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No credit agreement, only an application form


gordies
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MBNA have confirmed to me that they only have page 1 of my application form from 1993.

 

They have nothing else relating to my application.

 

They quote the Carey case and say that not having all the paperwork is not an issue and that I must continue to pay.

 

I do not want a bad mark on my file but surely I can reclaim all the charges and interest and ask them to stop all interest and charges from this point on?

 

What is my best course of action?

 

thank you.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

requested copy of executed agreement.

 

Have been sent a hard copy of Credit Agreement which is basically 2 pages of rights, loss or misuse of card, apr and charges.

 

There is no copy of an application form or anything I may have signed (we are talking quite a few years ago now).

 

They have also sent another 2 pages of charges and general conditions which actually contradict the charges in the first 2 pages.

 

Is this an attempt to make something up to shut me up?

 

If they have not got the original application form with my signature can I place this in dispute and stop paying?

 

thanks for any help.

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  • 5 months later...

they are trying to pull a fast one.

 

I did not sign CCA request, I printed my name.

 

Now they won't tell me anything without my signature.

 

Is there a template letter I can use telling them to take a hike as a signature is not required?

 

thanks !

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tell us the full story please

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

MBNA admit they have no paperwork and will not take court action.

 

Sold debt. DCA hassling all the time.

 

Sent them the standard 'withdraw implied right of access', they saying it does not apply as they will send me an appointment date with enough notice.

 

How do I tell these muppets to take a hike and leave me alone?

 

thanks.

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There is a draft letter in the CAG library.

 

You could of course ask them why the laws of harrassment and intimidation do not relate to them and to provide you any legislation that they are going to rely on.

 

Which DCA is this ?

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three thread s merged for history

please stick to one thread per debt

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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lowlife

 

ignore them

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

been going on 3 years now.

 

Original MBNA debt was sold to Varde whilst still in Default Notice period

 

so, sold causing an unlawful rescission?

 

This is what I told Varde and, after a few months, they must have disposed as just about every one else been chasing this since.

 

Do I just ignore Quantum, like I have done with everyone else since Varde?

 

Ohhh, their letter states '...are willing to consider any realistic offer to help repay your outstanding balance'.

 

thanks.

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It wasn’t unlawful rescission. That defence won’t hold, I’m afraid, if they issue a claim.

 

What’s most likely is that the MBNA default notice was deficient – they usually were three years ago, which means that technically the account has not been properly defaulted, therefore still persists, and cannot be enforced through the courts. Do you have a copy of the DN?

 

Varde bought loads of accounts then subsequently dumped a lot – not always the duffers though. Seems they took as much as possible as quickly as possible then sold them on.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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how old?

 

is this on your CRA file?

 

ever had any discount letters?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As I thought – doesn’t leave long enough to remedy, as MBNA DNs have been proven to be sent out second class (see the case mentioned below). So deemed served on fourth working day after posting = 13 May 2010. Add 14 days = 27 May. So deficient by two clear days.

 

This is not a de minimis issue, as proven by case law – see Harrison v Link. So technically your account has not yet been terminated.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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That letter is meaningless, even as a notice of assignment – an inaccurate notice of assignment is a bad notice. The facts within it are wrong.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Also another case of the default being recorded BEFORE the DN was issued (ie. defaulted in April 2010, DN issued in May 2010). This is plain wrong. If you had remedied the DN, then the account should have been treated as if the breach never occurred. So you have been treated unfairly.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 2 weeks later...

Have you ever sent a CCA request for this account? Suggest you do.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Have you ever sent a CCA request for this account? Suggest you do.

 

Yes I have, and received a print out with box ticks as it was all applied for online. They also included statements and copies of T's & C's.

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When did you open the account? Did you apply on-line?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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