New Member

[golfer76]

Hello everyone I registered as a new member a couple of weeks ago, after much reading on this site this is my first post, I would like some advice on a cca request I sent to Link, I have tried on a number of occasions to get a full and final settlement without any joy from Link, so after reading up on cca requests on a number of sites I decided to send one to Link, if only to see what paperwork they did hold and to see how much I have paid them over the years they have held the debt, they have sent me back what I believe is the application form I filled out when applying for the credit card, also no statement of my account, and what I think is the terms and conditions on page 2.
In the application form under Principal Cardholder’s Request and Declaration it says “Before you sign this agreement you must read Condition 11 in the Terms & Conditions provided. You agree that you consent to us (MBNA Europe Bank Limited) processing, using, recording and disclosing Personal information as defined and described in Condition 11 etc………
When I look at Condition 11 on page two its talks about not increasing the interest rate?
They have also blanked out the top part of page two. Why?
Do they have to send me a statement of all the payments that I have made to them?
What is my response to them?
If I again ask for a full and final settlement will I have any leverage with them to settle?
Any responses I know are for guidance only but I would value your input
File attached of all the paperwork sent back by Link to my CCA Request

Many Thanks

[labman]

Re: New Member

To me that does not look like an enforceable agreement. Not quite sure what they consider as "prescribed terms" in that.

I'd be inclined to send this:

Dear Sir/Madam,

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

[golfer76]

Re: New Member

Thanks for your quick reply Labman

I have a couple of questions if you could answer with your views

1. Do they have to send me a statement of all the payments that I have made to them?

2. If I send the reply you have written, will that help me to get a full and final settlement

Thanks

Golfer76

[Turboman]

Re: New Member

Hi Golfer 76

Welcome to Leagle Beagles

You will get more people reading your query if we move it from here to the appropiate sub-forum which will attract more views

I'll pm Curly for you who is "Admin"

Turbs

[golfer76]

Re: New Member

Thanks Turbs

Do I have to move it or will Curly (Admin ) move it for me also when I log on how do I find where my post is

Golfer 76

[labman]

Re: New Member

There will be a link posted if moved.

As regards your questions, they should send you at least an annual statement. If you want statements from inception, the easiest and cheapest way is to send an SAR. They then have 40 calendar days in which to reply to you. This would include all data held about you, including statements.

As to your second question, no, it would not help in a F&F unless they openly admit not having the original documentation.

[golfer76]

Re: New Member

Hi Golfer 76

Welcome to Leagle Beagles

You will get more people reading your query if we move it from here to the appropiate sub-forum which will attract more views

I'll pm Curly for you who is "Admin"

Turbs

Hi Turbs

Is it possible to move my thread again, I think it should be in CCA forum

Golfer76

[Turboman]

Re: New Member

Hi Turbs

Is it possible to move my thread again, I think it should be in CCA forum

Golfer76

Will pm Curly for you