MBNA CCA request. sent terms only. What?

[Gimme Money]

Hi There, I Hope you can advise me what to do now with a CCA challenge against MBNA.

 

I am currently making them reduced payments and they have frozen the interest, I have not defaulted on the agreement.

 

In December 08 I used 'Oasis' Claims Company to challenge this loan agreement with MBNA. Oasis were charging no fees, but have now pulled out of the CCA aspect of their business, their clients me included have been sent all the correspondence. So, I am hoping that I can deal with it myself as I cannot afford to pay fees to any other claims company. I assume that I can take over the claim as Oasis were just 'representing' me.

 

They originally wrote to MBNA on 06/12/08 requesting a true copy of my CCA. They seem to have done it correctly and sent my 1.00 pound cheque. MBNA responed on 06/01/09 saying that they did not need to supply a copy of the original, only the terms and condition which they sent all 5 pages.

 

Can you advise me what to do next? Are they in default and if so should I stop paying them while there is a dispute?

 

Thanks. Gimme Money

[WelshMam2009]

I've replied on one of your other threads. You can use the same letter. MBNA will probably end up sending you a copy of your application form, with some financial terms on the rear, if pushed.

[Gimme Money]

Hi There,

 

MBNA have ignored a CPR request sent on 23 05 09.

Has anyone else had any joy with getting a CCA from them?

 

Regards, GM

[steven4064]

They are correct, that is all they have to send in response to a request under s78 of the CCA 1974. So they are not in default. However, what they have sent is not enforceable as it (presumably) doesn't have a signature on it.

 

You could write and point out that what they have sent does not comply with s61 of the Consuemr Credit Act 1974 and is therefore unenforceable. Since it does not have a signature on it, a court would be prohibited from enforcing it as well. You could offer them aboput 3p in the pound (that is all they would get if they sold the debt which is their normal response) as a full and final settlement on the basis that they cannot take any collection action in the absence of a signed agreement.

[Gimme Money]

Hi Steve,

 

Thanks for your reply.

 

At this stage should I:

1/ Write to the regulatory authorities and register a complaint?

2/ Advise MBNA we are in dispute?

3/ Stop the payments?

4/ Advise them that the agreement is currently unenforceable and make them a full and final offer otherwise threaten court action.

 

Thanks GM

[steven4064]

See post #4

 

1. on what basis?

2. the account is not technically in dispute for the reasons given in post #4

3. no

4. see post #4

[Gimme Money]

Thanks Steve,

 

I'll write to them on the basis as you have described and make them a full & final offer. Will post their response when I get it.

 

Thanks for your reply, GM

[WelshMam2009]

Steven, can you please confirm if the terms and conditions have to be the ones prevalent at the time the account was taken out and not current ones in order to comply.

Thanks.