by 24/9/2009.

 

It also states in bold that if I don comply further action would be taken against me, i.e. court proceedings to recover the whole amount.

 

I have contacted Payplan for their input, but they are not very good and responding quickly.

 

For info: A few months back I did send MBNA a CCA request which they have failed to comply with.

 

Would someone please tell me what I should be doing to stop them taking court action? Also what do I do with the account number being incorrect?

 

I have done everything I can through Payplan to pay what I can afford. All the other creditors have accepted the DMP but MBNA just keep digging their heels in. They have been accpeting the payments through Payplan nonetheless.

 

Any advise would be so much appreciated.

 

Thank you all.

 

Warmest Regards.

[cerberusalert]

A default notice isn't a prelude to court action, they have to send you this notice in order to give you a chance to remedy the a/c before they mark your credit file. If they send you a defective DN and then go on to terminate the a/c they will in fact have unlawfully rescinded the agreement which in effect means they can only claim repayment of the arrears not the full outstanding amount.

 

As I see it now, because the a/c number is wrong the DN is defective, but it would help greatly if there were something else, so what is the date the DN was sent? Did it allow you a clear 14 days from you receiving it to the remedy date? Have you kept the envelope and if so what was the postage?

[Dontknowwhattodo]

Hello again

 

Thanks for your reply.

 

The DN was dated 7th September 2009 - I received it on 11th September 2009. The envelope is windowed with their Chester address at the back marked private and confidential at the front and UKmail express parcells and mail. There is some sort of bar code as well.

 

The A/C number is definately wrong.

 

Your help is very much appreciated.

 

Thanks again.

 

Warmest regards

[cerberusalert]

That makes it a day short too, so that's defective. All you need now is for them to terminate.

[alfwithhair]

I had the same thing happen with MBNA.

Sent a default notice with a different account number on.

Then the DCA letters started also quoting the wrong number.

When I queried it with MBNA they said a new account number was given to the account as it was in the hand of their collection dept, but failed to inform me of the fact.

But upon looking the the SAR details from MBNA it appears it was charged off and sold to Cabot before the default notice was ever issued.

 

I have been reliably informed that its a tax [problem], and if they do take you to court they will issue the claim using the original account number.

 

See my thread Alf -v- MBNA - DEBT CLEAR - NOW CABOT - The Consumer Forums its all in there

Edited September 15, 2009 by alfwithhair

[Dontknowwhattodo]

Hello

 

Thank you for your replies - much appreciated. Sets my mind at ease for a bit. Payplan has still to answer my query so this site has been godsend to me. Don't know why it has to take payplan so long to reply - it is always the same. Suppose the must be quite busy but then just an aknowledgment would help. Ho Hum.

 

I read your thread with great interest and it has been very helpful. Would you say it would be a good idea for me to send a letter [like what you sent - about the A/C number being wrong etc.etc.] I am lost really as what to do as they have asked me to pay up by 24th September 2009!!!

 

Please help.

 

Many thanks.

 

Warmest Regards and keep up the good work.

[Dontknowwhattodo]

I had the same thing happen with MBNA.

Sent a default notice with a different account number on.

Then the DCA letters started also quoting the wrong number.

When I queried it with MBNA they said a new account number was given to the account as it was in the hand of their collection dept, but failed to inform me of the fact.

But upon looking the the SAR details from MBNA it appears it was charged off and sold to Cabot before the default notice was ever issued.

 

I have been reliably informed that its a tax [problem], and if they do take you to court they will issue the claim using the original account number.

 

See my thread Alf -v- MBNA - DEBT CLEAR - NOW CABOT - The Consumer Forums its all in there

 

 

 

 

 

Read your thread with great interest and it has been very helpful. Would you say it would be a good idea for me to send a letter [like what you sent - about the A/C number being wrong etc.etc.] I am lost really as what to do as they have asked me to pay up by 24th September 2009!!!

 

Please help.

 

Many thanks.

 

Warmest Regards