MBNA admitted no CCA, so I want to claim interest back.... Need help though!

[Monty2007]

No agreements. Two accounts; only send T&C's for one account and an application for the second. I think I will divide the two and go for the safe one first - the one where I don't think they have even the application.

 

I am going for all charges and interest plus removal of the default.

[wednesday1867]

No agreements. Two accounts; only send T&C's for one account and an application for the second. I think I will divide the two and go for the safe one first - the one where I don't think they have even the application.

 

I am going for all charges and interest plus removal of the default.

 

Thats what ive done on the one ive filed, its against HSBC tho, thread is here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/101738-hsbc-managed-loan-cca-5.html

 

I think you have give them time if you tell them your taking them to court.

 

Im no legal whizz, maybe you could pick up some useful info off that thread.

 

Good Luck.

[standingupformyself]

I just thought I would post this letter, received a couple months back.... this confirms that they do not have my CCA anywhere

 

Dear Mrs Standingupformyself

 

Request under Section 78 Consumer Credit Act 1974

 

I refer to your recent request.

 

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself, together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt, we would like to confirm that MBNA has responded in full to the request you made under S78; and in any event, your credit agreement remains valid and your obligation to repay remains intact.

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

 

Peter Cross

CUSTOMER ASSISTANCE MANAGER

[dpick]

Hi standing don't think I need to tell you this, but what a load of you know what

 

 

I just thought I would post this letter, received a couple months back.... this confirms that they do not have my CCA anywhere

 

Dear Mrs Standingupformyself

 

Request under Section 78 Consumer Credit Act 1974

 

I refer to your recent request.

 

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions(what no agreement oh dear) I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78(you did fail MBNA), that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself(err what credit agreement twit), together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt(we don't doubt MBNA you talk rubbish), we would like to confirm that MBNA has responded in full to the request you made under S78(oh goody no agreement); and in any event, your credit agreement (as before what bloody agreement)remains valid and your obligation to repay remains intact(MBNA you don't know the meaning of the word obligation).

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

 

Oh yes definitely resolved no agreement MBNA drop dead.

Peter Cross

CUSTOMER ASSISTANCE MANAGER

 

You have struck gold dpick:) :-D

.

[lemma1968]

Ooooooooh, I'm dealing with Mr Cross too, or P (triangle for middle initial) Cross.

 

He sent me someone else's details on my CCA request. I sent him a stinking letter, asked for an S.A.R and Complaints Procedure and said you still have not complied. That was on the 21st July.

 

Not heard a thing. I know its only been 2 1/2 weeks but they responded last time within 2 weeks with the other chaps application form.

 

So yes, he is a prize numpty by the look of it.

[standingupformyself]

When I first received the letter above, I posted it onto my MBNA thread, in the hope for some advice regarding getting my charges back..... I do beleive that MBNA admitting that they are "unable to retrieve any copy iapplications made directly with Abbey, prior to Abbey prior to the conversion to MBNA that happened during 2001" was the key to my charges being refunded back to me without having to take this to court

Dpick saying (above) that I have struck gold echoes what Corn and Battleaxe have said to me in the past.... In fact Corn was the one who first mentioned that I could be able to take this further, "Consolidation" she called it, which when I queried (lol!) waas informed that it meant the possibility of claiming monies already paid to MBNA......I have tried to get in touch with Corn again regarding this thread, but so far without success, I will try again...... which is now what I would like to do and what mine and Wednesdays threads are based on (along with various good humour and some new buddies along the way!)

Thanks to Shane I have a wonderfully worded letter, which I hope one of you wonderful people will help extend a little, to (as Wednesday suggested) to let MBNA know that a) they have admitted they cannot provide me with the copy agreement and b) I know the legalities and understand the Consumer Credit Act and finally c) insist that they pay all the interest I have ever paid to them (well, 6 years worth anyway) back to me...............

 

Sorry if you feel I am repeating myself and waffling somewhat, and you are most definately right... but I wanted to just condense my thread into one post, for my own sake as much as anyone elses.....

 

Hope you are all having a wonderful Monday, the sun is shining, it's a beautiful evening xxx

[wednesday1867]

mine and Wednesdays threads are based on (along with various good humour and some new buddies along the way!)

