HELP - CCA advice please

tigerfeet2006

Speak of the :A and she shall appear. Thanks Weller.

fiveyearplan

Thanks Weller. Do I send the letter exactly as is or do I delete points 2&3 if it is still with the original creditor? Also, what do I say about not acknowledging debt if I have been paying it all this time (well, up to the last couple of months anyway)?

tigerfeet2006

I would keep in I do not....

Leave out no'2 and modify no.3

moonlightpjs

fiveyearplan wrote: »

Thanks Weller. Do I send the letter exactly as is or do I delete points 2&3 if it is still with the original creditor? Also, what do I say about not acknowledging debt if I have been paying it all this time (well, up to the last couple of months anyway)?

It doesnt matter whether you have been paying it or not you are still entitled to see the "alleged" CCA. And you do not acknowledge any debt.

Remove point 2, and make point 3 - 2 if that makes sense

rog2

Thanks weller - I was just searching through your posts for info on exactly what a cca must contain, and have come up with the following link:

http://forums.moneysavingexpert.com/showthread.html?p=6815188&highlight=weller711#post615188

fyp - beware of MBNA, and their agents - they will try anything including sending a copy of the application form, to try and hide from their legal obligations under the Consumer Credit Act 1974.

Once you send the first letter, you are, effectively, putting the 'alleged debt' into dispute and MBNA, or their agents, should not continue to pursue collection of the 'alleged debt' whilst the debt is in dispute. You would be well within your rights to report them to the Trading Standards Office for 'harrassment' if they continue to phone:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I suggest you download and keep a copy of these OFT Debt Collection Guidelines.

moonlightpjs

As Rog says :rotfl: ^

MBNA are a bunch of slimy, sneaky, horrible leaches, so stay strong - we'll get you sorted

rog2

weller711 wrote: »

As Rog says :rotfl: ^

MBNA are a bunch of slimy, sneaky, horrible leaches, so stay strong - we'll get you sorted

We'll certainly do our best, fyp. :rotfl: I am, currently being 'slated' on the DFW board, for having the 'nerve' to suggest that no cca = no enforceable agreement: http://forums.moneysavingexpert.com/showthread.html?t=648973 but this is by one particular member of the 'debt collection fraternity'.
It just goes to show that they don't like 'alleged debtors' to be aware of the protection that THE LAW can give them.

Weller is proof that the Consumer Credit Act works.

Richard_S

I know very little about the CCA, and Rog and Weller seem to have got the whole thing in perspective. The only comment I would make is that the web site Consumer Action Group has got a whole library of information on their site.

http://www.consumeractiongroup.co.uk/

Regards

Richard

fiveyearplan

rog2 wrote: »

fyp - beware of MBNA, and their agents - they will try anything including sending a copy of the application form, to try and hide from their legal obligations under the Consumer Credit Act 1974.

I'm hoping if if they send anything at all that it is the credit application because that does NOT have the credit limit on it.

fiveyearplan

Thanks Everyone for all your support. I feel so much stronger about this than I did an hour ago! My emotions are all over the place with my bankruptcy looming. I'm trying to hold out until 10th or 11th January but am ready if I need to 'jump' before. Now I'm onto getting husband's debts sorted out and MBNA are the biggest one by far. If we get this one sorted it will really make for a happy new year! ps I have no sympathy for MBNA!