Preparing for court advice

dancingfairy

How on earth can they take you to court for a debt they don't own anymore? that sounds strange. Can you prove they have sold the debt on? have you (or CCCS) got any paperwork to this effect?
df

Andy_one_day

The debt was in fact a credit card, i know, a large sum. But the more you owe the more they give you. Like a fool at the time you i closed my eyes to it and did not think it is not a problem.

I have a mortgage currently.

I would rather know now what the potential outcomes could be, i not a great one for surprises.

i will check out the information reagards the CCa and get a letter away. I have never looked to dodge what i owe, had i have done, i would have taken a different route to the repayment plan. But if it is the only way of fighting back i do not see i have much choice but to explore this avenue.

Thanks to everyone for their advice. I was not expecting such a level of response

RAS

Doing a CCA does not necessarily mean dodging your debt, it just means that you that you can choose how much to pay and stymie legal action.

Andy_one_day

The CCCS tell me that Optima have been in contact with them today following my call with them and they informed the CCCS the same, that court papers will be issued if settlement is not made or the plan increased way above what i was already paying to MBNA. The letter is very misleading in that it claims to be acting as legal representation for MBNA but the CCCS were in no doubts that this company now owned the debt and it no longer had anything to do with MBNA.

So truth is i believe they have purchased the debt from what the CCCS have told me from the information they have recieved, but unlike 2 other debts which were sold on i have had nothing from any company to say they have purchased or sold it? so i acnnot be sure either way currently, but from past experiences with the CCCS, they have always know about the movement of the debts before i did.

RAS

Hi

That may or may not matter but right now you need to get the CCA letter in the post, not using your normal signature, registered post, with the £1 postal order, to Optima.

And you need to start searching for the default letter immediately after. If you cannot find it , you can do a SAR but that take time.

Andy_one_day

I will have it done this evening. I will get copies of to both MBNA an Optima just hedge my bets
Many thanks

Andy_one_day

Following on from everyones advice here, i requested the CCA on the account, using the template letter here on the site.

Today i have recieved letter from Optima with a attachment of what it states as being my most recent? terms and conditions. These are not dated in any way and there is no signiture of mine on it. For all i know these could have been printed last week.

Having looked at the template letter again, it makes no request of them to supply the original signed aggreement, only a copy of a agreement. So if this is the case, what should be my nest step? what should i look for in this agreement.

Or should they be supplying me with a signed copy of the piece of paper i put my signature on?? without this i cannot see the benfit in requesting it as surely they can just send you what they want.

Thanks for any help.

Andy_one_day

Hello to you all

Today i have recieved a copy of the executed CCA agreement from MBNA i signed back in April of 1998. I was surprised and did not expect to see it, I must admit. Attached to it was a copy of my up to date terms and conditions.

Can anyone tell me what it is i need to be looking for on it. And i how i should reply to the letter. They say i have 7 days before they will continue with the court action. Should i send a SAR to see if they have something else on me which they are not telling me about.

Hope someone can help point me in the right direction.

Thank you all for taking the time to respond

Andy_one_day

Just wondered if someone could confirm what i have is a CCA and not a application form, both titles are used to describe the same piece of paper. And if they can combine the 2 into the same document. I have tried to upload a copy but the settings on the posting section will not allow me to add attachments. I guess as i have only been a member for a few weeks.

To follow on from last question, is this a CCA agreement?
After sitting here looking over it again, the title reads MBNA Gold Advantage Card, Priority Application Form, under this it reads. Credit Agreement Regulated by the consumer credit act 1974, How to apply.
There after it is the usual, where do you live, time at address, bank, etc, etc,

In the adjancent box above where i signed, part of the paragraph reads, I have recieved a copy of and agree to be bound by the MBNA Credit Card Terms and conditions, would i have recieved a copy of terms prior to my application approval? or is it a case of the application pack contained a copy of them at that time, and they do not have to supply the original terms and conditions? i thought the application/aggreement had to state the APR and repayment periods which this one does not, or do i have that wrong and it can be contained on another sheet of terms?

After all of this in the bottom right hand corner the box i have signed reads, This is credit Agreement regulated by the consumer credit act 1974, sign it only if you want to be bound by its terms.

The terms sent to me are my up to date terms and conditions, should i be requesting the terms and conditions as they would have been supplied to me at the time of application? using a SAE or do they not need to provide it.

Many thanks for any help.

Andy_one_day

Latest twist

In my surprise and haste to get some information in after the 1998 application/aggrement? coming through the post this morning. I failed to notice on the rear of the application was a set of Financial And Related Conditions it states interest rates etc as applied to cash transactions/ purchases that sort of thing. I take this to be my Prescribed Terms, although it is described under the above title and not as Prescribed Terms, from the information i have gathered, am i right in saying that the front page has to link/lead you to the rear of the page to see these, as otherwise people can just copy this on after (MBNA, no never i hear you shout). The reason i ask is that, in the box at the front, under the paragraph trying to sell me insurance and above where i have signed it reads I have recieved a copy of MBNA Credit Card Terms & Conditions, it does not state they are contained and are sent out on the back of the application form anywhere. If this information was on the back at the time, should you not be clearly directed to it? or at the very least, please see the reverse, or words to that affect.

We regards to my right to cancel the aggrement

Under YOUR RIGHT TO CANCEL it states,
Once you have signed this aggreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by the bank.

Is this acceptable i thought they had to clearly state it in the aggreement, i should not have to wait to hear how long i have? may be wrong on this one, just trying to make sure it is all as it should be.


Another item i am trying to clarify is that the title below the Header stating Priority Application Form, reads Credit Agreement Regulated by the consumer act 1974, should this read Credit Card Agreement regulated by the consumer act 1974, the missing out of the word Card seemed very important in some people minds on other forums. Does this make a difference.

Look forward to hearing what others think who have experance of 12 year old MBNA application/aggreements? are they worth the paper they are written on. I do not intend to try and avoid the debt i just do not like people threating me for no reason. Over the years they have had many times the money owed from me in interest and the moment i get into problems they want to drag me into the courts, unlike all the others who are happy for me to repay on a monthly basis.

Winds me up, love to meet one of these guys face to face, but then properly best i don't