CCA query

January2015

Hi all

As you can see from my signature, my DH and I are in a DMP with Stepchange for a significant amount of money.

I honestly thought all our credit cards and loans were 'chopped and changed' for interest rate transfers over the years and hence not more than a few years old. However, talking with DH last night we realised one of our card debts is with MBNA but DH took the card out in about 1998/1999 with Abbey and the name on the card changed sometime (he thinks around 2002). I seem to remember the card originally had the Abbey name on it, but was always 'issued by' MBNA

We owe £10k + on this card. Is it worth sending a CCA letter? If so, do we just send it to MBNA because we don't have any records of the card information when it was an Abbey card (all shredded by yours truly years ago )

I'm not sure what a CCA will achieve for us right now - we can't afford to pay any more than we pay each month to the DMP - so a cheeky, low F&F if MBNA cannot produce documentation is out of the question.

I guess I am just making preparations for should that time ever come one day {some day}

Thanks for any advice.:beer:

sourcrates

January2015 wrote: »

We owe £10k + on this card. Is it worth sending a CCA letter? If so, do we just send it to MBNA because we don't have any records of the card information when it was an Abbey card (all shredded by yours truly years ago )

I'm not sure what a CCA will achieve for us right now ?:

Absolutely it is worth doing.

Send it to whoever you are paying, from 1998 it's 99.9% likley they won't be able to produce it.

If you aren't able to offer a full and final, subject to the CCA outcome, your other option would be to ceace payments, if they couldnt provide it.

Some people moan when I suggest this, but I don't care ☺️ Lol

January2015

sourcrates wrote: »

Absolutely it is worth doing.

Send it to whoever you are paying, from 1998 it's 99.9% likley they won't be able to produce it.

If you aren't able to offer a full and final, subject to the CCA outcome, your other option would be to ceace payments, if they couldnt provide it.

Some people moan when I suggest this, but I don't care ☺️ Lol

I think, if I am honest, I was thinking {hoping} ceasing payments would be an option if they cannot produce required documentation. I know I will get moans from people who say you borrowed it, you owe, you pay it etc. etc.

I know it's not the point, but when I think of the interest we have paid over the last 17 years I feel almost sick. It started at 0% and when up through the roof to 34% at some points. Again I know, we used the card and had the option not to, etc. etc. etc. I have no idea why we didn't balance transfer this card - well other than it was DHs and I didn't really know much about it until the last couple of years.

I don't know what we will do, but I want to have the knowledge and response to hand to make an informed decision when, if, we are in a position to do something.

Thanks for your advice sourcrates. Will print off the CCA letter tonight and get a £1 postal order tomorrow:beer:

lovemunkey187

DH?
The only abbreviation I can think of for this is Richard Head, which I am certain isn't what you mean.



Is there a list of common forum abbreviations somewhere? This isn't the only one I don't know
I also believe that SOA doesn't stand for Sons Of Anarchy.

sourcrates

lovemunkey187 wrote: »

DH?
The only abbreviation I can think of for this is Richard Head, which I am certain isn't what you mean
I also believe that SOA doesn't stand for Sons Of Anarchy.

Lol, had to chuckle when I read your post, SOA - statement of affairs, but I prefer sons of anarchy !!! Lol

As for some of the other shortcuts used, I have to admit I'm clueless myself about a lot of them !!!

fermi

DH = Dear/Darling Husband

Probably...... Or so I thought....

fermi

sourcrates wrote: »

Some people moan when I suggest this, but I don't care ☺️ Lol

Not so much a moan, but pointing out that you need to make that decision on a case by case basis, looking at the pros/cons and facts of the case. It's not always black or white.

January2015

lovemunkey187 wrote: »

DH?
The only abbreviation I can think of for this is Richard Head, which I am certain isn't what you mean.



Is there a list of common forum abbreviations somewhere? This isn't the only one I don't know
I also believe that SOA doesn't stand for Sons Of Anarchy.

sourcrates wrote: »

Lol, had to chuckle when I read your post, SOA - statement of affairs, but I prefer sons of anarchy !!! Lol

As for some of the other shortcuts used, I have to admit I'm clueless myself about a lot of them !!!

fermi wrote: »

DH = Dear/Darling Husband

Probably...... Or so I thought....

Fermi - you are right, DH = darling husband. Although now you mention it lovemunkey, Richard Head may be far more appropriate (on occasion anyway;))

Thank you all for giving me a huge grin on my face tonight:beer:

fermi

lovemunkey187 wrote: »

Is there a list of common forum abbreviations somewhere? This isn't the only one I don't know
I also believe that SOA doesn't stand for Sons Of Anarchy.

Without wanting to take this thread too far off topic, there are some listed here.

---> The New DFW Dictionary

January2015

Ok - response received from MBNA which states:

Dear Mr January

Enclosed you will find your current MBNA Credit Card terms and conditions - we've sent these to you as you either requested a copy or because you've added your card to a mobile device.

[goes on about managing account online]:rotfl:

We hope you continue to enjoy the benefits of your credit card account. :rotfl:

Below is what I asked for:

[FONT=&quot]With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. [/FONT]

[FONT=&quot] I understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request. [/FONT]

[FONT=&quot] I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.[/FONT]

[FONT=&quot] I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.[/FONT]

[FONT=&quot] I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.[/FONT]

What they have sent:

8 printed pages which start with "Your lender is MBNA" and no signatures etc. etc.

We took this card account out in late 1990s with Abbey National and it was just transferred to MBNA around 2003/2004

What's my next move ? I should say we are in no way able to offer a F&F of any amount on this account {at the moment anyway}. It is still with MBNA at the moment - although has been defaulted.

absolutereturn

The main thing here is whether those were actually the T&Cs that applied to your account when you took out the Abbey card or not. If, as your post suggests, they are CURRENT MBNA terms, then they have not complied with your CCA request and if they contact you again, you can just say they are in default of your request.