CCA Agreements (Mark II) PLUS any other topic

[Perseus]

I had a letter off MBNA today, that told me..

 

 

 

So whats my next step, can i get the default removed?, can i claim the charges that incurred on that account over the years?

 

It's been discussed in various threads.

 

What seems to be a good way of doing it is.

 

1) SAR the creditor. apply for all charges with interest.

2) Look for 'ZUBO', he has constructed a great letter re no CCA, and asking for consolidation of all interest payments, and you'll be able to request the removal of all CRA records (including the default) and any bad history markers against you to be removed.

 

Get your money back, then argue the agreement cannot be enforced, so neither should the terms/conditions/charges/default and interest payable on the 'alleged' debt.

They cannot enforce through the court, as they have no agreement with which to enforce or support their claim.

 

I'm sure others who know where the appropriate letters are will advise.

 

Well done!

P

[Perseus]

Nice one Sortingit!

 

LadyBird, I'm trying to pm you back and your inbox is rather full !

[Perseus]

You're welcome.

P

[Perseus]

Just to jump in here...

It is my understanding that if an agreement is not enforceable, payments with-held until it is, or a request to nullify it is accepted - the only reclaim you could attempt (and it may involve a protracted correspondence) is to request consolidation of 'Interest paid against an unenforceable debt' - not the full repayments made to the account.

There is a big difference...

To reclaim everything you have paid them - would include asking for a refund of the debits you have made against purchases.

Morally and in court, I think you would have a very hard time pushing that through.

To reclaim the interest that has been paid on the amounts you have spent is more likely achievable, but as I say with a lot of correspondence.

To have the debt wiped entirely would achieve possibly more than a refund of that interest, so is the most favourable and most likely scenario.

Just my opinion...

[Perseus]

Hi Redsue

Not an expert, but here's a couple of things.

 

1) Who was the signatory of the info provided to you?

2) Immediately inform the ICO that info for another customer has been sent to you - they've broken DPA regs, and committed an offence under the second and sixth principles

3) I would reply, informing them that they have supplied someone elses info, that it's been reported to ICO, and state that as the info was relevant to the other customers agreement, they have still not complied with your request, they now have xx days to comply.

4)The prescribed terms must form the agreement document, not be added on using T&C's.

Look at the other persons agreement date, now look at the T&Cs with them, check that for a date.

Are the dates in the range for your Dads agreement?

 

This is ridiculous.

Got to complain to the ICO, to MBNA (William Wareing, Senior Legal Assistant) or (Mr S Bailey, Customer Advocate Office Manager)

and state the above, really lay it on thick, and demand the correct info.

Is the agreement supplied to your Dad headed 'Agreement under CCA 1974' or is it application form?

 

Perseus

[Perseus]

Hey steady! I resemble that remark...

 

My issues with them are

a) its illegible

b) they sent someone else data

c) how do I know if these t&cs relate to my Dads account?

a)adds to the un-enforceability of the agreement

b)breach of DPA and 6th principle and still makes agreement unenforceable

c)You dont, until they supply specifically your dads agreement and T&Cs relative to it, they are in default of your request.

Idiots indeed Corn!

[Perseus]

LMAO - sounds like you have an axe to grind BA?

x