MBNA Letter-What does it mean please?

[Honeypot]

Hi All

 

I CCA MBNA bank 9 months ago and despite various letters about being behind and receiving a DN on my account I finally received a very short letter today saying-

 

"We refer to your Section 78 request but unfortunately we are currently unable to comply with your request.

For so long as this continues we will not issue court proceedings to recover the amount owed to us.

This is because the debt exists and has not been extinguished and you have an obligation to pay us"

 

The letter then ends with-

 

"This has been confirmed in two High Court decisions McGuffick v RBS and Carey v HSBC"

 

Thats it.

 

What are they trying to tell me?

 

Honeypot

xxxx

Edited October 25, 2010 by Honeypot

[rebel11]

Hi Honeypot

 

It means that they can't get hold of your CCA Agreement, or they can't reconstruct it. The debt exists but they can't take you to court to enforce the debt,

until they can comply with your request.

[Honeypot]

Thanks Rebel11

 

If they can't find is it still right that they have issued me with a DN?

[Honeypot]

It means that they can't get hold of your CCA Agreement, or they can't reconstruct it.

 

Why can't they reconstruct it? Surely it's a simple thing to do to create a reconstructed agreement and then they can state that they have satisfied their Section 78 request?

 

Just thinking out loud !

[rebel11]

The recent OFT guidelines say that they can still issue you with a default notice.

[Stigman]

Have you sent the account in-disspute letter to MBNA?

You can now legally with-hold any payments until MBNA comply.