MBNA No CCA, Gimme my interest :)

[wednesday1867]

Any of the legal whizz'es care to take a look at another agreement battle im having with HSBC, thread is http://www.consumeractiongroup.co.uk/forum/general-debt/101738-hsbc-managed-loan-cca-2.html#post997160

 

Thanks everyone, feel free to chat amongst yourselves too its nice to have a fun thread on a serious subject well ya know what i mean

[standingupformyself]

Haven't ya seen Emmerdale Standing, tis gorgeous up here

 

 

Is Howards Way too long ago for you?

[wednesday1867]

Is Howards Way too long ago for you?

 

I remember it, never watched it tho, back then i was more a Rent a Ghost man maybe with the odd Jossy's Giants thrown in On a side note Open all Hours was filmed about 9 miles from me, his shop is an Hairdressers

 

 

Back on topic.

 

I posted my Pre Lim for my PPI first class on Monday from Grantham, posted my letter for this from Middlewich, well some little village near there on the 10th and they both arrived there yesterday.

 

So MBNA im eagerly awaiting your reply to both

[lemma1968]

Is Howards Way too long ago for you?

 

Oh yes, Jan Howard could teach us all a thing of two with her "cashflow forecasts".

[wednesday1867]

I miscalculated the interest only added up the "Retail Interest" forgot to add the " Cash Advance Interest", makes it nearly £300 more.

Looks like ill have to send another letter with the new total

[wednesday1867]

Thinking of sending this

 

I wrote to you on the 10th July 2007, regarding the lack of agreement and the enforceability of above numbered account.

 

I feel I must tell you I incorrectly calculated the amount of interest you have wrongly added to my account. In my previous letter I stated I required a cheque for £XXXX.XX. As I said I made a small mistake in calculating the interest. I have now calculated the true amount to be £X,XXX.XX, which is made up of £X,XXX.XX in wrongly charged interest and interest at the statutory rate of 8% which is £XXX.XX, giving the total of £X,XXX.XX.

 

I will still accept a cheque for £X,XXX.XX as settlement, but if my account is not closed and I do not receive a cheque for £X,XXX.XX I will then be reclaiming the new total of £X,XXX.XX in Court.

 

As I said in my last letter, if a satisfactory response is not received by 26th July 2007, I will start Court proceedings to get the agreement declared void by a Judge and ask for ALL monies paid to be returned which including interest is over £10,000.

 

I will also be asking the Judge to impose the maximum fine available as you have committed a criminal offence in not supplying me with a true executed copy of my agreement with the timeframe set out in the Consumer Credit Act 1974 and bring into question your responsibility to hold a credit licence.

 

What do reckon, is it worth sending it, or am i rocking the boat for the sake of £300? Too many threats re the fine and credit licence?

[hermanthegerman]

go for it:D

[wednesday1867]

Thanks Herman, but i was hoping for something a little more constructive

[davefirewalker]

Thanks Herman, but i was hoping for something a little more constructive

 

I wrote to you on the 10th July 2007, regarding the lack of agreement and the enforceability of above numbered account.

 

I feel I must tell you I incorrectly calculated the amount of interest you have wrongly added to my account. In my previous letter I stated I required a cheque for £XXXX.XX. As I said I made a small mistake in calculating the interest. I have now calculated the true amount to be £X,XXX.XX, which is made up of £X,XXX.XX in wrongly charged interest and interest at the statutory rate of 8% which is £XXX.XX, giving the total of £X,XXX.XX.

 

I will still accept a cheque for £X,XXX.XX as settlement, but if my account is not closed and I do not receive a cheque for £X,XXX.XX I will then be reclaiming the new total of £X,XXX.XX in Court.

 

As I said in my last letter, if a satisfactory response is not received by 26th July 2007, I will start Court proceedings to get the agreement declared void by a Judge and ask for ALL monies paid to be returned which including interest is over £10,000.

 

I will also be asking the Judge to impose the maximum fine available as you have committed a criminal offence in not supplying me with a true executed copy of my agreement with the timeframe set out in the Consumer Credit Act 1974 and bring into question your responsibility to hold a credit licence.

 

 

 

Gosh... you seem to be all over the place there

 

Keep it simple and to the point.

