Mbna - Not Met Cca Request

[NPMBNA]

Hi and thanks for replying.

 

I have already sent such a letter to Global Vantedge via MBNA in Chester as Global don't have a postal address and letters from them come in the same envelopes as my MBNA bills with the chester address on the envelope!!! strange.

 

Can I report MBNA to the ombudsman for non compliance? is there a letter that I can use?

Also I'm almost certain that no CCA exists therefore is there a letter to claim back all the interest charges they have applied to my account over the years? (in truth I'm not too bothered about claiming the interest but thought they might take me seriously)

I would like the debt written off as any interest they have charged me more than covers any debt there is on the alleged account!

 

Thanks

 

Just bumping this up, thanks

[supasnooper]

Can I report MBNA to the ombudsman for non compliance? is there a letter that I can use?

 

Unfortunately you can't report them for non compliance.

 

Also I'm almost certain that no CCA exists therefore is there a letter to claim back all the interest charges they have applied to my account over the years? (in truth I'm not too bothered about claiming the interest but thought they might take me seriously)

 

You could make sure that no CCA exists -

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

 

Thanks

 

 

Hope this helps

[NPMBNA]

Hi I've received a letter today dated 15th December

 

Dear xxxxx

 

We apologise for the delay in responding to your request made under section 78 of the CCA 1974. We hope to write to you further regarding your request in due course.

 

In the meantime you should continue to make payments to your account. This has been confirmed in the recent Hight Court Judgement of McFuffick v The Royal Bank of Scotland plc on 6 October 2009 in which Mr Justice Flaux directed that even in circumstances where a lender has not yet complied with a request under the Act, that lender can continu to demand that payments be made to the account.

 

We acknowledge that some of our customers, even when they borrow responsibly, can fall into financial difficulty when circumstances are out of their control. We are committed to helping our customers get out of debt as quickly as their circumstances allow, and various repayment options can be discussed with our debt advisors on xxxxxx.

 

Yours faithfully

 

 

Can you please advise my next move. Thanks

[MW2]

Hi I'm a couple of months further down the road with these clowns at mbna, they can continue to ask for payment as much as they like but thebottom line is you don't have a legal obligation to pay them anything while the account is in dipsute,they might and probably will tell you differently, in the hope you don't know your rights and you are scared into making a payment.

[NPMBNA]

I made a payment of £40, more of a goodwill gesture really. I read on another thread that it is sometimes better if it does ever get to court. When I returned home I had a postcard from Global Vantedge saying they'd be visiting me on Saturday!!! Bit of a journey all the way from India, should I bake them a cake?

[NPMBNA]

Does anyone have any letters I can write advising them that firstly I've made the payment as a goodwill gesture, as I'm not obliged to and also demanding that interest and charges added since account in default should be removed and no longer added. they have added charges for the 2 payments I've missed (I stopped payment when they account went into dispute)

 

Any help would be greatly appreciated.

[benboy]

Hi NPMBNA, I am far from being an expert in these matters but what is the point in writing more letters? MBNA have made it clear to you that they will pursue the debt. Your letters won't stop them as they think they are in the right. The bottom line is, the debt is not enforceable so they don't stand a chance in court and they know that. So why not ignore them and their DCA until they comply with your request. After 6 years the debt will be off your CRA file as it will be statute barred.

 

I have requested CCA from MBNA yesterday and intend to do just that! But it does depend on whether your credit file is wrecked or not. If it is then why not go for none payment? They screw us, so why not screw them for a change. All is fair in love, war and business.

Edited December 21, 2009 by benboy

[letsgetitsorted]

Hi NPMBNA, stick with you will get there with these m*p*ets, one thing to add, no DCA can do a doorstop visit without an appointment, if they door then they are trespassing.

[NPMBNA]

I am now even more confused. Am I now legally obliged to make payments (McGuffick case) or not?

I have still received no CCA to date. Just statements, with charges and interest added. I've had letters asking me to call as they understand the pressures of debt blah blah..........

I only stopped paying when they didn't provide a CCA as I thought it was unenforceable.

Now I'm not sure of my next move. I dont' believe there is any agreement and would like to threaten a claim for all the interest over the years as I with no agreement doesn't that mean I haven' agree to ever paying any interest?

 

Yours very confused

NPMBNA

[Its WAR]

My MBNA cca request went unanswered until 2 minutes before the hearing which I applied, for an order for disclosure. and after I spent 5 months of asking. Having produced the recon agreement the hearing was adjourned. But Restons had requested £2000 costs. New hearing in 2 weeks unless they agree to cancel their costs. They wont of course, because they will screw MBNA for as much fees as they can. Dont know what the judge will think of them if they insist on attending the hearing to argue for their costs, rather than deal by post first.

