Not sure if this is the right place but as my thread concerns MBNA and this case included MBNA (amongst others) I thought id post it here. Am I worrying too much about this judgment i found on the web or is it cause for concern seeing as the judge filed in favour of the CC Co's despite the CCA's not being enforceable... News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited I hope posting this web page is not in breach of forum rules. if it is please accept my apologies and delete it.

Hi Poppy Your circumstances are almost identical to mine. MBNA have done exactly the same to me when I was late with a payment last July. Despite paying the minimum of £230 each month my balance drops by about a fiver - if im lucky! Ive also had my card for over a decade and am so fed up Ive decided to CCA them. Good luck. Tox

Below is my CCA Request letter. Can I ask one of you guys to make sure Ive included everything before I send it off with my postal order via spesh delivery... My House My Street, My Town, My County, My Post Code Dear Sir/Madam Re:− Account/Reference Number Blahblahblah This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Yours faithfully Mr Toxic Debt

Just thought of another question... While Im dealing with MBNA and my CCA req, i will still be making payments to the other two CC Co's. I know that MBNA can read my credit file and probably find out im still paying the others. Could they use this against me and if so should I do all 3 at once? (id rather split them up).

Ive had a few leaflets titled 'changes to your CC account' over the last 6 months or so, didnt understand them and binned them. I was thinking more of me taking them to court in the event of their denial of an unenforceable CCA.

Cheers. Found em all now. A few more Q's before I start my thread... 1) Im still paying the min payment but it never drops the total debt. My payments keep increasing each month and I suspect they are increasing my interest rate. I dont get paper statements anymore (dont know why) and I cant seem to find anything about the interest rate on my MBNA online account other than the standard current rates which are 2.5292% for balance transfers, cash withdrawals, card transactions etc etc. How do I find out what proper rate of interest they are charging. I can access my statements on line and it tells me how much interest I have paid that month. The balance of my last statement is 39 times what they have charged me in interest. The balance is nearly £9000. 2) If I have to go to court to prove that my CCA is not enforceable are there lists of solicitors familiar with the procedures etc and I take it their payment would come from me?

Hi Tetsuo You say your CCA is enforceable. Can I ask how you got conformation of its enforceability? I ask as i am about to start me verses MBNA my self and am reading up on similar cases. I wouldn't know an enforceable CCA from a non one.

Could someone point me to the CCA request letter template. Ive looked all over but cant find it. Many thanks

Hi Martin All 3 accounts are still active - I'm still paying the minimum amount each month but not using them anymore. I applied for these cards back in the late 90's have moved several times since then and even lived abroad for 3 years (but still paid the monthly payments), so unfortunately I don't have any agreements. I think I applied for at least two of them on the Internet, MBNA I'm not sure about, it may have been posted to me due to my affiliation with my favoured football club. I have not applied for any statements from them. MBNA used to post statements out but they stopped recently (dont know why). The other two just have online statement facilities.

Sorry for butting in on Filtered's thread, but my circumstances are very similar. (im also struggling to make payments to MBNA and balance never comes down). I am still reading up before starting the process. I will start a thread of my own but the conversation in this thread has prompted a question I have. Although I have kept my address details up to date on the MBNA website in my account, I have not updated my phone number. The one they have is no longer in use(from an old old address 10 years ago). Am I breaking the law in not providing/ updating them with my current phone number?

Thanks Roy I'm still a little confused to what I can expect from this process. If my 3 CC Co's don't produce a valid CCA is it a case of me not having to continue to pay them and forget about the balances or do i need to make them an offer to close the account? Ive never missed a payment over the decade I've had the cards but now find myself in lower paid work and can not afford to pay. Furthermore the balance never seems to come down. The interest they charge each month nearly matches my minimum monthly payment

Hi Folks, thanks for the info. Ive been reading away since posting and it all seems very complex confusing and stressful. The one thing that puts me off this is the harassing phone calls everyone seems to receive. My wife is very sensitive and I fear it would make her ill having to handle the calls while I'm out at work. Getting a company to do this for me would not (i presume) result in getting no harassing calls from my creditors? Also I'm a sole trader / self employed and not registered for VAT. The C cards in question are personal ones taken out when I was an employee a decade ago. Does being self employed make a difference to what they can do to me?

Hi I'm here because I have searched the Internet about a loophole I was told about where my pre 2007 credit cards (egg, Cahoot & MBNA) can be made unenforceable. I owe over £17000. Is this possible? and which section of the forum do I get the info from, i cant seem to find the right section. Many thanks.