Cca Requests Updates Please

rog2

schoolrunner wrote: »

Hi guys,
Heres a recap. I've sent the 2nd letter to MBNA after no CA appeared. They seem to have just ignored this, it was sent recorded so I know they received it. So what now? Do I just ignore their letters or reply?
Cheers

Are they still pursuing you, then, sr?

You can 'ignore' them - if they continue to 'harass' you then you can report them to the Trading Standards/OFT.
If, as is often the case with MBNA, they pass it to a dca who then attempts to 'collect' against the account then you can send the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you can find on post 8 of the following thread - http://forums.moneysavingexpert.com/showthread.html?t=963087

schoolrunner

Yes,I received some letters this morning, nothing threatening a new statement and an arrears letter.

Thanks for the prompt reply, it helps put mine and the wifes mind at rest.

Kudox

Hi all,
Could I get some advice from please.
Had a reply to CCA request from MBNA for OH.
They have sent a copy of the application form, which states at the top
" your application form", then "Credit Agreement Regulated by the CCA 1974"
It has name, address, employment details etc, and OH's signature, but no credit limit.
On the back are the sections 1-3 of the T&C's which have no personal info whatsoever and nothing to relate them to the application form.
It also says in the T&Cs "the rest of the T&Cs (paragraphs 4-19) can be found in the full copy(which we must give you under the CCA 1974)which is enclosed.
These are not enclosed, the only other thing they've sent is a copy of the current T&Cs, again these contain no personal information.
Any thoughts on whether this is enforceable?
Thanks

rog2

Kudox wrote: »

Had a reply to CCA request from MBNA for OH.
They have sent a copy of the application form, which states at the top
" your application form", then "Credit Agreement Regulated by the CCA 1974"
It has name, address, employment details etc, and OH's signature, but no credit limit.

Only rarely will an application form constitute a compliant consumer credit agreement.

To check whether what they have sent you is compliant, have a look at the following post: http://forums.moneysavingexpert.com/showpost.html?p=6815188

MBNA are not known for their application forms to constitute a cca.

Kudox

rog2 wrote: »

Only rarely will an application form constitute a compliant consumer credit agreement.

To check whether what they have sent you is compliant, have a look at the following post: http://forums.moneysavingexpert.com/showpost.html?p=6815188

MBNA are not known for their application forms to constitute a cca.

Okay thanks, I'll have a look at the other link.
Would I send them another letter, thinking specifically of the one which reminds them the debt is in dispute, or would I just sit tight?
Thanks again for your advice it's much appreciated.

Kudox

Had a look at the other link and that seems to say to me that the T&C's on the reverse of the application form do contain the prescribed terms, even though it just looks as if they've photocopied them on the back, they don't seem to relate in any way.
I'm a bit confused now.

westmids_3

quick update from me...
have not heard off grattan , studio and oli..yet !
have received a letter regarding additions.. passed on to ndr even after i received a letter from additions saying they are unable to locate a copy of an executed agreement!

change that... now have a debt collection letter again ! from studio.... letter being posted to them again saying i withdraw their right to visit my home as the account is in dispute.

sandalwood_2

jaybag wrote: »

Hi Rog,again,thank you for the reply,

I am going to be paying a lot less in a few months time for a long while due to my partner going on maternity leave and she is only getting SPP which is diabolical ,so,I may wait until the payments go down and then see what they say,if they start jumping up and down threatening legal action I can remind them that they have not produced me a CCA and that the debt is unenforcable and I am not obligated to pay them anything,and to go ahead and take me to court,which ,they cant unless a CCA is produced and once my work picks up(which it is at the moment) and I can save some cash,could offer them a (very)small F & F payment,which they would hopefully take due to the fact that they wouldnt be able to chase me for anymore due to no CCA,and it would be clear on my credit file as it would be settled?(does that make sense),does that sound like the sort of grounds I should/could go on?

In the mean time I will speak to National Debt line and see what they say,again thank you very much for your help

Just thought I would post an update re the CCA's,Abbey have supplied me with my CCA,with photocopys of documents I sent them and also signatures-so it is all ok and will keep on paying them on DMP-I have sent them a letter thanking them for supplying it and too please hold of any defaults or any other actions until I get myself back on track and thanking them for there understanding,blah,blah..worth a try!

MBNA have still yet to supply me with CCA and havent sent any letters to me,I have been in touch with National Debtline via email and should get a responce in the next 5 days....will keep you all updated

mozzyc

Hi

I've got a question to everyone out there, and would really appreciate some feedback -
We've been on a dmp with payplan since 2005, finishing march 2011(hopefully, if all extra charges/interest are dropped). We owe about
We pay £672 a month, so don't have much left at the end of the month (London rent is sky high!), and are both in our 30's.

Has anyone put off having a family because of there situation - waiting until the dmp has finished?

This has been the hardest sacrifice for us, and our biggest regret with getting into debt.

If not, how does everyone cope with the added costs of a baby?

Thanks everyone

typical_blonde

Am I correct in thinking that the finance company we got our car through does not have the right to 'sell on' our debt? We have checked our original paperwork and there are no signatures on it.

The company that have 'bought' the debt are really nasty and threatening. Do I write to them asking for proof of a signed copy of the CCA or to the original company. If the new company don't come up with anything does this mean they have been demanding money from us illegally and can I get it back?

Sorry so many questions but I'm in a new universe here.