myself v MBNA advice please

[davidm]

i have been writing to mbna asking for reduced payments on my three accounts with them .i have wrote many times to them about this sent in I & E forms .but have not had any payment arrangement from them .i have kept all the letters sent and recieved.

so today i recieve a letter saying they are passing account 2 to a dca HILLESDEN SECURITIES they have put a default on my credit file ,so is it time to send a CCA request not heard from the dca yet so shall i send it to mbna or wait until i hear from the DCA ?
i may as well send one in for account 3 as well ? as account 2 was taken over by mbna i doubt wether they will send a proper cca form back .


1.mbna card owe £395 paying £5.00 per month by s/o
2.abbeycard now mbna owe £598. not paying
3.virgin card [run by mbna] owe £900 ish not paying

maybe i should have posted this in diarys could an admin move it if that is the case thanks

[GlobalC]

Re: myself v MBNA advice please

i have been writing to mbna asking for reduced payments on my three accounts with them .i have wrote many times to them about this sent in I & E forms .but have not had any payment arrangement from them .i have kept all the letters sent and recieved.

so today i recieve a letter saying they are passing account 2 to a dca HILLESDEN SECURITIES they have put a default on my credit file ,so is it time to send a CCA request not heard from the dca yet so shall i send it to mbna or wait until i hear from the DCA ?
i may as well send one in for account 3 as well ? as account 2 was taken over by mbna i doubt wether they will send a proper cca form back .


1.mbna card owe £395 paying £5.00 per month by s/o
2.abbeycard now mbna owe £598. not paying
3.virgin card [run by mbna] owe £900 ish not paying

maybe i should have posted this in diarys could an admin move it if that is the case thanks

Hi, mbna couldnt careless about you or me. I sent off my cca request once i realised i was hitting a brick wall. i got my cca from them and it is sort of sitting on the fence as to whether its enforceable or not. Anyway i have ceased all payments and await the DN. I would think you should be sending off requests for all accounts but im sure someone will be along soon to give better advise than me.

[davidm]

Re: myself v MBNA advice please

ok thanks

[Undercover Elsa]

Re: myself v MBNA advice please

Hi Davidm,
I agree...I would send a CCA request for all three accounts to MBNA, then when Hillesden contact you you can come right back at em and say you're awaiting fulfilment of a CCA request.

Shep x

[mk_chatham]

Re: myself v MBNA advice please

Hi DavidM

Welcome to AAD.

When did you take out these accounts as this needs to be before 2007 to go down the UE route - usually the older the better the chances.

Are these your only debts or do you have others ?

As you have already been defaulted on one it is probably better to get all three defaulted sooner rather than later as these will stay on your credit reports for 6 years and then drop off.

So long as you realise that you will be unable to obtain credit for a few years - then I would say go for it.

Remember to send the CCA requests 'signed for' and perhaps start a UE diary. If you have any more questions before sending off the CCA requests ask them, there is usually someone online able to help.

Good luck.

MK

[davidm]

Re: myself v MBNA advice please

ok will send to all three, all where taken out before 2007,so its recorded and a £1 postal order in each what do i write on the postal order ??

you can see my other thread here advice on credit card debts - allaboutFORUMS

[davidm]

Re: myself v MBNA advice please

is this one ok and should i delete anything in the actual letter.thats not in red
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number xxxxxxxxxxxxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading[img]file:///C:/Users/David/AppData/Local/Temp/msohtml1/01/clip_image001.gif[/img] Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

[Never-In-Doubt]

Re: myself v MBNA advice please

Um template is here:---> Our Templates | Unenforceability Templates | CCA Request

[davidm]

Re: myself v MBNA advice please

Um template is here:---> Our Templates | Unenforceability Templates | CCA Request

thank you have done that im sending it tomorrow direct to MBNA ,not heard from dca yet .i shall send cca,s to the other two account numbers also

[davidm]

Re: myself v MBNA advice please

Go get them David, MBNA are at the top of the League of Extreme Incompetence!

Shame you owe them so little...

[oscar]

Re: myself v MBNA advice please

Go get them David, MBNA are at the top of the League of Extreme Incompetence!

Shame you owe them so little...

Not quite correct ..... They CREATED the league - the founder member (The Notts County of the credit card agreements)

[Wishfull]

Re: myself v MBNA advice please

david do not sign the cca request with your normal signiture and if they reply via any signed for postal service print your name on the reciept

[davidm]

Re: myself v MBNA advice please

hi i have recieved a letter today regarding this mbna account from DLC debt collectors ,telling me that they now own my account ,and should contact them by phone [yeah right ] regarding a payment plan .they say they will start reporting on my credit file after 30 days if they do not get an agreement ,i am still waiting for my cca request from MBNA on this account ,what should i do now ? ? send them a letter saying i am waiting a reply from mbna ?

[Deepie]

Re: myself v MBNA advice please

hi i have recieved a letter today regarding this mbna account from DLC debt collectors ,telling me that they now own my account ,and should contact them by phone [yeah right ] regarding a payment plan .they say they will start reporting on my credit file after 30 days if they do not get an agreement ,i am still waiting for my cca request from MBNA on this account ,what should i do now ? ? send them a letter saying i am waiting a reply from mbna ?

I Would send them this...........> Account Sold whilst in Dispute

[davidm]

Re: myself v MBNA advice please

I Would send them this...........> Account Sold whilst in Dispute

shall i delete anything from the letter or send it to the dca as is, mbna have a few days left to comply with the cca, shall i wait till i get a response or send it now ?? thanks for your help