Help...Should I CCA...did owe £90k??

[WelshMam2009]

Just checked Track and Trace and MBNA received my CCA request on 12th Feb (Thursday)....counting down the days!!

[almond]

wondered what is classed as 12+2 days? we get calls from them on a sunday but it is classed as a working day for the cca reply

[blueda]

I printed my name on the CCA requests.

[WelshMam2009]

Thanks guys for still watching!!

 

Just to let you all know that MBNA received my CCA request on Thurs 12th Feb...let's see what they produce!!

 

Also, have posted this question elsewhere but will ask here also, does your application form constitue a valid CCA agreement if it is headed as such? Only I note that MBNA only seem to supply the application forms.

[WelshMam2009]

we get calls from them on a sunday but it is classed as a working day for the cca reply

 

lol That made me smile Almond:D I guess they should be but I doubt it somehow...

[blueda]

Thanks guys for still watching!!

 

Just to let you all know that MBNA received my CCA request on Thurs 12th Feb...let's see what they produce!!

 

Also, have posted this question elsewhere but will ask here also, does your application form constitue a valid CCA agreement if it is headed as such? Only I note that MBNA only seem to supply the application forms.

An application form does not constitute a valid CCA

[WelshMam2009]

An application form does not constitute a valid CCA

 

Thanks Blueda...that's what I think also...just not sure the CCC's see it the same way!!

[GirlAloud]

Thought I would add my story quickly. Have a Virgin (Matercard) account which I stopped paying due to my husband leaving (last payment in December). I have written to them 3 times (no direct acknowledgement). I had a letter from AEGIS claiming to act on behalf of MBNA and now persistent calling from I think AEGIS indian call centre. I thought I made it clear I would deal with this matter over the phone. I was horrified this morning when they called me at work - twice in 5 minutes!!

[silly idiot boy]

Any news on the CCA request? I have just sent one off to MBNA today, not sure if I should have!? and wondered how things were progressing, sorry, just surfing between MBNA threads, getting stressed and worried, and realised I'm not on my own!

[WelshMam2009]

Nope...not a dicky bird!!

[WelshMam2009]

An update...no response to CCA request, well over due...so dispute letter to be sent tomorrow.

 

Received letter from them offering to settle the account at circa 30% but they state that this would be a partial settlement (no mention made of full and final) If I could afford a lump sum payment then I wouldn't be in arrears would I??!!!!!!!!

 

In 7 days they are going to default the account and sell onto a DCA.

 

Any advice gratefully received...thanks.

[WelshMam2009]

One other question as I draft my dispute letter....where exactly is the 12 + 2 days specified? Also, is this working days??

[WelshMam2009]

Ok...found it on a thread posted by PT2537...

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569)

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations, "the Act" means the Consumer Credit Act 1974.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/2 Prescribed period

 

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/SCHEDULE Sections of the Act in respect of which a period of 12 working days is prescribed relating

to duties in relation to regulated agreements

 

SCHEDULE

 

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

 

Regulation 2

Section of theAct

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

103(1) Duty to give debtor or hirer under a regulated agreement termination statement

or serve counter-notice.

107(1) Duty to give information to surety under fixed-sum credit agreement.

108(1) Duty to give information to surety under running-account credit agreement.

109(1) Duty to give information to surety under consumer hire agreement.

110(1) Duty to give debtor or hirer copy of any security instrument executed in

 

Not sure why we allow 12+2 days?? Which date should I be quoting in my dispute letter 12 wd or 14wd??

Edited March 9, 2009 by WelshMam2009

[underdog13]

Hi welshmam,

12 days is the statutory time they have to comply:) The + 2 allows for delivery.

[WelshMam2009]

Hi welshmam,

12 days is the statutory time they have to comply:) The + 2 allows for delivery.

 

Thank you Underdog...I no longer feel alone and unloved!!

[citizenB]

An update...no response to CCA request, well over due...so dispute letter to be sent tomorrow.

 

Received letter from them offering to settle the account at circa 30% but they state that this would be a partial settlement (no mention made of full and final) If I could afford a lump sum payment then I wouldn't be in arrears would I??!!!!!!!!

 

In 7 days they are going to default the account and sell onto a DCA.

 

Any advice gratefully received...thanks.

 

Welshman, if you want your original thread and this one combined.. just yell and I will ask a mod/site helper to do it for you.

 

Righto, the full and final settlement from MBNA. It will not be a F&F as you and I would interpret it. They will take your money, then sell on the balance for collection by a DCA. Have a read of BRW's post in the following link

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1771581.html

[WelshMam2009]

Welshman, if you want your original thread and this one combined.. just yell and I will ask a mod/site helper to do it for you.

 

Righto, the full and final settlement from MBNA. It will not be a F&F as you and I would interpret it. They will take your money, then sell on the balance for collection by a DCA. Have a read of BRW's post in the following link

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1771581.html

 

Yes please CB...it would be great if my other posts could be combined with this one. I did report the first one as being in the wrong place but don't think it was moved as requested.

 

Gonna read the thread you have suggested in a mo...many thanks.

 

MBNA can go and take a running jump as far as I am concerned and I'm not planning to give them another penny until such time as I know they have have a properly executed, non fiddled with, agreement!!

[citizenB]

Yes please CB...it would be great if my other posts could be combined with this one. I did report the first one as being in the wrong place but don't think it was moved as requested.

 

 

Request made.

[WelshMam2009]

Request made.

 

Well done CB...that merger was completed in minutes!!

 

Now, if you could get the mods to remove the long adverts from the sides of the posts and move the forum to 'above the fold' instead of all those adverts, I would be REALLY REALLY impressed!!

[angel_1]

hiya all especially welshmam - hope you are okay and finding your way a little more around the threads that are of interest to you

 

well, they were quick to offer you partial settlement and then sell off the remainder,,,,what planet they must live, on,,,,,

 

well ive now decieded the threat of a default is no longer a frightner for me,,,

 

who in their right mind wants credit anymore after the year ive had!! i dont know im thinking now the majority of this country is in the same pickle, and those with impeccable credit histories wont need credit thus who are the banks ever going to lend to??

 

ill cross that bridge when i get there if i need to apply for a new job,,,will they need to see my credit file ?? well ill make sure there is a dispute recorded against each debt with each agency,,, who knows what tomorrow brings, so for now will fight each day as it comes,,,

 

keep positive laters all angel x

[citizenB]

Well done CB...that merger was completed in minutes!!

 

Now, if you could get the mods to remove the long adverts from the sides of the posts and move the forum to 'above the fold' instead of all those adverts, I would be REALLY REALLY impressed!!

 

You are welcome.

 

The ads fund CAG so it is best they stay until someone has the hugest of lottery wins :D

[Terrier7]

Hi, just thought a couple of posts I have made will be useful and confidence booster! :

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188190-scale-attack-dcas.html

http://www.consumeractiongroup.co.uk/forum/mbna/174475-muffintop-mbna-15.html (post nos. about 270 onwards.)

keep smiling!

T

[almond]

subbing

[WelshMam2009]

Guys...still waiting on my CCA's.

 

However, digging through some old paperwork I found a copy of an old A&L Statement and noticed that the account number was different.

 

Can anyone clarify if you should be signing a new agreement if the account number changes (guess when MBNA took over)???

 

Thanks

 

PS..I also found a photocopy of an A&L application but it is really plain with no t&c's

Edited March 16, 2009 by WelshMam2009
PS

[underdog13]

Hold on to that original copy, Welshmam - it could be dynamite if they try a dodgy cut and paste job. How I wish I had thought to copy mine before I sent it off!