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Please Help!! MBNA/AIC (UK) Ltd


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Hello,

 

My Husband was made redundant in Nov'08 and was paying MBNA a reduced payment until recently. The other day he received a card from AIC requesting full payment. When he tel them he explained he no longer receives any benefit and that I would continue to pay them the money but they would not accept it. After reading the forum I would like to send them a CCA request but not sure if this is the right thing to do or which letter to use. He is not refusing to pay but we do not have what they are wanting as there is only my income. Can anyone advise please? we are really worried they are going to take him to court x

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Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

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You would need to send it to MBNA but it might be worthwhile waiting until you receive the CCA to see whether it's enforceable or not. If it is you could then send the SAR with a view to determine whether there are any unfair charges you can reclaim thus reducing the alleged debt.

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Thank you.

 

AIC are agents acting on behalf of MBNA to recover the debt. I don't think this has been sold yet, but not sure. Therefore, should I send the SAR to MBNA or can I send to AIC and let them obtain the info?

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Hi,

 

I have just received my postal order back today with a letter to advise I need to send the request to MBNA. Is this correct? should they have passed this on to MBNA thamselves?

 

Is this the CCA... in which case Yes or is this the SAR in which case no :-D

 

S.

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If your CCA request had the following paragraph in it then nothing, its up to the DCA to pass the request up the chain :-D.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

S.

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Forgot to add! they are only acting as agents on behalf of MBNA. Does thatmake a difference at all?

 

Nope, matters not one jot... if you have proof of posting I'd do nothing myself.. wait to see what there next move is. They are in breach of responding to a s78 request and as such shouldnt take enforcement actions against you.

 

S.

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Thank you for your help. We are just really nervous about this Company. The other Creditors are being very helpful at the moment....long may it last! :)

 

They are a well known DCA on here... if you search around the threads you'll get the cut of their jib so to speak.

 

This link takes you to other MBNA threads and you might get a better understanding looking at how MBNA acts from these threads.

 

MBNA - The Consumer Forums

 

As soon as that 12+2 working days is breached get the account in dispute letter sent and then just wait to see their next move.

 

S.

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Hi,

 

I have just been reading the original CCA request that I sent them and notice that I have put " provisions of s.77 will apply " it should have been s.78(6).

 

Will this invaldate my request at all?

 

I can't believe I have made such a stupid mistake

 

No it wont invalidate your request... so long as you quoted s78 for the actual request then they more than know the consequences of non-conformance... sit back and chill for 12+2 days :-D

 

S.

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Ok, thank you! I think I am thinking too much:)

 

They spoke to my husband tonight and threatened to take our house off us. He told them to put it in writing and cut them off. They are so nasty!!I can't believe they are allowed to get away with it!:mad:

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