Cca Requests Updates Please

Broken_hearted

Todays M&S response

Dear MR ******
Thank you for taking the time to speak to me today regarding your chargecard account account.
As advised we have provided in good faith all the information we are required to provide under sections 77 or 78 of the consumer credit act 1974. We have examined the agreement and account and are satisfied that we have a legally enforceable agreement with you and this, at the least, is evidenced by your use of the account and reciept of credit funds.
Due to the nature of your enquiry M&S Money would strongly recommend that you seek immediate independent legal advice regarding the validity of your complaint.

yours sincerely
Jean M Williams
Directors office.

It also gives the Ombudsman Service details. Why can they not follow their own advice.

rog2

Broken_hearted wrote: »

As advised we have provided in good faith all the information we are required to provide under sections 77 or 78 of the consumer credit act 1974. We have examined the agreement and account and are satisfied that we have a legally enforceable agreement with you and this, at the least, is evidenced by your use of the account and reciept of credit funds.

If they are so satisfied that they have a 'legally enforceable agreement' with you, then what is stopping them from complying with the Law and providing you with a copy of that agreement?

The 'use of an account' and 'receipt of credited funds' does not, in itself, prove that the agreement is legal.

RedRobbo

Hi all,

3 letter sent, only one reply and this is it from MBNA.

I would like to know if this is genuine, because how do I know that this is the original CCA, and not just a nocked up version with a ticked box at the end?


1 Key Financial information

1a We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know.

1b By the payment due date shown on your statement each month, you must pay whichever is the least of:

-2.25% of the balance shown on the statement( but you must pay at least £5); or
-the charges for payment protection cover, plus interest charged on the statement, handling fees and default charges, plus £5; or
the balance on the statement if this is less than £5.

1c Your annual percentage Rate is 15.9% APR(variable).

2 Other financial information

2a If, for example, you immediately borrow £1,500 and pay it back in 12 equal monthly instalments, your total charge for credit under this agreement would be £123.71, not including the £1500.

2b The interest we will charge on transactions, including for introductory promotions, will be as set out below, note that we will not increase any promotional rate during the promotional period, unless you do not keep to the terms and conditions. If you do not keep to the terms and conditions, we may totally withdraw any promotional rates which apply to your account and apply the standard rates shown below.

-card purchases: In the first nine months from the account opening date, we will charge interest at the rate of 15.9% pa ( a year). After that , we will charge a standard rate of 15.9% p.a ( a year).

-balance transfers: In the first nine months from the account opening date, we will charge interest at the rate of 0% p.a( a year(. After that , we will charge a standard rate of 15.9%p.a (a year)

Cheque transactions: In the first nine months from the account opening date, we will charge interest at the rate of 0% p.a (a year). After that , we will charge a standard rate of 15.9% p.a (a year)

Cash transactions: IN the first nine months from the account opening date, we will charge interest at the rate of 20.9% p.a ( a year). After that, we will charge a standard rate of 20.9% p.a (a year)

2c We will charge a handling fee for all balance transfers, cheque transactions and cash transactions. All handling fees will be 2% of the amount of each transaction. For cheque transactions and balance transfers the handling fee will be at least $3 and no more than £50. for cash transactions the handling fee will be at least £2 and there will be no maximum handling fee. We will charge an annual fee of £0.

2d We will charge interest on handling fees, and on interest you already owe, at the rate which appliers to the relevant transaction. We will not charge interest on the card purchases shown on your statement if you pay off the whole balance shown on that statement, and on the statement before, by the date the payment is due. However, we will always charge interest on the any annual fee, service charges and default charges at the rate which applies to card purchases. Except as stated in relations to card purchases in this paragraph, we will charge interest on all transactions, handling fees, service charges, default charges and interest starting on the transaction date and ending on the date you pay the bill in full. we work out interest each day, so the earlier you make a payment, the less interest you will have to pay.

2e We will add transactions to your account after the payment system under which we have issued your card lets us know about them, we will add interest to your account on each statement date. We will add the handling fees, any annual fee, service charges and default charges immediately.

2f we will will use your payments to pay items at lower rates of interest on your statement before items at higher rates of interest. Also, we will use your payments to pay items showing on your statement before items not yet showing on your statement.

2g In working out the APR we have not taken account of any change in interest rate or handling fees or any annual fee. We may change any of our interest rates and handling fees and change how we charge interest, as long as we give you 14 days’ notice. We may reduce the interest rate on any item for a period.

3 Key informations

3a If you break this agreement, you must pay the following default charges.

-£25 each time your payment has not reached your account within one day of the date your payment is due.

-£25 each time a cheque, direct debit , a credit-chard cheque or other item for payment is unpaid.

-£25 each time the account balance goes over your credit limit( after taking into account any items not yet shown on any statement).

-Any other losses and costs we suffer as a result of you breaking this agreement.

We Will add these directly to your account. We may change the amount of these default charges if we give you notice.

