MBNA sold to Experto - no CCA

[SB100]

In reality, unfortunately, whatever you send them will be ignored.

 

From your post I'm guessing that you've stopped paying? That usually gets their attention.

 

I'd be inclined to make a subject access request, and note specifically that you want to see the CCA. Once that arrives, write to them and ask them to confirm that they've sent everything that they hold on you. This may be useful later if they come up with something that they haven't previously sent.

 

Remember not to sign anything- and send a postal order for £10 as payment for the SAR.

 

The next move is really up to them, unless you feel brave and want to issue against them. This could be dangerous though until you know exactly what they have up their sleeve- which may be nothing

 

Hope this helps

[SB100]

Just to add, send them a telephone harassment letter like this..ou're at it rescind any authority they may have to make / threaten to make doorstep calls

 

**Credit Card Co Name and Address**

 

Dear Sir / Madam,

 

Ref: Account Number: **** **** **** ****

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

You are aware that this account is in FORMAL DISPUTE as per my letter dated **/**/****, which was signed for at your offices on **/**/****.

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

 

 

Yours faithfully

If you use BT for your home phone, they have a nifty service called 'right to refuse'. Its one of their premium services, but doesn't cost much, and you can bar individual numbers from calling. Works a treat

[SB100]

34.9% certainly did it for me

[SB100]

Yep, me too. I would never have considered this course of action until they did this- an increase in credit limit of about £12k in six months, then the second I hit it they whacked me on 34.9% ensuring I'd be a customer forever.