This is the MBNA letter:
Account number ***************3333
We are in receipt of your request for a copy of your agreement in relation to the above account, validation of your debt and verification under the Bills of Echange Act 1882.
Your credit agreement is regulated by the Consumer Credit Act 1974. Under that Act you are afforded various protections, remedies and rights, including a rigth under section 78 of the Consumer Credit Act 1974 to request a copy of your credit agreement. You can do this by writing to the Customer Advocate Office, MBNA Europe Bank Limited, Chester Business Park, Chester CH4 9QQ and enclosing a cheque for £1 made payable to MBNA Europe Bank Limited.
We are entitled to rely on your regulated credit agreement as evidence that yo agreed to repay the debt incurred under that agreement. As such, it is not necessary to provide any further "validation" over and above this.
The Consumer Credit Act 1974 is the statute that has been specifically designed to regulate agreements between lenders and consumers. By contrast, the Bills of Exchange Act 1882 is the statute that regulates the use of negotiable instruments. Examples of negotiable instruments are bills of exchange and promissory notes. Your credit agreement, and any documents provided to you in accordance with the Consumer Credit Act are not negotiable instruments. It is not, therefore, necessary for us to provide you with any "verification" under the Bills of Exchange Act.
--------end letter from MBNA--------
They go on to refer me to debt advisors. I have sent them letter two in any case see below:
-------letter two to MBNA-------
Mr. Ian O’Doherty
Chief Executive Officer
Bolton, BL11 1BA
CC: Lucy Johnson, Managing Director, Barclaycard, 1 Churchill Place, London, E14 5HP
30th August 2011
Re: Account Number: **************3333
Dear Mr. Ian O’Doherty,
I wrote to you on 10th August 2011 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:
1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.
As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:
1. That the debt did not exist in the first place;
2. It has already been paid in full;
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. You agree to pay all fee schedules.
By: MYAME of the family: MYFAMILYNAME; Authorised Representative
No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.
WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT
-----------end letter two to MBNA---------
It would appear from other posts that they are ignoring this process and saying it is not valid, is that true?
Love & Unity