MBNA admitted no CCA, so I want to claim interest back.... Need help though!

[ony]

Just got a letter from MBNA in which they claim they have my original credit agreement and full statement of account, it had neither only a commitment to you pamphlet.

 

Thnks to wednesday I now have the POC for noncompliance just wanted to ask whats the court fee for such a case?

 

 

No worries found it!!

 

thx

[wednesday1867]

as MBNA have told me on the phone today they can't produce my agreement - they are writing to confirm this

 

might be heading down the same route as yourself

 

Might Be????????????????????

 

 

Get on the bandwagon

 

Im only joking, it is a big decision, especially if your account is cleared, if anyone manages to reclaim interest, then id be filing a claim like a shot with written confirmation of no agreement

[wednesday1867]

Thnks to wednesday I now have the POC for noncompliance just wanted to ask whats the court fee for such a case?

 

Nothing to do with me, down to Davefirewalker and Uniboy, i just copied it and amended it to my circumstances.

[standingupformyself]

Standing - hope you don't mind me posting this here but have been following your story with interest! .

 

 

You are very welcome. I will subscribe to your thread....

I am not sure about them saying to you that they are only negotiating at court stage........... I think it is to do with circumstances, I beleive they negotiated with me because they did not have the CCA, and they were in a no-win situation.... I think others that are reclaiming charges who have the CCA are having to go through the court stage.

 

Look forward to reading your postings.... keep in touch

xxxx

[standingupformyself]

hey there standing

just been reading you and wednesdays threads re MBNA and i'm so impressed by how far you've come since I was talking to you last

 

I've had a settlement from MBNA re charges but the info is on my credit file

 

I'll be seriously reading and rereading your threads re CCa - as MBNA have told me on the phone today they can't produce my agreement - they are writing to confirm this

 

might be heading down the same route as yourself

 

well done for being brave enough to take these guys on

 

Lovely to see you again Jackster! Wednesday and I have been lapping up a lot of information with a lot of help from very knowledgable people on this forum............. keep in touch with us and jump on our bandwagon, there is more than enough room!

 

xx

[jackster77]

Might Be????????????????????

 

 

Get on the bandwagon

 

Im only joking, it is a big decision, especially if your account is cleared, if anyone manages to reclaim interest, then id be filing a claim like a shot with written confirmation of no agreement

 

 

 

LOL Wednesday

 

when I spoke to them yesterday and wanted to know why I wanted my CCA I told them that it was my intention to use the lack of it to get the information to removed info from my credit file

So she was going to speak to the legal department and write to me regarding this and also confirm that they have no CCA

 

The number below is very useful if you are trying to chase a response to your letters from them

 

Tel 01244 672348 ask for Will waring but only his assistant will you ring back still it gets the job done

 

 

hey there standing just trying to sort out some confusion over compounded contractual interest then I'll be putting my full weight on that bandwagon :D

[standingupformyself]

I came across this link this evening........ Apparantly some judges/courts are allowing cases to be stayed whilst waiting for the "Test Case" can anyone that reads this post this onto their own thread, there are only 40 odd signatures on it at the moment, surely we can help this?

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

[standingupformyself]

I received this letter this morning................ Need help with a response please,,,,

 

Ref: *!”*!”*!”

8th August 2007

 

 

Dear Mrs Standingupformyself

 

Thank you for your letter which we received on 16 July 2007. I regret to learn that you remain unhappy with the administration of your account.

 

In reference to the Consumer Credit Act and how it has been adhered to; the copy of the credit agreement which you received with your credit card actually serves as your copy of that credit agreement for the purposes of the Consumer Credit Act 1974. This is sent to you in the form of a “credit card mailer” and compromises a credit card which is physically attached to the copy of your agreement.

 

The signature has been deliberately omitted from the credit agreement, as MBNA is permitted by law to serve you a copy of the credit agreement without including the signatures and certain other specified information. This does not affect the validity of the credit agreement or the copy that we have served you. They have not provided me with any copy of anything

 

The appropriate statements that have been mailed to your address during the lifetime of the account detailing the spending on this account also outline an association between you and MBNA. I do not dispute the fact the account exists, what I dispute is the terms and conditions attached to this account........ ie what are they?

