Are MBNA in default of YOUR cca request?

[redsue]

I'm still working on my POC but as soon as I have anything to show you I'll pass it on definately - my thinking is that at least you can take them to court for enforcing a document whilst they are in default.

Will send you something as soon as I have anything to show you - best wishes

[gill5blue]

Sent a no acknowledgement letter

keep going all of you think positively;)

[lemma1968]

MBNA are in default today of my CCA request, I have another 30 days before its the criminal default.

 

With me they sent me 1. July statement, 2. Someone else's application form, 3. some undated T&C's.

 

A letter has gone out about point 2. Lets see what they come back with.

[empowered]

Sent my letter 10th May requesting copy of my Agreement - so far zilch received. Have now spoken to them twice on the phone - they said they had sent me a copy of my "application" about a month ago, which I havn't received - spoke again today and they said they would mark another request for the copy as urgent - won't hold my breathe. Feel another Prelim letter coming on for repayment of PPI plus interest, plus all the interest I have ever paid!

[jackster77]

MBNA are in default of my CCA

 

they admitted today on the phone that they can't find it - and asked why I wanted it and said that as they couldn't find it they sent me a copy of the terms and conditions instead which is as good as CCA

LOL LOL LOL LOL MBNA

They are going to confirm by post that they can't find it then its time to get information removed from file

 

http://www.consumeractiongroup.co.uk/forum/mbna/67778-mbma-abbey-credit-card.html

[redsue]

and said that as they couldn't find it they sent me a copy of the terms and conditions instead which is as good as CCA

 

mmm, telling lies and deliberately misleading customers - report them to Trading Standards, OFT, FSO and FSA

 

brill news - once you have it in writing you should be able to have it declared unenforceable at court - or they won't wipe it and they will still pursue you!

[seniorservice]

Sent request 7th February - £1 appears on my statement dated 13th February - nothing received.

[nicklea]

Hi redsue,

 

Looks like your in a similar position that I am in with Morgan Stanley.

 

MBNA are obviously using the same old excuse of:-

the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, regulation 3.

 

Love AC

 

 

Hi Angrycat,

 

I'm also dealing with Morgan Stanley. I've been searching all over the internet for a copy of the Cancellation Notices and Copies of Documents Regs, but all I can find is later Regs that say "These Regs amend the 1983 Regs" Could you point me in the direction of where I might be able to find a copy of them?

 

Thanks

 

Nicklea

[Fullyskinted]

Take a look at the latest posts on my thread...

 

Mines being going since 2/1/07!

 

http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a-2.html

[snapdragon]

Could I just ask a quick question here as I read your thread with interest. If credit card companies cannot provide a copy of the original signed credit agreement form (application form generally) are you telling me that they cannot enforce the debt and have to write it off???

[redsue]

Unless they can supply a true copy of the original agreement, including all the prescribed terms plus the terms and conditions which where relevant when the agreement began - they can only have the debt enforced through the courts.

I recommend you swot up on this area there is lots of info on this site.

[Josie8]

Unless they can supply a true copy of the original agreement, including all the prescribed terms plus the terms and conditions which where relevant when the agreement began - they can only have the debt enforced through the courts.

I recommend you swot up on this area there is lots of info on this site.

 

 

Just a note of correction;

 

Unless they can supply a true copy of the original agreement, including all the prescribed terms plus the terms and conditions which where relevant when the agreement began they cannot enforce the debt at all. If only one of the prescribed terms are missing then it is unenforceable. The courts are not allowed to enforce it by statute.

 

If they can supply a true copy of the original agreement, which includes all the prescribed terms but not the terms and conditions which where relevant when the agreement began then they can only enforce agreement through the court.

 

Uneforceable means they cannot apply interest to the account, cannot force payment, cannot lawfully send default etc information to CRA's and they cannot lawfully default you.

[Josie8]

Hi Sue,

 

Any response from TS or MBNA yet? I'm doing the same with MBNA - I liked your strategy. They have till next Friday to respond. I have received one letter from them though telling me they're increasing interest rate and the minimum repayment to 5% quoting various terms and conditions in my agreement........only problem is they haven't provided me with any agreement at all !!

[The Phantom]

Hi

 

MBNA sent me today what they perceive to be an agreement

http://www.consumeractiongroup.co.uk/forum/mbna/72390-mbna-default-ref-r-7.html#post1086145

Posted on my thread, for everyone to look at

[redsue]

hey phantom - pretty much like the rubbish they sent me - totally unenforceable - no t&cs, no apr and no credit limit

also if its illegible - then they still haven't complied - they are still in default

did you complain to TS?

[The Phantom]

I complained back in April to TS when MBNA entered into criminal default, it took MBNA until now to send me this due to my complaint to TS at the time.

 

I only got this in the post yesterday, so haven't done too much

I am about to compose a reply to them, but will most likely have to send that twice once I get the same rubbish from LINK

After all MBNA has long sold the debt and Link is also in criminal default,, so no doubt they will send me the same once they get their copy from MBNA>

Makes your eyes water

 

What they sent me was this application form, and a generic credit agreement

(no signatures, no names, no nothing, from last year, as the penalty charges amount already shows £12.- , not the £25.- or so it was when I took the card in the 1990s.) plus some recent T&Cs

 

I intend to send them a slightly amended letter similar to the one posted in

Zubos' Resources workshop, post 16

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/79147-consumer-credit-act-resources.html#post698228

But I won't invite them to send me something else. I just thank tem for sending me what they perceive as the agreement aas it is totally unenforceable in court or something like that

[redsue]

have sent you some info x

[The Phantom]

Many thanks and greeting to woolieback land !!

[linz2011]

subbing good luck everyone x

[M.Willows]

Hi Redsue

Hows it going, any further news .

[redsue]

they are still playing slilly buggers and I've put my POC together and I'm going to take them to court to

a) reclaim charges, interest etc added to account whilst in default of s78

b) have agreement deemed unenforceable

c) non compliance of S.A.R - (Subject Access Request)

d) wipe incorrect/unlawful data from credit references

 

I'm sick of these numpties and their unlawful practices

[humbleman]

Hi redsue

 

any further with this

[oggy1]

hi redsue ,

have got to the same position as you and wondering if i could have a copy of you poc.

your help would be great.

i have had the same letters and they are now refusing to enter into any more correspondance.

[davefirewalker]

Hiya Red

 

just thought I'd pop in to say hello.......

 

so "HELLO"

 

 

rgds

 

Dave

[karlatudor]

Hi Redsue,

 

I am in the same position and any help that you can give with POC would be greatly appreciated. MBNA keep phoning and when I told them that I would be reporting them for telephone harrassment, they told me that I could not do that! I told them that I would only deal with them in writing at which point a Mr. John Harvey told me that they did not deal with letters as they were an internet company. I remarked that this was surprising as they had sent me quite a few letters to which he replied, "Don't get smart with me." I put the phone down. I am now angry enough at this rudeness to take this further. So if you can help with the next step as I am not sure of the procedure.

 

Thanks

Karlatudor