No CCA from MBNA, want to claim back interest... help please

[standingupformyself]

Good evening.

This is my latest mission. After sucesfully reclaiming penalty charges and CI at 24.9% from MBNA, it has been suggested to me that I can now take this one step further.

MBNA have admitted they do not have a copy of my CCA.....


Therefore, they cannot prove the terms etc that we mutually agreed on (allegedly)

Therefore, apparantly it is possible to reclaim all interest ever paid to them..... Interesting??

There is no doubt that I borrowed money from them, but of course this has been paid back, the principal here is under what terms did I borrow the money? What interest rate?

If there is anyone on this site that has any experience of this I would be thrilled to hear from you...

Total interest paid from 2001 to present £3316.08

Look forward to hearing from you xx

[strangewayofsavin]

I Believe that seeing as you reclaimed your penatly charges, for your own breaches on the account contract, would amount to debt acknowledgment. You may wish to talk to Cetelco about it.

[standingupformyself]

Thank you strangeway.... I will talk to Cetelco (is he/she on this site?)

[Paule]

The debt has been paid though hasn't it?

So you acknoldge the debt, but there is no contract available which states the interest to be charged on the monies.

If you owed them money I would advise against, but I think it should be possible to claim interst paid.
The only catch would be, depending on how you claimed your charges, you could be claiming back interest which has already been claimed through the charges.

P

[standingupformyself]

Hi Pkea.... Any idea how I could calculate the interest?

The debt isn't quite paid, but as good as. I am waiting for the statement to come through, I think I probably owe about £100 after my win from them.

I claimed back charges and CI @ 24.9%

[TUTTSI]

Re: No CCA from MBNA, want to claim back interest... help please

Hi Standingupformyself,
How are you getting on......!!

My Hubby is in a similar situation to yours, HSBC cannot provide under a CCA request the true copy of the credit agreement and neither can they supply him with the copy of the default notice that they alledge they issued under an automated system. My hubby has had a default registered against him and he is trying to get this removed.
My hubby feels that is they cannot come up with either of the CCA or Default notice then the default should then be removed. He is also of the opinion that no agreement, they should repay back all the money! but interest would be nice!!
The account has been paid off some years ago and what HSBC are saying is that they now do not come under the auspice of section 77 & 78 of the CCA 1974 as they are now not a creditor.
They are also unwilling to remove the default even though he feels it was incorrectly registered.

DS

[thephoenix]

Re: No CCA from MBNA, want to claim back interest... help please

Hi tuttsi, I assume this is for a previous credit card agreement. If it is, then you can't use s77-79 CCA 1974 as I'm sure it's used for active agreements only.
But..... saying that, due to the default notice being issued, they would have to prove the agreement excisted in the first place.
Do you remember if there where any penalty charges on the account?
that way you would have more leverage in removing the aledged unwarranted and unlawful default notice.

hope this helps a little

[TUTTSI]

Re: No CCA from MBNA, want to claim back interest... help please

Hi tuttsi, I assume this is for a previous credit card agreement. If it is, then you can't use s77-79 CCA 1974 as I'm sure it's used for active agreements only.
But..... saying that, due to the default notice being issued, they would have to prove the agreement excisted in the first place.
Do you remember if there where any penalty charges on the account?
that way you would have more leverage in removing the aledged unwarranted and unlawful default notice.

hope this helps a little

Hi The Phoenix

MBNA
I do believe that there are some charges but not loads. About 10 days ago a full SAR was sent to them and they were also making many harrasing phone calls untill someone gave us the name and email for a Legal person within the MBNA and I emailed this person and all harrassing calls ceased immediatley. As far as I am aware NO DEFAULThas yet been registered, but I know they wereplanning on doing so as well as selling the debt but not with Hubby's permission. The CCA request has so far been totally ignored, so if they cannot produce the true copy of Credit agreement can hubby claim back all the interest.

If they did register a default they will be in big trouble as they had not complied with the CCA request which was issued on 19th August 2007 and the SAR was sent 28th August 2007 and also a default notice would have needed to have been issued under S87(1) CCA 74.

HSBC
It is HSBC who have issued the Default but cannot prove that it was issued this is the closed account and there are are 2 small charges amounting to £30 + Interest, so this could be leverage.

Do you have any further views!!

Thanks
DS

[TUTTSI]

Re: No CCA from MBNA, want to claim back interest... help please

My Hubby has just dug out his old MBNA file and he does not have a copy of the credit agreement, he files everything away so NO there is definately not one so MBNA will not be able to provide it therefore as I see it they cannot collect this debt and at best I suppose he could get the return of ALL interest paid.

Also, during the course of his card with MBNA they changed his account number several times, that means a new card and no agreements were sent. This cannot be good for the MBNA I would have thought.

Any views would be gratefully received.

DS

[thephoenix]

Re: No CCA from MBNA, want to claim back interest... help please

Hiya, I'm glad to hear you put a stop to the phones calls, they can be anoying sometimes....well all the time :roll:
They will have 40 days for your SAR request, so still have a bit of time yet, if they don't respond by the end of the week, best send them a reminder letter and a phone call to Bill Wareing on 01244 672 348. Just mention the SAR request to him and nothing else.
As for the CCA, they have 12 working days to comply, after that time the debt becomes unenforcable until such time as they produce the agreement, together with a court order. Then, if no agreement after another 30 calender days, it then becomes an offence under the said act, if they continue to persue you.
Now the sticky bit, if no agreement is forth coming, then no debt exists, so if no debt exists, It would be difficult to confince a court to pay you any monies owed, from an account that doesn't excist. Don't get me wrong, I believe this unchartered terratory in these types of claims and IMHO they sould pay back every penny regardless.
Under s.85 CCA 1974 it states that a copy of the original agreement should be received with every new credit token (credit/debit card) issued after thr first one, if your second card was issued to you 20 years ago, then you should be intitled to 20 years worth of interest back. You could argue that the limitations act does not apply as they have hiden the fact's from you decived you and acted irresponsably.

thats just my opinion

[peterod]

Re: No CCA from MBNA, want to claim back interest... help please

Thinking of going down this route myself claiming back all interest charged and paid to credit card provider as no CCA with prescribed terms using Unjust Enrichment anyone know if the original poster ever went ahead, and if so any success?