unenforceable credit card agreememnts

never-in-doubt

soupedup wrote: »

Never in doubt dismisses things as NONSENSE from what evidence do they have to make that?

Probably cos i'd like to think I know a thing or two about unenforceability, well evidently more than you

Try reading this then ask me again: Unenforceability & Template Letters II

soupedup wrote: »

Are they working fro MBNA?

Do you realise who you're actually talking to here? I must be the number one bank hater on here and you'd have more chance of me signing on the dole than ever siding with a bank! I hate them - all. Period. Anyone that knows me knows this - muppet! Think before you type, there's a good boy

soupedup wrote: »

My experience is:

........... extremely limited and personally biased. :rotfl:

soupedup wrote: »

1. MBNA did not respond to my request for copy of CCA despite repeated polite request and allso continued maintainence of payments

First mistake - you should cease repayments when they go into default, which is 12+2 days after the date you sent it.

soupedup wrote: »

2. After this request started a period of harrassment with menacing 0800 to 9 at night incuding passing on information to ther relatives about my MBNA 'problem'.

Just send them a harassment letter - simples

soupedup wrote: »

3. Solicitor attempted on 3 occasions over 4 months to get agreement without response - it was only when they issued a court order that MBNA immediately phoned and said they ould get it to them within 24 hours.

Proved it all. Dump the solicitors now - they should never attempt to take a creditor to court - it is the worse thing they can do! Trust me, no joke - do not go to court with a lender right now cos judges are a mess and most probably will make the wrong judgement....

soupedup wrote: »

4. The copy a recieved has changes made to it incuding what look like cut and paste.

s.78 allows for a reconstituted copy to be sent, if you suspect they have fabricated the agreement then you simply cease repayments and leave the account defaulted by MBNA - until they prove the debt is enforceable they can take no court action.

soupedup wrote: »

Perhaps Never-in-Doubt may be able to let us know wahy MBNA conduct themsleves in this way?

Most probably because they don't have the original agreement and had you dealt with things properly instead of being a smart arsey then you'd have this sorted already!

If you want help then ask, if you want to try and get clever with me good luck - i'll take my chances at you knowing more about this than me ;);)

As I say, try reading here before replying to this post lol: Unenforceability & Template Letters II

never-in-doubt

chattychappy wrote: »

What was the court order?

.............made up in his mind, we both know there was not one (if so, i'd love to hear it as well) :rotfl::rotfl:

tobymush29

hi guys the thread seems to have slightly gone off topic,so heres an update,today ive replied back to MBNA stating that i have asked for a true copy of my credit agreement on several occasions which they have failed to do,so its infact MBNA that is in default & not myself & as they have failed to do as ive asked,im no longer required to pay said debt whislt the debt is in dispute,ive also informed MBNA that if they continue to contact me in any way other than via written communication i wont hesitale to contact the OFT & report them for harassment.Any infor or updates i get i will post on here

never-in-doubt

tobymush29 wrote: »

hi guys the thread seems to have slightly gone off topic,so heres an update,today ive replied back to MBNA stating that i have asked for a true copy of my credit agreement on several occasions which they have failed to do,so its infact MBNA that is in default & not myself & as they have failed to do as ive asked,im no longer required to pay said debt whislt the debt is in dispute,ive also informed MBNA that if they continue to contact me in any way other than via written communication i wont hesitale to contact the OFT & report them for harassment.Any infor or updates i get i will post on here

Are you using the templates from here: Unenforceability & Template Letters II

If not, you should be

tobymush29

yes i have down loaded all the templates from the link i was given earlier thanks,

soul619

this is on the bbc site in regards to unenforceable debt

http://news.bbc.co.uk/1/hi/business/8507054.stm

ILW

tobymush29 wrote: »

hi guys the thread seems to have slightly gone off topic,so heres an update,today ive replied back to MBNA stating that i have asked for a true copy of my credit agreement on several occasions which they have failed to do,so its infact MBNA that is in default & not myself & as they have failed to do as ive asked,im no longer required to pay said debt whislt the debt is in dispute,ive also informed MBNA that if they continue to contact me in any way other than via written communication i wont hesitale to contact the OFT & report them for harassment.Any infor or updates i get i will post on here

Hope you are not going to be requiring any new credit in the next few years.

welshmoneylover

Are you in debt with them, if so by how much? And why haven't u paid minimum payments?

tobymush29

slight update i wrote back to MBNA as stated earlier,they cant of had time to reply as i only sent it a few days ago,but ive now had a snotty letter stating that MBNA are going to write the debt off as a bad debt,meaning they will either sell it to a third party or aply for a ccj,as MBNA have failed to meet section 78 of the consumer credit act & putting the agreement into default they cant sell the debt on or pursue me in court?? advice please

never-in-doubt

tobymush29 wrote: »

slight update i wrote back to MBNA as stated earlier,they cant of had time to reply as i only sent it a few days ago,but ive now had a snotty letter stating that MBNA are going to write the debt off as a bad debt,meaning they will either sell it to a third party or aply for a ccj,as MBNA have failed to meet section 78 of the consumer credit act & putting the agreement into default they cant sell the debt on or pursue me in court?? advice please

Oh they can, sorry they shouldn't be allowed to do this but they do! They all do it....

Have you sent the CCA Reminder yet? To chase the CCA Request? If not, send it!