Credit Cards that have moved to other companies

johnanderson_2

Hi All

I am in the process of sorting my credit card debts, A couple of cards were originally took out with the alliance and Leicester & Abbey but now they are both with MBNA.

They just automatically swapped over to Mbna, it was not a balance transfer by me. The statements just changed over to mbna.

Now they are with he Mbna they seem to hammer me on the interest.... Is there anything I should look out for that I should not be getting charged for or any rights I should have as they were orignally started with another bank?

I just wanted to check before I look at maybe getting a loan to pay them off.

Thanks for your help.

PARIS_5000

johnanderson wrote: »

Hi All

I am in the process of sorting my credit card debts, A couple of cards were originally took out with the alliance and Leicester & Abbey but now they are both with MBNA.

They just automatically swapped over to Mbna, it was not a balance transfer by me. The statements just changed over to mbna.

Now they are with he Mbna they seem to hammer me on the interest.... Is there anything I should look out for that I should not be getting charged for or any rights I should have as they were orignally started with another bank?

I just wanted to check before I look at maybe getting a loan to pay them off.

Thanks for your help.

When the cards were swap over to MBNA did they send you a new consumer credit agreement along with new terms and conditions ?

If the cards were taken out before April 2007 ask for your orignal consumer credit agreements from Alliance and Leicester and Abbey.

johnanderson_2

Hi Paris

Thanks for your help.

I may of recived a new "consumer credit agreement along with new terms and conditions" but I am not too sure and I dont think I would of kept it. I am 100% sure I have not signed a new agreement but I dont think they would of asked?

I guess I can ask A&L Abbey for the original agreements I will write to them, I guess I send it to them rather than mbna? Once I have done this what would I be looking for...

Thanks

PARIS_5000

have a look at this link https://forums.moneysavingexpert.com/discussion/2532927

If the Credit cards were taken out before April 2007 the debt will be legally unforceable without the orignal consumer credit agreement. if you request the credit agreement and they do not supply it within 12 days then you can stop paying them.

However they will register a default on your credit file for six years and may still pursue you for the debt but it is highly unlikely that they will take you to court without a credit agreement.

MBNA took over A and L credit cards in 2002 and just carried on the exisiting agreement however the orignal agreement would have still been with Alliance and Leicester not MBNA unless you signed a new one with MBNA.

katu

I had cards that were with Alliance & Leicester and Royal Bank of Scotland which were taken over by MBNA a number of years ago.

MBNA slapped on more interest and the payments have always been higher, I did contact the Financial Ombusman about it but they said that there was nothing they could do about them even though they had received a number of complaints about MBNA and told me that it was because although they were a UK trading company they were actually an off-shore company and so they can do what they like!

johnanderson_2

Thanks for all this help I am looking into it further and will post any info I find.

johnanderson_2

Hi Paris

I wondered do you think this would be the same for the card that was originally abbey also?

Also which document from the link you sent do I need to send to ask for my credit agreement? A lot on them in the link say do not use out of date....

Thanks

PARIS_5000 wrote: »

MBNA took over A and L credit cards in 2002 and just carried on the exisiting agreement however the orignal agreement would have still been with Alliance and Leicester not MBNA unless you signed a new one with MBNA.

PARIS_5000

johnanderson wrote: »

Hi Paris

I wondered do you think this would be the same for the card that was originally abbey also?

Also which document from the link you sent do I need to send to ask for my credit agreement? A lot on them in the link say do not use out of date....

Thanks

The first CCA request is okay for you to start with because its just a formal request for a copy of the orignal CCA.

I would make sure that you enclosed the one pound fee and do not sign your name just print it instead. I would send it recorded deilvery so that you have proof.

Its some of the follow up letters that are out of date because of the various court cases. The following link is where you will find the updated letters http://forums.all-about-debt.co.uk/index.php
Click on the unenforceability page.

I would send the CCA request to Abbey/Santander if that who you orignally took the card out with but I think that the Abbey card may have been always been run with MBNA so you need to check if the agreement was with Abbey or MBNA.

A and L credit card was only taken over by MBNA in 2002 so it okay to send the CCA request to A and L if your card was orignally taken out with A and L before 2002.

johnanderson_2

Thanks Paris you read my mind I found the link and in date letter template and was just wondering should I send it to A&L & Abbey or MBNA. I will post a recorded letter to request my CCA from Abby and A&L today and update on here soon as I get a response.

PARIS_5000

johnanderson wrote: »

Thanks Paris you read my mind I found the link and in date letter template and was just wondering should I send it to A&L & Abbey or MBNA. I will post a recorded letter to request my CCA from Abby and A&L today and update on here soon as I get a response.

I agree just post the CCA requests to Abbey and A and L to start with.

Good luck

johnanderson_2

I am about to send both of the two below letters via recorded delivery, one thing I am not 100% sure about is where to address the Abbey letter to as they now are Santander so sending to this address do you think this is correct?

SANTANDER
201 GRAFTON GATE EAST
MILTON KEYNES
BUCKINGHAMSHIRE
MK9 1AN


Should I write the £1 cheque to Santander? The only other address I can find one some old Abbey statements is "Abbey Credit Card, PO Box 1048, Chester CH4 9ZZ"

My Address

Alliance & Leicester plc
Customer service centre
Carlton Park
Narborough
Leicester
LE19 0AL

Wednesday, 06 October 2010

Dear Sirs,

Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully

Signed digitally

My Address

SANTANDER
201 GRAFTON GATE EAST
MILTON KEYNES
BUCKINGHAMSHIRE
MK9 1AN


Wednesday, 06 October 2010
Dear Sirs,

Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully

Signed digitally