Cca Requests Updates Please

fermi

MS_Dolphin wrote: »

She also said only one claim has been successful against MBNA in court and that was for an error rather than breach of the act. I'd be interesting to know if this is true or not. If it is then its not great news, but I guess she forgot all those that settled before court where they would have lost.
If it is not true then it means those nice people at MBNA tell lies.

I think they may be referring to cases where you (the debtor) bring a case yourself seeking a declaration of unenforceablility from the court.

There certainly haven't been many of those. But only because they either haven't got to court yet, or they or the DCA have backed down before any hearing.;) They last thing they want is to publically lose on that score.

As far as defending action brought by MBNA (or more likely a DCA)

a) MBNA may unload any debt with a dodgy agreement onto a DCA well before it foes "legal".
b) They or the DCA will discontinue any action before it goes before a judge if they think they will lose.

There are certainly a few cases on the CAG legal issues board where that has happened. Again, they are desperate not to be seen to actually "lose" in court, so tend to back down and discontinue.

rog2

MS_Dolphin wrote: »

She said that at 7 months of non payment they will issue a default and sell on the debt.

I was contacted by a dca (MacKenzie Hall :mad:) after just two months of non payment.

She also said only one claim has been successful against MBNA in court and that was for an error rather than breach of the act. I'd be interesting to know if this is true or not. If it is then its not great news, but I guess she forgot all those that settled before court where they would have lost.

MANY cases do NOT end up in Court, MSD, but I would be EXTREMELY surprised if only one claim had ever been successful against MBNA in a British Court. If she rings again, perhaps you could ask her to substantiate that remark?

If it is not true then it means those nice people at MBNA tell lies.

Now PLEASE don't tell us that. :rotfl: :rotfl:

Beware the 'silk tongued debt collector'.

blueforyou

MS_Dolphin wrote: »

3 calls before 10am this morning.

MBNA called playing good cop. :rolleyes:

A couple of interesting bits from her - whether true or complete fibs?

She said that at 7 months of non payment they will issue a default and sell on the debt.

She also said only one claim has been successful against MBNA in court and that was for an error rather than breach of the act. I'd be interesting to know if this is true or not. If it is then its not great news, but I guess she forgot all those that settled before court where they would have lost.
If it is not true then it means those nice people at MBNA tell lies.

I'd be wary of any employee working at a weekend for a financial institution to know enough about the law to say what had been successful or not!

aaxsabian

blueforyou wrote: »

Yes. Its not the largest of debts, but the principle of them having to supply documents still holds. Have you heard anything yet?

Ive hears jack from them and dont think i will unless i stop paying my token payment.
It would seem that mbna cant cope with all there mail what a shame hey

blueforyou

aaxsabian wrote: »

blueforyou wrote: »

Yes. Its not the largest of debts, but the principle of them having to supply documents still holds. Have you heard anything yet?

Ive hears jack from them and dont think i will unless i stop paying my token payment.
It would seem that mbna cant cope with all there mail what a shame hey

You could stop paying if you are in dispute - that would make them respond.

aaxsabian

You could stop paying if you are in dispute - that would make them respond.[/QUOTE]

the thing is i want to carry on paying as it reduces my debt further all i want to do is make sure that they have the relivant agreement in place,its my debt and i dont want to be seen as " just trying to see if i can get away without paying" but i can see where your coming from

maz1964

well hiya all

mbna,,,,i really like them with a passion:rotfl:

anyway my experience is yes i believe they do default you after 7 they did me but the interesting part is that the default notice in my case are flawed,,,not enough days ive kept the envelope,,,heheeh also quotes a section of the cca agreement, which as i cant read my cca they have sent im holding on for any court action - but the dca they have it to ,,,well just threats so far,,,,

also they are an american company and they told me that - as if i was supposed to be what frightened of that remark,,,,,i replied yes but you trade in the uk and have to abide by uk law,,,,not a happy bunny after that with me,,,,heheheh

so keep positive maz

dvs

blueforyou wrote: »

This is actually a bit sad, as THEY HAVE OFFERED ME A GREAT SETTLEMENT FIGURE!

Out of curiosity, what was the percentage settlement figure they offered you? Did they offer you a settlement over the phone or in writing?

MBNA have not complied with our request (been 3 months now) but I'm considering offering a settlement just because I'd like some closure on the matter. We've been receiving several calls a day (usually by 8:30am!) but we haven't answered any calls.

Eupho

Well.. After requesting my CCA from Barclaycard.. and only getting two pieces of junkie T&Cs rubbish back.

I am planning to send them this.. But should? .. I mean really, they haven't sent me what I asked for have they.. so doesn't that come under the 'Unenforceable' (until they do) .. thing?...

---

Dear Sir/Madam,

Regarding my Consumer Credit agreement request:

Thank you for sending me the two photocopy sheets of the Terms & Conditions of my account when I opened it with you. I understand from your letter, that you will also be sending me a statement and the updated terms and conditions as they stand on the account at this time. Thank you for this.

In the original CCA request letter I wrote you, I requested a true copy of my original signed agreement. Which I still do not appear to have been sent. Can you please send this to me as soon as possible.

As you are aware, I have already paid you the £1 fee for this.
I look forward to receiving your reply.

(please stop me from sending this if you think I am wrong.. I AM still learning all of this.. and am fumbling around haha!)

:wave:

rog2

Eupho wrote: »

I am planning to send them this.. But should? .. I mean really, they haven't sent me what I asked for have they.. so doesn't that come under the 'Unenforceable' (until they do) .. thing?...

(please stop me from sending this if you think I am wrong.. I AM still learning all of this.. and am fumbling around haha!)

:wave:

Please do not send that letter, Eupho. If 12 working days have passed since their receipt of your cca request then they are 'in default' and you can send the '12+2' day letter that you will find on post 6 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

If the 12 working days have not yet elapsed, then you must wait until they have before sending the 12+2 day letter.