 

 

 

Mine is virtually a chat room now til i start the court proceedings in a fortnight, which is a good thing cos the football season starts this weekend and id like to get it moving Plus i like the chatroom chat on mine

 

 

Go get em Standing, woo hoooooooooooooo

[standingupformyself]

this weekend? thought it was last weekend?

[standingupformyself]

i think that there are some wonderful people on your thread! I was PM's and called Buffy the Bank Slayer after a conversation we had on there!!

[wednesday1867]

this weekend? thought it was last weekend?

 

 

Noooooooo this weekend it really starts, last weekend was ermmm

[standingupformyself]

i get it...... bit slow when it comes to football............the team I lean towards got booted out into the conference league for the first time last season.......

[wednesday1867]

called Buffy the Bank Slayer

 

I quoted this, but thinking about it, i havent got a reply to it

[wednesday1867]

i get it...... bit slow when it comes to football............the team I lean towards got booted out into the conference league for the first time last season.......

 

Yeah i know, they ruined my coupon

[standingupformyself]

now Wednesday, I love you dearly mate...... but you have totally lost me there! what coupon?

[wednesday1867]

now Wednesday, I love you dearly mate...... but you have totally lost me there! what coupon?

 

I've gone all a quiver

 

Its more boring footy stuff Standing

[standingupformyself]

yep, football and me do not understand each other...

 

Barry White quivering!!!!!!! well well well !

[Hopeful1]

yep, football and me do not understand each other...

 

Now that is disappointing!

 

You sound like you are gearing up for some serious action regarding MBNA. I need to contact them to say will only accept offer as a partial. I'll have to write because they'll pay it into the account anyway won't they? I also need to mention they're still adding charges/interest. Such little things, but so annoying!

 

I'll be here with no useful advice, but lots of emotional support once you get stuck into them

[standingupformyself]

 

 

 

I'll be here with no useful advice, but lots of emotional support once you get stuck into them

 

 

Thanks Hopeful........ I do sound like I am gearing up for something don't I? i suppose I am, the thing is I am ready to file at court with my old Abbey National current account, but because of the "stays" I am holding back for the time being, same really with my Barclaycard claim, also ready to go to court with that one...........

Just keeping the mind active I suppose, plus I am back to work tomorrow after a fortnight off, and I can finally get my letters printed (I ran out of ink last week!)

 

How are you doing Hopeful?

[wednesday1867]

Barry White, now im lost

 

I know i mentioned hearing a Barry White track when i went into court, with you and Hopeful as support

 

Standing have you decided what kind of interest your gonna be claiming?

[joesoap]

Yeah i know, they ruined my coupon

 

You're not saying you took Wed to win away at Ipswich or even draw?

[lemma1968]

Can you go back to speaking English....please?

 

Football is a whole other language. Now Cricket...there's a sport. ;-)

[wednesday1867]

You're not saying you took Wed to win away at Ipswich or even draw?

 

 

Not as such, i did lay Ipswich tho As far as i was concerned, there was no way we were losing that game a penalty after 37 seconds tho, not a great start. Im going to the Rotherham game Thursday, not too confident now.

 

Think i may start a footy thread in the bear garden

 

Standing, what interest are you claiming?

[standingupformyself]

Hiya sweet things..................

I read somewhere that you shouldnt go for the compounded, unless you totally understood it, and that sums me up I think.

MY spreadsheet is just for contractural at 24.9%

 

It is raining here, and I decided to stay home rather than attempt the pub quiz again! need to revise more before I do that again!

[wednesday1867]

Hiya sweet things..................

I read somewhere that you shouldnt go for the compounded, unless you totally understood it, and that sums me up I think.

MY spreadsheet is just for contractural at 24.9%

 

It is raining here, and I decided to stay home rather than attempt the pub quiz again! need to revise more before I do that again!

 

 

Should of just gone to watch and partake in the odd drink

 

Im not sure but i think i may just leave it at the 8% stat

[standingupformyself]

I am glad to hear you say that Wednesday.......... I do not understand the principles of compounded, and even 24.9% is a bit more than I can get my head round...... to be honest stat 8% makes more sense. In the cold light of day, just to receive the interest payments back would be enough... more than enough actually!

I have still got more serious thinking, reading and questioning to do before I take the final plunge here...........but I do know that I am not giving up, no way!