AK/Judge & Priestley - claimform - old MBNA card 'debt'

[out_of_the_red]

I've been looking for the CPR letter but can't find it, can you point me in the right direction?

 

I sent them the dispute letter before I got the application form and T&C's posted above

 

Sorry I meant delaying tactics in keeping MBNA at bay

[bazaar]

here you go, read through and amend to suit, also so you understand what youre going to do here. Remember, theres no point in sending this, if youre not fully prepared to back up.

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by XXXX Date ( Give 21 days to respond)

 

 

Regards

[holley]

Red have a look at the response posted to my question about mbnacca please look, clemma has posted a response that may be helpful to you as well, by the way the signatures from mbna on your form and mine are the same person she must be very busy!

[SB100]

IIRC shouldn't the CPR only be used once court proceedings have been instigated?

 

In my humble opinion (and I must stress, it is just an opinion) what they have sent you is a pre-contractual document.

 

There are certain situations in which an application form can double as a credit agreement, but the terms and titles are clearly prescribed and offer no room for manouvre; the first thing that springs to mind without getting too deep is that it needs to be titled 'Credit Card Agreement Regulated by the Consumer Credit Act" - or there abouts- can't remember the exact wording but there are loads of thread about it on here. The word 'Card' being omitted could prove fatal if they hope to use it as a credit agreement.

 

Also, there really is nothing to connect what they say is on the front to what they say was on the back- no 't&c's overleaf', pto etc. They would have to prove that they were, in fact, on the same document (within the four corners).

 

So, to sum up- and I'm prepared to be corrected as many on here have far superior knowledge, and there's no way that I'd ever want to advise anyone wrongly;

 

*Title incorrect for use as a Credit Agreement

*They would have to link the front to the back

*Conditions on the back refer to numbers and letters that appear to be in other documents - ie not within 4 corners

*Cancellation - from memory they have to give clear instructions of right to cancel, supplying them under separate cover doesn't seem appropriate somehow.

 

Personally, I don't think this in enforceable. Once again, this is just my opinion.

 

They will threaten and posture until the cows come home, and your intention to settle wouldn't necessarily get the result you want as theey seem to like short settlements then sell the balance, so be very careful.

 

You will get to a point where you get sick of writing and trying to get your point across- and just sit back, like I have, and wait for it to come to a head.

 

Hope this helps

[out_of_the_red]

Hi all,

 

I posted this before but in the wrong section of the forum, could someone kindly take a look at this and let me know what they think.

 

I think this is another copy and paste jobby as the handwritten reference starting 2602 is in two different handwritings. Also the T's & C's are pretty much illegible and I'm struggling to read what they even say

 

Something I also noticed, which may bear no relevance whatsoever, is that I didn't actually tick the box saying I wanted the credit card....

 

TIA!

[summerbreeze]

Is this one from before August 1997? and is it all on one sheet ?

[out_of_the_red]

My application is dated late September 1997, no it's on two pieces of paper

[angry cat]

Good Grief!

That looks mighty odd...creative department at work again on their apple macs?

 

AC

[summerbreeze]

This one is very very similar to mine from 1998

Do you really think those T and C were on the back and all the rest of the page below it was blank ????

[Talbot]

I have read on other threads its an application form not an agreement. don't quote me just stumbled on to it after a couple of bevvies. Could be worth a search, can't think who is the expert is on this but it will come to me and I will let you know:)

[out_of_the_red]

Thanks for your replies folks.....certainly looks like someone at MBNA has been busy copying unrelated documents

 

MBNA calling me daily now!!! I put the account in dispute before they sent me this....now unsure of where to go from here....

[summerbreeze]

have you sent the telephone harrassment letter ?

[out_of_the_red]

I haven't since they took the debt back off RMA.....it was surprisingly easy to chase them off and they threw it back to MBNA after only a few weeks

[out_of_the_red]

I could use some help with this.....MBNA have called again today and I spoke to them. The numpty on the phone first of all claims they didn't receive my request for it then goes on to say they sent the credit agreement late January.....once again wrong!! They sent the above in March

 

She then went on to tell me I needed to pay and I stated that until I receive the credit agreement I am under no obligation to pay anything and I knew my legal rights. She said they would continue to add interest and charges to which I replied they were in breach of the law by doing so and she said they could do that as I wasn't paying

 

Numpty then stated that if I continue to not pay they will sell the debt to a DCA in the next two months and will register a default against me.

 

I said "Ok thank you" and hung up

[summerbreeze]

I think I am just a little further down the road than you

 

Most likely they will threaten a bit more and then offer you a ' partial settlement'

That when you will have to nail them down to a written offer you are happy with if you want to settle.

I think they wont put ' full and final ' in writing though but maybe you can get it in writing that they wont sell on the remainder.

I have no idea though if such a letter would stand up in court if they then did sell it on maybe someone will advise about that.

 

My letter has not yet appeared !

[out_of_the_red]

Ok thanks for that, so you've had these calls too

 

MBNA just seems to ignore any letter I send them or denies existence then conveniently remembers.....I hate these dumb games

[out_of_the_red]

Another call from MBNA today from a polite lady for a change, she did ask why I wanted my CCA to which I responded "That's my business"

[guzzleguts]

Hi out of the red

 

What was the credit limit on the account.

 

And a application form can be enforced if it has the prescribed terms on, but IMO that looks rubbish.

 

GG

[out_of_the_red]

If I recall correctly it was something like £4400 when it was first open but I can't remember as it was so long ago.

 

I'm thinking I should send a subject access request now...if for no other reason other than to annoy them and make them work a bit harder...LOL!!

[SB100]

Thats exactly what I received, mine was taken out in 1997.

 

As I understand it, there are several problems with it..

 

 

• the title isn't correct for it to double as a CCA
  
• there's no reference to there being anything on the other side
  
• there's no credit limit, which is a 'prescribed term'
  

I stopped paying in November when they sent that, and I've received nothing more convincing with an SAR.

 

They've passed it to RMA and a couple of others but its in limbo at the moment- they're still adding charges and interest etc, and I'm fairly sure they'll default it shortly.

[guzzleguts]

Its hard to read the T&C's but if your original credit limit was £4400 then there is no rate of interest for your credit limit.

 

There is a good thread im subbed too below that explains most things about MBNA's wrong doings.

 

All MBNA Caggers Fight Against MBNA's underhand tactics (1 2 3 4 5 ... Last Page)

 

Have a read through that when you get time. PT's exellent posts explain about the rate of interest and other issues.

 

GG

[guzzleguts]

BTW no rate of iterest would make it unenforceable its a prescribed term.

 

GG

[out_of_the_red]

Ok so I'm ok to continue to hold off on payments?

[out_of_the_red]

Hi all,

 

I hope you can help

 

I wasn't working for a period of time back in 2009

 

 

contacted MBNA to ask if I could reduce payments,

 

 

as expected their response was no.

 

 

I had no money to pay so stopped paying.

 

 

Over the next five years I had a few threat letters from different collection companies but they would stop and then sell to someone else.

 

Last week I received a county court summons from Northampton court sent by Aktiv Capital.

 

I would be really grateful for some help on this.

 

 

I need to get my response to the court by 8th November and really don't know what to do

 

Thanks in advance

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014

 

please fill the above out

and paste the results here

 

several threads merged for history

 

looks like it should be easy to contest as MBNA have never supplied you with a CCA

so I doubt A Kleeners will. either.

 

dx