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

[davefirewalker]

Hi Standing

 

As you may or may not know, I am in the middle of this already as documented on my thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html

 

Things have gone a little quiet recently...(before the storm i think)

 

Basically put If they dont have or cant supply the original agreement then:

 

1 they cannot prove that their was one

2 they cannot prove how much it was for

3 they cannot prove if it was a VALID agreement

4 they cannot prove that you AGREED to them charging interest

 

plus lots of other stuff they cant prove

 

So.....

 

I would write them a letter saying something like

 

[Name]

[address]

 

[theirname]

 

[date]

 

Account no

 

Letter before action

 

Dear sirs

 

I write with regard to my alleged debt to your company, and your inability to provide me with a properly executed agreement. I would like to inform you that as you cannot provide any evidence of the agreement or any evidence as to its contents I suggest that any alleged agreement is void and unenforceable, and has been since its inception.

 

As such I believe that you have had no right to charge interest on any money forwarded.

 

I therefore request the return of any such interest taken without authority.

 

By my calculations this amounts to £3316.08

 

I will give you 14 days to refund the money to me unconditionally, if after this period you have not replied favourably, I will give you a further 14 days to reconsider. At the expiry of this last deadline I will issue court proceedings without further notice.

 

With the issue of the court proceedings I will also claim the court fee and 8% interest from the date of each charge which will affect the outcome significantly.

 

I hope to hear from you in a timely manner

 

Yours etc

 

-------------------

 

just off the top of my head, may need refining

 

Dave

[davefirewalker]

Dont forget to work out the 8% (or contractual) on the date of each charge

 

Dave

[davefirewalker]

Hi Standing.....

 

I think I may have just lost my mbna loan after some months of research and questions asked on here it looks like my agreement may be irredeemably uneforceable. (I do hope so)

 

but in answer to your last few posts, If they cannot supply you with the cca, it then follows that the cannot prove a contract, or at least the form of contract. That being the case they cannot prove that you EVER agreed to them taking interest.

 

CLAIM IT BACK.

 

I am doing the same with Morgan stanley. just wrote them a letter saying......

 

I dont owe you any money and will not comunicate with you further if you dont like, this take me to court !

 

my plan is for them to take ME to court I can then get this crap agreement sorted and countersue for the interest

 

good luck with your case, I'm sure that you will get everything back

 

rgds

 

Dave

[davefirewalker]

I'll have to get back to you on that... I'm just on my way out

it s a tiny bit more complicated

 

but as an aside....MBNA have just wrote to me out of the blue and said I can settle the debt for just over £5k......(about £10k oustanding)

 

WHY......

 

they must be rattled I think

 

speak later

 

Dave

[davefirewalker]

Hi Standing

 

It matters not what you have had back as regards charges....and the interest thereon, no matter how it is calculated. they took the charges unlawfully so they should pay them back.

 

what matters is the interest THEY have charged you. They are working on the premise that a contract existed. They lent you money.......and you agreed to pay it back with interest added each month.

 

Now then they have admitted that a contract does not exist, or they cant find it (same thing)

 

So they cant prove that you ever agreed to pay interest, or if you did at what rate. Similarly the same applies to your agreement to let them process your data. It was on the contract.

 

If no contract exists they have no right to have charged interest or to process your data

 

do you follow?

 

Send them a letter along the lines of.................

 

Dear Sirs

 

You have admitted that you cannot supply a regulated agreement that documents our alleged contract.

 

As such I believe that no contract exists or has existed.

 

Therefore I revoke any right that you might have or had to process my data, and to pass that data onto third parties. You do not have my permission to start to process any new data and any data already passed onto third parties must be withdrawn and destroyed.

 

As no contract exists you have had no right to charge interest on any money lent.

 

Therefore I am demanding the repayment of all such interest taken from ddmmyy plus I demand statutory interest at 8% from the date of each charge.

 

This totals to (interest) + (stat interest)

 

I expect the money to be paid as a cheque and not to an alleged account that may or may not exist.

