Mbna/link. Unreadable Cca

[snagpuss]

I received a cca frokm tyhem a few wekks ago and couldnt read it so told them mso, they have replied just saying the same thing and wanty to take legal actio, this ig the reply i sent them bu getting bita and bobhs from differenct threads, do you thihnk its ok, plead4e commenty

 

Further to your recent letter, I must again advise you of the following. Further to my request for a copy of the signed CCA you supplied me with a document that was not legible and therefore does not comply with the following regulations:-

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

2 Legibility of notices and copy documents and wording of prescribed Forms

 

 

(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 .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

 

I am also of the opinion that the copy of the agreement, whilst illegible, also does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

Until I receive a clear, legible copy of the alleged CCA, this account remains in dispute and no further action can be taken.

[vint1954]

Hi snagpuss,

 

I assume that you have sent an In Dispute letter?

 

If the document is not readable, then they have not complied. Is it posted anywhere?

 

Give it a little while for a response, then send a CPR reqquest for the agreement.

[snagpuss]

hi, no its not readable at alll, i cant read it a=even wiith glasses ohn. i cant scann it here as dont have scanmneer

 

i sent disopute letter after cca request thehn they sent me this doicument, i replied toklld them it wasnt enforceable and now thay have sent letter threateniubig coiurt so i came uyp with this letters

 

is itd ok do you think?

apologise dfdo spelling, after efects of stroke

[vint1954]

Send them this after inserting your information.

 

Dear Sirs,

 

I acknowledge no debt to your company.

 

Account in serious dispute.

 

Re account noxxxxxxxxxx and my request under the Consumer Credit Act 1974

 

I am in receipt of your letter dated xxx2009 and note its contents.

 

On xxxxxxx2009, I wrote to MBNA requesting that MBNA supply me a true copy of the executed credit agreement for this account.

 

You appear to be under the impression that you have sent "a true copy" of an agreement, In response to this request, when in fact I all that have been supplied with an unreadable document which does not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any legible prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 198311553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 198311553 for the definition of what is required.

 

Since this document is illegible it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt at this time, you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading's guidance on debt collection

 

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h_ Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant and legible copy of my credit agreement and terms and conditions to confirm I am liable to you for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

 

 

I respectfully request a response to this letter by 4pm 26th June 2009

 

Yours

 

Print do not sign your name.

[snagpuss]

I am typing this on behlaf of my friend Snagpuss who is sat shaking like leaf and sobbing after receiving this letter from Link Financial, she is a state and just does not know what to do next. As some of you may know, she has had a stroke but normally manages fantastically, however this letter has greatly upset her and she does not know now which way to turn, could anybody point her in the right direction please.

 

Here is the reply from Link

 

Thank you for your letter dated 12 June 2009. Please be aware we maintain the information we supplied to you fulfils our obligation under the Consumer Credit Act 1974 and do not consider your account to be in dispute. Your MBNA Europe Bank Limited was assigned to Link Financial in may 2002. the responsibility to manage the information placed with the CRA by MBNA was also passed at the time of purchase therefore we do not believe we are in breach of our responsibilities under the Data Protection Act 1988 with regards your details. We would however confirm as the default date for your account is more than 6 yeras ago the default is no longer being reported to the CRA. You have however acknowledged this debt by making regular payments the last of which was on 13 February 2006. Please contact us to discuss the repayment of your outstanding balance.

 

If you have any question in relation to this letter, please feel free to contact me direct on .................

 

Whilst I do not know much about this sort of thing, I have seen the agreement and even I cannot read it, it is not even clear using a looking glass. Can anybody help my friend as I am unsure what to do next, she has contacted the Citizens Advice and the Consumer Credit Counselling but nobody can help.

[Uptotheneck]

If as you say the CCA is unreadable, then there is nothing they can do.

 

All they have sent is some hot air to get you to pay something they cannot prove that you owe.

 

I dont know if anyone else agrees, but would it be worth SAR'ing MBNA?

 

Regards

 

David

[vint1954]

I am typing this on behlaf of my friend Snagpuss who is sat shaking like leaf and sobbing after receiving this letter from Link Financial, she is a state and just does not know what to do next. As some of you may know, she has had a stroke but normally manages fantastically, however this letter has greatly upset her and she does not know now which way to turn, could anybody point her in the right direction please.