 

If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 was satisfied) but the underlying credit agreement itself, together with the borrower’s obligation to repay remains valid and intact. For the avoidance of any doubt we would like to confirm that MBNA has responded in full to the request you made under S78 and in any event the credit agreement remains valid and your obligation to repay remains intact. MBNA have not responded to my request, because they have not sent me anything at all........ just a letter stating that they cannot send me the true copy but the debt still exists and is enforceable, and this letter

 

I must inform you that this is our final response. If you remain dissatisfied you may refer your complaint to the financial ombudsman service, within six months of the date of this final response. Their address is:

 

 

BLAH BLAH

[miss muppet]

Hi Standingupformyself, daughter got exactly the same letter yesterday and was just going to come on here to ask for a letter, no doubt some kind person will oblige us soon:)

[shane5408]

deleted

[shane5408]

hiya,

 

well they are still in default and have not provided you with a 'true copy' as per the Consumer Credit (agreements) regulations state nor have they complied with s.180 of the CCA. I would send them something along the lines of:

 

Dear creditor

Thank you for your letter dated ******** in response to the queries I had about the response to my earlier request made under section 78 of the consumer credit act.

I am afraid that you still have not supplied the information requested in said act and there fore are still in default.

The request is for post contractual information as regulated by section 180 of the act the regulation you speak of is contained within Statutory Instruments 1983/1557 which reads:

General requirements as to form and content of copy documents

3.-(1) Subject to the following provisions of these Regulations, 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 be a true copy thereof.

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

As you can see the only omission allowed by this regulation is the signature box of the Debtor/ Hirer, all other aspects of form and content including prescribed terms,cancellation details etc. are required in order to fill the requirements’ of a true copy.

 

Regarding the enforceability issue due to incorrect pre-contractual form and content:

As per section 127(3) of the act the minimum requirement for a court to consider enforcing a agreement of this type(Running account Credit) is that it should have the Debtor/ Hirer’s signature and ALL the prescribed terms contained in Statutory instruments 1983/1553 Schedule 6; As directed by section 60 of the Act

• Credit limit• Rate of interest • Repayments

If any of these items are missing then a court cannot enforce any agreement made and regulated by the Act prior to April 6th 2007.

The absence of all other aspects of the agreement relating to form and content as defined in the Agreement Regulations (1983/1553) render the contract enforceable only by order of the court.

[Hopeful1]

Hey Standing. Just checking in. Shane's letter looks like it'll do the job.

 

You can't blame these companies for trying - they're losing so much money for all their unfair/bad business practice. We really ought to give them some credit for the effort put into the responses they send us in a desperate bid not to have to admit we're right

[miss muppet]

In the absence of Standing I will say many thanks for that brill letter Shane, that should keep them busy, thanks also Hopeful for checking in:cool:

[standingupformyself]

I was not around last night............Bacardi and my best mates beckoned! Thank you Shane, that is excellent. I will get that letter sorted today and off in the post recorded in the morning... they are no longer asking me for money as my account appears to be finally clear, however that is only because they have overpaid me!!! But my interest in claiming back all interest paid remains.

[Hopeful1]

Bacardi and my best mates beckoned! .

 

Last night Bacardi was my best mate!!Along with a bag of popcorn, a bag of flying saucers and 2 girly mags (as in fashiion and gossip!!!).....absolute bliss

[Monty2007]

Hi, could anyone answer the following:

 

1. Does anyone have the particulars for a claim for non compliance under Section 78(1) of the Consumer Credit Act 1974 ?

2. If the credit card company have already paid back some charges then how is this accounted for in the calculations on the N1 form? Do you deduct the amount already paid or is there a procedure for this?

3. If you are claiming for two cards from the same cc company (in respect of both 1 & 2 above) do you need to file 2 x N1 claims or can it be done on the same N1 claim?

 

Many thanks

 

Monty

[standingupformyself]

Hi Monty. I think Wednesday is further ahead than me on this......... He seems to be more underway than I am........ I am still reading and re-reading at the moment.

http://www.consumeractiongroup.co.uk/forum/mbna/104386-mbna-no-cca-gimme.html try his link

[Monty2007]

Hi Monty. I think Wednesday is further ahead than me on this......... He seems to be more underway than I am........ I am still reading and re-reading at the moment.

http://www.consumeractiongroup.co.uk/forum/mbna/104386-mbna-no-cca-gimme.html try his link

 

Many thanks Standing, any views on the other questions? I am sure it has been an issue before? I suspect I need to file two N1 claims for the two accounts even thought it is the same cc company?

[shane5408]

Hi, could anyone answer the following:

 

1. Does anyone have the particulars for a claim for non compliance under Section 78(1) of the Consumer Credit Act 1974 ?

2. If the credit card company have already paid back some charges then how is this accounted for in the calculations on the N1 form? Do you deduct the amount already paid or is there a procedure for this?

3. If you are claiming for two cards from the same cc company (in respect of both 1 & 2 above) do you need to file 2 x N1 claims or can it be done on the same N1 claim?

 

Many thanks

 

Monty

,

 

Hiya,

 

you can issue one N1 claim with both accounts on it provided they are held with the same bank and are both of the same type of account, ie 2 credit cards NOT 1 bank account and 1 credit card.

