No response from MBNA.

[dandoogle]

Hi,

 

I am slighty lost in the whole process now and i think i may have gotten in over my head.

 

In January I sent MBNA with a £1 postal order a copy of the generic letter which i got from this site requesting a true copy of my agreement in accordance with CCA.

 

As I didnt get a satisfactory response and certainly no true copy of my agreement, I then follwed the 1st letter up with the 2nd and 3rd letters after the appropriate time periods.

 

After I sent these letters I wasnt sure where what i was supposed to do?

 

Then i saw a thread on not using CCA 1974 but using Civil Procedure Rules part 31.16(3)©&(D) to gain a copy of my agreements.

Up to now i have sent the first and second letters using Civil Procedure Rules part 31.16(3)©&(D) to them and I am awaiting a response before I start court proceedings although im not sure I fully understand what i am supposed to do but will do my research as best as i can when the time comes.

Since I sent the last 2 letters i have started recieving phones calls the last was last night at 20.40 pm this isnt on as i have 2 children under 3.

I really wanted to find out what i should be saying on the phone as i feel like they are trying to get me to say something that will compromise my position but i dont know what it is.

she kept saying are you refusing to pay or are you having difficulities and that my credit file is basically being destroyed.

She said that she would passing the debt on and now i am worried i will have balliffs knocking at my door, my wife is also very concerned.

 

What should my response be?

I thought with the account on dispute they wouldnt be able to pass on my debt or register on my credit file against me.

I said I havent made a payment as the account is in dispute and that I have requested a true copy of my agreement but have had no response and that I am going to go through the courts using Civil Procedure Rules part 31.16(3)©&(D) to gain a copy so i can see if my case has any merit and that I prefer to discuss the case in writing.

Have I gone wrong somewhere?

I thought i would have had more of a response from them its as though they have completed ignored me as though i havent even sent any letters although i have kept all my proof of postage and all letters sent recorded delivery.

Can anyone help me as i really cant afford to repay the whole lot like the are saying im going have to.

Any help would be tremendously recieved.

THANKS.

[steven4064]

What did they send you?

 

One thing that people don't understand is that they are required to send a "true copy " of the agreement in response to a request under s78 of the CCA 1974. However, the concept of "true copy" dates back to the days when copies were made with quill pens on parchment - there is no requirment for an exact copy, just the terms and conditions of the agreement. Under the regulations, a "true copy" doesn't have to have a signature on it. So companies like MBNA usually comply with a s78 request by sending a photocopy of application forms and recent T&Cs.

 

If that is what they have sent, then they have complied with s78 and you cannot claim the account is in dipute because of their non-compliance.

 

Having said that, something that is a "true copy" is not necessarily enforceable.

[the_shadow]

Dandoogle,

 

I can see from the text your worried so we need to put your mind at rest a little.....

 

Balliffs or other enforcement actions

Ok, so you owe them money and wont/cant pay..what can they do.. well they'll need to default the account and then terminate it... then either sell it to a DCA or take you to court themselves. If DCA, more chasing and then eventually depending on the strength of the agreement they might take you to court... Once you get to court you get a chance to see the agreement properly, defend and attack the enforceability of it. If the judge despite all this agrees with the lender then you get a CCJ, the court will look at all your outgoings and then assess an amount to pay. If and only IF you default on this payment plan will the lender be able to go back to court and get an enforcement order to send balliffs in.

 

As you will see from the above, its not going to be a five minute job!

 

As Steven says, just because they havent sent the actual agreement doesnt mean the account is in dispute... they will argue they have complied. Also the credit file... as the whole banking/credit industry owns the CRA's I'm afraid they will basically trash this if you dont conform to their repayments. The little people (thats me and you) dont really matter to the cra's and their real customers are the banks and lenders.

 

If your going down the CPR route then you'll need to ensure you have sent both letters and allowed sufficient time for them to respond(which they wont have done) and then file the N244 form at court with the information from PT2537's brilliant thread.

 

S.

[dandoogle]

They have sent the copy of terms and conditions but not any copy of an application form.

 

I have 2 accounts with mbna and they have said they are going to terminate the contract and reclaim the full amount this is also the case with mint.

 

Do i have any where to go with this or should i just conceede, i feel that the only thing i can really try and do now is find out about an iva but im not sure how that works really especially as i have a mortgage.

 

Is going to the nation debt help line a good step or is their some one else better that could help me?

 

many thanks.

 

Dan.

[steven4064]

Firstly, they cannot terminate the account and demand repayment without issuing a default notice and that has to be absolutely correct. Secondly they cannot enforce a debt without an execxutable agreement. THirdly, MBNA never take legal action, they just sell the debt to a DCA

[dandoogle]

do you think it is worth me trying to set up some kind of payment to them and pursue trying to get the original copy of my agreement through the courts at the same time and see if the agreement is enforceable that way, as i really dont want to end up in court and get a ccj?