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Mbna - Properly Executed Agreements


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no probs Lazy all the best to you too !

 

know any good miracle workers :-)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi Ladybird

 

yes Ive posted help on the usual places trying to get a response after posting here first....... very quiet tonight.

 

my only get out seems to be if the default notices should be on the front....(but I dont think so :-( )

 

Ah well looks like I'm up S**T creek without a paddle

 

youve gotta try though

 

lazybones........ I wiped my sig for security

 

 

 

Dave

 

Hi Dave, sorry that this has come back not how we wanted. I think your best bet is to negotiate with them but do be careful because as you will now know, they are notorious for agreeing one thing and doing another. Get everything in writing.

 

Have you thought of contacting CCCS or one of the other agencies?

 

Give us a shout if we can help xxxx

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi corn and everyone

 

All may not be lost......

 

it seems that the advice ive been given is that the rate of interest is a prescribed term.

 

no rate of interest is shown.

 

it maybe an improperly executed agreement. or even with this important piece of info missing unenforceable

 

getting all the info I can

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi corn and everyone

 

All may not be lost......

 

it seems that the advice ive been given is that the rate of interest is a prescribed term.

 

no rate of interest is shown.

 

it maybe an improperly executed agreement. or even with this important piece of info missing unenforceable

 

getting all the info I can

 

Dave

 

Dave, I had noticed that you had made progress on the CCA thread(s), what have you to lose? If you can get them on a technicality then go for it! Shame they are not more vigilant of their own paperwork!:rolleyes:

 

Hugs from me!!

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I'm starting an SSC vs MBNA Agreement thread so please have a look - I'll put everything in there and try to reveal what I do step by step. I look at Motorsport regulations every day and they are written in a similar way to the CCA. So I hope that will help me

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Hi SSC yes anyone who reads legal documents on a regular basis will have a useful skill so welcome to the MBNA lovers club. Was going to say either that or we can run them over in one of your cars but it is a joke MODS don't blast me.

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Ah Rhia - to run an MBNA exec over in a car would be on topic I think!!! lol

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Started the thread, there's nothing overly new in there but the £1 figure in the letter seems wrong - as I read it, it should be 15p... anyone?

Also section 79 is not that relevant to the MBNA stuff as far as I can see.

 

Now the real fun starts when MBNA reply and we get to put whatever they send through to the test. One thing worth noting, as I read it from the second they recieve the letter until you recieve the agreement nothing is enforceable - MBNA are due to take my monthly payment in 2 weeks - they wont be doing so, and they most certainly won't apply a late fee.

 

Now heres some food for thought. In the situation where MBNA fail to send a properly executed agreement at all the debt becomes unenforceable. Then what? do you tell them so and ignore them from then on or do you chase them for all the interest you have paid them over the years?

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Started the thread, there's nothing overly new in there but the £1 figure in the letter seems wrong - as I read it, it should be 15p... anyone?

Also section 79 is not that relevant to the MBNA stuff as far as I can see.

 

Now the real fun starts when MBNA reply and we get to put whatever they send through to the test. One thing worth noting, as I read it from the second they recieve the letter until you recieve the agreement nothing is enforceable - MBNA are due to take my monthly payment in 2 weeks - they wont be doing so, and they most certainly won't apply a late fee.

 

Now heres some food for thought. In the situation where MBNA fail to send a properly executed agreement at all the debt becomes unenforceable. Then what? do you tell them so and ignore them from then on or do you chase them for all the interest you have paid them over the years?

 

Ok,

The fee for the CCA is £1. Don't know where the 15p came from - it's wrong!

You can change the heading/wording of the letter to read s77/78 - it's not a problem, unless it is a n HP agreement?!

The company have 12 working days to comply with your request for a true copy of the signed executed agreement.

The day after this, they are in default and at that time, if they haven't complied - then they are in default and will need a court order to enforce the agreement. At 30 days after the 12 working days, they have committed an offence under the CCA act, and the agreement may still be enforceable via a court order - but in both situations, they will have to provide the true copy of the executed agreement to the court to get them to enforce it.

If, after the 30 days, they have not supplied the true copy....you could write to them (follow the many CCA threads - there's so much info around) and inform them that unless they are able to produce/comply with your request, that you will no longer make payment as it has become an unenforceable agreement. You can also make steps to request consolidation of interest payments made to them, and any CRA markers/defaults (if any) to be removed completely.

 

As I say, there is an awful lot of discussion on this topic, and the huge CCA thread is packed with advice.

