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CCA Not Received for 11 months...! Please Help..!

Hi All,

I sent a letter to MBNA requesting the CCA of my CC. I never received anything in the last 11 months. I did not sign any agreement with MBNA as this CC was sold to MBNA by BOS. I am thinking of sending the second letter now (although I should have sent it after 12+2 days).

Can I still send the second letter or this route is outdated now?

Thanks
«1345

Comments

  • You can still request a copy if you want. But the fact you didn't sign an MBNA agreement is irrelevant, Your agreement to the BOS one was transferred to MBNA.
  • raga
    raga Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks zx81.

    If BOS does not have the CCA for some reasons, ie, lost etc, can I still go via the unenforceable CCA route? I see people are now talking about SAR etc, which I have no clue.

    Appreciate if you can shed some light.
  • OK. This is what would have happened -

    You'll have signed (I assume) an agreement with BOS.
    BOS sold your account to MBNA
    MBNA will have sent you a new CCA (plus a note of anything that they were changing to the terms and conditions)
    You were not required to sign the new CCA - your previous agreement carried over.

    So - whether you want to see your current agreement, or get a copy of the one you signed, you need to deal with MBNA, as everything was transferred to you. HBOS will only forward you on to MBNA.
  • It is highly unlikely that MBNA have your CCA if they have not sent it after 11 months so send a final letter of complaint to MBNA asking them to provide your CCA or close the account. If this does not work then refer the matter to the FOS.

    Good luck
  • raga
    raga Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi all,

    I have(had) two CCs with MBNA. They have sent one but not for the second card. I presume they do not have it if they can't find it for 11 months.

    I am thinking of applying for a mortgage, not sure if this will have huge affect on the credit rating? Can I update my credit file with some statement?

    thanks..
  • stephane_2
    stephane_2 Posts: 3,076 Forumite
    What do you think? You're trying not to pay what you've spent on your credit card....of course that will trash your credit file for the next 6 years
  • raga
    raga Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Stephane,

    MBNA offered 5.6% for the life of the balance and I had been paying promptly by direct debit. I transferred all my other cards to both MBNAs. Within few months the interest rate went up to 29.9%. This is when I had difficulties paying them. I called them and offerred that will continue to make payments if they go back to the rate they initially agreed. Their answer was, "we can change the rate whenever they like". And I stopped paying.

    Now if you think you if you would just nod your head and pay whatever the lenders ask you to do, then you shouldn't be in this forum. I needed advice to take on MBNA; not an advice what is right and wrong. In my case I am sure you would agree that MBNA is wrong.
    Thanks.
  • king100
    king100 Posts: 1,565 Forumite
    Head over to CAG and their debt collection agency forum.

    Alot less judgemental than some trolls in here with the you got the credit card and ran up debts so you must pay.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • stephane_2
    stephane_2 Posts: 3,076 Forumite
    If you had a low rate for the life of the balance and the rate was not variable then mbna is probably in the wrong and should be quite easy for you to prove it but I stand by what I said that you are WRONG not to pay for it, mbna is completely in it's right to report it on all CRA as you have broken the T&C of the agreement even if you don't agree with them and it will trash your file for the next 6 years making it impossible to get further credit.....if you don't like what you hear then sorry but that is how it is
  • stephane_2
    stephane_2 Posts: 3,076 Forumite
    king100 wrote: »
    Head over to CAG and their debt collection agency forum.

    Alot less judgemental than some trolls in here with the you got the credit card and ran up debts so you must pay.

    Troll.......
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