 

 

It makes no difference if the Creditor has refunded a percentage of the charges prior to you issuing a claim, just need to make sure your Schedule of charges is ammended accordingly to take this into account as should the relevant sections of the N1.

 

In regards to non compliance under s.78(1) I can help with that but first need some more details, have they provided you with any form of agreement, regardless of whether it contains signatures, dates etc? Have they done so in the required time limits etc? What letters have they sent back to you, if any?

 

regards,

shane

[Monty2007]

,

 

Hiya,

 

you can issue one N1 claim with both accounts on it provided they are held with the same bank and are both of the same type of account, ie 2 credit cards NOT 1 bank account and 1 credit card.

 

 

It makes no difference if the Creditor has refunded a percentage of the charges prior to you issuing a claim, just need to make sure your Schedule of charges is ammended accordingly to take this into account as should the relevant sections of the N1.

 

In regards to non compliance under s.78(1) I can help with that but first need some more details, have they provided you with any form of agreement, regardless of whether it contains signatures, dates etc? Have they done so in the required time limits etc? What letters have they sent back to you, if any?

 

regards,

shane

 

Thanks Shane, please see my thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110103-brachers-solicitors-anyone-had.html

 

Regards

 

Monty

[wednesday1867]

Hey Everybody

 

In Shanes letter, wouldnt it be an idea to add a paragraph about what your intentions are?

 

Just to let them know you are willing to pursue this to the courts if you have to and ask them for the document they are going to depend on in court? Shanes letter is good, but it doesnt move the process on, its just telling them its not enforcable, i think you need something to add its not enforcable, so keep the pressure on them.

 

On a seperate note, i dont know what football is

[Monty2007]

Hey Everybody

 

In Shanes letter, wouldnt it be an idea to add a paragraph about what your intentions are?

 

Just to let them know you are willing to pursue this to the courts if you have to and ask them for the document they are going to depend on in court? Shanes letter is good, but it doesnt move the process on, its just telling them its not enforcable, i think you need something to add its not enforcable, so keep the pressure on them.

 

On a seperate note, i dont know what football is

 

Hi Weds, where is Shane's letter, I am just completing an N1 and somewhat based on your own claim details (thanks). I will post when I am finished.

Regards

Monty

[wednesday1867]

hiya,

 

well they are still in default and have not provided you with a 'true copy' as per the Consumer Credit (agreements) regulations state nor have they complied with s.180 of the CCA. I would send them something along the lines of:

 

Dear creditor

Thank you for your letter dated ******** in response to the queries I had about the response to my earlier request made under section 78 of the consumer credit act.

I am afraid that you still have not supplied the information requested in said act and there fore are still in default.

The request is for post contractual information as regulated by section 180 of the act the regulation you speak of is contained within Statutory Instruments 1983/1557 which reads:

General requirements as to form and content of copy documents

3.-(1) Subject to the following provisions of these Regulations, 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 be a true copy thereof.

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

As you can see the only omission allowed by this regulation is the signature box of the Debtor/ Hirer, all other aspects of form and content including prescribed terms,cancellation details etc. are required in order to fill the requirements’ of a true copy.

 

Regarding the enforceability issue due to incorrect pre-contractual form and content:

As per section 127(3) of the act the minimum requirement for a court to consider enforcing a agreement of this type(Running account Credit) is that it should have the Debtor/ Hirer’s signature and ALL the prescribed terms contained in Statutory instruments 1983/1553 Schedule 6; As directed by section 60 of the Act

• Credit limit• Rate of interest • Repayments

If any of these items are missing then a court cannot enforce any agreement made and regulated by the Act prior to April 6th 2007.

The absence of all other aspects of the agreement relating to form and content as defined in the Agreement Regulations (1983/1553) render the contract enforceable only by order of the court.

 

 

Here Monty.

 

I think it just needs, something along the lines of:

 

As i feel this agreement is unenforcable, i request MBNA to supply me with a copy of my agreement that complies fully with the Act, if you cant provide it, confirmation of its non existance will suffice. If i dont hear anything within 14 days, i will be filing a claim at my local County Court, to get a judgement on the enforcablilty of this "mailer", also to reclaim all monies paid to MBNA in "interest". As i have informed you of my intention for Cour action, i would also require confirmation that this is the document you will depend upon if such action is brought.

 

Its not very good, needs tweaking, but do you see my point?

[Monty2007]

Thanks Weds, I am now dealing with Amex's lawyers so need to get this right. They are heavy handed and I think will put up a fight. I may just send them a letter based on the above and immediately file an N1 claim. They have just added over £3,000 in collection costs to the accounts so this will be in the claim along with charges.

[wednesday1867]

Have they got an agreement for you?