help what next

[stmark]

i ve sent a letter to capital one requesting a signed cca and they replied sending me a copy of the terms and conditions only not sure what letter to send next

 

ive also sent the same letter to mbna requesting a signed cca and have no response they are well over the time limit we gave them what is the next course of action.

 

there are so many letters on here just not sure which us the best way forward, should we stop paying them or carry on, at the moment we are paying over £300 a month to mbna.

its taken us ages to pluck up the courage to send the first letter but things are getting dire and we need to do something niw to try sort this mess out, any feed back would be good thanks

[kurvaface]

I think if you have CCAd them and not had a satisfactory response or a response within the correct time period then you are within your rights to stop paying. I think you have to let them know though.

[stmark]

yes but any idea what i should send to them obviously they wont be be happy if we just stop paying which is the best letter to send

[kurvaface]

something along these lines I think

 

Amend as necessary

 

Account In Dispute

 

Dear Sir/Madam

 

Ref:

 

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 with 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 xxxxxx.

(12+2 days after you sent the CCA request – Delete this line)

 

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. If you not respond within 14 days I shall take it 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,

[MARTIN3030]

We need some more detailed info-to give specific advice.

Have you got threads elsewhere in relation to either of these ?

[sam614]

click on blue DCA link

 

sent template number 9 to cap one.

 

sent number 20 to mbna.

 

puts account in dispute,then stop paying,untill they comply:)

 

send both recorded,

DO NOT SIGN.

 

SAM:pLOWELL DETESTER

[stmark]

ok thanks for that, are people still getting success with these claims do you know. I ve read that mbna can be areal pain, and the thought of all the phone calls and hassles worries me but i m hoping there s a light at the end of the tunnel

[stmark]

ok cheers how far down the line are you with them

[stmark]

We need some more detailed info-to give specific advice.

Have you got threads elsewhere in relation to either of these ?

 

 

no ive just done this , have i posted in the wrong place