Help with MBNA CCA, please. - ***WRITTEN OFF***

[Laura Cooke]

When requested CCA this was sent by MBNA (1st of 4 loose pages) name and address typed in on the front others I have seen for periods 2003 and 2005 do not have any name or address typed on the front I personally think this as been added this copy is exactly the same as my husbands 2005 CCA they sent except for interest rates it as same £12 default charge showing even though on the 2005 application terms and conditions it is £25 nowhere for this to be signed though the copy of the "Credit Card Application" sent along with this 4 page "credit card agreement" is signed

Edited January 13, 2010 by sea-sidelady
edit

[Laura Cooke]

I sent off for my husbands subject access request and had the £10 postal order returned with the documentation and the enclosed letter they want proof of signature i was advised to report them to ICO which I have done how should I word a response?

[maroondevo52]

Hi, Laura.

 

Could you please re-post, removing personal details.

 

Thanks.

 

Scott.

[Gazza112]

Hi Laura

 

Just picked up your thread, that application form they sent you was the same as mine. They tried to fob me off saying it was an agreement, i would write to them stating that this account is still in dispute.

What was on the other side of that application form?

Also just to ease your mind, they sold mine onto CL Finance/Howard Cohen which never could produce the originals to Court.

Funny thing is i'm going to Court next Tuesday, asking for wasted costs on a simular application form as what you have received.

 

Gaz

[Laura Cooke]

Hi Gaz on other side of the 2005 application/agreement it has terms and conditions at the bottom of the page nowhere on the front of this application/agreement does it refer to these terms and conditions on the back they look like they have been stage managed there I have posted it above both sides and explained how i received them thanks for advice much appreciated already wrote back not heard anything yet

Edited December 30, 2009 by Laura Cooke

[Gazza112]

Hi Laura

 

Mine had Ryanair advert on the back of mine, if you go to my thread you'll see what mine looks like.

 

Best way and easiest wat to remove personal details is do the following.

When you scan a document save it as a JPeg file,

Double click on the image and it should take you into if you have one on your computer to a program called adobe photoshop or another program like that.

Your find a tool in the program which is called the eraser tool, just like a rubber. Once you have found that you can rub out all your personal details than save the amended file.

Once you have done that you can then upload that file to photobucket.

Sounds complicated but it's preaty easy.

 

Hope that helps.

 

Gaz

[Laura Cooke]

Hi Gazza I printed one out off of here with Ryanair on back as it was so like one of my husbands applications so that must have been yours, thanks for the info will give it a go

 

You get so much conflicting advice on here concerning cca being enforceable that it leaves you unsure some say the application is the executed agreement some say it isn`t some say the lender as to sign it others say they don`t makes your head spin wish someone would stick to one thing. I downloaded my agreements to the site but no one as come forward to advise so got nowhere as of yet, I have wrote back to MBNA about the 2 accounts my husband has stating the applications they have sent me with the up to date terms and conditions do not satisfy my request but again not sure this is so till someone on here states otherwise:rolleyes:

Edited December 30, 2009 by Laura Cooke

[Laura Cooke]

Hi I sent a reply letter (didn`t say it was on dispute just said that they have not complied with my request) to MBNA as what they sent me when I requested CCA isn`t acceptable I told them to send what I have asked for not what they have sent and have given them till the 6th January 2010 to send me correct signed agreements for the 2 accounts, 2003 account as terms and conditions on the front at the left hand side however someone on here asked does it have an address underneath yes it does and it`s different to the address on the right hand side of the front page!!! so obviously this is a cut and paste to me that is fraud? on the back of the 2003 application/agreement is a RAC advertising page all these are on my thread for people to see and HOPEFULLY make comments and give advice to?

 

The 2005 MBNA account as terms and conditions on the back at the bottom of the page they look if they have been added that way and no reference on the front to them being on the back

 

No Laura is a pet name and Cooke isn`t my surname

 

I have just wrote a letter out to MBNA in response to my request for the SARS which they returned with the £10 postal order stating they need a proof of identification basically I have said they don`t need this they are well awre who my husband is didn`t know what else to say as not had any help on here as such

 

I have downloaded a fair few documents on here this week I may not have them in right places/threads can this be sorted for me then maybe I might get responses to my husbands LLoyds Tsb account and the CITI accounts he as had defaults and I want to know what to do about them

 

Sent a 31.6 request to LLoyds Tsb stressing it was not a 78 consumer credit act request but they have responded with a 78 request and cannot locate signed agreement they just sent copies of what could be anyones terms/conditions and agreement adding my husbands name on front of them just like MBNA have

