Alliance/leicester Credit Card With Mbna - No Cca Sent By MBNA

[citizenB]

Maz, yes this is true.. They are allowed to provide a copy without signatures for the purpose of the CCA request. However the original would have to be provided in court and without your signature I doubt they would succeed.

 

However, I didnt realise this was an online application and as Hopeful has already said, I think a "tick" is supposed to qualify as an electronic signature. I just dont know enough about online applications to be confident of giving you advice on that.

[angel_1]

hello Hopeful1 and citizenb - thanks both its now making more sense to me

 

hopeful - yes i would appreciate the link ref online legislation (to tell you both the truth until i got the sars back and then seen the internet as a link on mbna paper trail of information, i then realised it must have been set up via online )

 

citizenb - this of course also for me, not yet know enough about online applications, but im sure hopeful will get back to me later with the info above

I have about 250.00 of charges not much to make a dent into the figure - but will help of course

 

I will now hold off until later and check in on the latest info and then make a decision.

 

Many thanks for your continued help ciao for now laters maz

Edited October 13, 2008 by maz1964

[Hopeful1]

Here you go. A useful little post and link all in one

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/157315-online-credit-agreement.html?highlight=electronic+signatures#post1680106

[angel_1]

hiya hopeful

 

thanks and i can see i will need to have a bit of a clear head to read through so will have a go and try and understand it all tomorrow now

 

ciao for now MAZ;)

[Hopeful1]

hiya hopeful

 

thanks and i can see i will need to have a bit of a clear head to read through so will have a go and try and understand it all tomorrow now

 

ciao for now MAZ;)

 

Yes, sorry it's not much fun

 

I think the short post is a good summary though.

[angel_1]

hiya have had a look and im trying to remember if it was at all possible that i would have just clicked online and then if so , is that it?? what about any confirmation in the post i cant find any documents

 

so i think will draft a further letter and see what happens

 

@@@@@@@@@@@@@@@@

 

if you wish to see my letter now pm me and i will share with you ta maz

 

@@@@@@@@@@@@@@@@@@@@@@@@

 

 

is this now too much?? helllllllllllllllllllllllpp ta lol

Edited October 19, 2008 by maz1964

[lexis200]

Hi maz

 

I just wanted to ask how old this account is? Does it fall before the 2004 changes?

 

If it does, then from the handy linky Hopeful1 posted I would surmise that they should have a separate signed agreement (which is kind of backed up I think by the line from their letter 'They also go on to say they are not req to serve a copy of the credit agreement which includes signatures, as the law expressly permits lenders to omit signatures from copies of all credit agreements' - why bother to tell you this if they didn't need your sig in the first place?)

 

I think the date of the account is probably important for your letter - ie. you say 'I would imagine that...' - if you know it's before the cut off in '04 then that can become 'you should have issued...' etc. It would just allow you to be a little more certain.

 

I'll have another look tomorrow before we shoot off if I can (assuming someone who actually knows what they're talking about doesn't help you first that is:))

 

nighty night

 

Lexis:)

[angel_1]

hiya lexis

 

yes i appreciate what you have done ,,,, its the only one i have that is after 2004 i believe in 2006 from what the sars said, which kind of matches up with my memory lol

 

so this is my dilemma on this one because of it being an online one, what are the conditions supposed to be , and reading the linky im understanding that if applied online then thats as good as it, which is why they can only mbna that is ,,send me the t and conditions. Surely there has to be some other document that proves that an online application and acceptance was done, otherwise you could in effect get fraud on the account ie say another member of the family applying or some criminal as a identity thief

 

appreciate your thoughts, but above all, you have a wonderful weekend, and chill, remember the family are far more important

 

ciao and speak to you next week take care and have a fun day

 

ciao MAZ:)

[lexis200]

heya

 

Regardless of if it was before/after 04 (and reading with a slightly clearer head than I was at 2 this morning), I think you're right, they would/should at least have something somewhere with your cross on it - even if they only have it stored electronically and have to send you a printout.

 

Trouble is, I'm only going on a brief bit of reading on here, so I think others opinions will count more than mine;)

 

I might be tempted to fiddle a little with this part, just so they're under no illusions about what you want -

 

With regard to the information of the necessarey material terms and conditions sent to me which you have deemed as being sufficient.

 

As you have previously advised that should Alliance and Leicester provide you with a copy of the original application I would be sent a copy.

 

Possibly you could say something along the lines of:

 

With regards to the Terms and Conditions that you have sent me, claiming they are sufficient to comply with my request. I am slightly confused as to how this is the case, owing to the fact you have previously stipulated that should Alliance and Leicester provide you with a copy of the original application, I too would be sent a copy. This would strongly suggest to me that there is further documentation relating to my account that you have not yet supplied under my request.

 

Feel free to ignore me though - my kids do so I won't feel hurt:D

 

Lexis:)

 

ps - 3 hours to go, then I'm away!!!!!:D:D

[angel_1]

heya

 

Regardless of if it was before/after 04 (and reading with a slightly clearer head than I was at 2 this morning), I think you're right, they would/should at least have something somewhere with your cross on it - even if they only have it stored electronically and have to send you a printout.