 

Hope this helps.

 

Perseus

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Ah now then (and then we'll move over to your thread). This is a very hot topic as no agreement equals no debt equals no default equals MBNA in deep, deep mire.

A number are taking action re S85 of the CCA 1974 which basically reads each time they issue a new credit card you should get a copy of the excecuted agreement. However this has not yet been tested in court but a few cases pending.

But it does raise the issue that if there is no executed agreement for MBNA to comply with S85 then it follows that in theory all the interest paid is unlawful and therefore could be reclaimed with interest.

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Morning Rhia :-)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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ss_collins - you are reading the original CCA in which it states 15p. This has been amended and now stands at £1.

And the section of the Act under which you CCA is the one applicable to your circumstances, ...credit, loan, hp etc.

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Guest Mincemeat

Pers

 

How much was a Mars Bar in 1974? 5p?

 

The £1 is specified in the regs and corresponds to an inflation adjusted 15p.

 

I'm surprised Gordon Brown hasn't slapped a £12 tax on it!

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morning everyone - I'm sending out a default letter to MBNA this morning as they've not complied with my CCA request - in the letter I've stated

I am ceasing any further payments forthwith and will seek to recover any payments made to date.

I'm also about to hit them with a S85 default notice - but wondered if I could ask for some advice as when to send this out. Should I include this in the same envelope or send it seperately?

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Guest Mincemeat

The separate approach does have its drawbacks. I have three people I am juggling with at MBNA (1 for charges, 1 for s85 and 1 for SAR) and they DO NOT talk to each other. One thing is certain though, they're going to have a hard time attempting to tell me the account isn't in question. I'm thinking about not paying anything else ever (OK I've decided to not pay them anything else until they provide me with an executed agreement. And I disagree with Inkognetoh's interpretation of the s85 issue. They cannot comply with s63.4 or s85 UNLESS they sign the agreement. If they haven't done this they will be stuffed and IMO all interest paid to them (including charges) should be redemed.

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Hi guys.....

 

It seems that my agreement may be unenforceable.

 

they have cocked up the term "repayments" which must appear as a prescribed term.

 

they have only put "payments"...apparently it makes a difference !!

 

plus no rate of interest shown..........:-)

 

looks like they are in deep doodoo

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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ss_collins PM me with your email and i'll send you a copy

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

Pers

 

How much was a Mars Bar in 1974? 5p?

 

The £1 is specified in the regs and corresponds to an inflation adjusted 15p.

 

I'm surprised Gordon Brown hasn't slapped a £12 tax on it!

 

Mince - I'm sorry but I was only 3 then, not old enough to buy mars bars then! hahaha lol :p

 

Morning mincie, - I think Gordon Brown is putting all the £1's towards his pension.;)

After the last 10 years of office, I think he's nicked enough of everyones to boost that anyway! (IMO) :x

 

Morning m'lady! :-)

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Redsue but send them both to William Wareing the Senior Legal Executive. If he gets sight of them first he will probably hand them to different team members to work on.

Oh and G'day Perseus. You're looking very handsome today if I may venture to be so bold with a Greek (or is it Roman?) legend. Nope it's Greek isn't it? Kebab and pitta bread to take out please.

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thanks rhia

 

shall I use the following for S85

 

NOTICE OF DEFAULT

Served under Section 85(1)

Of

The Consumer Credit Act (1974) as amended

Creditor:

 

Account No:

 

You are duly notified that you a have been in default under the aforementioned section of the above Act since dd/mm/yyyy.

 

what date would this be? three years after my card was first issued?

I've has the card since May 1993. So I take it I put 31 May 1996.

 

In order to correct this breach all interest payments made since dd/mm/yyyy must be consolidated.

 

To correct this, consolidation must be made within 1 month of this notice.

 

If the correction required by this notice is taken before the date of expiry of this notice then no further action will be taken in respect of the breach.

 

If the action required by this notice is not taken within 1 month of this notice then the default will be registered with a credit reference agency.

 

 

 

Notes under Section 85(2)

 

(a) The Creditor is not entitled, while the default continues, to enforce the agreement; and

 

(b) If the default continues for one month the creditor commits an offence.

 

Signed

 

thanks for your help

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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I put two years as it's two years I think but as they never supplied any info under SAR for me to check I just put it in as that and can argue the toss later.

Some high flying businessman once said: "Just do it. It's easier to apolgise than seek approval."

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