MBNA refuse t&c info

emal_2

Hi
I had written to MBNA using the template on this site to request copt of the terms and conditions of my credit card in order to start PPI reclaim. I have received a strange (and slightly threatening) letter from them today saying they are unable to comply with my request and was wondering if anyone else had same problem? Or has any advice?

Thanks

The letter reads as follows,

We refer to your request under section 78 of the Consumer Credit Act 1974 ("the act"). Unfortunately, we are currently unable to comply with your request.

For so long as this continues, we will not issue court proceedings against you to recover any amount owed either now or in the future..........
We are also entitled to report your repayment patterns to the Credit RTeference Agencies, including, where appropriate, registering a default against your name. This has recently been confirmed in two High Court decisions; McGuffick v RBS and Carey v HSBC.

amersall

If you have reasons for mis sell then put a claim in to them,you need the cc number.
Ignore the letter.

tifo

send the PPI request with the account number.

at least the letter confirms that they don't (currently) have the agreement and can't enforce it at court.

dunstonh

Did you put in a request quoting S78?

If you did they are perceiving that you are going to go down the route of trying to claim that the credit they offer is unenforceable.

Something in your letter has made them think this. Possibly as you dont need the agreement to make a PPI complaint. You need to contact them to make them aware that you have no intention of going to court to attempt to get the debt made unenforceable (which is daft as you destroy your ability to get credit again) and that your complaint is about the sale of the PPI.

emal_2

Hi
Thanks for the replies.

I sent a request for the terms and conditions using the template on this site:

"I am writing to request a copy of the credit agreement for the above account under sections 77−79 of the Consumer Credit Act 1974. I enclose payment for £1. I would also like to request a copy of the terms and conditions that were applicable to the above account at the time I took out my agreement, as I no longer have a copy and would like to check some of the details."

I'll try to claim without the terms and conditions and see what happens.

Also, they took the payment for £1 I had sent for the terms and conditions!

Thanks again!

mandymoo72

Claim without the t&c. Submit the form to them and see what happens. I did two weeks ago and got an offer letter yesterday offering me 9k

dunstonh

emal wrote: »

Hi
Thanks for the replies.

I sent a request for the terms and conditions using the template on this site:

"I am writing to request a copy of the credit agreement for the above account under sections 77−79 of the Consumer Credit Act 1974. I enclose payment for £1. I would also like to request a copy of the terms and conditions that were applicable to the above account at the time I took out my agreement, as I no longer have a copy and would like to check some of the details."

I'll try to claim without the terms and conditions and see what happens.

Also, they took the payment for £1 I had sent for the terms and conditions!

Thanks again!

The instructions on this site have a few flaws. For example, you do not need a copy of the agreement to make a complaint. A lot of people who tried the unenforceable complaints when that was fashionable (before those court cases ruled) used a request under that section of the act. So, MBNA are jumping the gun and assuming that is what you are doing.

You can still put your PPI complaint in but tell them at the same time that you are not looking at a unenforceable credit complaint.

emal_2

Thanks Dunstonh! (and everyone else). I'll put the PPI complaint in and make sure to say I am not putting in an unenforceable credit complaint.
Fingers crossed!

amersall

Good luck!.

lorraine1056

I sent the same letter to mbna in july 2011 and got the same reply. I sent another letter 14 days ago (feb 2012) just requesting a copy of the agreement quoting "because I needed to check some details" and that was all I put on it. Hmm I got exactly the same reply as the first. I will request yet again regarding my letter dated feb 2012 (and not requesting information under section 77(1) of the consumer credit act 1974) as they stated I asked for and let you know how I got on.

The loan I am asking information about was 6 years paid off last summer at the time of the 1st request if that makes any difference.