Mbna - Not Met Cca Request

[NPMBNA]

Hello everyone,

 

I've been reading on this site for some time now, but seem to be getting more and more confused, so I thought the best thing to do was to post my own thread and see if anyone can help me.

 

Here goes

 

I've posted a CCA request to MBNA dated 19th October, they've cashed the cheque (signed by my husband) but I have still not received anything back from them. I've sent out another letter (used template from this site) stating they are now in default.....etc.

I never made my payment due 8th November due to not receiving the CCA.

 

What I'm wondering is if there is no CCA, which I'm pretty confident there won't be as I took the card with National & Provincial about 15 years ago, will I still have to pay the debt?

 

Also what are my next steps?

 

Thanks in advance for any advice you can give me.

Edited November 27, 2009 by NPMBNA
URGENT ADVICE - 27/11/09

[supasnooper]

Hello there,

 

Welcome to CAG.

 

You could put the "Account into Dispute" as MBNA have failed to comply with s78 of the Consumer Credit Act 1974.

 

Have a look at letter 20 here -

 

The Consumer Forums - Debt collectors

[NPMBNA]

Hello there,

 

Welcome to CAG.

 

You could put the "Account into Dispute" as MBNA have failed to comply with s78 of the Consumer Credit Act 1974.

 

Have a look at letter 20 here -

 

The Consumer Forums - Debt collectors

 

Hi, thanks for the reply. This looks pretty much like the letter I have sent yesterday, except for the bit about comments they have sent me. They have not sent a reply of any kind, but they have cashed the £1 cheque that was signed by my husband.

 

I'm just not sure on the next steps now, do I just sit tight and wait? I have now missed one payment due 8th November as I hadn't had the CCA request fulfilled.

If they have no CCA do I have to pay the debt? I read somewhere about offering £0.03 per pound owed as this is the best they can hope for.

 

I'm really out of my depth and a little fearful really.

 

Thanks again for any advice given

[supasnooper]

You could ask for the £1.00 back but I doubt you'd get it.

 

I'd sit tight if I were you and have a look around the forums especiually the MBNA forum and this forum -

 

DCA Legal Successes - The Consumer Forums

 

How old is the ACCOUNT ?

[NPMBNA]

You could ask for the £1.00 back but I doubt you'd get it.

 

I'd sit tight if I were you and have a look around the forums especiually the MBNA forum and this forum -

 

DCA Legal Successes - The Consumer Forums

 

How old is the ACCOUNT ?

 

The account is around 15 years old. It was originally taken out with National and Provincial..

Do I keep up payments? or wait until I get some kind of response to my requests.

What about the default letter I sent to them yesterday, how long do I leave this before chasing again?

I'm sure I'll receive this months bill next week, I think they're normally date 21st of each month.

 

Thanks

[supasnooper]

Ooops...if I'd have read the post properly.

 

Anyway, once the account has been put into dispute, you are entitled to withhold payment until they answer your s78 request.

 

MBNA will write and may be even phone requesting payment but you are not obligated to write or speak to them; and then only to invite them to correspond in writing.

[NPMBNA]

Hi, I'm fairly new to all of this, so here goes.

 

I've recently requested two CCA's, one from MBNA (done another thread) and the other from Sygma (Everton Mastercard).

 

I took the sygma card out 20/03/2009.

 

They have sent me a copy of CCA, I think (title on top) which was like the application form and you signed it.

 

However on the bottom there is a section

'To be completed by store staff'

 

one of the boxes is credit limit, however no amount was input.

 

Does this make it unenforcable?

 

The large A3 sheet was one sided and was a little bleary so they sent me the same sheet in a new/blank version as well, fair enough.

on which for credit limit,

KEY FINANCIAL INFORMATION

' credit limit: the credit limit (and any sub-credit limit referred to in clause 4)will be determined by us from mtime to time under the agreement and notice of it will be given by us to you.

'Monthly Payments: monthly payments of £5 or 3% of the outstanding balance from time to time, whichever is greater, payable within 20 days of the statement date.

