Santander CCA return on old abbey MBNA card - reconstitued?

[bright_future]

Asked for a copy of agreement, a CCA.

A Santander credit card, being chased through Robinson Way, solicitors.

 

They have sent a reconstituted agreement.

This has NO date, nor my SIGNATURE.

 

In fact, it is just a normal looking letter. I thought it should be at least a photocopy of something I would have signed.

 

Is this a valid response to my request?

 

Should a CCA request mean they send something with a datestamp, and a signature?

 

I can upload their letter if it helps.

[martin2006]

When was the card taken out?

[bright_future]

it says 30/10/2006.

 

PS: I think the complication is that is may have been with Abbey, who got bought by Santander.

[theoldrouge]

Yes post it up minus pers details

[bright_future]

thanks.

will upload this evening.

[martin2006]

If, as you say the agreement was pre april 2007, then regardless of whether it was abbey then and santander now, they have to send you a "true copy" of the agreement, thats if they have one to send.

A reconstituted agreement can be used for agreements dated april 2007 and later.

[bright_future]

I got 6 pages.

The first page was a covering letter from Robinson Way. (I havent uploaded it)

The first page I have modified to obscure personal details.

The other 4 pages are pretty generic, and are in PDF format.

santander_cca2_20160323.pdf

[bright_future]

If, as you say the agreement was pre april 2007, then regardless of whether it was abbey then and santander now, they have to send you a "true copy" of the agreement, thats if they have one to send.

A reconstituted agreement can be used for agreements dated april 2007 and later.

 

ok.

1: re: "if they have one to send": what if they dont have one? can they "magic" one up, like they seem to have done.

2: The date is 30/10/2006, therefore, I take it, they cant use a reconstituted copy? (ie, after April 2007.)

 

Is there a specific piece of law I can point them to about this April 2007 timestamp?

thanks

[martin2006]

Nope, they cannot make it up pre april 2007

 

The relevant legislation is the CCA 2006, google it and have a read, will do you good if you know exactly what your talking about.

 

With regard to "what can they do if they havent got one", well they can try being sneaky and go for a back door ccj through an old address as chances are it wont be challenged, or nothing, if they dont have an agreement its good night vienna till they find it, If they find it.

[bright_future]

Nope, they cannot make it up pre april 2007

 

The relevant legislation is the CCA 2006, google it and have a read, will do you good if you know exactly what your talking about.

 

With regard to "what can they do if they havent got one", well they can try being sneaky and go for a back door ccj through an old address as chances are it wont be challenged, or nothing, if they dont have an agreement its good night vienna till they find it, If they find it.

 

a quick google brings a response that I can understand. (I will search for more examples, in case there are better ones)

 

It highlights the pre-April 2007 / post April 2007 requirements.

Hopefully, thats a comprehensive answer I can use in my reply. (it clearly requires a signature by myself AND the other party. My reconstituted copy contains neither.)

 

2: backdoor CCJ: how on earth does that work?! It means they can do something without giving me an opportunity to defence? that cant be right?

Edited March 25, 2016 by Andyorch
References and links to an external site removed

[dx100uk]

its an MBNA card

so that would have been an online sign up

and as far as I can see its enforceable

 

robbersway are not sols

 

a recon is quite acceptable for any age of card

to meet the requirements of the CCA

if its good enough for court is another matter

 

however yours is not a recon.

[dx100uk]

oh and I would not be replying to them.

 

 

simply invites letter tennis

[bright_future]

its an MBNA card

so that would have been an online sign up

and as far as I can see its enforceable

 

robbersway are not sols

 

a recon is quite acceptable for any age of card

to meet the requirements of the CCA

if its good enough for court is another matter

 

however yours is not a recon.

 

my letter from Robbersway clearly describes it as Santander Bank plc, not mbna. (unless mbna own santander?)

I cant remember if it was an on-line sign-up. never thought of that.

 

re: constituted doc. it isnt the sort of format an agreement would normally look like, so I thought it wasnt a "true copy".

 

does the pre-2007 thing not apply to on-line sign-ups? assuming it was such.

 

in which case, I cant think of any thing to reply with to rebut their demand for payment.

[martin2006]

Is the amount they are demanding littered with default charges which are reclaimable?

[bright_future]

Is the amount they are demanding littered with default charges which are reclaimable?

 

I requested the CCA, to which they responded.

I think the SAR has the details, which I havent asked for.

 

I suspect there are no reclaimable costs. The "I cant pay, stop the added interest and fees" was honoured when requested.

(this goes back about 6 years when it all went bad for me)

[dx100uk]

early abbey cards were done by MBNA

 

 

what is the defaulted date on the credit file?

[martin2006]

Is the account still showing on your credit file?

[bright_future]

I will check and respond to the last 2 posts in next day or two.

[bright_future]

I cant find the specific santander debt on my credit report. (using Noddle)

 

there is a Santander credit card set to "Satisfied" on the "Closed Accounts" tab. (dated 23/11/2010)

But, there isnt a listing under the "Open Accounts" tab for who might have bought it, so not showing an owing amount against any company.

 

Is Noddle reliable?

[dx100uk]

they all hold diff things sadly.

 

 

has the closed account got a date when closed

and a defaulted date?

[martin2006]

It is but you also need to check "clearscore" and experian.

Ckearscore you can check for free online, experian you can get your files fir the £2 statutory fee, they dont all report to all the agencies

[bright_future]

they all hold diff things sadly.

 

 

has the closed account got a date when closed

and a defaulted date?

 

date closed = 23/11/2010

default date = 11/11/2010

 

(the amount shown is £20 less than the amount Robbersway are asking for)

 

It is but you also need to check "clearscore" and experian.

Ckearscore you can check for free online, experian you can get your files fir the £2 statutory fee, they dont all report to all the agencies

 

have just tried clearscore.

It seems useless to me.

Just generic high-level info, and a "dashborad" graphic.

I cant find anywhere where I can get a download of my report!

 

NB: the only tab that seems valid id the "overview" tab.

I find clearscore pretty much useless, as it seems to give no meaningful or useable info.

am I looking in the wrong place?

[dx100uk]

so if its defaulted 11/11/2010

I suspect your last payment was some months before this.

 

 

so prob already or very close to being statute barred

 

 

have you got any details from that period

for when you last paid it.

[bright_future]

so if its defaulted 11/11/2010

I suspect your last payment was some months before this.

 

 

so prob already or very close to being statute barred

 

 

have you got any details from that period

for when you last paid it.

 

no, not really. that was the time when my world was pretty unmanageable and messy.

I dont have any bank statements going that far back.

[martin2006]

Experian will send you a report for the £2 stat fee but takes upto 7 days