 

Yes still making monthly debt management plan payments. I placed my husbands 6 credit card (MBNA 2, LLoyds Tsb, CITI, Capital One, Halifax) accounts in the hands of CCCS in June 2009 they make monthly payments of £134 between the 6 accounts all 5 creditors have refused to accept the low payments but are cashing them if I stop payments to the 2 MBNA acounts CCCS won`t deal with the payment plan it`s all or nothing I understand with them? so not sure what to do till I find out where I stand with the other accounts trying to deal with one at a time but now getting defaults not sure what to do? Did notice that that MBNA sent what they say on the letters are Defaults in August when only around 3 payments had been missed thought they have to allow 7 payments missed?

 

Not heard anymore from anything to do with MBNA anything I have had for any of the creditors I have posted up on the site, had 2 things in past week off LLoyds Tsb a default and letter off SCM & default letter off CITI

 

Happy New Year

Edited January 1, 2010 by Laura Cooke

[car2403]

This is, effectively, a stalemate - they will never admit to having an unenforceable debt on their books and it probably means that they WON'T take you to Court, but will sell the debt to a DCA who will hound the life out of you, in the hope that you will cave in and meet their demands.

 

You can either ride this out and see what happens, but you may end up with a Default on your credit file, or you can ask the Court to determine the rights of the parties to the agreement using s.142 CCA 1974.

 

It does appear to me that the debt is unenforceable, for the reasons you've stated, but it may well be difficult to convince a Judge that it should be declared unenforceable. If the Judge disagrees with you, you'll be in a position where you need to consider making an Appeal, which can get very expensive if you get another numpty Judge second time around.

 

I'd really suggest you read up on some of the other threads in the success forums, so you're fully informed and have the correct expectations of what this means to you, before you go further.

[Laura Cooke]

Appreciate the reply though it doesn`t cover all I`ve asked I assume you are referring to MBNA?

 

Like I said ideally I should deal with one creditor at a time but when I have default notices I find that not possible if I have my threads in wrong place could someone on the site point this out and put them in correct place? I accidentally started off from beginning with putting Laura in the title is this preventing me from receiving responses? meant it to be MBNA CCA

 

My husband will already have gone from an excellent credit rating to poor when he stopped making full payments so why does this matter to him what defaults are registered he`ll never get credit with credit card companies we haven`t got a mortgage he`ll never work again so this is of little interest defaults?

 

If I get the threads in right place assuming they are not as obviously i have struggled grasping how to do things then I might get some help I have spent many hours reading posts and printing them off which is hard work as well as looking after my husband so i`m very grateful for help:)

Edited January 1, 2010 by Laura Cooke

[maroondevo52]

Hi,

 

I'll re-title this thread and have a look at your other threads, see what needs moving.

 

Regards.

 

Scott.

[Gazza112]

Thanks Gazza can`t understand why had no responses to anything I`ve posted it really is deflating as I was advised "All you need to do is post and someone will help"

 

Look forward to hearing about your result at court do wish others would come forward and advise it really is a lot of pressure on my own as my hubbie as a brain injury and it`s hard enough seeing to him never mind all this added stress

 

 

Hi Laura

 

Just to let you know, won my wasted Courts Judgement for costs today.

Will post on my thread when i get the order through the post.

 

Gaz

[Gazza112]

Hi Laura

 

You can use this letter, just amend it to suit your requirements.

 

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Regards

 

Print dont Sign

 

 

 

Gaz

[Laura Cooke]

Gaz

 

I really appreciate your constant help and advice how do I post each new thread? I mean where is it when I post a reply do I put a new title in there or have I missed where you put new thread?

 

Yes I find CCCS a bit biased on the site again conflicting stories about CCCS some said they took their orders to stop payments to certain creditors whilst others said they refused and stated "You have had the money and your creditors can prove you accepted the debt by paying us"

 

I have no idea if anything that I have already posted in particular the credit card agreements I posted up are in the correct place as I never ever heard anything from posters only a site team member

 

What pointer did you win under? hubbie been paying the CCCS since June to be honest what they do for you I`d recommend doing it yourself they don`t do anything other than distribute your payments I was told creditors take more notice if you on a debt management plan but don`t believe that we have had tons of letters and phone calls and I`ve dealt with them all so what do you get out of being on a debt management plan?

