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Mbna CCA,


Indebt1
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Hi All

 

i sent a CCA to MBNA on the 30th of march and i have traced it via royal mail and it shows delivered on the 31st.

 

Up till today i have had no response from them aside for phonecalls from Aegis and a letter from MBNA to warn me that i am in arrears and the next step is a default.

i have had this credit card for around 10 years now and have always paid minimum payments but i have been struggling a bit lately hence the cca letter.

what do i do now do i pay the minmum payment or do i tell them sorry you havent complied?

Also what is next letter if they havent complied?

 

any help would be most welcome.

 

:(

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If you are struggling to keep up paying priority debts then that's as good a reason as you need to stop paying.

 

If they have not complied with your CCA request then they are in default and you are entitled to withhold payments until that default is rectified.

 

Never have a conversation over the phone and report their failure to comply with your S 77-79 request to your local TS.

:!: -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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Fill in the dates as applicable and send the following:

 

_______________________________________________________________

 

 

Name & Address

Date

FORMAL NOTICE - ACCOUNT IN DISPUTE

 

Ref: ****************

 

Dear Sir/Madam,

 

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).

 

To date you have failed to comply with these requests in any way.

 

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 Sections 77-79 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.

 

These limits have expired.

 

As you are no doubt aware section the Consumer Credit Act 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.

 

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

 

Furthermore I shall counter-claim 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, your further non-compliance will result in complaints being forwarded to the relevant statutory bodies.

 

Pleas supply me with a copy of your complaints procedure in writing.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully (Print name)

:!: -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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Aegis called asked if it wae regarding a credit card, they said they could not reply untill i answered security which i refused and told them they had to put in writing anything they had to say.

belive it or not she actually sniggered "but we have spoken to you before" sarcasticlly.

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Doesn't mean they now who they are talking to now tho eh. Just keep refusing to answer their security questions and you'll be fine.

 

Personally, after getting 13 phone calls a day at one point i changed my phone number! Bliss for the last 2 years! :)

:!: -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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  • 2 weeks later...

Hey Guys

 

Sent the letter dated the 23rd and not a squeak out of them.

i am not sure if to tell them to get stuffed now untill they produce the information requested?

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now have a letter stating that my credit line has been withdrawn and that the credit ref agencies have been informed of the arrears.

next will be a default and if that will be issued the full amount will fall due imm.

i have written to these guys and not a squeak out of them aside for threats like this!! surely i am within my rights to request cca info and withold payment if no response?

is it a one way street?

can they ignore?

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now have a letter stating that my credit line has been withdrawn and that the credit ref agencies have been informed of the arrears.

next will be a default and if that will be issued the full amount will fall due imm.

i have written to these guys and not a squeak out of them aside for threats like this!! surely i am within my rights to request cca info and withold payment if no response?

is it a one way street?

can they ignore?

 

Don't worry, this is normal. I would send them another chaser for your CCA and reiterate what you've said above about the account being in dispute.

 

They defaulted me before returning my CCA and, whilst this constitutes unfair practice as far as OFT may be concerned, there is nothing unlawful about it and it will stand up in court.

 

The good news is that MBNA usually screw up their default notices so I would be inclined to post up here if and when you receive one.

 

Good luck!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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  • 2 weeks later...

Hi All

 

been getting the phonecalls and have spoken to someone last night who wanted to know why i was behind in payments?

i advised that i have disputed the outstanding and ask why they call me if they ignore letters that were sent recorded and dont have the basic decency to reply to me?

she was desparate for me to advise what the letters contained and i refused to be drawn into the discussion over the phone and told them to reply in writing.

i have no received a letter as posted below, the payment plan is very tempting bu ti guess i would rather fight the debt as an unenforceble debt.

How do i respond to this letter?????

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This is a standard letter from them...I've had them also!!

 

You can send them a standard harrassment letter about the calls if you wish...

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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If the 12+2 days has expired then you should follow through with another letter stating that as they are in default of your request pursuant to s77/78, the account is in dispute and you will no longer be making any further payments.

 

I have to dash out now, but there are letters on the forum if you want to copy one.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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Dont worry about it Indebt, its just how they work. I have been pleading with MBNA for a valid CCA but no luck. Im even promised a court appearance and Ive asked for the CCA under the Civil Proceedure rules but nothing except repeated threats.

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  • 2 weeks later...

The phonecall i recieved today was just unreal, she tried to make me say that all i am waiting for was terms and conditions not CCA obviously being recorded?

Have you sent the £1 in she asked? have you recieved the information we sent back to you?

i said my legal advisors dont let me talk on the phone to you, must be in writing, she gets cocky "well you must still pay your minimum payments or continue getting late charges and interest" having the last word.

no security questions nothing!

i just have the mobile she called from which goes through to mbna office.

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Have you sent the SAR or complained to TS. The CAB can also sometimes be of help too.

 

I would also, next time you write to them, infom them you are making a complaint about their behaviour to the OFT and then do so as per my letter here (amended to suit):

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/185332-davey-mint-rbs-2.html#post2120016

:!: -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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  • 3 weeks later...

Hi All

the last letter sent to MBNA is from post 4.

Please see the love letters recieved still no CCA.

on the phone they always play shocked that no CCA has been sent yet.

2qjv5.jpg

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