Help...Should I CCA...did owe £90k??

[angel_1]

Blimey welshmam,,,that is interesting your copy of the a and l application,

 

you have a little gem there,,,,,keep that under wraps for the time being;-)

 

laters angel x

 

if im not back by the end of the week, you will find me in my attic hoping to find the same like welshmam,,,,, send a search party out for me,,,,dont leave me,,,,,

[WelshMam2009]

Thanks UD and Angel...still have the shed to sort out which is where most of the paperwork was dumped when we moved house.

 

I know I keep everything....trouble is, I can never find it when I need it!!

[underdog13]

At least you kept yours - I jettisoned a load of my paperwork when I moved; D'oh! Mind you, I never imgined then that I would be in this position now....

[citizenB]

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!

 

At least you kept yours - I jettisoned a load of my paperwork when I moved; D'oh! Mind you, I never imgined then that I would be in this position now....

 

 

I rather suspect that a lot of us are wishing the same thing UD.

[almond]

i am in same boat somewhere i have macmillains paperwork before mbna had taken over account , i am going to find it this week but no rush still waiting cca from them defaulted 26th feb and all i have had is a letter saying sorry for calls

[angel_1]

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

 

 

hiya welshmam,,,did send you a pm, explaining stuff about what you said that you had found a photocopy of an a&l application but it is really plain and with no t&c's,,,,

 

quickly relooked back on your thread, so you are still awaiting on the cca ? is for just a mbna card or for the alliance and leicester under the mbna umbrella as such?

this could prove interesting let me know pls laters angel x

[Terrier7]

Hi Angel, Udog, all,

Just posted some more food for thought on http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188190-scale-attack-dcas.html#post2046228

posts 9 - 12 of of interest,

keep fighting!

T

[WelshMam2009]

hiya welshmam,,,did send you a pm, explaining stuff about what you said that you had found a photocopy of an a&l application but it is really plain and with no t&c's,,,,

 

quickly relooked back on your thread, so you are still awaiting on the cca ? is for just a mbna card or for the alliance and leicester under the mbna umbrella as such?

this could prove interesting let me know pls laters angel x

 

Hi Angel, did pm you but it wouldn't let the message through as you have exceeded your storage space!!

 

Just to clarify that I have several MBNA accounts including one with them directly and another with A&L. I have CCA'd for them all but no response to date, even though they are well over as regards time.

 

The application form I found is for an A&L account from 1997. It is A4 and I presume was two sided.

 

 

 

 

Have cropped the above. Below the heading is just personal info such as name, address, employment and bank details.

 

 

The back is like this;

 

 

Edited March 18, 2009 by WelshMam2009

[WelshMam2009]

What I find interesting is that on the back under 'Customer Declaration' it states that;

 

2. I/We accept to be bound by the terms and conditions set out overleaf as may be varied from time to time.

Yet, as far as I can tell, there are no terms and agreements overleaf only what's written in the heading.

 

If there was a reverse to the second page then that means that the 'agreement' is on 3 x A4 sheets. However, I'm so particular about these things that I feel I would have copied it. Also, there's no evidence of any ink showing through.

 

If they rely on this then there are no prescribed terms specified such as credit limit etc. However, will wait to see what the CCA delivers...

 

Please add any comments Guys!!

Edited March 18, 2009 by WelshMam2009

[angel_1]

hiya welshmam

 

im sorry my inbox full,,,must see to that today,,,

 

thanks for this ,,,will get back to you later off out now

 

it will be very interesting what they propose to send you on this one via cca

 

laters all angel x

[angel_1]

hiya welshmam

 

this is the thread and postings from scrapper,,,,he had a word about if anyone had a copy of the original application/agreement and it could be proved that if mbna send something totally different then the fraud squad could be interested in this,,,,,

 

http://www.consumeractiongroup.co.uk/forum/mbna/163837-toxic-mbna.html

 

see post 117 from scrapper

 

anyway thought of you as you are the first person ive come across as ive said that may have something to compare with when you or if you do get anything back

 

keep us posted, laters i hope its something useful to us all

 

angel x

 

pls let scrapper know it was you i was thinking of with your copy

[WelshMam2009]

Thanks Angel...have left a post on the Toxic thread as requested.

[angel_1]

thanks welshmam, i do hope it made sense what i was trying to get across to scapper and all there

 

laters angel x

[WelshMam2009]

Ok guys, finally had my first response from MBNA for one of my accounts...please note that they say that the documentation will be sent out under separate cover...still not received anything...and they are a month after the expiry date of the 12+2 days!!

 

Are they thick?? Do they realise that their customers can actually read?

 

They are well out of time as regards supplying the info and, consequently, they remain in default until I get my hands on the agreement from them.

 

Any suggestions as to what I should write back....printable of course!!

 

[citizenB]

I would give them a few days to see if the agreement does turn up. I fail to see why it couldnt have been included in the letter however.

[WelshMam2009]

I would give them a few days to see if the agreement does turn up. I fail to see why it couldnt have been included in the letter however.

 

Thanks CB...had an identical letter today for another account of theirs...still no CCA's though!!

 

Oh, and as an aside, following my CCA request to M&S, they have defaulted me!! Let's wait and see what those beggers turn up!!

[WelshMam2009]

Ok, am shaking a little as I type this!!

 

Letter from MBNA saying that they have now sold one of my debts to Direct Legal (Dtl). Anyone heard of them? They are based in Northants.

 

Also, the account number they refer to is different to mine and I don't recognise it (unless it was my original account number - will need to check).

 

I have also today received a copy of the current terms and conditions which they claim satisfies the S78 request and am going to challenge that.

 

A SAR is the next step for them.

 

Why have the sold the debt straight on I wonder??

[WelshMam2009]

Ok, this is the sold debt letter....

 

[WelshMam2009]

This is the CCA response...note only a copy of the current conditions were enclosed...

 

[WelshMam2009]

Out of interest, the "sold " letter is dated 3 days before the CCA response...

[angel_1]

hiya Welshmam

 

keep positive, wishing you lots of luck

 

have a sunny day laters angel x

[WelshMam2009]

hiya Welshmam

 

keep positive, wishing you lots of luck

 

have a sunny day laters angel x

 

Thanks Angel...will do my best!! xx 8)

[WelshMam2009]

Thanks to Underdog I've just realised that the debt was sold 4 days prior to the expiry date on the DN. This date was wrong anyway due to second class post and Easter hols.

 

But, what does that mean for me in practice??

[joemay]

Subbing

[I've got no money]

If they assigned the agreement before they served the default notice then whilst the assignment is valid - the DN may not be.

 

Where did the DN come from - I thought that it had to come from the creditor - as the debt had been assigned at that point MBNA were not the creditor.

 

On that basis the DN may not be valid