got a letter from MBNA today and it gos like this
than you for your letter dated 21st september 2011
we are keen to help our customers with any queriies or concerns that they might have regarding their specific accounts with us.while your letters have made several points,most of these appeared to be directed at the banking and legal systems more broadly.as such,your letters do not appear to disclose any material fact or make any claim which is specific to your account.we are not able to comment on the broader issues but do maintain that the balance on your account remains outstanding. In particular:
.your debt has being properly incurred by you under a standard form agreement made between MBNA Europe Bank Limited and you as an individual regulated by the irish consumer credit act 1995.
.under s30(4) consumer credit act 1995,their was no requirement for the parties to sign your credit agreement.instead you received the terms and conditions of your agreement with your credit card and you were informed that signature and use of your credit card signifed acceptance by you of those terms and conditions.
.In return for providing you with a line of credit,you agreed to make the minimum repayments set out in the credit agreement
.MBNA's consumer lending activities are not covered by the bills of exchange act 1882.Rather they are regulated under the irish consumer credit act 1995.As such,we have not "converted" your credit agreement into a bill of exchange or promissory note.Indeed,we would point out that in irish law,credit cards are treated very differently from bills of exchange and promissory notes.See for example,the stamp duties consolidation act 1999(section 124 and schedule 1)
.MBNA Europe Bank Limited is fully licensed,authorised,registered and regulated by the UK Financial Services Authority and the Irish Financial Regulator to carry out its business.AS such we would firmly dispute any allegations of fraud based on our business model.
In light of the above,we confirm that we are entitled to rely on the use by you of your credit facility as evidence that you have agreed to repay any debt incurred under the agreement,AS such we will not be providing any further "verification","validation" or "proof of claim"
what do ye think
whats the next step
im due to send letter 3 tomorrow