APR: 16.9% APR variable

 

However they've also sent me newly printed version of the credit card terms and conditions.

For credit limit it says,

 

We will decide at our discretion on the amount of credit we grant under this Agreement and willl notify you in writing of the Crdit limit and of any sub-credit limits which may from time to time (as notified by us to you ) apply to cash advances and each party of this agreement. we will notify you of changes to our credit limit in writing from time to time. the credit limit (and for the avoidance of doubt, any sub-credit limit applying to any of this agreement0 may not at any time be exceeded. Sub-credit limits form party of the credit limit.

 

 

I also notice on the part that I sign for the agreement that there is a section underneath that says

signature for sygma bank uk

signed on behalf of sygma bank uk

 

duly authourised on which is the date of this agreement.

 

This is all blank, they have not signed or dated???

 

Is this all ok and enforcable/legal etc?

 

Many thanks in advance sorry for such a long post. SignGuard Digital Signature Strip Are you worried that your signature might be copied onto some other document?

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Now you can request data disclosures or Credit Agreements and keep your peace of mind.

[Guest Old_andrew2018]

IMHO the agreement will be valid

[supasnooper]

Would be far easier if you posted up the Agreement ( omitting all personal details).

[NPMBNA]

I can't, I dont have anything to get the agreement on, so I typed what I thought were the relevant bits. thanks

[NPMBNA]

Hello again,

 

I have today received my credit card statement dated 20/11/09. On which, is a default late sum of £12.00 (I didnt' pay last month as I hadn't rec'd my CCA)

 

It also states in black bold type

 

YOU HAVE FAILED TO MAKE A MINIMUM PAYMENT

 

FAILING TO MAKE YOUR MIMIMUM PAYMENT CANT MEAN THAT YOU HAVE BROKEN THE TERMS OF THIS CREDIT AGREEMENT AND COULD RESULT IN US TAKING LEGAL ACTION AGAINST YOU. IT COULD LEAD TO YOUR HAVING TO PAY ADDITIONAL COSTS AND MAKE IT MORE DIFFICULT FOR YOU TO OBTAINI CREDIT IN THE FUTURE.

 

I don't know what to do next. I sent the CCA request 20/10/09, to which I had no response. I then sent out something detailing that they are now in default, etc.

This was sent on 16/11/09, and rec'd on 17/11/09 as I've just checked online at the postoffice.

 

Can someone please advise me of my next step. Do I now write another letter stating that the account is already in a default situation due to them? Do I write to the financial ombudsman as they have not dealt with my previous requests?

 

Thanks so much for taking the time to look at this, I'm really out of my depth here.

[NPMBNA]

Hello again,

 

I have today received my credit card statement dated 20/11/09. On which, is a default late sum of £12.00 (I didnt' pay last month as I hadn't rec'd my CCA)

 

It also states in black bold type

 

YOU HAVE FAILED TO MAKE A MINIMUM PAYMENT

 

FAILING TO MAKE YOUR MIMIMUM PAYMENT CANT MEAN THAT YOU HAVE BROKEN THE TERMS OF THIS CREDIT AGREEMENT AND COULD RESULT IN US TAKING LEGAL ACTION AGAINST YOU. IT COULD LEAD TO YOUR HAVING TO PAY ADDITIONAL COSTS AND MAKE IT MORE DIFFICULT FOR YOU TO OBTAINI CREDIT IN THE FUTURE.

 

I don't know what to do next. I sent the CCA request 20/10/09, to which I had no response. I then sent out something detailing that they are now in default, etc.

This was sent on 16/11/09, and rec'd on 17/11/09 as I've just checked online at the postoffice.

 

Can someone please advise me of my next step. Do I now write another letter stating that the account is already in a default situation due to them? Do I write to the financial ombudsman as they have not dealt with my previous requests?

 

Thanks so much for taking the time to look at this, I'm really out of my depth here.

 

I have now rec'd a letter from Global Vantedge (debt collectors)

 

Dear Mrs xxxxx

 

Abbey Credit Card has asked us to contact you regarding the arrears on your account. As a valued customer, Abbey is confident that you will repay the overdue amount straight away.

