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mbna recieved my cca request on 3rd DEC then i send them reminder CCA letter and i stop my direct debit today 16 JAN i recieve mbna reply for my cca request please see attached ZIP please help what next? How about sending this in response which i have done using couple of different letters Thank you for your letter dated , in response to my complaint regarding my request under the section 78(1) of the Consumer Credit Act 1974 (CCA 1974). Firstly, you have correctly stated that you are required to send a true copy of the executed agreement, along with the Terms and Conditions Applicable at the time, in the prescribed form. By virtue of the "The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983”, you are also permitted to omit any signature boxes and dates. This however, does not permit you to omit any other prescribed terms such as the information about the parties involved. What in fact you have sent me, although headed “Credit Agreement regulated by the Consumer Credit Act 1974”, is in fact the Terms and Conditions document and not the true copy of the agreement which I would have signed. To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement. This breach of the agreement can be demonstrated as follows; As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues Whilst your default continues, you are not entitled to enforce any part of this alleged agreement. This includes, but is not limited to, the following: • You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you. • You may not add any further interest or charges to this account. • You may not pass this alleged account to any third party. • You may not register any information in respect of this alleged account with any of the credit reference agencies. • You may not issue a default notice related to this account. Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. As of 18th December 2008 you have been in default of the CCA 1974. I hereby put you to strict proof that you are in possession of a signed copy of the alleged agreement related to the above account. I hereby also state that, given the time you have taken to comply with my statutory request, I cannot accept what you have provided without an actual copy of said agreement with my signature. I require from you either a letter stating you do not hold an executed agreement signed by myself, or you comply with your legal obligations on this matter. Please conduct all communication with me regarding this account in writing only Should I not receive a satisfactory response within the next 12 days, I shall contact the relevant authorites and inform them of your breach and criminal offence. Should you either register a default notice against this account, or sell the alleged outstanding balance to a third party, I reserve the right to pursue you for damages in a court of law. Yours faithfully

thanks steven i also dindt get why they send last statment and image2 clearly states recent t&c!!!!

Thanks Dave CPR 31.16(3)©&(D) sims expensive Approach! many thanks interesting thread

mbna recieved my cca request on 3rd DEC then i send them reminder CCA letter and i stop my direct debit today 16 JAN i recieve mbna reply for my cca request please see attached ZIP please help what next? MBNA REPLY.zip

just got reply from mbna please see attached zip, they recieved my cca request 3rd DEC then i send reminder and stoped my direct debit just today 16th JAN i recieved this document please help what next?

I was going through this thread and similar to gazza I just had reply back from alliance and Leicester mbna I requested CCA on 3rd DEC jut today 16th JAN (after sending a reminder CCA with stopping my DD payment) received reply today please see attached ZIP images your help greatly appreciated what next I should send?

Hi I have received following attached document after requesting cca they have also attached my last statement I paid via direct debit right up to cca second reminder Please help what next. Best wishes

HALIFAX PAID ME FULL FIRST THEY OFFER SOME AMOUNT WHICH I REJECTED BY PHONE AND THEN THEY AGREED TO PAY ME FULL ALSO RECEIVED LETTER WITH AMOUNT STATED WAITING MY ACCOUNT TO BE CREDITED AS I HAD TO MAKE FEW REMINDER CALLS. MANY THANKS AND BEST WISHES TO ALL Please donate, Help us to help others.

hi they replied very quikly within week

hi Zoot I know i am into difficulty but i am Optimistic must be some way.

I had Buy to Let mortgage with future mortgages, end of three year tie, they charged me hell of lot money and wasted one month, also they send me redemption statements with no breakdown despite my request, so because I was in rush to transfer I just paid them whatever they ask and also send them letter saying that my complain is out standing and I will be taking this mater further, penalty was first three year 6% then after 1% for life in my next post I will explain full figures and complete communication. I am grateful to this site as it helping lots of people, my one case with Halifax is ongoing after successful I will make donation already I started small help buy purchasing something.

Hi I use letter from fool forum The Motley Fool UK - Register With The Fool to cancel PPI with my Alliance and Leicester I received following reply please help. REPLY FROM LENDER AS BELOW I Understand that you feel that the protection policy in place has been misold to you, as you are self -employed. I would like to clarify that the policy in question does cover self employed applicants.Please find enclosed a copy of the certificate of cover for your convenience. This document highlights the terms and conditions of the policy, along with the policy benefits and exclusions. I have highlighted the relevant sections. I cannot agree with your claim that the protection policy has been misold to you, in light of the above. I trust you will agree when looking at the highlighted sections of the enclosed documentation. I confirm that I am unable to comply with your request to receive full reimbursement of the Premiums you have paid due to this. Also they send me settlement figure whole loan amount saying i need to settle loan because PPI is attached to loan.

Dear i receved reply from bank saying as followed thank you for your letter requesting specific information on your accounts with us. Ican confirm that copies of duplicate statments have been ordered and will be sent under separate cover. with regards to your request for information relating to manual intervention on your account. ***** plc under no statutory obligation to record this information and therefore. I am unable to assist further with your reuest. i have now recieved all statments but under the charges it says Charges as Notified. please help