 

Dear sirs

 

Regarding my letter of the ddmmyyy, I miscalculated the amount of money owing, the new total being £nnnn.

 

I am also claiming statutory interest @ 8% to compensate me for the lack of use of those funds while you have had them.

 

This new total is £nnnn.nn + (interest @ 8% £nnn.nn) = £nnnn.nn

 

I expect a favourable response from yourselves and payment for this new total, by the ddmmyyy.

 

If this is not forthcoming or you are not willing to enter into discussions I will have no alternative but to issue proceedings at the end of the deadline.

 

Yours sincerely

 

etc

 

or something like that....

 

Dave

[wednesday1867]

Cheers Dave

 

Wonder why Rory doesnt think ive got a chance

[davefirewalker]

Cheers Dave

 

Wonder why Rory doesnt think ive got a chance

 

I don't know...would've been nice if he followed it up with an explanation!

 

Being negative is easy

 

Dave

[wednesday1867]

Being negative is easy

 

Dave

 

 

I dont think it is

 

Does that even work?? Ere dear

[standingupformyself]

Have you any thoughts on how to word your prelim letter? I desperatly want to put some legalties in mine, so am after help guys?

[wednesday1867]

Pre Lim for what?

[standingupformyself]

sorry Wednesday, have had an odd day...... how have you worded the LBA?

[wednesday1867]

sorry Wednesday, have had an odd day...... how have you worded the LBA?

 

Hope the odd day wasnt a bad day

 

Ive put my letter on your thread

[davefirewalker]

Hi guys.....

 

I know it hasnt got that far yet but Ive just been working on something that may help you in future, I may be using it very soon

 

discuss or edit it to your hearts content

 

PARTICULARS OF CLAIM

 

1 On (dd/mm/yyyy) the claimant requested a true copy of the original executed credit agreement from the defendant under section 78 of the Consumer Credit Act 1974 (as amended). The defendant has consistently failed to supply an agreement which is enforceable under sections 60 as it contains no prescribed or required terms. The defendant had also failed to provide a copy of the original terms and conditions which were applicable at the time and a full statement of account.

 

2 The Claimant contends that:

 

(a) The Defendant has failed to comply with a request made under s.78 (1) of the Consumer Credit Act 1974 (as amended) since dd/yyyy to provide a true copy of the executed agreement which has all the prescribed and required terms.

 

(b) The Defendant has failed to supply any agreement that complies with S.61 of the Act in that the Creditor never signed the agreement.

 

© The Defendant has failed to produce any agreement that complies with The Consumer Credit (Agreements) Act 1983 (as amended)

 

(d) Under s.78 (6) of the Consumer Credit Act 1974, if the Defendant cannot supply this information within the prescribed time they may not enforce the agreement and if the default continues for one month further, they commit an offence.

 

(e) The Defendant has continued, while in default to add interest and demand payment.

 

(f) Despite several warnings that continuing to process data and passing this data on to third parties would be in contravention of the data protection act and would be illegal, the Defendant has continued regardless.

 

(g) The defendant is still enforcing the agreement and passing data onto credit reference agencies.

 

3 the Claimant claims:

 

(a) As no proof of contract, and no proof of any contractual terms actually exists between the parties, that the agreement must be declared void.

 

(b) If the agreement is not declared void then In accordance with the Act section 142(1)(b) the Claimant requests that the court declares the credit agreement unenforceable under section 65(1) by virtue of section 127(3).

 

© As no proof of contractual terms exists that allowed the creditor to charge interest then the Claimant asks for the return of all interest paid to the account.

 

(d) The removal of the account data and any defaults or negative markers registered with all Credit Reference Agencies;

 

(e) Court costs;

 

(f) Damages at the discretion of the court to compensate for distress and extra costs incurred by claimant.

 

(g) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

 

 

rgds

 

Dave

 

ps Plagiarised (a little) credit mostly to Un1boy

 

Ive adapted it to my personal circumstances but it should fit the bill

[SteveH2508]

Hi guys.....