 

Laura

[Gazza112]

Gaz

 

I really appreciate your constant help and advice how do I post each new thread? I mean where is it when I post a reply do I put a new title in there or have I missed where you put new thread?

 

Yes I find CCCS a bit biased on the site again conflicting stories about CCCS some said they took their orders to stop payments to certain creditors whilst others said they refused and stated "You have had the money and your creditors can prove you accepted the debt by paying us"

 

I have no idea if anything that I have already posted in particular the credit card agreements I posted up are in the correct place as I never ever heard anything from posters only a site team member

 

What pointer did you win under? hubbie been paying the CCCS since June to be honest what they do for you I`d recommend doing it yourself they don`t do anything other than distribute your payments I was told creditors take more notice if you on a debt management plan but don`t believe that we have had tons of letters and phone calls and I`ve dealt with them all so what do you get out of being on a debt management plan?

 

Laura

 

 

 

Hi Laura

 

 

If you go to the top of your page, your see Consumer Forums click on that ans skroll down the page near the bottom your see different bank forums.

Click on the one you need, then skroll down the page till you come to new feeds. Just click on that and add your own title, then repeat that process for each bank.

The CCCS are not all there maid upto be, as you said you can do the work yourself. At the end of the day the creditors are still going to blacklist you weather your with the CCCS or doing it on your own.

 

 

Gaz

[car2403]

There's a new user guide to CAG in my signature which may help, Laura

[Laura Cooke]

Thanks Gaz and Car2403 at post 52 Scott said he`d take a look at my threads and would see what needed moving as this been done? so every time I want to post something I have to look things up under the bank I`m posting about? everything I respond to lately I just click post reply and it`s all under title "Help with MBNA please" but all things I have discussed lately are not about MBNA they are about other banks as well I find this all very confusing like this I`m sending now do I have to change title and look for where it should go? it`s not easy is it? well not for someone like me it isn`t one day I might get it but don`t count on it lol

[Laura Cooke]

Clicked on the signature thing it says I don`t have permission to access that page

[Gazza112]

Hi Laura

 

Just think of it as a filling system, it's easy once you get you head around it. You don't need to go searching for your posts, all you need to do is go to the top of the page click on search and enter your ID name.

You will see all the threads you have subscibed to including yours.

Hope this helps.

 

Gaz

[diddydicky]

or click on your name in the left hand column of one of your posts!!

[car2403]

Thanks Gaz and Car2403 at post 52 Scott said he`d take a look at my threads and would see what needed moving as this been done? so every time I want to post something I have to look things up under the bank I`m posting about? everything I respond to lately I just click post reply and it`s all under title "Help with MBNA please" but all things I have discussed lately are not about MBNA they are about other banks as well I find this all very confusing like this I`m sending now do I have to change title and look for where it should go? it`s not easy is it? well not for someone like me it isn`t one day I might get it but don`t count on it lol

 

I think the best thing to do is to give the site team the post numbers - these are in the blue banner, above each post, and begin with a hash (#) symbol - so we can move them to a new thread and retitle that one accordingly, to save you getting confused Laura.

 

You can either report a post in your thread, (each post has a red triangle to the left, near the bottom, over there

 

HTH.

[Laura Cooke]

Please remove posts to correct places, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 36, 43, 44, 45, 46, 47, 49, 53, 57 and 58

[Laura Cooke]

Hi Laura

 

Just think of it as a filling system, it's easy once you get you head around it. You don't need to go searching for your posts, all you need to do is go to the top of the page click on search and enter your ID name.

You will see all the threads you have subscibed to including yours.

Hope this helps.

 

If I want to post something about a bank now would i go to say the LLoyds tsb bank site post there and then do I have to keep looking under the correct bank I`m posting about for reponses or do they just appear here where i`m posting this to you? it`s that what I don`t get responding to a post I`m responding to you now but am I supposed to? or by responding here now does someone put it where it`s meant to go? I hope it does get easier as it`s frustrating to put info on here to then realised no one can see it:|

[Gazza112]

Hi Laura

 

When people respond they will go to your thread, i.e if you have a thread named Lloyds Bank they will respond to that thread alone.

You will also receive an email telling you which thread you have a reply on.

That's why you get Cagger's who can give advice on one bank and other's can give you advice on another Bank.

That's why it's advise to split your threads, which i think Car2403 is helping you with.

Don't worry Laura your in safe hands and help is here.

 

Gaz

[Laura Cooke]

I have 2 companies i have not sent a cca request to but have had defaults off them would you now send them a sars or a cca request or both?