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kell4040

help i am being taken to court from mbna

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hello i sent off for cca for mbna didnt get a reply so sent 2nd letter off i am still waiting

the second cca was for virgin credit card same as above still waiting

barclay credit card didnt send one just terms and cond

a&l loan same again no reply after 2nd letter what do i do now i sent off a budget sheeet at first about income and what i could afford i set up my own standing orders with what i have left what do i do now it been a good few weeks thanks

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the creditors that have not complied with in 12+2 working days from CCA request , you can stop paying.

no enforceable agreement = no pay!.

 

start a thread in each of the named forums for your creditor & then read a few of the threads

 

the more you read the stronger you become.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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i forgot to say that the credit cards were done online within the last 2 years and loan with aL was through the post there have been lots of phone calls with barclay and lots of letters demanding payments

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hello i have a credit card with mbna i sent the a budget sheet when i was made redundant qas i could not afford my payments i asked for them to freeze account and review it in few months then i sent them a request for cca they didnt reply in the time limit so i sent the another let saying they had a further 30m days to send me my cca this credit card was apply on line just over a year ago thet just keep sending me reminders for me being in arrears what do i do now

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ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Did you send them the above letter to remind them?


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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no i will get it print off now to sign thanks

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hello again just gone through paper work and i did send these off to them on the 10th r.d they got them on the 12th what now thanks

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Dear Sirs

 

 

I refer to your letter of 17 Oct 2008 the content of which is noted.

 

THIS IS MY FINAL RESPONSE

 

Capital One Services Inc remain in default of my formal request pursuant to s.77/78 of the Consumer Credit Act 1974, which was made on 3 April 2008

 

Your letter is very clearly, for that reason, an unlawful demand for payment and is, in my view, contrary to s.5(2), s.6(a)(b)© and s.7 of the Consumer Protection from Unfair Trading Regulations 2008 as well as being in breach of the OFT guidance on Debt Collection.

 

For the avoidance of any doubt:

 

NO payment will be forthcoming in respect of this alleged debt.

What I Require:

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement exists then I require written confirmation of this.

 

I require that you comply with my request within 7 days of the date of this letter.

 

I will not correspond any further with you until I receive a copy of the requested documents as laid down in section 78(1) CCA 74.

 

I am advised that should you persist in pursuing this alleged debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40.

 

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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i was wondering if the above letter would do!:)


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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However i just realised in your case itis a recent online one and more likey to be enforceable.May be best to get feedback from a caggrr mpre experienced with more recent post 2oo6 ones to see what they think before sending letter above!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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hello again yes all my credit cards were made online the A&L loans were not they came through the post for me to sign etc i sent off letters asking for cca and only barclay credit card sent back t&c and 1 of the loans A&L that i have put on here for someone to look at. because i got them online why have they just not sent me what they have out i dont understand it i sent 2 letters from the templates off but no reply from them

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hello i cant scan letter up but this is what i got this morning please could someone have a look at tell me what you think please

 

dear *****

 

account ************

account ending *******

 

partial settlement

 

with reference to the above accounts held with mbna and taking into account your current financial situation, mbna are willing to review a partial settlement of £****** against your total outstanding debt of £****** subject to terms and conditions.

 

account ending ****0000 partial settlement amount £*****

£**** to be paid on your account before 28/11

£**** to be paid on your account before 28/12

£**** to be paid on your account before 15/01/10

 

account ending ****0000 partial settlement amount £*****

£**** to be paid on your account before 28/11

£**** to be paid on your account before 15/01/10

 

all of your accounts will then register as a partial settlement with the credit reference bureau but you will not be pursued for the remaining amount.

 

please call me on ******* should you not be able to adhere to the above, at least one of the above accounts will be passed to senior account managers with the view to registering a default against you with the credit reference agencies where your credit histiory will be negatively impacted.

 

if you have any concerns do not hesitate to contact me

yours sincerely

 

name printed

 

the account is for 2 credit cards they have vaild agreements at the top of the letter it has the full number of one of the accounts but the 2nd account they only put the last 4 numbers

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MBNA have been taking partial settlement without going through collection agents for some time now.

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thanks but have they worded the letter ok and could they sell the debt on the letter does not state full and final offer.

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Hi Kell,

I settled with MBNA for partial settlement some time ago here is my thread for your reassurance..

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/217949-mbna-before-i-joined.html

 

It maybe that they do not have enforceable agreements but in my opinion thay have been fair and you should try to negotiate(in your favour obviously) for a settlement figure

If I could go back I would write to MBNA and ask that they take a reduced figure from what has been offered in Full and Final settlement which they may reject but worth a try. Here is an example of how you could ask for the letter to be worded which could be the figure they have stated if you are happy with it or put in your own...

 

We can confirm that we are unable to offer to pay the money which we owe in full. However, with assistance I can raise £****.00 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any and all liability. We request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full

Good Luck

Exasp

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MBNA offerred me 35% short settlement on a total of £34k over 4 cards - i.e. I paid £11k and they wrote off £23k. Don't settle for anything worse than this. On the other hand if they don't have valid CCA's (or they are missing) then they may settle for about 15% - or you could pay nothing and wait 6 years for statute bar - depends on what you can afford and how much you want peace of mind.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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hello they have an enforcable credit agreement i did it online also it was after 2007 i had asked for a full and final offer and they offered this at 29% i am worried over how they have worded this please can someone have a look and tell me please it does not state that they wont pass on to 3rd party

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sorry no not yet got 7 days left to do so just worried they not put f&f on letter also not stated from my letter above that they wont sell on

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please can someone give me some advice on the letter above thanks

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I'm no expert but you could try phoning or writing to them to request that they send you confirmation that the debt will not be pursued by them or a third party in the future.

 

Someone of better knowledge could tell you whether or not this would be the right thing to do.

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sorry no not yet got 7 days left to do so just worried they not put f&f on letter also not stated from my letter above that they wont sell on

 

Kell

 

I found MBNA re-issued their offer when I told them I needed more time to get the funds together.

 

I would send MBNA a letter TODAY requesting the F&F and other terms you need and asking for a further short period in which to ingather the required funds. I suspect if they see the chance of the settlement going ahead they will co-operate.

 

BTW it seems all OC's and DCA's have monthly targets - so MBNA will probably want you to settle by end November at present. However December is a very poor month for them all getting settlements - so if you do miss the current deadline I bet they will offer a December 31 deadline straight away.

 

Please let us know how it goes.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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help i have just got a letter from northampton county court for non payment of credit card £2592 i live in lancashire so cant go all the way down there

i was paying mbna £1.00 a month that i am still paying have done for the last 6 months i am on benefits now due to my ex leave me i have 2 children

i didnt recieve any letters asking for payment from mbna only 1 letter from there solicitors dated the 3rd of aug saying i had 14 days to pay this letter was sent 2nd class post i joint own my home with my ex and there is a loan on it as well please i need to no how to fill these papers in i dont want to lose my home any help i would be greatful th issue date for court papers was 23rd aug i just got them today the 26th help please anyone

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i didnt get a dn notice just these letters

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