 

I hope to hear from you positively within (time limit) if not I will file a claim in the county court for non compliance with the consumer credit act, and I will also ask for the alleged agreement to be pronounced void. In which case I will ask the judge for the return of all monies paid to the account.

 

I expect a timely reply

 

Yours etc

 

this is work in progress...it will need editing and I hope that some one else on here will pass some oppinions.

 

rgds

 

Dave

[davefirewalker]

I dont think it will go to court.......what would they tell the judge?

 

Judge "how much interest did you agree to charge"

MBNA "I'm sorry but we dont have an agreement"

judge "did she agree to you charging interest"

MBNA "I'm sorry but we dont have an agreement"

 

etc

 

etc

 

btw if you win this (sorry when) there will be NO ACOUNT to pay into !!

 

Dave

[davefirewalker]

sounds good to me

 

address should be

 

mbna

customer advocate office

chester

etc

 

it will be on here somewhere

 

good luck

 

Dave

[davefirewalker]

Hi wednesday

 

I think you have it wrong... think of the interest what THEY put on the account as a charge for borrowing

 

Standing claimed the charges back which were taken unlawfully. she is allowed to add interest to them

 

The interest on the account is a completely different thing, this is money they have taken from her each month for the priveledge of using their money

 

I think its the term " interest " that you have got confused.

 

rgds

 

Dave

[davefirewalker]

Hi wednesday

 

I can see the point you are trying to make

 

but

 

She can claim the £25 back. she is then allowed to add interest to that.

 

All she has claimed back is the £25

 

She has in fact leant them £25 so SHE can charge THEM for the priveledge.

 

Look at it another way

 

1. If she claimed all the interest ever paid back eg £nnnn.00

 

2. then claimed all the charges back as wel £nnnn.00

 

she could claim interest on the amount she leant them as interest (1)

she could also claim interest on the charges (2) as well

 

hmmmmm

 

I'm not explaining this well at all am I

 

anyone ?

 

Dave

[davefirewalker]

yes

 

youv'e got

 

by jove she's got it

 

 

Dave

[davefirewalker]

YES they are your personal cash cow go get them

 

get all the interest back (and then charge them interest for the priveledge of having YOUR money)

 

in reclaiming the charges all you are claiming back is the charges.

 

you can if you wish add interest to this

 

what standing is trying to achieve is the repayment of the Interest THEY have charged each month.

 

She is considering each amount of interest as a loan to them, and can charge her own interest on that if she wishes

 

ow....my head hurts

 

Dave

[davefirewalker]

you go for it

[davefirewalker]

Most of this is new terrirtory......we're making it up as we go along

 

but they are using contract law to process data and to charge interest.

 

If the contract cant be proved then all terms are void.

 

(I would think)

 

Dave

[davefirewalker]

Theyve only just refunded £3000 to my account.

 

I sent a pre lim for £2500 other day for PPI taken without my authority.

 

And you want me to send a letter for £4000 more :o :o

 

In for a penny in for a pound i spose

 

They surely arent gonna pay all that to me tho are they

 

 

jeeeez they are becoming a cash cow arent they

 

 

WHY NOT

 

do they have a contract that will allow them to charge interest?

 

if so where is it ?

 

think about it

 

If you really wanted to (but it would be a brave choice) you could ask them for every penny youve ever paid them EVER !!

 

no contract.... any money they have taken would be unlawfull.....

any money given to you would be frozen by virtue of an unenforceable or void contact

 

but as I said that would be a BRAVE choice

 

Dave

 

Dave

[davefirewalker]

Sorry standing we seem to have hijacked your thread.....

 

It can happen really easily

 

Sorry

 

Dave

[davefirewalker]

read my last post on wednesdays thread

[davefirewalker]

Hi kids......

 

talking about hols has got me excited.......didnt realise its only 3 weeks away.....yeeehaaaa

 

btw the poc looks ok...maybe fine tune the last bit though

 

rgds

 

Dave