Hi all
Hope you can help with this. We sent various letters to mbna saying that as far as we were concerned, they had no enforcable agreement as all they sent was an application form. This was in various letters to them throughout 2011. In October they gave up and sold the debt to Arrow Global/Westcot, who wrote a letter confirming this. We wrote back to Westcot saying we denyed the debt as never sent a valid CCA agreement.
All of a sudden,(today, although letter was dated 3 November), we got a letter from mbna, apologising for not replying to our letter of 31 May (although there were others) and saying:
In your letter you have stated we have provided you with an application form. In common with most lenders the application form and CCA agreement are a combined document. The agreement section contains all the prescribed terms which are presented together as a whole as required by the Acr and related regulations.
The copy of your agreement we have provided contains the prescribed terms and the original terms and conditions on the reverse.
Furthermore, section 59 is not relevant as the agreement presented to you was not as agreement to enter into a future agreement, but was the agreement itself which was executed when signed by both you and mbna.
We are confident we have addressed all the issues raised, and as such, we do not intend to enter into subsequent correspondence with you regarding these issues. Mbna europe bank limited are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, there is no need to seek an enforcement order in order to exercise our rights.
What does everyone think? What should be our next tactic? Apart from original Westcot letter, we are still waiting to hear from them.
Many thanks
Hope you can help with this. We sent various letters to mbna saying that as far as we were concerned, they had no enforcable agreement as all they sent was an application form. This was in various letters to them throughout 2011. In October they gave up and sold the debt to Arrow Global/Westcot, who wrote a letter confirming this. We wrote back to Westcot saying we denyed the debt as never sent a valid CCA agreement.
All of a sudden,(today, although letter was dated 3 November), we got a letter from mbna, apologising for not replying to our letter of 31 May (although there were others) and saying:
In your letter you have stated we have provided you with an application form. In common with most lenders the application form and CCA agreement are a combined document. The agreement section contains all the prescribed terms which are presented together as a whole as required by the Acr and related regulations.
The copy of your agreement we have provided contains the prescribed terms and the original terms and conditions on the reverse.
Furthermore, section 59 is not relevant as the agreement presented to you was not as agreement to enter into a future agreement, but was the agreement itself which was executed when signed by both you and mbna.
We are confident we have addressed all the issues raised, and as such, we do not intend to enter into subsequent correspondence with you regarding these issues. Mbna europe bank limited are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, there is no need to seek an enforcement order in order to exercise our rights.
What does everyone think? What should be our next tactic? Apart from original Westcot letter, we are still waiting to hear from them.
Many thanks
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