CAA request updates / results part 2

MS_Dolphin

Hi all,

I've been discussing challenging CCA's with a friend who's considering doing this but wants to keep paying the minimum payment every month.

He's asked what will happen if he has a good case for unenforceability but keeps paying?

I don't know the answer as I've stopped paying mine, but I'd 'guess' that if he keeps paying, they'll ignore him and nothing will happen as he's not forcing the issue.

Can anyone give me a more definitive answer as there must be those out there who are challenging but don't want the impact on credit ratings etc whilst waiting for a resolution.

Thanks in advance,

MS D

never-in-doubt

MS_Dolphin wrote: »

Hi all,

I've been discussing challenging CCA's with a friend who's considering doing this but wants to keep paying the minimum payment every month.

He's asked what will happen if he has a good case for unenforceability but keeps paying?

I don't know the answer as I've stopped paying mine, but I'd 'guess' that if he keeps paying, they'll ignore him and nothing will happen as he's not forcing the issue.

Can anyone give me a more definitive answer as there must be those out there who are challenging but don't want the impact on credit ratings etc whilst waiting for a resolution.

Thanks in advance,

MS D

You got it in one! They will not comply cos they know he's paying them, i.e. where is the incentive if he won't put up a fight?

I'd just tell him not to bother and just to carry on paying if that's what he want's to do - don't even bother sending the CCA request - it'd be pointless.......

never-in-doubt

badgerbread wrote: »

They sent me the current terms and conditions as well as cca act 1974 with a covering piece of paper that has Morgan stanley name on it there is no signature anywhere on either of these. We have recieved phonecalls as well telling us this is all they need to provide Sent letter account in dispute hope I am doing this right just looking for reassurance that this is correct thanks

Yes, that's fine. They are using bully-boy tactics - just ignore them until they respond to your lawful request.

rog2

MS_Dolphin wrote: »

He's asked what will happen if he has a good case for unenforceability but keeps paying?

I don't know the answer as I've stopped paying mine, but I'd 'guess' that if he keeps paying, they'll ignore him and nothing will happen as he's not forcing the issue.

Legally speaking they can not ignore his request. Providing he has paid the Statutory £1 Fee, then once the 12 working days have expired, they will be in default and, whilst they remain in default, they will be unable to enforce the agreement through the Courts.

This does not, of course, mean that the debt will be written off, or classed as non existent, merely that the agreement is 'unenforceable'. The fact that he has continued to make agreed payments will have absolutely no bearing whatsoever on the 'legal status' of the debt.

It does, however, put him in a much stronger position, in that he will have the power to decide how he 'deals' with the debt, rather than the creditor/dca. That could be by making payments that he can afford, rather than being 'bullied' into making unreasonably high payments, to the detriment of his other commitments. He might also decide to use his new position of strength to make a 'Full and Final Settlement' offer. Or he could decide to stop paying them altogether - there would be very little they could do, other than to 'produce' a compliant copy of the original executed credit agreement as the Law requires.

chinawhite_2

Hi
I am finally going to send the second CCA letter to MBNA who more than 3 months later have not sent me anything ( been delayed because I have been managing to pay all my payments so far but this month they have added interest of £215 and my minimum payment has gone up to £209 !!!!! this has pushed me over the edge and I cant pay) -
original request was sent in august, do i still just send the second letter even though its been a few months or do I have to go through the whole £1 postal order thing again and should I cancel my direct debit with them which is due out on the 8th December ??
If I do this should i send them a token payment of £1 a month until they can produce CCA

thanks in advance

rog2

chinawhite wrote: »

Hi
I am finally going to send the second CCA letter to MBNA who more than 3 months later have not sent me anything ( been delayed because I have been managing to pay all my payments so far but this month they have added interest of £215 and my minimum payment has gone up to £209 !!!!! this has pushed me over the edge and I cant pay) -
original request was sent in august, do i still just send the second letter even though its been a few months or do I have to go through the whole £1 postal order thing again and should I cancel my direct debit with them which is due out on the 8th December ??
If I do this should i send them a token payment of £1 a month until they can produce CCA

thanks in advance

I would certainly cancel the direct debit mandate before it is due to be paid.
This is totally unreasonable behaviour, by MBNA, in that they appear to have completely ignored your original CCA request. They are, therefore, in default of their legal obligations under the Consumer Credit Act, 1974, and will remain 'in default' until, if they can, they provide you with the compliant copy of the original consumer credit agreement, to which you are legally entitled.
Unfortunately, MBNA are well known for their total disregard to UK Consumer Finance Law, and would appear to be using their 'might' to bulldoze you into making payments, irrespective of their legal situation.
You can make 'token payments' of £1, although whilst they are in default you have no obligation to make any payments. If they decide to take you to Court, you have a full defence in that you have requested your cca, which they have not provided within the legally prescribed timeframe. The Court would, on hearin your defence, have the power to declare this debt 'legally unenforceable', so I doubt that MBNA will issue a 'claim' against you.
If, as they are more likely to do, they pass this debt on to a dca (they tend to favour the lower echelons of the Debt Collection Industry such as MacKenzie Hall) then you should simply send that dca the FORMAL NOTICE - ACCOUNT IN DISPUTE letter that you will find on post 5 of the following thread:
http://forums.moneysavingexpert.com/showthread.html?t=963087

chinawhite_2

Hi
thanks for your quick reply, Im not sure why they have put the interest rate up and wondered if it was because I requested a CCA ? anyway whatever the reason its just too much to even try and keep paying now !!!

I will cancel the DD but do I send MBNA the second letter (not sure if this is the 12 +2 letter) advising them that account is now in dispute as they have not complied with my request ?

thanks again

rog2

chinawhite wrote: »

I will cancel the DD but do I send MBNA the second letter (not sure if this is the 12 +2 letter) advising them that account is now in dispute as they have not complied with my request ?

If you have not already done so, then, yes you should send them the 12+2 day letter - make sure that you enter the correct date of your original cca request.

chinawhite_2

Thanks so much rog2 - will stop DD and send letter and brace myself !!!! -

blueforyou

rog2 wrote: »

I would certainly cancel the direct debit mandate before it is due to be paid.
This is totally unreasonable behaviour, by MBNA, in that they appear to have completely ignored your original CCA request. They are, therefore, in default of their legal obligations under the Consumer Credit Act, 1974, and will remain 'in default' until, if they can, they provide you with the compliant copy of the original consumer credit agreement, to which you are legally entitled.
Unfortunately, MBNA are well known for their total disregard to UK Consumer Finance Law, and would appear to be using their 'might' to bulldoze you into making payments, irrespective of their legal situation.
You can make 'token payments' of £1, although whilst they are in default you have no obligation to make any payments. If they decide to take you to Court, you have a full defence in that you have requested your cca, which they have not provided within the legally prescribed timeframe. The Court would, on hearin your defence, have the power to declare this debt 'legally unenforceable', so I doubt that MBNA will issue a 'claim' against you.
If, as they are more likely to do, they pass this debt on to a dca (they tend to favour the lower echelons of the Debt Collection Industry such as MacKenzie Hall) then you should simply send that dca the FORMAL NOTICE - ACCOUNT IN DISPUTE letter that you will find on post 5 of the following thread:
http://forums.moneysavingexpert.com/showthread.html?t=963087

MBNA ARE the worst. There ignorance and lies about not recieving mail is legendary. Please send all by recorded (I'm sure you already do) and fight them.

They must read these sites (after all, thats where they get there legal knowledge from!), so if you work for MBNA and are reading this, you are supporting a despicable and shabby bunch. Whats your excuse?