CCA response from Virgin (MBNA) can anyone help please

[Little Lady81]

Hi,

I have CCA'd Virgin (MBNA) and they have responded just in time (today was the last day) with a letter including:

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1) Copy of executed agreement

2) Up to date Terms & Condtions

3) A copy of most recent statement (which shows the state of your account) which has been signed

For more information about these documents, please see "Frequently asked Questions" enclosed.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

I believe the debt to be unenforceable, the agreement was taken out on 09/01/2006 - there is no signature at all on the documents just simply tick boxes and the documents received are copies.

 

Please can anyone help with the next step. Am I right to send account in dispute letter. Payments have already 2 months behind due to mine and my husbands financial situation.

 

Would be grateful for any advice......

[banker_rhymes_with]

Hello LL81!

 

First step I think would be to post up what they have sent, so others can take a good look at it.

 

The more eyes the better, because you never know what someone here might spot that you might have overlooked, or considered to be otherwise OK.

 

Hide your key personal details, but try to leave the meat of the material showing.

 

Next step is to get the papers relating to this in order, i.e. dig out all paperwork that you can find, and all Statements. Pull the house apart if needed, and find everything, because something will be useful I am sure.

 

I would also send them a full s7 Data Subject Access Request, that costs £10 and they have 40 calendar days to respond starting from the day after they get the request, your main details sufficient to identify that you are who you say you are, and the fee. Allow them +2 Working Days beyond that for Postage. Any later, and chase them immediately.

 

The S-A-R is important, do not overlook it, because it will provide other useful things.

 

Then come back here to discuss what's cooking!

 

Cheers,

BRW

Edited June 2, 2010 by banker_rhymes_with
Typoooo

[Dotty50]

Hi, I found SAR much more useful if requested after DN issued and terminated and sold on, however this may depend on what you plan to do Little lady.

 

But need to see what they have sent first.

 

Do you have any PPI or late fees that can be claimed back?

[Essemess]

Little Lady, did you get a covering letter with about 11 attached sheets? I just got the same letter from them today.

 

All printed out from what look like standard letter templates. The signed statement they attached just had a "squiggle" on it with no indication of date, who's signature it was or any sort of official stamp.

 

I'll scan the whole lot and post it up for all to enjoy.

 

--Update--

 

You can find them here - http://93.97.21.154:81/images/mbna_cca_response/

Edited June 3, 2010 by Essemess
Added URL

[Little Lady81]

This is the response I have had from Virgin/MBNA - can anyone help with the next steps please?

MBNAVirgin.pdf

[Dotty50]

Hi Littlelady,

 

Page 12 of your attachment where you have put a label of sorts over your name and address, as I scrolled through it, I could make it out so you should cover it a bit more

[Series3]

Did you take this out on line?

[Little Lady81]

Hi,

Yes the credit card was taken out online. Help I can't delete the attacment too :S

[rebel11]

Hi Little Lady81,

 

If you click the balck triangle with an exclamation mark in it, and leave a message for the site team they will delete it.

 

Also MBNA need to provide you with copies of the terms and condition of each time they varied the agreement i.e. they increased

the interest rate.

[cerberusalert]

I've unapproved the attachment so no-one can download it now.

[DEBTFREEFUTURE]

HI

 

i'm inthe same posutuin with MBNA - i put the account in dispute a few months ago - i recieved much the same as you have described and mine was taken out in 2006 online also. Hadn't heard anything until a few days ago when they wrote to me staing that they believed the agreement to be enforceable and that the tick box indicated my acceptance of the agreement, t&c's.

 

I shall watch with interest and keep you informed of any developments on my part.

[bilious]

Had exactly the same stuff through he post myself... Nothing with my name etc or signature on it, am still paying them the hardship money they put me on anyone know what i should do next? thought they sent me an invalid dn but i can't find it anywhere shall have to tear the house apart methinks..

[Little Lady81]

I've had another threatening letter today from MBNA chasing full balance and early indidcations show I am a home owner?? Send a letter to them recorded del last week so just waiting a response. Will keep you updated.