 

I know it hasnt got that far yet but Ive just been working on something that may help you in future, I may be using it very soon

 

discuss or edit it to your hearts content

 

PARTICULARS OF CLAIM

 

1 On (dd/mm/yyyy) the claimant requested a true copy of the original executed credit agreement from the defendant under section 78 of the Consumer Credit Act 1974 (as amended). The defendant has consistently failed to supply an agreement which is enforceable under sections 60 as it contains no prescribed or required terms. The defendant had also failed to provide a copy of the original terms and conditions which were applicable at the time and a full statement of account.

 

2 The Claimant contends that:

 

(a) The Defendant has failed to comply with a request made under s.78 (1) of the Consumer Credit Act 1974 (as amended) since dd/yyyy to provide a true copy of the executed agreement which has all the prescribed and required terms.

 

(b) The Defendant has failed to supply any agreement that complies with S.61 of the Act in that the Creditor never signed the agreement.

 

© The Defendant has failed to produce any agreement that complies with The Consumer Credit (Agreements) Regulations 1983 (as amended)

 

(d) Under s.78 (6) of the Consumer Credit Act 1974, if the Defendant cannot supply this information within the prescribed time they may not enforce the agreement and if the default continues for one month further, they commit an offence.

 

(e) The Defendant has continued, while in default to add interest and demand payment.

 

(f) Despite several warnings that continuing to process data and passing this data on to third parties would be in contravention of the Data Protection Act and would be illegal, the Defendant has continued regardless.

 

(g) The defendant is still enforcing the agreement and passing data onto credit reference agencies.

 

3 the Claimant claims:

 

(a) As no proof of contract, and no proof of any contractual terms actually exists between the parties, that the agreement must be declared void.

 

(b) If the agreement is not declared void then In accordance with the Act section 142(1)(b) the Claimant requests that the court declares the credit agreement unenforceable under section 65(1) by virtue of section 127(3).

 

© As no proof of contractual terms exists that allowed the creditor to charge interest then the Claimant asks for the return of all interest paid to the account.

 

(d) The removal of the account data and any defaults or negative markers registered with all Credit Reference Agencies;

 

(e) Court costs;

 

(f) Damages at the discretion of the court to compensate for distress and extra costs incurred by claimant.

 

(g) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

 

 

rgds

 

Dave

 

ps Plagiarised (a little) credit mostly to Un1boy

 

Ive adapted it to my personal circumstances but it should fit the bill

 

A couple of quick corrections in red. Looks basically OK though.

[wednesday1867]

Thanks fellas, was gonna start looking round for this in the next few days.

 

MBNA youve only got a week left

[wednesday1867]

I am right in thinking "Wilson" won this kind of claim so wouldn't it be an idea to quote things from that case? Or is that a bad idea?

[standingupformyself]

Yes, thank you................ Brilliant..

 

Wednesday? Odd Day? Oh yes, bad day? It got worse! But the sun is shining this morning, and I am an eternal (and often annoying) optimist

[redsue]

hi guys -

DFW are you claiming interest and late payment fees from when they were specifically in default of the S78 or just going for the interest as a whole?

It appears from reading various threads that we need to spell out exactly to a judge parts of the Act that we are refering to. As it seems that some ill informed judges and TS are thinking that the CCA2007 is retrospective.

What do you think would be they best format to present all the relevant information to a judge?

A list of sections of the Act as an appendix?

Sorry if I'm appear a bit dizzy :o - I'm really just thinking aloud.

[wednesday1867]

Standing the Sun is always shining in Yorkshire

 

Came home to a letter from MBNA, my mind started to race of ideas what is inside, is it an offer for the interest, is it an offer for the PPI, was it the keys to Chester, did someone send me Harry Potters new book by mistake.........................

 

 

Nope none of the above, it was infact a list of transacation as per my Data Protection Act, signed by Ms Claridge, dated 17 July They settled charges weeks ago, sar was months ago

 

Ah well ney mind, wait goes on

[standingupformyself]

Oh Wednesday I got excited then...... My email link only said the first bit and it took ages for your thread to open!

Not that I am anxious to get my hands on Harry Potter or anything

[wednesday1867]

At this point im trying to think of Potterisms, but i can only think of Quidditch and i cant really throw that into a reply regarding MBNA

 

Why dont MBNA, just own up and send me some cash and HSBC, cos im same with them now

 

LBA for the PPI goes on Monday

 

Edit

 

MBNA must be in all of a muggle