CCA from MBNA/Link- any ideas?

[lamb909]

Have received a CCCA from Link re MBNA debt, cant scan it as no printer so have searched forums and found one like it, hope the bloke doesnt mind me borrowing his photos but its just the same, I have sent a letter saying its unreadable but still chasing and now phoning, dont know how they got my number as its ex directory and only work, friends & family have it, have asked just to contact me in writing

 

heres what it looks like

 

 

 

Sorry to the bloke I've borrowed the photos from but its just the same and have no way of getting my own on here

[Bazooka Boo]

If you have a digital camera then use the macro setting and take a photo of it, then post it up.

 

However if yours is exactly the same as that, then you've nothing to worry about, tell them the account is in dispute due to their miserable failure to send you anything remotely like a credit agreement, and stop all payments.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

OR

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

Keep a diary of events as to their telephone harassment, you can send them this:http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

You could also add that " I am keeping a diary of events as to your repeated telephone harassment, this will be reported to the relevant organisations and authorities, including but not limited to, the Office of Fair Trading, Trading Standards, Ofcom and the Police for the criminal offence of Harassment under the Protection from Harassment act 1997 (s1), I Trust I have made myself very clear that your repeated calls to not only my private residence but my place of work also, will not be tolerated. I will ONLY communicate with you in writing.

[lamb909]

Thanks for that, sent the letter the same day and got a reply this morning more or less saying their intensions are not to allow me to leave account unpaid, that its regiserd at CRA and it will stay on there for 6 six years and willmeffect my ability to obtain credit - already knew that!! it then says if i do not take action then they may place your deatils with asser investigation to validate my persinal dadta and pursue any action that might prove necessary to recobver balam=nce without firther reference to me.

 

They havent answered the points in the letter I sent, just ignored it and said all this. Getting a bit worried now, any advise most welcome as not sure how to go from here.

 

sent the letter saying as posted above, not the one within the timescales etc as its been going on for years but the other letter and the "CCA" they sent me is exactly the same as the one above that I copied

[miss muppet]

Thanks for that, sent the letter the same day and got a reply this morning more or less saying their intensions are not to allow me to leave account unpaid, that its regiserd at CRA and it will stay on there for 6 six years and willmeffect my ability to obtain credit - already knew that!! it then says if i do not take action then they may place your deatils with asser investigation to validate my persinal dadta and pursue any action that might prove necessary to recobver balam=nce without firther reference to me.

 

They havent answered the points in the letter I sent, just ignored it and said all this. Getting a bit worried now, any advise most welcome as not sure how to go from here.

 

sent the letter saying as posted above, not the one within the timescales etc as its been going on for years but the other letter and the "CCA" they sent me is exactly the same as the one above that I copied

 

Are they still 'phoning? If so send them the letter in the post above otherwise ignore. If you haven't got an answerphone or just want to answer just say"in writing only" and put the phone down. With regard to their letter of drivel, ignore. Its your call but if I were you, I'd stop paying now.

[lamb909]

Thanks for replying, yes i also sent the letter telling them to contact me in writing only and they havent phoned since. I havent been actually paying anything to them for approx 4 years

 

Do you really think their letter id drivel , waht are the chances of them taking it further, sorry to ask but not sure how these things work?

[lamb909]

Shameful bump

[Bazooka Boo]

TBH if that is all they have sent you, and you have looked through the two links I posted earlier and it doesn't contain any of those prescribed trerms, then send them the 'failed' letter.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[lamb909]

Thanks mate, I understand your answer but I dont know if it contains the perscribed terms as its unreadable? I can't make anything out other than the bits in large letters

[lamb909]

if you look at this lads thread its exactly the same

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?127375-MBNA-Link-Financial-CCA-Response&highlight=weller711

[Bazooka Boo]

If what you have received is unreadable then, IT IS unenforceable, you can send them the 'failed ' letter in post #7 OR http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

Either way, if you cannot rad it, then it IS unenforceable and the account IS in dispute.

[lamb909]

Thank mate, should I add anything to the kletter to say its unreadable and therefore unforcable

[Bazooka Boo]

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed

agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety

under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

Page 2 of 31

http://www.johnpughschambers.co.uk/Consumer_Credit_%28Cancellation...cuments%29_Regulations_1983.pdf

[lamb909]

Chasing again, sent same 'CCA' as above. Last payment was made before or in April 2012 so will be SB in a few months. (Know this as I was paying debts with a DMC and stopped paying them within this timescale, need to make sure on dates though byt no payments made since then) Do I leave it, send same letters as before or something else.

 

Appreciate any help, think I know to send letters again but just need to make sure. Cheers

[Bazooka Boo]

I think the length of time this has been going on for tells you all you need to know. It is a pup and nothing to worry about, if they had anything remotely enforceable then they would have taken legal action well before now.

 

Can you just confirm that date you last made payment or acknowledged the debt, you say it was April "2012"??? Now either youv'e got a trime machine, or I have been asleep for over a year!

[lamb909]

Lol BB, no, I made the last payment through a debt management compnay in 2006 (think it was April but need to confirm this) so it will be SB in 2012 as no payments or acknowelged since 2006. Hope this clears it up

[Bazooka Boo]

Even better if it is April fools day!

 

I had a great envelope from TPUC with the words "Who's the fool?" "No contract RTS" I sent that to quite a few of them last April....