I would suggest reading lots of other threads on Mbna on here to gauge where you stand. Perhaps your cca is unenforceable ? When was it taken out ? And is it for a lot ? £75/m seems very high if you are a student in debt.... I would do a lot of research here (late nights getting sucked into other's struggles, battles, and victories) and hopefully you will get advice and then be able to decide best route forward for yourself.

Not 5a. 5. A copy..... just not that much space between 5 and A. sorry for the confusion.... Thank you for the clarification. That is very interesting. I never got the letter from Link by registered post. Hmm. Need to consider what to do. But also have kids presents to wrap, so this will have to wait til tomorrow !!

P - What does this mean ? 5.A copy or the recorded delivery track and trace number to comply with service as to the law of property act 1925

Vint - Did they do issue claim electronically and include the CCA and DN? If not, check my thread on Halifax. Others helped on how to a) acknowledge b) defend the whole claim. Which is how mine got abandoned by H. I need to take a bath and think on this one ! To think on best route for me...

Thank you Postggj. But now I am having second thoughts. I am just wondering if I should hang fire on sending anything to either of them? The reason I say that is because of my recent dealings with Halifax. H sent a Claim form; I replied and filed a Defence at the same time as sending in CPR 31.14 & 18. This gave them less days, by law, than the SAR route to collate all the necessary info. Within 6 weeks they had abandoned the claim and decided to not pursue the total debt. Yea! So, at the 11th hour before posting my SAR, I am just sitting here wondering if it is better to let Link issue a Claim form to maybe have the same result as with H ? I have paid Link nothing since Aug so I am wondering why they have not issued a claim already, given the months that have passed ? Unless they already know the agreement is unenforceable ? Anyone any insight on this alternative potential route ?

Postggj - I have just printed my SAR below and am looking to special it to MBNA today. I am just trying to work out the best response to Link for not replying to my S.78 Request....(specialed 17/11) Subject Access Request Please supply me with all data - not limited to my transaction history and not limited merely to 6 years of historical information - which you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA. 3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold. 4. Details of any collection charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover. 5. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 6. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 7. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed. 8. Copies of statements for the entire duration of the credit agreement. 9. Termination notices PLEASE NOTE: That unless otherwise stated by yourselves, and if the above documents are NOT provided, it will be confirmed that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec). You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated Aug 07) I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable." I am hoping that mbna go the same way as H !! Do you have any comments ? Extra advice ?

Is this the correct MBNA address ? Data Controller MBNA Europe Bank Ltd Stansfield House Chester Business Park Chester CH4 9QQ

OK. I have drafted my SAR, as below. But who do I send it to ? Link or MBNA ? Re:− MBNA Acc# xx/ Link Reference xx Data Protection Act 1998 Subject Access Request Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA. 3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold. 4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted. 5. Details of any collection charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover. 6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 9. Copies of statements for the entire duration of the credit agreement/s. 10. Termination notices PLEASE NOTE: That unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated Aug07) I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. And regarding Vint's letter suggestion, I have tweeked it a bit. How does this sound ? "ACCOUNT IN DISPUTE. I write regarding recent communication regarding the above account. I acknowledge no debt to your organization. Further to my requests under s.78 of the Consumer Credit Act 1974 to MBNA & Link, your attention is drawn to the fact that this account remains subject to a lawful serious dispute. In my letter, dated xx, sent by Special Delivery, I requested that Link supplies me a copy of the executed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. A copy of this request is enclosed. To date, Link has failed to comply with my request - and the law - by supplying no documents whatsoever and ignoring this legal request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974. While this account remains in serious dispute and Link remains in default, the relevant main points of the Law and OFT regulations are: You may not ask for payment against this account. I am not obliged to offer any payment against this account. You cannot register any data with a third party. You cannot take any enforcement action, including registering Defaults. You cannot pass the account on to a third party for collection. You cannot sell the account. ** This is the bit I am having problems writing as I never sent the S.78 request to MBNA, only Link**** You will understand from the above, that failures by MBNA to supply the required documents under the act, preclude the sale of the agreement to yourselves, Link. The breaches of the relevant laws and regulations by MBNA, are now compounded by your organization’s recent communications while the account was legally in dispute with MBNA. I am now granting to Link, a further 7 days to produce a copy of an executable agreement. After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt. If you are unable to supply a compliant copy of the alleged agreement, I would remind you that you are obliged to inform me of that fact. I would suggest that the best course of action would be to immediately set the balance of the above account number to zero. In addition to the above, prior to your involvement in this matter, MBNA have unlawfully rescinded the alleged agreement. This unlawful rescission is fully accepted by me. With reference to s 87 of the CCA 1974, your organisation will be aware of the implications of MBNA’s unlawful actions. I look forward to your response. I hope someone can step in here and help me tweek the 2 letters I need to write. Would be good to get them off today....

