My Cca From Mbna Please Look

[ANDREAMOUR]

I HAVE RECEIVED MY CCA FROM MBNA AND ITS BARELY LEGIBLE...

ALSO I COULD BE WRONG BUT I THINK THEY MAY HAVE CUT AND PASTED THE T&CS ON THE BACK....

 

 

Edited February 9, 2009 by ANDREAMOUR

[ANDREAMOUR]

I HAVE HAD A LOOK AROUND THE FORUMS AND FOUND THIS LETTER SO IM GOING TO POST IT OFF TODAY...

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974.

 

I note that you have replied to the above by sending an illegible copy of the application form. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the Act.

 

To clarify, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

 

Yours faithfully

 

 

Print name do not sign.

 

 

Regards.

 

Scott.

[supasnooper]

Hi there,

 

Well done on your research.

 

It'll put Virgin/MBNA on the back foot for a while.

[ANDREAMOUR]

HAD THIS TODAY

 

 

LOOKS A BIT SCARY

[supasnooper]

Just file the letter for a later date. Don't complete the I&E, they have no right to that info.

 

Be ready to receive a court summons though if they are serious.

[alangee]

Apart from the fact that your so called agreement is illegible, I notice that the terms and conditions side is dated at the bottom 11/02, but the application side has a date at the bottom of 05/03. They are not from the same document.

 

Alan

[ANDREAMOUR]

1 week on since i last wrote to mbna and today i get a nice letter from them saying that they can help my dept..

but nothing about my cca

think theyre just trying to butter me up lol

 

Edited February 18, 2009 by ANDREAMOUR

[mrebuzz]

i need to request a copy of my CCA from MBNA but i'm not sure what leeter to use - does letter N cover all requests and does this include transfer to DCA and include statement of account:

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

i found this letter and sent it to NDR but the one in templates is different

cheers

mr ebuzz

 

 

 

[ANDREAMOUR]

HI BUZZ

HERES THE ONE I SENT

KEEP A COPY FOR YOUR RECORDS

MAKE SURE YOU DONT SIGN IT

AND SEND IT RECORDED DELIVERY

GOOD LUCK.

 

 

 

YOUR

ADDRESS

HERE

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

YOUR NAME

[mrebuzz]

hello and thank you Andreamour,

 

so they have not sent you what you asked for then ? MBNA added £800 in charges and interest and all this actually put me over my limit .

 

So, i'm gonna try the request , i have done this with NDR/Empire and am now in dispute awaiting the final 40days making it unenforcable.

 

so, good look and i look forward to your updates about your request with MBNA. :grin:

 

buzz

[ANDREAMOUR]

Had this letter back today from mbna along with a copy of the the same illegible cca, the current t&cs and my last statement...

What should i do next?

 

[Taz11]

Hi, Subbing to this.

 

I've had exactly the same correspondence. Letter from MBNA saying they will try and help, letter from Optima saying MBNA will take legal action and then a letter from MBNA stating they will not correspond anymore. I've sent a letter to Optima and MBNA yesterday and will wait their response.

 

 

see my Taz11 v MBNA thread

 

cheers

 

Taz11

[ANDREAMOUR]

As Mbna Cannot Send Me A Legible Copy Of My Cca Does This Make It Unenforcable??? Could They Use This Copy In Court???

[ANDREAMOUR]

I have been trying to make some sense of my illegible cca and I have just noticed that on my cca in the section marked

 

"princible card holders request and declaration"

 

it says before i sign the agreement i should read condition 11 on the t&cs provided...

 

which is all very well but the t&cs that are allegedly on the back only go up to 3b????

 

Id say that was vey suspect...

 

I could be wrong but i think they have cut and pasted the wrong t&cs on my cca lol

[ANDREAMOUR]

Found this

it seems fitting for my situation....

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2009 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

[ANDREAMOUR]

HAD THIS TODAY ANY IDEAS WHAT TO DO NEXT???

 

[pompeyfaith]

Take a look here its a long post but there is lots of useful info there

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help.html

 

Its a long thread some 35 pages so far

 

MBNA are as you are finding out full of -ull****e and there record at keeping accurate documents is terrible hence why they falsify documents a lot

 

Have a good read of other MBNA threads it is so important as it will give you a good idea on what will happen

 

Oh and they are not interested in helping you although they make believe they do there aim is to get a ccj asap.

 

Regards

 

PF

 

p.s DO NOT WORRY DO NOT PHONE THEM IGNORE THERE CALLS THEY WILL SLIP UP AT SOME POINT.

 

and remember the consumer credit act 1974 is there to protect us not them.

[Taz11]

Funny that, I received exactly the same letter yesterday, and to pay by the same date................they must have us both in the same folder.......lol

[ANDREAMOUR]

Could do with a bit of help replying to this not sure what to write?

[ANDREAMOUR]

had 2 letters off mbna..

any ideas?

 

 

[ANDREAMOUR]

Looking for a bit of help on this now..

Can anybody point me in the right direction please??

[ANDREAMOUR]

Any one????

[amsgirl]

Subscribing

[f1owers]

Subbing too

[ANDREAMOUR]

I have sent a complaint to the oft and the ombusman..

But im not sure what to write back to mbna...????