Virgin Card - Mbna Cca Is It Valid??

[Gazza112]

Subbing

[Gazza112]

Hi Bozalt

 

Firstly calm down and that goes for your partner as well.

First MBNA are a load of T........h, they never do things in the correct order. There's quite a few steps down the road before and if they can get any charging order. You would have to go to Court first, and they would have to have an enforceable agreement. Then if they win and you get a CCJ against you and default that. They would have to go back to Court and get a Charging order.

 

Here's a letter you can send there Solicitor's.

 

Dear Sir,

 

Re :

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated (whenever, if a second class mail service was used mention it here), this was received on (whenever).

 

You have indicated that you are planning on applying for a summons in order to have a judgement entered against me.

 

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an application form is not a legally permissible substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and wilful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted omissions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

 

 

 

Hope this helps you

 

 

Gaz

[Gazza112]

Hi Sunflower

 

Yes, great letter used that one on CL Finance not had a reply to that one yet but looking good.

 

Gaz

[Gazza112]

Thanks Gaz that is much appreciated, I take it that until they respond they would be unable to take legal action?

 

Or if they did I could use the points raised in the letter and the actual letter being sent as my defence? TOgether with the fact they have been unable to respond to my initial queries in relation to the CCA?

 

I am very grateful to you and Sunflower for your advice and support, its reassuring that nice people are still around!

 

Thanks:-)

 

Bozalt

 

Thats correct, what your doing in fact is putting the ball in there court.

It's upto them to supply you with those documents, weather MBNA play by the rules is another matter. But as you said if they don't supply documents, this will go well in your defence.

If it ever gets to that stage.

 

Gaz

[Gazza112]

Hi bozalt

 

Keep focused and learn from other threads on here.

You can take a look and learn something from mine, i'm at the Court stage.

Here's my link http://www.consumeractiongroup.co.uk/forum/legal-issues/162249-mbna-cca-agreement-help-25.html#post2079805

 

Gaz

[Gazza112]

Hi Sunflower

 

You won't find paragraph 8, On the aplication form if your lucky to have one. It says please read Paragraph 11 before signing, if you can find that lol.

 

Gaz

[Gazza112]

Hi Bozalt, it may be worth checking the date of the assignment against your DN. MBNA are very fond of selling the debt on before the statutory 14 days allowed in the DN. Now what would happen if you paid the arrears on the DN to MBNA when MBNA have already sold the debt to someone else?

 

 

Exactly what i was thinking Underdog, if they sold the dept on before the 14 days was up. Not only would the be in breach of the Consumer act, they would also be in breach of the Data protection act. For disclosing information to a third party.

So as underdog says check the dates on your DN and NOA.

 

Gaz