[NPMBNA]

ITS WAR : Did you keep up with any payments after they didn't provide CCA or had you stopped payments before the request?

Also how old is your account? Mine is more than 15 years and was originally taken out with N&P. I don't believe they have an agreement.

 

Can anyone please advise on my next move. I've had 3 calls from Abbey this morning saying if I can make a payment today they'll remove the late fees for me.

Guy is telling me they will get me a legally binding copy of my agreement.

I repeatedly told him I only wish to deal with them by letter and he repeatedly told me thats not possible as they are a telephone bank!!!! In the end I hung up.

 

PLEASE HELP. Should I pay the minimum every month or refuse until get a CCA.

[chinawhite1]

I am now even more confused. Am I now legally obliged to make payments (McGuffick case) or not?

I have still received no CCA to date. Just statements, with charges and interest added. I've had letters asking me to call as they understand the pressures of debt blah blah..........

I only stopped paying when they didn't provide a CCA as I thought it was unenforceable.

Now I'm not sure of my next move. I dont' believe there is any agreement and would like to threaten a claim for all the interest over the years as I with no agreement doesn't that mean I haven' agree to ever paying any interest?

 

Yours very confused

NPMBNA

 

Hi

 

I am in exactly the same situation with MBNA and am totally confused !!!!!!!!!!!!!I have submitted on moneysavingexpert forum aswell because after trying to read through all the legal issues I am now even more confused !!! sorry I cant help but am watching your replies with interest

[letsgetitsorted]

If you have sent a letter asking for the CCA and they havent sent the True Copy of the agreement with in the required 12+2 days then you can write to them saying until they send the True Copy as requested, the account is in dispute, therefore you are not obliged to make payment until you get the agreement.

 

there are plenty of threads here try looking at this one

http://www.consumeractiongroup.co.uk/forum/legal-issues/196049-cca-halifax-card.html

giving help and advise,

i havent had my CCAs back from 3 requests so have put all into dispute and suspended DDs also informed the companies using the letter below.

 

hope that helps, I am no expert the info i give is only what i have picked up on here with huge thanks to those who have submitted it.

 

failing that hit the triangle on the left and a member of the site team may be able to help out

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as reconstituted copy of my agreement as requested.

 

Further to my request under the above act, your attention is drawn to the fact that the agreement that has been supplied is a reconstituted agreement, of which is what I did not ask for, my request was for a TRUE COPY, of the executed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78, a copy of this request is enclosed. To date you have failed to comply with my request, supplying only a generic, reconstituted unrelated agreement and generic terms & conditions, which cannot be linked to any agreement which you claim that I have signed. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

 

Contrary to your assertion, xxxxxxxx have not complied with the terms of CCA 1974 s78. The documents that you have supplied, do not comply with your duties to supply a “True Copy” of any agreement you claim to have been signed by me, for pre 2007 agreements. As you will be further aware, an agreement is not executed, until signed by both parties, so the document that you have supplied, being a reconstituted, cannot be a True Copy of an Executed Agreement.

 

Therefore until you are able to send to myself a True Copy of the agreement, this account will be in dispute. With this I will suspend any further payments to Halifax in relation to the above account until the necessary agreement has been received, and once this has been received and is the agreement that I require I will resume payments on the account with any missed payments being made.

 

The relevant main points of the Law and OFT regulations while the account is in this state and Halifax remain in default are:

• You may not ask for payment against this account.

• I am not obliged to offer any payment against this account.

• You cannot register any data with a third party.

• You cannot take any enforcement action, including registering Defaults.

• You cannot pass the account on to a third party for collection.

• You cannot sell the account.

 

Let me explain here, what a true copy is:

 

In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required.

 

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the originalagreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.

 

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

 

 

I also refer you to the information below.

 

1. A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

 

 

2. Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

2. The need for prescribed terms to be contained in the credit agreement is confirmed by the Author of the CCA1974 act, I quote ““As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97.

 

 

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” - 167 Justice of the Peace (2003) 773.”

 

 

I am now granting to you a further 14 days from delivery of this letter, to produce a copy of the executable agreement as requested. After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt. If you are insisting that the non enforceable document, that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero.

 

I look forward to your response.

[benboy]

How's it going NPNBNA?

[NPMBNA]

Hi benboy, after my calls offering to delete the default charges if I pay my arrears and me refusing. I have today rec'd a letter asking me to cut up my cards and send them back. Letter says I cannot use card (this is the second letter Ive had telling me this)

Says I'm in breech of the agreed Terms and Conditions......thats funny I don't remember agreeing to anything.

