Cca Requests Updates Please

Neillgb

MS_Dolphin wrote: »

I received a call from MBNA yesterday making me a settlement offer which is acceptable to me - as long as that is the end of it.

I know that I need to get it in writing first, but a couple of questions:

They say that my credit rating will show a 'partial settlement', but it will be definitely settled and finished. They say that although the credit file will show this, they will state in writing it is a full and final settlement and that will be the end of the matter.

Can someone tell me what exactly is sufficient to know that it is done and neither MBNA or anyone else will come looking for me in years to come.

Also, is email confirmation from them sufficient, or would it need to be a letter.

Finally, what impact will it have on my credit rating/credit file if it shows as settled this way.

Thanks in advance.

Get everything in writing.

The letter should be specific that the payment will be in 'FULL and FINAL settlement' of any monies due to MBNA and any other parties with any association to MBNA.

I think in reality your credit rating will be very badly affected for 6 years.
Other lenders will realise what has occured because of the 'partial' wording.

Leighton007

Got a letter from MBNA today after 2 months of waiting for my CCA. The letter states in order for them to process my request I must complete the enclosed Subject Access Request form which they say is required under the Data Protection Act. The form requires me to provide proof of identity (which must include my signature!), to sign the form itself and to send off a cheque for 10 pounds.

Now is it just me or are they stalling and trying to get hold of my signature so they can forge my CCA?!? Please someone suggest how should I respond!!:mad:

aj2703

Leighton007 wrote: »

Got a letter from MBNA today after 2 months of waiting for my CCA. The letter states in order for them to process my request I must complete the enclosed Subject Access Request form which they say is required under the Data Protection Act. The form requires me to provide proof of identity (which must include my signature!), to sign the form itself and to send off a cheque for 10 pounds.

Now is it just me or are they stalling and trying to get hold of my signature so they can forge my CCA?!? Please someone suggest how should I respond!!:mad:

http://forums.moneysavingexpert.com/showthread.html?t=963087 Post number 10 is the one you want (i think).

cheekymonkey20

Pebbles88 I had exactly the same letter from Halifax on the 6th April. I sent one back saying that it wasnt what i requested. They then sent me a true copy of my credit agreement which i signed.







My heart sank when I read this letter.. and having read through this post
http://forums.moneysavingexpert.com/showthread.html?p=7869437

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.
(Looks like E here has been covered)
C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
(Looks like this has been covered)
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

But im usure to D as the CCA agreement says "We will decide your credit limit and tell you what it is. We may change this at any time and will let you know about any change".
But it doesnt state what the agreed limit is... does that mean that D hasnt been covered?

cocker100

Leighton007 wrote: »

Got a letter from MBNA today after 2 months of waiting for my CCA. The letter states in order for them to process my request I must complete the enclosed Subject Access Request form which they say is required under the Data Protection Act. The form requires me to provide proof of identity (which must include my signature!), to sign the form itself and to send off a cheque for 10 pounds.

Now is it just me or are they stalling and trying to get hold of my signature so they can forge my CCA?!? Please someone suggest how should I respond!!:mad:

Utter B*ll***s!!!

There is no need for a signature with a CCA request and there is no need for a SAR request either (unless you want to get hold of everything they hold on you).

The vast majority of pre April 07 MBNA agreements are thought to be unenforcebale, and thats if they can actually find any agreement in the first place! In my opinion, this is a desparate attempt to get hold of your signature.

Send the letter as advised in aj2703's post.

Cocker:)

pebbles88

cheekymonkey20 wrote: »

Pebbles88 I had exactly the same letter from Halifax on the 6th April. I sent one back saying that it wasnt what i requested. They then sent me a true copy of my credit agreement which i signed.







My heart sank when I read this letter.. and having read through this post
http://forums.moneysavingexpert.com/showthread.html?p=7869437

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.
(Looks like E here has been covered)
C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
(Looks like this has been covered)
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

But im usure to D as the CCA agreement says "We will decide your credit limit and tell you what it is. We may change this at any time and will let you know about any change".
But it doesnt state what the agreed limit is... does that mean that D hasnt been covered?

hiya,

may i ask when you took the card out?? as i notice they have a received stamp on in jan 2007... i know the big change so to speak for ccas was early 2006..

I think i will write and say that isnt what i requested.. even though they have already said they wont enter into further correspondence, well tough!!

mind you, I have had cca's that look very similar to these, and they havent been valid.. not that H crap will care anyway!

Wellers post is a very good one, i dare say it is used by a large percentage of this forum. Its helped me a lot of times.!

Neillgb

Neillgb wrote: »

I have a couple of specific questions relating to a CCA copy I have received.

1. The CCa is on 2 seperate sheets. The first contains the relevant information. The second simply contains Terms and Conditions and signature box. As far as I can see there is no link between the 2 pages, they are not numbered. Has anyone had any had any experience of this and where would I stand with regard to enforceability?

2. A signeture box has a signature but is not dated, therefore is the document properly executed?

3. The agreement has no credit limit specified, just a vague sentence relating along the line of letting me know what the limit is from time to time. It is what I think is called a 'running' agreement. Again does this conform with the CCA Act 1974.

I have tried reading the forums relating to the above but cannot seem to find the relative info.

The agreement was drawn up in 2001.

Advice much appreciated.

Bump.

Any ideas, thanks.

Particularly interested in the credit limit question. Surely if the initial rate of interest is stated in specific terms, along with charges, then the same should apply to the initial credit limit??

MS_Dolphin

I've had a settlement offer from MBNA that is acceptable - subject to terms.

This is what they have written. I'd be grateful if anyone could tell me if this is sufficient.


As per our conversation today, I am pleased to confirm that Mbna have accepted £XXX to partially settle your credit card account. The current balances on the account is £XXX. Once the £XX is full paid sixty days after the first payment from June 2009, the remaining balances will be written off and you will no longer be pursued for the debt.
This will register as a partial settlement on your credit file for the next six years.
.............
Kind Regards,
XXX XXXX
MBNA

westmids_3

I would like some help in the cca matter if possible.
i have received a letter from a debt collection agaency regarding my vanquis account and they are calling out to me within the next ten days... last year in july 2008 i requested my cca from vanquis , there debt collection at that time was first credit, i never heard off them again.... the letter i have now received is from a new dca , does this mean they have passed my debt on and what should i do ? i dont want them calling at my home .. thanks

stapeley

You can inform them that you withdraw any right they feel they have to call on you at your home . Also points out that the account is in dispute as no CCA was received from the previous company. DO NOT PHONE THEM ! I know its a pain but it could be good news . The fact that the previous company have sold the debt on probably means there is no CCA available and account is unenforceable