Lady H v MBNA

[Dotty111]

Hi all, well long time no hear!

 

unbeliveable yesterday I received a letter from Marlin legal section. Apologies for not contacting me in so long (about 6 months) but that they had written to their clients of 27th July 2007 requesting copy CC agreement but had not heard anything from them (surprise surprise) but that they would chase them up!!! Wonder how long they are going to drag this one out. It is now over 12 months since i began my battle with them and requested a copy of my agreement. Oh well keeps me busy.

 

Was thinking of just sitting this one out but does anyone have any suggestions should I write back to them, can i do anything else. Any input would be great

 

Thanx

[Dotty111]

Well it is now over 2 weeks and still haven't heard anything. I have also found out that they have registered a default. Am really p***ed off at this as up til then my cred file was clear. Can i gert this removed as it does seem unlikley that they have any type of agreement, it has been 12 months since i requested it and they are still giving me the run around. Not sure if they sent me a default notice i will need to check but even if they did surely they cannot register the default in the absence of a valid (or any) CCA

 

Thanx

[Dotty111]

dum de dum de dum

 

Still waiting for a reply. what shall I do I don't really want it just left hanging in the air forever should I chase them up or write and ask them to confirm that they have no CCA and matter is closed and default removed. Has anyone done this yet and been successful.

 

Thanks for any input all

[nufsaid]

Hiya Dotty I am in the same boat as you battling MBNA

I am waiting for a response for my cca request

Your doing really well coping as you are, it's nice to feel you have some backing from here , I did notice you were talking to yourself lol on your last few posts.

I am not 100% on your next step it must be the letter before action but I'm really not sure I am learning as I go myself :? , some brainy bod on here must know .

Keep up the good work let us know how you get on.

[steven4064]

Well it is now over 2 weeks and still haven't heard anything. I have also found out that they have registered a default.

Hi Dotty. When you say they have registerd a default do you mean Marlin or Arrow?

 

I think you should write and tell them (assuming it is Arrow) that, as they have not complied with your request under s78(1) of the CCA 1974 within the statutory period, within one calendar month following the expiry of the statutory period or at all, and they have registered a default since your request under s78(1), then

 

1. They have committed an offence under s78(6) of the CCA 1974 because they have not complied with your request under s78(1) within one calendar month following the expiry of the statutory period;

 

2. The default they have registered is unlawful because it was registered whilst the account was unenforceable under section s78(6) of the CCA 1974;

 

3. They have committed an offence under the Data Protection Act because they have shared personal information about you with the Credit Referenece Agencies when they had no permision from you to do so as they cannot produce a valid agreement; and

 

4. They have committed an offence under the s40 of Administration of Justice Act 1970 and sections 1 and 2 of the Protection from Harassment Act 1997 because they have continued contacting you by phone and by letter about the alleged debt despite the account being unenforceable under s78(6) of the CCA 1974.

 

Tell them that you require removal of the unlawful default (and repayment of charges?) Give them 14 days to reply or you will send a LBA giving them a further 14 days to reply.

 

Tell them that, if at the end of the 29 days, you have not recieved a satisfactory reply, you will commence legal action against them in the County Court under s78(6) of the CCA 1974, s14 of the DPA 1998, s40 of the AJA 1970 and ss1&2 of the PFHA 1997. Tell them ou will be asking for an injunction under s5 of the PFHA 1970 and compensation under s3 of the PGHA 1997 and s13 of the DPA 1998.

 

See if that produces anything (sensible).

[nufsaid]

^^^ YaY Steven to the rescue.

[Dotty111]

Hey great thanks a lot steven a nice little letter on its way as we speak. You and the rest of the people on this site are great, just when you think you have hit a brick wall someone comes up with a little gem. Watch out MBNA/Arrow/Marlin and whoever else you want to reel in I'm not giving up without a fight ha ha

 

Lady H

[steven4064]

Good for you

[cashins]

Sub