[benboy]

Have you cut and returned the card? They don't sound very serious. At least there is no court threat. I'm sure if they wanted the payments from you they would simply send the required documents if they had them. Sounds like you're sorted!

[NPMBNA]

Have you cut and returned the card? They don't sound very serious. At least there is no court threat. I'm sure if they wanted the payments from you they would simply send the required documents if they had them. Sounds like you're sorted!

 

UPDATE:

 

I had already disposed of card anyway and haven't used the card for a long time.

I decided to ignore all contact from them as previously advised on another thread.

I have had a letter threatening me with a 'default' or something!!! I was shocked as it is them who put the account into default in the first place but anyway......

I have had several text messages asking me to call immediately, however in the text it does not say who I'm calling it just gives me a number to call. I know its them by the number they quote.

I have received a text today telling me to call before 5pm today.

 

Does anyone have any advise as of my next move??

[NPMBNA]

Just bumping this up in the hope someone has some advice for me. Just to add I received another statement yesterday with interest and default charges added??? wth?? Also a note at the bottom of statement threatening a default!!!

[NPMBNA]

Hello All,

 

Just hoping someone will help me this, I have today rec'd the following letter.

 

Dear xxxx

account xxxxx

 

Your credit card balance of £10,xxx.xx remains unpaid and we're now considering all of our options to recover these funds.

 

Our initial investigations indicate that you're a homeowner. As such, we may pursue litigation action. Depending upon your locality, we may seek a County Court Judgement/Sheriff's Court Decree that may result in a Charging Order/Inhibition Order/Order Charging Land being placed on your property. You should be aware this means your debt will eventually be paid from any equity available from the sale or re-mortgage of your home. Furthermore, you could also be held liable for any legal costs incurred.

 

If you'd prefer to avoid recovery action and would like us to assist you, you should call us on xxxxxx. If you call us, we'll consider your individual circumstances and devise a repayment plan that will enable you to repay this debt within a realistic time period.

 

We'd rather avoid litigation action however, if we can't agree an amicable solution we may pursue this or alternative actions to recover your debt

 

Yours sincerely

 

xxxxxxx

 

 

So what should be my next move??

 

I'm pretty certain they have no agreement.

 

I only stopped paying when they defaulted by not sending the an agreement.

 

I want all interest charged refunded, as without an agreement I dont' see how they can charge interest.

 

I'm sure they would end up owing me money but I'm happy to simply 'call it quits' as it were.

 

Any suggestions or advise would be greatly appreciated. I'm completely out of my depth here.

 

Thanks to anyone who look at this for me.

[NPMBNA]

Hi,

 

Just hoping someone has some advice on this. Thanks

[miss muppet]

Don't worry about this, usual MBNA fare, they cannot follow through with any of these threats unless they get a court judgement, their object is to make your blood run cold, have you had any of their scenic postcards yet, I had pumpkins, bare trees and fallen leaves - lovely. Seriously have a look at the legal successes forum, just keep following the advice, keep everything and don't answer the telephone if they ring.

[miss muppet]

Just to add to the above, it can all seem a bit daunting but you will get more familiar with things as you go along, hoping the attached might help, it was provided to me by my local TS and has proved very helpful

http://www.consumeractiongroup.co.uk/forum/legal-issues/196114-miss-muppet-mbna-costs-4.html

 

Sprry, its post 69 you want

Edited April 16, 2010 by miss muppet
making things clearer hopefully!

[NPMBNA]

Thanks so much for coming back to me Miss Muppet. So did MBNA carry on threatening you and took you to court (almost)?

 

I actually think they owe me money because of the interest charges!!

 

What should I do now? wait? Will they eventually admit in writing they have no agreement? or should I expect a court date first?

 

I just don't know what to do......

[NPMBNA]

Just bumping this up, hoping for some advice.

 

Thanks

[NPMBNA]

I have today received the following email from mbna and was hoping someone could give me some advice.

Thanks everyone

 

 

Dear MXX XXXXX,

 

Your balance now totals £XXXX.XX. Payment of your debt is required today.

 

Please be aware that a default has been scheduled to register on your credit file. This default will seriously impact your ability to obtain credit in the future.

 

To avoid this, make an immediate debit card payment using the link below:

 

 

If you are experiencing financial difficulty and you are unable to make the required payment, you should contact us immediately on:

 

01244 681461

 

Even if you cannot make a payment today, call us to ensure we are aware of your current situation.

 

If you would like to discuss settling the account for a reduced amount based on your circumstances, we would be happy to discuss this option with you.

 

Should you fail to contact us, in addition to the default stated above, your account may be sent to an external agent to collect on the outstanding sums.

 

Make a payment online or contact us today - we are here to help.