MBNA Cant Provide CCA

rich_brown

Hi

I'm after some help and have been in contact with MBNA regarding 3 things:
1. A copy of my CCA
2. To complain about the recent minimum repayment amount which was increased without notification
3. To ask them to investigate why I had PPI added to my account/.

I have used template letters of the site and these have been very useful, however the second letter I got from them has confused me and I have pasted the body of the letter below:

Dear Mr Brown

Thank you for your letter dated 24 October 2011 in respect of the agreement referred to above.

We have requested a copy of your agreement from who we acquired your account from, but they have not been able to provide one so far. The recent case of Carey v HSBC has clarified that we can provide you with a reconstituted copy showing what you would have signed, but unfortunately we are unable to do this for you.

We refer you to the decision in the case of Mc Guffick v RBS in October 2009. This case confirmed that even where the credit agreement is not available, the cardholder remains under an obligation to make payments on their account.

You should continue to make payments as and when due, which we appreciate that you are currently doing. You should be aware that any debt continues to exist and your obligation to pay remains. We will continue to ask you to pay any amounts which are due.

In respect of your complaint regarding the recent change in your minimum payment, you complaint has been forward to the relevant department and will respond in a separate letter.

We are confident we have addressed all the issued raised and as such, we do not intend to enter into subsequent correspondence with you regarding these issues.

Yours Faithfully

MBNA EBL

The parts I need help with are:

1. I dont know what to ask for now?
2. I still have no response to my complaint about minimum payment
3. Still no response on the PPI and that it wasn't even mentioned in their last letter

At no point have I threatened to stop paying, all I want is them to reduce the interest amount and recalculate it as I believe they have no right to keep increasing the Interest rates when no agreement exists? Am I right on this point? I suspect the reason they cannot obtain a copy of the CCA is that the account was originally a Save & Prosper Credit Card which was sold to MBNA years ago (I was a staff member of S&P at the time so should have been on preferential interest rates) which is another reason I wanted the CCA as they currently have me on 29.9%

Thanks for any help

Fruit_and_Nut_Case

rich_brown wrote: »

...I believe they have no right to keep increasing the Interest rates...

To concentrate on this part, you have the right to refuse their increases. This should have been made clear by MBNA each time.

rich_brown

Thanks for the reply, the last time I called them on the last increase they said I have no right to refuse as its clearly stated in the CCA I have signed that they have the right to increase the interest rates.

I did at that point opt out of any future interest rate increases which has stopped them pushing the rates higher.

izools

rich_brown wrote: »

Thanks for the reply, the last time I called them on the last increase they said I have no right to refuse as its clearly stated in the CCA I have signed that they have the right to increase the interest rates.
.

You should write this in a formal written complaint and take it to the FOS

garth549

Yes you have the right to reject the APR increases. This will probably mean the account becomes frozen though and cannot be used for new purchases.

Edit: You may have the right to reject the increase to the minimum payment as well, not sure on this

rich_brown

Yep thats right the account was frozen when I contacted them last time about the last increase.

meer53

rich_brown wrote: »

Thanks for the reply, the last time I called them on the last increase they said I have no right to refuse as its clearly stated in the CCA I have signed that they have the right to increase the interest rates.

I did at that point opt out of any future interest rate increases which has stopped them pushing the rates higher.

That doesn't make sense ?

So they said you had no right to refuse but then allowed you to refuse to accept any further interest rate increases ? It doesn't stop them pushing the rates higher, it just stops YOU from being affected by them as your accout will be frozen.

They DO have to right to increase interest rates, you have the right to refuse to accept them, as you have now done.

rich_brown

My understanding of MBNA is that if you opt out of future interest rate changes, your account is frozen. The upside is no more interest rate increase but the the downside is your excluded from any interest rate decreases.

rich_brown

The main point I need help on is their latest letter they sent me. Are they allowed to just brush me off with a comment stating they wont enter into any further discussion and can I request they explain why they had the right to constantly change interest rates and add charges to the account, when there is no CCA?

meer53

What charges have you incurred ?

rich_brown

Couple of late payment, over limit (before the account was frozen) and the interest rate increases. And PPI when they finally acknowledge my letters.