 

Trouble is, I'm only going on a brief bit of reading on here, so I think others opinions will count more than mine;)

 

edited out - thanks though lexis

 

Feel free to ignore me though - my kids do so I won't feel hurt:D

 

Lexis:)

 

ps - 3 hours to go, then I'm away!!!!!:D:D

 

 

thanks lexis ciaoooooooooooo maz

[angel_1]

update on this

 

they say have supplied the terms and conditions so have considered all for me, and sent final letter and refers me to fos,

 

i will be sending fos the information

 

will this now continue as a dispute ? until the ombudsman declares them right or sits on the fence or heaven help actually says possibly we are right? holding my breath

 

if it continues as a dispute until the ombudsman comes to a decision i can continue to withhold payment?

 

they also cannot add further charges or interest ?

 

also as ive 3 claims for the same creditor should i do 3 seperate claims and put each information on each claim as the final letter summised all 3 accounts?

 

i dont want the 3 accounts mixed up in anyway, i want them treated seperately can i do this?

 

many thanks catch up tomorrow ciao for now maz

[angel_1]

bumping up as need advise pls on my previous post

 

xxxx

many thanks im off to do a coffee and i will be here for a few hours

 

ciao maz

Edited November 18, 2008 by maz1964

[citizenB]

update on this

 

they say have supplied the terms and conditions so have considered all for me, and sent final letter and refers me to fos, i will be sending fos the information

 

will this now continue as a dispute ? until the ombudsman declares them right or sits on the fence or heaven help actually says possibly we are right? holding my breath

 

if it continues as a dispute until the ombudsman comes to a decision i can continue to withhold payment?

 

they also cannot add further charges or interest ?

 

also as ive 3 claims for the same creditor should i do 3 seperate claims and put each information on each claim as the final letter summised all 3 accounts?

 

i dont want the 3 accounts mixed up in anyway, i want them treated seperately can i do this?

 

many thanks catch up tomorrow ciao for now maz

 

Yes, send your complaint to the FOS. Use RMW's excellent thread here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

 

Yes, if you want to make each account an individual complaint. If the Final Response letter deals with all 3 accounts, then you must photocopy it for each complaint to the FOS and delete the 2 account numbers not applicable in each case.

 

Yes, this does put the accounts firmly in dispute and whilst MBNA shouldnt add interest or take further action. They very likely will. As they so like to tell us.. they are an American Company and UK laws dont apply to them:rolleyes:

 

Once you have reference numbers from the FOS, you can add them to any future correspondence to MBNA just to let them know you are following through with your complaint.

[angel_1]

thanks citizen

 

i m going to be on this ball tomorrow i promise,, i need to as i want fos to have the documents so the dispute can then be investigated further

 

i certainly will have the utmost pleasure in informing mbna im following through with my complaint:p and at a cost of 450.00 each claim, pure joy

 

have fun ciao maz

[sanrhythm]

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

Edited February 4, 2009 by sanrhythm

[sanrhythm]

......

Edited February 4, 2009 by sanrhythm

[sanrhythm]

here is MBNA sign copy reply zip just in case you cant see image

Edited February 4, 2009 by sanrhythm

[angel_1]

im sorry i cant seem to view it,

 

not sure if its my pc but not available to me to open up and read

 

laters angel x

[sanrhythm]

Dear Angel 1 after I send similar to letter as post #9 today got reply from MBNA

 

please see attached zip images what next ?

Edited February 4, 2009 by sanrhythm

[sanrhythm]

hi thanks for prompt reply i guess its my fault some time just attached images not good so i have attached ZIP as above thanks

[charliebubs]

Hi Sanrhythm,

 

I can't open your attachments either.

 

I think it would be better if you started your own thread, rather than tagging this on to Angels, then others may be able to help you further.

 

Good luck

[sanrhythm]

As i guess this thread is for :- Alliance/leicester Credit Card With Mbna - No Cca Sent how ever i will open new thread

Edited February 4, 2009 by sanrhythm

[angel_1]

hiya got a letter that a default will register very soon if i dont call them

 

this is from a and l paperwork but guessing from mbna

 

 

then i get a letter listing things

 

like make a payment, maybe give you interest free payment prog, settle figure with partial settlemen (oh yeah then go and sell remainder off not likely,,,) or collection man will come a visiting,yikesssssssss:eek:

 

got to one to 3 or will be sold off

 

mind you not got a default notice i cant remember seeing one,,,,

 

 

points im considering

 

appears as a online application thus tick box only sheet and terms and conditions supplied previously which are the current terms by the way, on seperate occasions

 

so can i request they supply the credit card agreement fully with terms and conditions at the time of the contract? or can they just get away with this tick box page???

 

also want to tell them writing only

 

also want to write to them and say something like will pay the xxxxxx once paperwork received and its correctly executed and discuss a repayment plan at least to stop the default

 

mind you, how can i defend a default or ask for its removal if i dont pay them and i havent had a defatult notice will look for it, incase im losing my memory lol

 

if they supply the correct paperwork and i dont pay in time and they default me then in theory it will remain for 6 years wont it?

 

im in a bit of a pickle i think, do have about a week to make that first payment

 

help pls,,,,, laters angel x

[angel_1]

hiya all

just another thought from my previous post

 

 

why is it on alliance and leicester headed paperwork when last year mbna replied to me regarding this account,

 

i did sar mbna and maybe now need to sar alliance and leicester??

 

anyway i wait eagerly for your replies thanks again

 

angel x

[sanrhythm]

hi i got final letter from Alliance/leicester MBNA

 

We can confirm that MBNA dose not regard this account balance on your obligation to repay as being in dispute (see attached letter)

 

 

 

please help

 

Attached Files final reply.pdf (168.6 KB, 0 views)