 

Payments can be made by debit card by calling Gloibal Vanredge on freephone xxxx. Alternatively you can pay at you rbank using the giro slip on your statement, or by cheque made payable to MBNA EBL, which should be forwarded to the following address,

 

xxxxxx

 

Non-payment will result in yor account falling further into arrears and further late fees will be added to your balance. If you have paid the required amount within the last 3 days, please ignore this letter.

 

Your Sincerely

 

 

I have called the number and told them I am not legally obliged to deal with them due the fact the account is in default due to not rec'ing CCA. He told me Abbey are curious to know why all of a sudden I didn't make my payment last month, when I'd been paying every month more than double the minimum amount. I again stated that I am not allowed to speak with them about the account. He told me I would incurr further charges, I told him they are not allowed blah blah.

 

I'm confused firstly by the fact that one payment hasn't been met and they have had debt collectors ringing me for over a week (I haven't answered the calls) and now a letter, is this normal procedure for one missed payment? are they trying to scare me as they know they don't have the CCA?

 

Please help me, I dont' know what to do next. Without a CCA am I legally obliged to repay the debt to them? Or does the debt have to be written off with no CCA? Or do I simply pay the £0.02 in every pound I owe?

 

PLEASE HELP ME, THANKS

[supasnooper]

I would advise that you never speak to Global Vantage or MBNA on the phone unless you are able to record the call.

 

If you have sent a letter to MBNA putting the account into dispute then you could send this letter to Global (letter 17) - The Consumer Forums - Debt collectors

 

However there is nothing to stop you writing to MBNA offering a monthly payment that you can afford and keep paying them.

 

I would also ask that you have a read of the MBNA threads to see how this organisation operates.

[NPMBNA]

Thanks. However I am curious as to whether, without an agreement, I have to pay at all.

 

Also to miss one payment (as CCA request was not met) and have Global ringing and writing seems strange. I would have thought this unusual for one missed payment which makes me think they do not have the CCA.

[NPMBNA]

Continued from above

 

As I noted from an earlier reply it says if they didn't meet my request I wasn't obliged to pay anything until they sent the CCA, which is why I didn't make the last payment, which they have now added a default charge on my latest statement.

 

Many Thanks:-?

[Sunshine54]

HI NPMBNA

 

I can understand your confusion but the advice to read threads in the MBNA forum is really good advice. This is an extremely good 'self help' site.

 

The lack of a conformant agreement simply means that the debt is not enforceable through the court system. To my knowledge, it doesn't give you an automatic right of non payment of the whole debt. The debt continues to exist but the lender can't enforce payment.

 

As the account is in dispute you can withhold payment until such time as they comply with your request BUT as you have found, that won't stop them trying to make you pay.

 

In these circumstances some individuals choose to pay a minimum payment and others don't make any payment - this is a choice for you to make.

 

I am a relative novice in these matters but have a number of disputed agreements with Financial institutions and it's clear that they don't 'play by the rules'

 

I hope that this helps.

best regards

S

[NPMBNA]

Hi Sunshine,

 

I have read quite a bit on other threads, I seem to be confusing myself even more as I go along.

 

So....if the debt is still there, but they can't enforce payment, what does that mean? If they can't enforce payment due to a lack of agreement doesn't that mean they can't make me pay?

 

Thanks

Edited November 29, 2009 by NPMBNA
spelling

[Sunshine54]

hi NPMBNA

 

yes it does mean that they can't make you pay. I have a 'missing' agreement with RBoS and they have written more than once to say that they have misfiled the agreement and that means they can't enforce the debt through the court but they expect me to pay.

 

I don't pay (haven't since January) and they just send me a statement every month and they don't add any charges or interest to the balance so I just file them.

 

I know what you mean about getting more confused when you read more but trust me, it does start to make sense.

