Equidebt have provided CCA at last for MBNA debt!

[Livis]

Hello everyone,

I had an MBNA credit Card that was sold onto Equidebt some time ago.

When i originally sent them the CCA they said they would contact the original company and get back to me.

Well 6 months later they have finally sent me the copy of my original application form.

I knew they would do this eventually as when i sent a SAR to MBNA the copy application form was included in the documents they sent me.

 

I have posted elsewhere but have had no answers yet.

I'd like some opinions on whether this is enforcable or not, please see post 1.

The only thing that makes me suspicious is the back of the page that refers to the terms and conditions, mentions numbered terms that are not present on the document??

 

http://www.consumeractiongroup.co.uk/forum/mbna/187408-enforcable-please.html

 

Ta Livis xx

[mothsinmywallet]

It is unenforceable as it is not a properly executed credit agreement. Write back to the compliance team at Equidebt. It has been taken from a letter I sent when I got an app form. The fact that Equidebt bought the debt is in your favour. They would on the going rate paid a max 16p to the £1 for the debt. More often or not its 8 or 9p. They will often write off the debt if they feel its going to be a problem account. Good luck

 

Please see my letter ref Account 123456 regarding the request for CCA documents. As of 3rd July 2008 you have not complied with the original request for documentation on the 11th June 2008 (the date recorded on Royal Mail signed delivery ref: xxxxx you received the letter). You are in default of my request.

 

In response to the CCA request, I have today been sent a rather poor photocopy of an application form and not a properly executed credit agreement as per request. It is not possible to determine if all the terms prescribed in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) are present since the copy is partly illegible and does not comply with Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

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.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. The dispute is legally valid being under Consumer Credit Act 1974 (Sections 77−79).

 

Whilst it remains in dispute the agreement is unenforceable.[Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring on xxxx date

[Livis]

Hi,

thanks for posting your comment i really appreciate any advice.

Do you think i should question the legibility of the document, as although it looks a bit grainy i was able to read it all.

I think my main point is that i cannot be sure that the terms and conditions that contain the prescribed terms were actually on the back of the application form?

I'm starting to worry with this one now, as it's a big debt £7.5K and all of the prescribed terms are present

[mothsinmywallet]

The form as far as I can see doesnt tell you what your credit limit will be nor does it give you a date of when your first statement/payment would be due. There is a squiggle of a signature and a date on the form - is this MBNA's attempt at being signed for and accepted on their side. If so it should say - signed on behalf of MBNA.

 

My debt with Equidebt was £8k and I got that written off and my credit reference entries deleted. It took some time and you have to combat their objections but stick to your guns. Dont be surprised if when you complain to Equidebt you get a holding letter and may take 6 weeks to resolve. But in meantime whilst dispute ongoing you dont have to make a payment.