Virgin Card - Mbna Cca Is It Valid??

[angel_1]

hiya bozalt

 

looks like yours is similar to mine, and muffintops

 

ive subbed to muffins thread too

 

it appears quite a lot of us here are getting the same type of paperwork, ive disputed the legibility of mine and was stopped with a final responce from mbna and now they are calling and writing that i must contact them

 

yeah likely not - lol

 

so now im seeing what their next move is, ive not paid them for 3 months now and i want to see if they now sell debt - am sussing my options whether i should start a court action and taking the ball to them so to speak but just a thought for now

 

will be back later and good luck in your endeavours

 

laters angel x:cool:

[angel_1]

hiya Bozalt

 

many thanks for your welcome, i was going to post a letter here but looks like muffintop beat me, lol

 

that letter seems better than mine only thing i enforced more was the inlegible bit

 

 

see below, take and mix it up a bit to your personal circumstances etc

 

*****

All you have sent for each alleged account is a document, which is illegible and therefore not compliant with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557), your attention is drawn to regulation 2 (1) which sets out how copy documents must be presented

 

Notwithstanding the fact that the documents sent are illegible and incomplete they do not appear clear for me to read if they contain the prescribed terms contained within Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). Without production of the compliant executed agreements I am unable to asses if I am indeed liable for any alleged debts to you, nor does it give me any chance to evaluate whether any original agreements were ‘properly executed’.

The documents that you are obliged to send me are true copies of the properly executed Agreements that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreements contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of these accounts should have been sent to me detailing all debits and credits to the accounts.

 

************

you could add bits of mine to muffintops and see what you end up with without duplicating info. Hope that makes sense

laters angel x

[angel_1]

hiya bozalt

 

well, i would just suggest you now read as many threads as you can over mbna and 1st credit

 

im still fighting like a cat so to speak, but i think just to be even more of a thorn fos and oft will be hearing from me now

 

been defaulted too so im learning still myself

 

ANYway,,have reread your thread and posts again , and tonight it finally dawned on me that mine also states Credit AGreement reg by the consumer credit act 1974.... id read that the title really should be Credit Card Agreement etc, but unitl tonight didnt notice until i looked at mine again so huge thanks,,,

 

 

keep positive for now

 

laters angel x

Edited March 2, 2009 by angel_1

[angel_1]

hiya bozalt,,,

well this is a first ive seen such a letter,,,,what a laugh asking you to supply them a copy,,,

 

well the onus should be on them to provide what legal paperwork they hold to support their claim they are owed money

 

not sure how to help with any wording for a reply but im sure others more experienced will come along later

 

will check in later for any updates take care for now

 

laters angel x

[angel_1]

hiya bozalt

 

well give it a chance for your thread to be seen over the weekend, normally one of the mods maybe able to help and being weekdays many expereinced people may still be at work,,,so hopefully lets wait a few more days

 

well yes the phone calls may start up again sorry to hear that,,, are you monitoring them, have you seen the truecall device,,, it may be useful to you

 

have a good day dont worry too much im sure someone will soon come along later

 

angel x

[angel_1]

hiya bozalt and all

 

im just trying to catch up with you all

 

wow you miss a few days here and the threads get longer and longer lol

 

you lot chat for england,

 

anyways

 

if you are considering full and final, maybe an offer from a solicitor will make them sit up and take notice and their responce would then have to go back to the solicitor, im guessing if its worded in the right way and you want all adverse info off from your file and it s showing as Settled etc and no longer will be sold on or chased by anyone else, might be worth chatting to a solicitor that way you do have more of a legal standing perhaps only my opinion at the moment, but thinking of this for myself as another alternative

 

maybe the cheque coming also from another person that they have paid your debt for you, not directly from you,,,

 

off to do dinner said that already about 20 mins ago,,,lol

 

must go catch up laters angel x

[angel_1]

hiya all

 

thanks for the latest info on the paragraph 8 - my dn's show this too

 

but of course no historic terms ever sent to me only the current ones

 

also landy -have you let pompeyfaith be aware of your findings cos i thought his court case is something to do with mbna with southampton fc his application from one of their magazines?

just my initial thoughts that may help him

 

anyway this all sounds positive news to us all

 

laters all angel x and happy holidays

[angel_1]

I have received a response for my MBNA SARs request, requesting a copy of a signed passport or driving licence but i dont want to give either. I sent the standard SARS letter and this appears to be the standard MBNA response. I would welcome any advice on how to resolve this.

 

I seem to remember Sunflower or Angel had a similar problem and went through security over the phone. If anyone has a copy of the letter I should send that would be much appreciated.

 

No response from my Civil Procedures letter MBNA's solicitors yet.

 

Many thanks!

 

 

hiya bozalt

 

way back i sent a letter and was then sent a letter to call them to go through security,

but then lexis gave me a couple of letters on another of my threads so will come back to refer you to those letters they may help,,,

 

Am Back.......

 

 

its post 66 below link

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/160739-halifax-req-cca-poss.html

 

give it a shot see what happens,

 

keep happy laters angel x

Edited April 18, 2009 by angel_1

[angel_1]

hiya bozalt you are welcome

 

did the letters help you?

 

have you sent one off ?

 

laters angel x

[angel_1]

hiya bozalt

 

no probs, been busy myself past week, trying to catch up with all

 

they were provided by lexis200 but im pretty sure she would be happy that she helped you too

 

have a fun day laters angel x

[angel_1]

This is very true Sunflower, I agreed a low rate of interest a number of years ago for the lifetime of the card however when I got to £7k balance they then put it up to 34.9% and denied making the agreement for a lifetime rate, unfortunately I never kept any evidence of the lower rate at the time.

 

 

hiya bozalt

 

just a bolt hit me when i read that above, are you aware of the cpr request route for your copy agreement?

 

rushing off to post office now but let me know if you do or do not, just thinking out loud that if you can get a copy of your original agreement surely the lifetime rate should be there as you were paying it at the beginning okay, now gone up, so this could be a very good reason for you to go via crp route,,,

 

chat later just my wild thoughts at the moment

 

angel x

[angel_1]

hiya bozalt

 

just looking in to see your updates

 

looks like i need to relook at mine again and since i dont think i got any comm logs before from my sars,,,might me worth doing another fresh sars to get the most upto date info - so thanks for that gem everyone

 

have a sunny day all cheers angel x

[angel_1]

hiya bozalt

 

thank you for your warm welcome back

 

im thinking back my memory tells me that one of the mbna statements ive had previously had a 1.00 credit when i know i didnt do any payments and thus at the time i thought it crafty to suggest id made a payment,((but i now think it was a way to show the 6 years activity so to speak with regard to statute barred debts))

 

now im thinking in your case they are have added a 1.00 im wondering what other aspect they are trying to cover their backs with?

 

keep positive laters angel x