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link & Mbna cca? in court tomorrow


Trev2020
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Hi Trev,

 

I got my so called cca through a SAR request to MBNA which is pretty much same as yours but in the logs where Link have asked them for one

they've said the original is illegible. Been waiting 6 weeks for Link to send me a reply to my cca request , mine is originally from 2004.

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  • 3 weeks later...

Hi Wolf,

 

Have you heard any more? I'm still awaiting for my SAR response from MBNA.

 

Also, I've just had a letter from link stating if I do not contact office then they are going to start court proceedings.

 

I'm tempted to send another failure to comply letter, does anyone have any other suggestions?

 

Cheers,

 

Trev

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Link sent me same illegible cca as MBNA but also sent an unsigned readable version of it.

 

I've sent another failure comply letter to Link on the grounds that they didn't send any variations in the terms and conditions that have happened,

 

the "agreement" has not been signed by the original creditor and they haven't signed the statement of account.

 

According to OFT guidance on CCA requests they have to satisfy all these.

 

The prescribed terms are apparantly on the reverse of the "agreement" but no link to them so can't be sure they actually were on the original.

 

Waiting for a reply off them.

I've also sent MBNA a reclaim letter for all the penalty charges.

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Hi Wolf,

 

Have you heard any more? I'm still awaiting for my SAR response from MBNA.

 

Also, I've just had a letter from link stating if I do not contact office then they are going to start court proceedings.

 

I'm tempted to send another failure to comply letter, does anyone have any other suggestions?

 

Cheers,

 

Trev

 

i would suggest it says MAY not will

 

read it properly.

do they own the 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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I've sent another failure comply letter to Link on the grounds that they didn't send any variations in the terms and conditions that have happened,

 

the "agreement" has not been signed by the original creditor and they haven't signed the statement of account.

 

 

Wolfchild,

 

Was this letter the failure to comply letter from the library?

 

dx,

 

I've just read letter and it states the following:

 

Opening sentence: "Unfortunately as you have not advised us why you have stopped making repayments we have cancelled your repayment plan." - Account in dispute, failure to comply letter sent??

 

Few paragraphs making assumptions about my circumstances and a plea to contact them...

 

Closing sentence: "Whilst we remain committed to recovering this debt by negotiation we will, if needed, pursue you through your local county court if you do not contact our office." - Bullying tactic??

 

I can post copy of letter later on if required.

 

Should I send another failure to comply letter and see what happens or do I need to approach this in a different manner?

 

Again, any help really appreciated...

 

Trev

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Hi Trev,

 

I just used the template letter off here then adapted it to suit the situation, stating why I feel they haven't complied with my cca request and quoting the neccessary OFT guidelines, the main reason being they haven't sent the variations in the terms and conditions and the OFT 1272 guidelines for business specifically says that :-

 

2.28 Although some creditors have apparently considered it is sufficient to

provide a copy of the current terms and conditions (that is, 'a statement

of the terms of the agreement as varied'), that does not comply with the

requirements of Regulation 7. In Carey v HSBC Bank plc15 there was

detailed analysis of this issue and it was confirmed that 'include' meant

that the documents showing the variations were to be supplied in

addition to a copy of the original agreement.

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Not heard back from them yet, won't know what next step to take till they do reply, some of it depends on how MBNA deal with my reclaim. Will let you know what the reply says and then see if it's any use in your situation but OFT1272 is a good read,let's you know in laymans terms what you should get back from a cca request.

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Is this your thread and if so, what's the update?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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A CCA request entitles you to..

 

A copy or truthful reconstruction of the original agreement

A copy of the terms and conditions at inception

A copy of the terms and conditions at default or currently

A statement of Account.

 

It is my understanding that in order to fulfil an s78 request - all these documents should be supplied together and not over a period of time.

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Hi,

 

Link sent me a copy of the agreement stating it was the CCA. I've sent them a failure to comply letter twice. They have since sent a letter stating they do not know why I've stopped payments. I'm going to resend the failure to comply letter amended with the guidance of OFT 1272.

 

Still awaiting SAR from MBNA, I didn't send that off till recently...

 

Trev.

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Hi CitizenB,

 

I never received a copy of the agreement (see pdf in 3rd post) or a statement of account.

 

Link are now asking why I've suspended payments even though I've sent a failure to comply upon receiving this documentation.

 

Trev.

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  • 1 month later...

Hi,

 

Yeah I did what Stigman said. I'd get the SAR off to MBNA as soon as you can, and send the CCA to Link.

 

From Link I had an application form etc as I've explained previously.

 

Recently had my SAR from MBNA. In the pack there was no details in the CCA section.

 

So as it stands I've sent Link a second failure to comply letter. We have not received any further correspondence from Link so we're currently putting the money to one side each month and waiting to see what happens next...

 

If you need anymore info just let me know or ask in the forum.

 

Generally the advice given on here is excellent and they'll be able to guide you as to the options available to you.

 

I've been given excellent advice and wouldn't be in the position I am now if it wasn't for the help I received on here.

 

Cheers

 

Trev

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  • 4 years later...

Evening all,

 

Well my day in court as finally arrived... tomorrow will hopefully be a happy conclusion after a long and stressful battle, or maybe not!!

 

Long and short of it, Link / IDR are still stating the agreement provided all them years ago is enforceable, and I'm saying its not... district judge lottery time I guess!!

 

Either way, though I've not actually posted on the forums the information contained and guidance provided is invaluable. Without you guys I wouldn't even be in a position to fight.

 

Regardless of the outcome, I will post an update to close the circle...

 

If I've learnt anything through this, it's never given in - no matter how alone and out of your depth you feel.

 

Fingers crossed its goes in my favor, but if not, at least I tried hey!!

 

Thank you all once again...

 

Trev

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I suppose a lot has happened in 4 years Trev since your last post...but best of luck for tomorrow.

 

 

Regards

 

Andy

We could do with some help from you.

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another thread and various random posts made earlier on other peoples threads merged here for history

 

 

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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I suppose a lot has happened in 4 years Trev since your last post...but best of luck for tomorrow.

 

 

Regards

 

Andy

 

It has indeed... either way I'll post my defence and the outcome, along with the judges comments.

 

I wouldn't say I'm confident, but I believe I have a case. Just hope nerves don't get the better of me...

 

Trev

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I suppose a lot has happened in 4 years Trev since your last post...but best of luck for tomorrow.

 

 

Regards

 

Andy

 

Trev does not post too regularly :wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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