MBNA CCA only 1 of 2 received

[lochlisa]

I have 2 accounts with MBNA.

 

I requested CCA on both accounts but have only received one and they are now out of time for the other.

 

The signed agreement is from 2005 and it is only one sided photocopy which is off poor quality.

 

They have also included an 'up to date' terms and conditions print out.

 

What do I do now?

[lochlisa]

here is the scan.

 

http://i960.photobucket.com/albums/ae83/lochlisa/mbnascan.jpg[/img]"]

[lochlisa]

can someone please look at the scan and tell me if it is valid ?

 

thanks

[supasnooper]

IMHO, it appears to be enforceable.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[lochlisa]

MBNA have not responded to a CCA request within the time frame and now, a week later still nothing.

 

Can someone point me in the direction of the correct letter template to now send to them as I dont want this to fester.

 

many thanks,

 

Lisa

[lochlisa]

Can someone please advise me on the section top right of my agreement.

 

It states : Before signing this agreement you must read Sections 13 and 14 in the terms and conditions provided.

 

These t's & c's are not on the agreement anywhere - does this make a difference?

 

thanks.

[omskus]

Mines looks like this but is illegible in places - would that line be worth pursuing?

[Guest Old_andrew2018]

Bump

[dx100uk]

look in the template library..............

 

The Consumer Forums - Debt collectors

 

dx

[lochlisa]

MBNA have ignored CCA request and follow up and now I have MBNA and Global Vantedge both chasing payment despite MBNA not complying with CCA.

 

I have written the Account in Dispute letter to MBNA and this has gone ignored and now I am getting hassling phone calls and letters from Global Vantedge.

 

The address for Global is India. Do I really send the 'get lost' letter to India?

 

Any advice much appreciated.

 

many thanks,

 

Lisa

[lochlisa]

I have checked the rules etc.

 

I cannot see anywhere on my agreement an APR or a Credit Limit.

 

Does this render this unenforceable?

 

many thanks,

 

Lisa

[Crocdoc]

Send the get lost letter to India and never at any time speak to these people on the phone. Remember, the actions of the collector is the reponsibilty of the original creditor.

[supasnooper]

I'd check paragraph 1 -

 

1c says the APR is 15.9%

 

1a - The sentence they use is good enough to define the credit limit.

 

 

 

However, have you received a Default Notice served under s87 Consumer Credit Act 1974 ?

[supasnooper]

I'd send it to the address below and let them forward it onto India.

A lot of mail sent from the UK to India never makes it.....

 

Gateley Wareing LLP One Eleven, Edmund Street, Birmingham, West Midlands, B3 2HJ

[lochlisa]

I'd check paragraph 1 -

 

1c says the APR is 15.9%

 

1a - The sentence they use is good enough to define the credit limit.

 

 

 

However, have you received a Default Notice served under s87 Consumer Credit Act 1974 ?

 

thanks supasnooper

 

not received a Default notice (yet?)

[supasnooper]

When the Default Notice does arrive, KEEP the envelope..

[vinty]

I Have Read That If The Credit Card Company Raise Your Credit Limit Or The Interest Rate On Your Account They Must Get You To Sign A New Agreement Is This True.

[NPMBNA]

The letters that I have received from Global Vantedge don't give an address to post to. They have an address on the bottom of them, however it says do not send any correspondence there.

I sent my letter via MBNA and enclosed a copy of the letter for MBNA and copies of all my other letters sent to MBNA, requesting CCA, account now in default etc.

 

Hope this helps

[amber]

Global Advantedge are based in Uydog Viyar, Gurgaon, India, this is also the address that is posted on their letters across the bottom. They are merely collection agents, requesting payments over the phone. Don't send anything to India, it will take an age to get there (if they ever get it) and they would only forward your letters onto MBNA themselves. Send all letters and payments etc to MBNA at the Chester address.

[lochlisa]

MBNA. CCA, cheque cashed, no reply to CCA request, no reply to folow up request.

 

MBNA now threatening legal action.

 

Is it time for me to FSO them or is there something else I can do now?

 

thanks, Lisa

[silverfox1961]

Hi, sorry you were missed.

 

If you haven'tput the account into dispute yet, do so.

 

You can complain to the FOS but also include the OFT and trading standards.

 

you could always complain to MBNA and inform them of your actions.

 

fox

[lochlisa]

hi there,

 

already in dispute and have now sent formal complaint to FSO today. thanks for your input. will let all know what happens.

 

Lisa

[lochlisa]

got a weird letter from MBNA this morning stating that they are writing off one or more of my debts with them?

 

does this mean they cant find the CCA and are giving up or do they realise they have no chance of getting it from me?

 

thanks

[haggis1984]

Often they use the words 'write off' then go on to say that the account will be sold to a DCA - have they done this? Would be useful if you could scan in the letters, or type up the entire content so it can be put into context.

[lochlisa]

Content of letter :-

 

 

Dear Lisa,

 

Unless you call to make payment arrangements, at least one of your credit card accounts issued by us or those issued on behalf of our affinity partners will soon be written-off as a bad debt. This means that the full balance of the account will register as a Default with the credit reference agencies, and it will not release you from your obligation to repay the total debt of £ xxxx.xx as listed below.

 

Card 1 - xxxx xxxx xxxx xxxx Balance xxxx.xx Payment due xxx.xx

Card 2 - xxxx xxxx xxxx xxxx Balance xxxx.xx Payment due xxx.xx

 

In addition to a default being registered on your credit file, you should be aware of the consequences that could follow should we pursue further action. Depending upon your locality we may seek a County Court Judgment / Sheriff's Court Decree against you. This may lead to a Charging Order/Inhibition Order/Order Charging Land being placed on your property that could result in any available funds being distributed to MBNA (a Bank of America company) following the sale of your property. Alternatively, your employer could be ordered by the court to make deductions from your salary through an Attachment of Earnings / Earnings Arrestment.

 

Your failure to make timely payment arrangements forces us to consider all of our options. We are prepared to work with you and are here to help, but we need to hear from you. Please call xxxxx xxxxxx, Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

Yours sincerely,

 

 

Head of Customer Assistance

120 Day Pay Letter