 

Here is the reply from Link

 

Thank you for your letter dated 12 June 2009. Please be aware we maintain the information we supplied to you fulfils our obligation under the Consumer Credit Act 1974 and do not consider your account to be in dispute. Your MBNA Europe Bank Limited was assigned to Link Financial in may 2002. the responsibility to manage the information placed with the CRA by MBNA was also passed at the time of purchase therefore we do not believe we are in breach of our responsibilities under the Data Protection Act 1988 with regards your details. We would however confirm as the default date for your account is more than 6 yeras ago the default is no longer being reported to the CRA. You have however acknowledged this debt by making regular payments the last of which was on 13 February 2006. Please contact us to discuss the repayment of your outstanding balance.

 

If you have any question in relation to this letter, please feel free to contact me direct on .................

 

Whilst I do not know much about this sort of thing, I have seen the agreement and even I cannot read it, it is not even clear using a looking glass. Can anybody help my friend as I am unsure what to do next, she has contacted the Citizens Advice and the Consumer Credit Counselling but nobody can help.

 

I would respond with the below letter.

 

Dear Sirs,

 

I acknowledge no debt to your company.

 

Account remains in serious dispute.

 

Re account noxxxxxxxxxx and my request under the Consumer Credit Act 1974

 

I am in receipt of your letter dated xxx2009 and note its contents.

 

You still appear to be under the impression that you have sent "a true copy" of an agreement, In response to this request, when in fact I all that have been supplied with an unreadable document which does not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any legible prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 198311553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you again to Schedule 6 Column 2 of SI 198311553 for the definition of what is required. You are wrong to assert that the document supplied by you fulfils your obligation under the Consumer Credit Act 1974

Since this document is illegible it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

I require you to provide me with a LEGIBLE copy of any contract between MBNA and myself that you may hold. The terms of the 1974 CCA are clear in that any document that you supply, must be easily read. The document that you supplied, cannot be read. Until you supply a clearly legible agreement, I will not communicate further on this matter.

 

In addition should you continue to pursue me for this debt at this time, you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading's guidance on debt collection

 

Send this letter.

 

Do not call them.

 

Expect more greif from them. They do not give up lightly.

 

And, Oh yes: REPORT THEM TO THE OFT.

 

I hope snagpuss has calmed down. It will be dificult and at some points distressing, but keep plodding on.

[snagpuss]

hello, aftrey searching bioards this is exactlyb like thae agreements i have

Edited June 24, 2009 by snagpuss

[snagpuss]

[snagpuss]

[snagpuss]

tis is aexactly like thiew one io received, pichied it off another thraed after swearching through, hjope they sont mind, sorry iog ythey do

[snagpuss]

lllllllllllllllllllllllllllllllllllllllllllllllllll

[snagpuss]

could snaybody have a look ayt this , is iyt enforcarble, tahgink you

thatsds what it lokis like in areal lifye

[snagpuss]

please sp cou;d anyone hel[

[diddydicky]

Ok stop sending letters to them you have made your point

 

stop panicking there is nothing they can do its all bluster

 

have you made any payments since 2002 or acknowledged the debt in writing since then?

 

did you receive by registered post a notice in 2002 from the original creditor mbna assigning the debt to link?

 

relax you are in good hands

[diddydicky]

they quite oftne bull**** people by saying they made a payment in the last couple of years DID YOU?

 

if you have not made a payment in the last 6 years or acknowledged the debt in writing then it will be statute barred

[snagpuss]

havre maode payments in 20060

[snagpuss]

Ok stop sending letters to them you have made your point

 

stop panicking there is nothing they can do its all bluster

 

have you made any payments since 2002 or acknowledged the debt in writing since then?

 

did you receive by registered post a notice in 2002 from the original creditor mbna assigning the debt to link?

 

relax you are in good hands

 

paymenst nadse through gregory pennington in 2006, havent received frtiom mbna about assignemnet

[cashins]

MBNA's storage and retrieval systems for older documents were rubbish.

 

It is unlikely that they could in fact provide a legible copy of what has been sent and Link are fully aware of that!!

 

If you have sent the 'Account In Dispute' letter, just leave it at that.

 

David

[snagpuss]

Thakn you allr. Feekl better, Link just cery sacry

[diddydicky]

Thakn you allr. Feekl better, Link just cery sacry

 

if it makes you feel better be assured that the MORE scary a letter looks the more likely it is to be crap

 

letters with tons of Red and black threats and statements are ALWAYS crap