MBNA Cant Provide CCA

meer53

If you make late payments and go over your limit, you will incur charges, why would you think you would be able to claim these back ? The increase in interest rates is nothing to do with these charges.

The PPI is a different story, have you submitted a claim for this yet ? You might get this back.

cooltt

I've been with MBNA off and on for years, play by the rules and they are fine.

rich_brown

I have attempted twice to claim back my PPI but both of my letters have been ignored. My main concern is what next to do re the CCA being non existent. With this being the case my assumption is the charges are invalid as are the interest rate increases as I had no signed aggreement with them stating what they could and couldn't do.

TakingControl

What year have you opened the account and did you do this online? Requesting a CCA is normally if you want to see if the account is enforcable or not? Not quite sure what you are trying to achive seeing you are paying as confirmed by MBNA?

Tixy

If they can provide you with a reconsistutued CCA then thats perfectly acceptable.

If they are saying that they cannot even provide a reconstituted CCA then the debt could be legally unenforceable until such time that they can provide a reconstituted CCA, and if it is unenforceable and you stop repaying the debt then if they tried to take court action for the debt it is unlikely to be successful. However even if its unenforceable they are still allowed to report to the credit reference agencies and if you stopped paying would still be able to mark a default on your credit files.

If you choose to continue repaying (and not risk a default and possible court case) then yes they can continue to charge you interest. I fyou argue you don't have an agreement with them at all then they may request immediate repayment of the balance in full.

Regarding the PPI, if you think you have a case to reclaim this and believe it was missold - have you followed the letter templates and guidelines detailed on this section of the forum Reclaim PPI & Other Insurance

rich_brown

I opened the account originally opened with Save & Prosper. It would have been a paper application but as I was a Save & Prosper staff member at the time it's highly unlikely it was signed as it was a big push to issue the cards to staff members and we had highly discounted interest rates. Then when MBNA bought the book of accounts, the card limits were increased, interest rates were gradually hiked up, charges increased etc, etc.

Having been reading this forum now and reading about requesting the CCA, I decided to contact MBNA to find out if they managed to have a copy of the CCA. They have confirmed they do not have a copy of this.

My main aim is to have some of my interest they have charged me removed as everytime I contacted MBNA about interest rate increases they confirmed that they have every right to, due to the CCA I would have signed when applying for this card.

So im trying to find out where to go now with this to and also to try and confirm if my understanding is right

rich_brown

Additionally what I was also hoping to do was confirm the interest rate I was originally on as it was something like 5% as opposed to the 29.9% they are currently charging me.

I don't want to default as I know as soon as I do, my credit risk rating will score higher leaving me exposed to rate increases or credit problems.

Tixy

rich_brown wrote: »

My main aim is to have some of my interest they have charged me removed as everytime I contacted MBNA about interest rate increases they confirmed that they have every right to, due to the CCA I would have signed when applying for this card.

What period are you talking about regarding the interest rate hikes? since 1 Jan 2009 or before that period?

Since Jan 09 credit card providers agreed to principles regarding informing customers about interest rate rises in advance and giving them the option to opt out. Before that they could increase them and did not have to give the opt out option.

If since Jan 09 but before you did eventually opt out you had an interest rate increase and were not told how to opt out, or were told you could not opt out then you might well have a case to get the rate reduced to the Jan 09 rate.

If it was before this date then I think your chance of getting it reduced is very slim (without considering defaulting and the whole issue going to court).

Tixy

rich_brown wrote: »

Additionally what I was also hoping to do was confirm the interest rate I was originally on as it was something like 5% as opposed to the 29.9% they are currently charging me.

Do you not have old statements yourself showing your old APR? have you tried a subject access request under the data protection act?

rich_brown

It was prior to 2009 they kept hiking the rates and I dont have any old statements that I know off (all got lost in a move)