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Hi,
I have recently received from Link a reply to my CCA request for an MBNA credit card from April 1997. I ran into financial troubles in 2007 and was making a nominal reduced payment until 2012, when I stopped paying. I just wondered - they maintain this is my statement - but I know that the figure was no way near that much at the time of my financial difficulties. Is there anything I can do to 1) find out the real amount owing, rather than fictitious charges added to this account to beef it up and 2) is this all the paper work I should be expecting from my CCA request? 3) Also I notice that on the agreement they have a different address for me than the application form - is that right producing paperwork 8 years later? Any help at all would be gratefully received.... Thanks!
I used this CCA request... 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 this debt has been sold, please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
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. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities
I have recently received from Link a reply to my CCA request for an MBNA credit card from April 1997. I ran into financial troubles in 2007 and was making a nominal reduced payment until 2012, when I stopped paying. I just wondered - they maintain this is my statement - but I know that the figure was no way near that much at the time of my financial difficulties. Is there anything I can do to 1) find out the real amount owing, rather than fictitious charges added to this account to beef it up and 2) is this all the paper work I should be expecting from my CCA request? 3) Also I notice that on the agreement they have a different address for me than the application form - is that right producing paperwork 8 years later? Any help at all would be gratefully received.... Thanks!
I used this CCA request... 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 this debt has been sold, please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
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. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities
which at a cursory glance looks solid. (Often happens with older debts, back when they knew how to keep proper records, the wild west years were 98-2008.)
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