3b Details of other service charges are set out in section 4

Missing Payments

Missing payments could have severe consequences and make obtaining credit more difficult.

Important - Read this carefully to find out about your rights

The consumer credit act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without a court order.

The act also gives you a number of rights:

You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us, or both.

If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about your rights under the Act, contact either your local trading standards department or your nearest Citizens’ Advice Bureau.

theft, Loss or misuse of credit card.

If your credit card is lost stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. f it is misused with your permission you will probably be liable for all losses. You will not be liable to us for losses which take place after you have told us about the theft, etc.

Your right to cancel

Once you have signed this agreement, you will have a short time in which you can cancel it. we will send you exact details of how and when you ca do this.

This is a credit agreement regulated by the consumer credit act 1974. sign if only if you want to be legally bound y its terms.

Acceptance of terms and conditions:

Please tick this box:

I confirm that the tick in this box is valid means of establishing the authenticity ad integrity of my signature to this credit agreement. I understand that MBNA will hold the acceptance data on their files.

Date of signature: 24/3/06

above are section 1-3 of your terms and conditions. The rest of your terms and conditions(i.e. sections 4-16 including definitions) can be viewed by clicking the Terms and conditions link at the top of this page

Executed by hugh Chater (director) on behalf of MBNA
Date of signature: 24/3/2006


thanks for everyones help

Charles

upferret

rog2 wrote: »

You don't need to do anything, uf - HSBC are now 'in default' and can not enforce the agreement whilst they remain in default. It does not matter that they have returned your £1 Statutory Fee.
Keep copies of all of your letters in case they decide to take you to Court, as these will form a very important part of your defence.

so...I dont need to send anymore letters, and am I right in thinking that they arent allowed to add any more interest, or ask for payment, or pass it on to a DCA whilst in default?

The letter they sent says
" A data controller is not obliged to supply any information under sub section (1) unless he has received a request in writing. Further, a data controller is not obligred to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisy himself as to the identity of the person making the request and to locate the information which that person seeks. The banks policy is to establish the identity of the customer via a signature such that it can be compared with any other document (eg application) that we may hold. With this in mind the, I must ask you once again to send fresh signed instructions in order for us to proceed. If we do not receive signed instructions we are unable to comply with this request."

rog2

upferret wrote: »

so...I dont need to send anymore letters, and am I right in thinking that they arent allowed to add any more interest, or ask for payment, or pass it on to a DCA whilst in default?

You are correct in your assumption, uf.

I am assuming that your request was, indeed, made in writing, as per your first post.

You have offered to provide suitable forms of identification - that, in itself, should be sufficient to prove, to their data controller, that you are who you say you are.

No signature is legally required for a cca request.

As far as I am aware, the Law takes precedent over Company Policy.

They are in default.

fermi

upferret wrote: »

" A data controller is not obliged to supply any information under sub section (1) unless he has received a request in writing. Further, a data controller is not obligred to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisy himself as to the identity of the person making the request and to locate the information which that person seeks. The banks policy is to establish the identity of the customer via a signature such that it can be compared with any other document (eg application) that we may hold. With this in mind the, I must ask you once again to send fresh signed instructions in order for us to proceed. If we do not receive signed instructions we are unable to comply with this request."

You are asking for a copy under the Consumer Credit Act not the Data Protection Act, so the above is a load of twaddle and completely irrelevant. :rolleyes:

They are just trying to confuse you. Obviously they can't find the CCA.

Just send them the 'default' letter perhaps.

blind-as-a-bat_2

fermi wrote: »

You are asking for a copy under the Consumer Credit Act not the Data Protection Act, so the above is a load of twaddle and completely irrelevant. :rolleyes:

They are just trying to confuse you. Obviously they can't find the CCA.

Just send them the 'default' letter perhaps.

You bet me too it:p

fermi wrote: »

They are just trying to confuse you. Obviously they can't find the CCA.

Or maybe there confused, they seem to have a hard time understanding legaslation:D:rotfl:

upferret

fermi wrote: »

You are asking for a copy under the Consumer Credit Act not the Data Protection Act, so the above is a load of twaddle and completely irrelevant. :rolleyes:

They are just trying to confuse you. Obviously they can't find the CCA.

Just send them the 'default' letter perhaps.

I already have and this was their response to it!

Broken_hearted

rog2 wrote: »

The 'use of an account' and 'receipt of credited funds' does not, in itself, prove that the agreement is legal.

There argument is that I (not my DH) have been paying the account for all these years so I should continue to do so. There is no use of credit on the account in all the years I have been paying it.

upferret

rog2 wrote: »

You are correct in your assumption, uf.

I am assuming that your request was, indeed, made in writing, as per your first post.

You have offered to provide suitable forms of identification - that, in itself, should be sufficient to prove, to their data controller, that you are who you say you are.

No signature is legally required for a cca request.

As far as I am aware, the Law takes precedent over Company Policy.

They are in default.

Thanks very much, one last question.. if they do not aknowledge the default and place interest or ask for payment, who do I complain to?/what should I do?