I have tried drafting a letter. But I am stumbling. I have read all my docs and am confused on exactly what to write as the suggested letter above #23 doesn't fit exactly. I had a dispute with Mbna and was arguing the balance and payment schedule from Oct 08. The account was thus in dispute, yet was still sold on to Link in Jan 09. I have re-checked the letter dates: The DN from MBNA was 9/1/09. They asked for payment of the arrears by 26/01/09 The letter from Link was dated 30 Jan - BUT they quote "MBNA has, as of 22/01/09, assigned to Link the outstanding balance due under the CCA. The full amount is due to us immediately. The total outstanding balance is £xx." The balance Link is quoting is the disputed amount (much higher due to costs and charges over my limit). My S.78 Request letter to Link was specialed on 17/11/09. No reply yet. I can see that MBNA screwed up by assigning my debt on the 22/01, 4 days before their deadline to pay the arrears. But Link has been assigned my debt. So I am assuming that I just write to Link now and not MBNA ?? Even though MBNA acted illegally in assigning my disputed debt. And if Link has the assigned debt then I assume I send the SAR to them ? And not to MBNA ? Any extra advice here ?

seems to be top right of Agreement page.

why are there 2 dates on your Agreement letter - stamped 3 May 2001 and printed 23rd October 2001 ? Am sure lots here will give you advice. Best of luck.

Yippee The Court has received notification from H that they are not pursuing their claim against me. Fantastic, fantastic, fantastic.... One little caveat though - the Court did say that they will file the Claim. If the Claimant wishes to reinstate the Claim at any time they can. They will have to apply to the Courts to have the Stay lifted ; I would be notified of this action ; the Claimant would then have to reply properly to my Defence ; I would then have to respond accordingly. So, in essence, although the Claimant has abandoned the Claim and says they will not pursue me, they could at some point reinstate the Claim and fight me again. I trust they won't. And I hope that I can sleep a little bit easier. I hope others take notice of my thread here and that the steps I took can be copied to help someone else have the same result.... Thank you once again to all those who helped.

PT - Actually the DN was for the outstanding arrears, not the whole lot. I will check my records properly though and revert tonight. I will also draft the SAR tonight and, after final approval, will special tomorrow, Weds.

shouldn't the wording on some of these templates be altered to say "original hard copy" then ?

Vint - I never do the lottery but how about: 4, 8, 9, 11, 17, 24. Randomly chosen....

Thanks Vint. I will read through this properly and revert back later. Although I never sent s.78 request to MBNA !! Only Link. Would have to tweek it a bit... I guess I need to request SAR to see when MBNA sold it to Link. Should I do that tomorrow, 22nd ?? A nice job for someone over the Christmas holiday period !!

Johnrog - card dates from May 05.

Thank you - will do. They needed to respond to Court by 22nd, tomorrow. So I guess it is important to check today !!

Thanks for responding Vint. I was defaulted on 9 Jan 09. The DN asked me to pay arrears only, by a certain date - 26/01/09. Link wrote to me 30 Jan 09 saying they were the current owner of the whole debt. The balance Link has quoted is huge. It includes all sorts of charges that I had disputed with MBNA which had taken me well over my limit. I made Link an offer of tiny monthly payments, which I kept to for a bit and then stopped in August. I sent Link a S.78 request 17/11/09. Link has not replied. I have all paperwork dating back to start of card but no agreement, only this card carrier doc. So what do you think is the next step for me ?

Could someone please have a look at my thread. http://www.consumeractiongroup.co.uk/forum/mbna/210845-hp-mum-mbna-new-post.html MBNA have not replied to my S.78 request. Quite predictably. I am unsure of the next step. I think I can go the CPR 31.16 route - if I intend to take them to court. And I think I can write claiming they can not enforce payments until they produce the docs requested. But I am not sure of the best route. Can someone please help ??

I just had a fantastic result with my dealings with H. Please read my thread as it may help you. I had some very good solid advice from others on here from the start of November and with only limited communication between H, court and me the issue got sorted in 6 weeks. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/232368-urgent-help-needed-halifax-new-post.html

This is what I sent to the dca (Link) handling my MBNA account: "This letter is a formal request pursuant to s.78 (1) 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.78 (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 have heard nothing back from Link or MBNA since sending this on 17 Nov. Should I now send in a CPR 31.16 letter ?? Please can someone advise best route to take now ???

I just realised ONE month has passed and MBNA have not replied. So what do I do now ??

"We have been passed a copy of your Notice of Defence and Counterclaim in respect of our Claim # xxx in NCCBC. After careful consideration we have decided not to proceed with the claim. We also confirm that no further action will be taken in respect of the outstanding balance. Please note that this is purely a business decision and does not diminish your liability for the debt. We trust this brings the matter to a satisfactory close". I just can not believe this. Thank you all so much for helping me with this. Without your advice and support I am sure I would have been sitting in court imminently with a potentially completely different outcome. I have been so worried about H's claim against me. But this is just such a fantastic result. Happy Christmas !!! Just one more question to you all though - what does "does not diminish your liability for the debt" mean ?? - If they are not taking any further action ?