 

I started to copy info that I thought was relevant and subscribe to threads that were pertinent to my issues and then I could go back and read them again. It's just that all cases on here and different and it's important that you understand your own situation and options. read, read and read again

[NPMBNA]

Thanks Sunshine,

 

So...they can't make you pay. What happens then? because if they have no legal standing.....I'm not going to volunteer the money to them. They added so much interest, when they've been offering 0% to new customers etc. I've even rung, on more than one occasion, asking if they could reduce the interest but to no avail. I've never missed a payment until they didn't come through with the CCA request and as legally I was't obliged to make a payment, I didn't.

As far as I can read as they have defaulted they are not allowed to add interest or charges (even though they have, but I'm crossing that bridge when I come to it)

I've typed up the suggested letter (from supersnooper) to the Debt Collection Agency.

I think they know I'm in danger of not paying as after missing only one payment I had a debt collectors letter...which I thought was quite strange.

 

Thanks Sunshine

[NPMBNA]

Hi All,

 

I issued a CCA request to MBNA on 20th October, no reply. As they defaulted, I sent another letter, (used a template off this site) about the account now being in a default situation...blah blah.

As they defaulted I didn't pay that months payment. They have now passed the debt on to a DCA (global vantedge) after missing only one payment!!! I have also rec'd this months statement with default charge for last months missed payment. Am I right in assuming this is illegal?

They are also ringing me at least twice a day and sometimes upto 6 or more.

 

What should be my next step. I am almost certain they don't have a credit agreement as I got the card about 15 years ago and it was with National & Provincial.

 

I want the debt written off...I've paid enough interest over the years to cover anything I spent x about 1000!!

 

Thanks

Debt collection library Follow this link to our debt collection library.

This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.

This library is work in progress and will be built up over the next few weeks.

17.03.09

[amber]

NPMBNA

 

I have just answered you on loclisa's MBNA thread where you posed the question.

Please remember to keep it all to one thread otherwise it will just get confusing (for yourself and also for others).

 

Send them a letter of harrassment to refrain from calling you at all manners of the day and night. Here it is:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

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.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

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

 

I am of the view that your continued 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.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

 

************************* ***********************

 

This should do the trick, but, if it doesn't, keep your cool and report them to the Office of Fair Trading and your local trading standards office.

 

PLEASE REPORT ABUSE.

 

Remember, keep your cool at all times, don't be intimidated by a piece of plastic, if you don't like what you're listening to, put the phone down - and remember the most important thing of all is to put and get things in writing at all times.

 

Additionally, complain to OFCOM - How to complain | Ofcom

 

The Communications Act 2003 can be found here

Communications Act 2003

Related Articles

 

Not sure of the legality of the default, someone will be along soon no doubt, to help you with this.

 

If they have not responded to your CCA request, or your Account in Dispute letter, then you need to send them the Letter Before Action which can be found in the template letters thread. Did you send the CCA request via recorded delivery? Have you tracked it online? Have they signed for it?

[NPMBNA]

I did send everything recorded delivery. I managed to lose the receipt off the CCA request, however they cashed the cheque, so they definitely got it. The account in dispute letter was sent 16/11/09 and received 17/11/09, I checked online.

 

I'll do the letter before action letter now.

 

I'm so grateful for your response.

[NPMBNA]

I can't seem to find the letter before action letter. Can someone help.

 

Thanks

[supasnooper]

I don't think you need a Letter Before Action letter.

 

MBNA have failed to comply with your CCA request.

You have put the account into dispute.

 

All you can do is wait to see how MBNA respond.

 

Meanwhile, I would send Global Vantedge letter 17 -

 

The Consumer Forums - Debt collectors

[NPMBNA]

Hi and thanks for replying.

 

I have already sent such a letter to Global Vantedge via MBNA in Chester as Global don't have a postal address and letters from them come in the same envelopes as my MBNA bills with the chester address on the envelope!!! strange.

 

Can I report MBNA to the ombudsman for non compliance? is there a letter that I can use?

Also I'm almost certain that no CCA exists therefore is there a letter to claim back all the interest charges they have applied to my account over the years? (in truth I'm not too bothered about claiming the interest but thought they might take me seriously)

I would like the debt written off as any interest they have charged me more than covers any debt there is on the alleged account!

 

Thanks