CCA help

Little_Miss_Sunshine

Hi - update
Of the 8 accounts I've cca'd 2 have responded. ( they have a few more days). My 2 oldest debts - Mbna £21k and £7k - have sent me 8 pages of t&c. It isn't a ca. These cards were taken us in the mid 90's.
My next step is to write back, enclosing the original letter, asking to be provided with the correct information.
Does this sound ok?

January2015

Little_Miss_Sunshine wrote: »

Hi - update
Of the 8 accounts I've cca'd 2 have responded. ( they have a few more days). My 2 oldest debts - Mbna £21k and £7k - have sent me 8 pages of t&c. It isn't a ca. These cards were taken us in the mid 90's.
My next step is to write back, enclosing the original letter, asking to be provided with the correct information.
Does this sound ok?

Hi

Fermi kindly put together a response for me for MBNA when they didn't send the right info through to my CCA request. I've copied that post below.

fermi wrote: »

OK. Rather than another copy/paste template, it's probably better to just bullet point the essential points to get across in any letter.

You can then put that in your words or use ones as posted previously if they suit.

A reply would state:

• You made a formal request under s78 of the Consumer Credit Act 1974 on dd/mm/yyyy for a copy of the credit agreement and any document referred to in it, and a statement of account.
• That to date, MBNA have failed to provide the required documents.
• That a supplying a copy of current terms and conditions does not satisfy a request under s78
• Carey vs HSBC Bank PLC and FCA CONC 13.1 confirm that:

CONC

If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:

(a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,
(b) a clear statement of the terms of the agreement as varied.

Carey

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

• The documents supplied do NOT satisfy these requirements.
• A statement of account to comply with the terms of s78(1) should also be supplied.
• As the requirements of s78 have not been met, the account is therefore unenforceable under s78(6) until MBNA fully comply. Quote 78(6) if you feel like it, as templates above do.
• Perhaps also say that MBNA are reminded that CONC 13.1.6 states:

"In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement."

"The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable."

"However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading."

• That you await MBNA's response
• That MBNA are warned that any attempt by them to misrepresent what they have supplied or may supply as being in compliance with s78 when it is not, WILL be reported to the FCA as deceptive and misleading conduct.

Little_Miss_Sunshine

Thank you January and of course fermi.
I hope this is a positive sign

fermi

If MBNA are true to form, they will sell it on to debt collectors rather than admit they can't supply the CCA. You would then have to CCA the DCA afresh.

Does carry a risk of ending up with a court claim depending on the DCA, but that could happen in the future anyway even if you do nothing.

Little_Miss_Sunshine

So if it goes to court do they still have to supply the cca.?? Can I still challenge the enforceability or is the court different?
Thanks

sourcrates

Little_Miss_Sunshine wrote: »

So if it goes to court do they still have to supply the cca.?? Can I still challenge the enforceability or is the court different?
Thanks

Its unenforceable now until the creditor who owns the debt does what they are supposed to do.

Your defence would be the creditors failure to comply with a section 77-79 request, that's why its important to keep your paperwork as evidence of this.


Its irredeemably unenforceable until they produce that paperwork.

fermi

For cards originally taken out way back then, yes they would, or could be made to, produce the CCA, or evidence it existed for the court to be able to enforce the account/debt.

Just posting this link on January2015's CCA thread.

Read --> https://goo.gl/WdxPPB

Shows that with some help, if a case is winnable, you can.

Not every CCA account this old will be unenforceable, but a hell of a lot are/were.

Little_Miss_Sunshine

Thank you for your replies. Interestingly my name ( I wasn't married then) and the address are wrong. There is just my name and address at the top of 8 pages of general t&c's

January2015

Little_Miss_Sunshine wrote: »

Thank you for your replies. Interestingly my name ( I wasn't married then) and the address are wrong. There is just my name and address at the top of 8 pages of general t&c's

That's what MBNA sent us. A covering letter and 7 pages of T&Cs with DH's name and address at the top. The address is our current address - not the address he lived at when he took out the original card.

Little_Miss_Sunshine

When did Mbna sell the debt on January ?