AlexL v MBNA

[AlexL]

Well after successfully claiming back thousands from Barclays and Smile for bank charges I am now embarking on dealing with my credit card companies, namely MBNA and Capital One (separate thread)

 

I have already removed my phone numbers using the online system and am about to send the first CCA request, I have posted a copy below.

 

Does anyone have any comments. I have read through quite a lot of the site and there appears to be some debate about whether this is now the right approach.

 

Many thanks

 

 

>>>>>>>>

M B N A EUROPE BANK LTD

STANSFIELD HOUSE

CHESTERBUSINESS PARK

CHESTER

CHESHIRE

CH4 9QQ

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXXXXXXXX

 

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 postal order 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

Edited May 7, 2009 by AlexL
clearer title

[steven4064]

I(t depends on what you are trying to do. If you are jsut going after unlawful charges, you don't need a CCA request, just statements an dthen you do it exactly as you did before.

 

have a look at my GE Money and Goldfish threads - no CCA in either

[AlexL]

Hi

 

I should have been clearer and given a bit of background.

 

I am looking at going down the unenforeable route. Financial situation means I am finding it very difficult to make the payments and for the time being at least I would be happy to not have to pay anything.

 

If I end up with a settlement in X months even better.

 

Thanks for your quick reply.

 

AlexL

[steven4064]

There is nothing to stop you making a request under s78 of the CCA. However, it probably won't provide very god info (particularly from CAp1)

 

It is looking like there might be a test case on CCA enforceability

[AlexL]

Will the expected lack of info mean I will be able to put the acount in dispute and not make further payments for the time being?

 

Thanks

 

AlexL

[steven4064]

HAve a look at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196098-mbna-agreements-application-forms-5.html you will see that most MBNA agreements are just about enorceable (provided you can read them as the quality of reproductionis usually dreadful)