CCA query

fermi

January2015 wrote: »

I'm not going to lie - I am really hoping this is unenforceable.

If it looks that way, there are people and resources you can be pointed to that can help fend off/deflect MBNAs nonsense and any court action, if they are they are unwise enough to try that.

One step at a time though....

January2015

Last question (for tonight anyway ) is there a template letter for the reply telling MBNA their response wasn't the 'correct' response?

Thanks for any pointers

sourcrates

January2015 wrote: »

Last question (for tonight anyway ) is there a template letter for the reply telling MBNA their response wasn't the 'correct' response?

Thanks for any pointers

This is from consumer action group, it's a little out of date, the creditor no longer commits an offence by non compliance, read it through carefully, and edit it to your situation :


I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the consumer crediticon Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore as at XXXXXXXX this account became unenforceable at law.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

I would appreciate your due diligence in this matter.

absolutereturn

January2015 wrote: »

Last question (for tonight anyway ) is there a template letter for the reply telling MBNA their response wasn't the 'correct' response?

Thanks for any pointers

Something like this:

ACCOUNT NUMBER: xxxxxxxxxxx


ACCOUNT IN DISPUTE

Thank you for your letters dated xxxxx, the contents of which are noted.

On the xxxx I made a formal request for a copy of the executed agreement for the above numbered account under s.78 of the consumer credit Act. In response to this request I was supplied a copy of current MBNA Terms & Conditions which did not apply at the time I took out the card. The document that you are obliged to send me is a copy of the executed agreement that contained all of the prescribed terms as defined in s.61(1) of CCA 74. If the agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

If the agreement has been varied, your duty is to provide me with a statement of the terms of the agreement as varied. Additionally, it is your duty to supply me with a full statement of account detailing all debits and credits.

As the Terms & Conditions did not comply with my CCA Request or the requirements of the Consumer Credit Act 1974, this account is unenforceable and will remain so until you properly comply with my formal request. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a copy of a credit agreement and this limit has expired.

As you are no doubt aware, s.78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

As this account is clearly unenforceable, I expect to receive written confirmation that no further action will be taken and that there will be no further correspondence.

Yours faithfully

absolutereturn

sourcrates wrote: »

This is from consumer action group, it's a little out of date, the creditor no longer commits an offence by non compliance, read it through carefully, and edit it to your situation :


I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the consumer crediticon Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

As you say, very out of date. If memory serves me, it stopped being an offence in 2008.

sourcrates wrote: »

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore as at XXXXXXXX this account became unenforceable at law.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

I would appreciate your due diligence in this matter.

This paragraph pre-dates McGuffick v RBS where it was established that reporting defaults did not constitute enforcement. A later judgment, Grace v Blackhorse reversed this to a certain point but it referred to an agreement that had been ruled unenforceable by a court.

sourcrates

absolutereturn wrote: »

As you say, very out of date. If memory serves me, it stopped being an offence in 2008.
This paragraph pre-dates McGuffick v RBS where it was established that reporting defaults did not constitute enforcement. A later judgment, Grace v Blackhorse reversed this to a certain point but it referred to an agreement that had been ruled unenforceable by a court.

I like your signature absolute !!!

fermi

January2015 wrote: »

Last question (for tonight anyway ) is there a template letter for the reply telling MBNA their response wasn't the 'correct' response?

Thanks for any pointers

There is a danger is using out of date overly generic templates, as some above are.

There is also a danger in being too specific in your reply in some cases.

The two replies above are good (maybe) starting points, but if you can wait until tomorrow, I'll for through and bullet point the most crucial things to get across just to make sure.

Then you adapt and pick the most suitable elements.

MBNA may try to spin you a line of twaddle saying they have complied anyway, but they know that what they have supplied so far is useless.

absolutereturn

sourcrates wrote: »

I like your signature absolute !!!

You should also like my user name, absolute return is a type of investment approach that's a bit, well, unconventional:

Absolute return investment techniques include using short selling, futures, options, derivatives, arbitrage, leverage and unconventional assets.

:santa2:

January2015

Absolute & Sourcrates & Fermi - again thank you so much. I have a few things to attend to over the next couple of days (sshhhh it's a secret, but does involve a short fat jolly man with a beard aka my DH and some gifts under a tree) but once that's out of the way I will press ahead with sending the response to MBNA - so yes Fermi I can wait a bit longer.

fermi

sourcrates wrote: »

I like your signature absolute !!!

Posting style is curiously familiar as well. :think: :cool: