MFPA vs MBNA

[mfpa]

Hi. I have 3 credit cards wth MBNA, one just over a year old, one 2 or 3 years old, the third over 20 years old. The long-standing one was Girobank, then Alliance and Leicester, before being assigned to MBNA.

 

All three in arrears - bouts of harassment from MBNA themselves and from GVI, despite agreement not to "outsource" management of my accounts and instructions to delete all record of my phone numbers and only communicate in writing.

 

One account is close to being defaulted (although the briefest default notification I have ever seen - see next posting).

 

Planning to send CCA request for each one tomorrow - I have the postal orders and Recorded Delivery slips waiting.

 

I was going to concentrate on Halifax first, but they signed for my sar 50 days ago and I'm still waiting to hear back. I think they need an LBA for non-compliance with my sar; perhaps also a CCA request for their credit card and their secured loan...

[mfpa]

This has to be the shortest default notification I have seen. They usually run to 2 or 3 pages.

Does not say what they may do apart from issue the Default and eventually terminate the account.

Does not even mention the Consumer Credit Act 1974.

Is this notice legal?

 

MBNA Europe Bank Limited

PO Box 1004

Chester Business Park

CHESTER

CH4 9WW

 

LL *** ***** ****Z*Z ***** **

 

My Name

My Address

 

 

May 14, 2007

 

Dear Mr ******

 

Account: **** **** **** ****

 

IMPORTANT DEFAULT NOTIFICATION

Your Account is now seriously in arrears. Failure to bring your account up to date will result in the registration of a Default at the Credit Reference Agencies and eventual termination of this agreement.

 

This means that for the next six years any potential employer, car dealership or creditor who utilise the services of the credit reference bureau will be able to see the details of this information on your credit file.

 

IT'S NOT TOO LATE TO STOP THIS FROM HAPPENING

all us now on 0800 028 0678 to make a debit card payment. Alternatively, contact us to ensure we can provide you with information to help you deal with your finances, including advice on the action you need to take to stop the Default being registered against you. Please be aware that we also have leaflets available to you that detail your options.

 

Our specialists are available to assist you Monday to Thursday 8am to 9pm, Friday 8am to 7pm and Saturday 9am to 1pm.

 

If you have made payment on the account to cover the arrears in the last three days please ignore this letter.

 

Yours sincerely

 

Dee Dillistone

Head of Customer assistance

 

 

BEU DF 1-1 UK-EN

[Cornucopia]

This has to be the shortest default notification I have seen. They usually run to 2 or 3 pages.

Does not say what they may do apart from issue the Default and eventually terminate the account.

Does not even mention the Consumer Credit Act 1974.

Is this notice legal?

 

 

Hi mpfa, I would send a CCA letter to MBNA, I can assure you they will not have the agreement from the 20 year old account. Send CCA and SAR's for each account (treat them separately) and this will put them into dispute immediately. They can do absolutely nothing until they have complied with these requests.

 

Keep us posted.

 

Regards,

 

Corn x:)

[mfpa]

Send CCA and S.A.R - (Subject Access Request)'s for each account (treat them separately)

 

I was planning to send separate CCAs but just one sar. Is this a bad idea?

[Cornucopia]

I was planning to send separate CCAs but just one S.A.R - (Subject Access Request). Is this a bad idea?

 

Hi again, I would SAR each account separately, get a new folder for each, easier to follow. I know this will cost a bit more but it will help you in the long run.

 

You are already doing CCA's, why treat the others any differently?

 

Get in touch if you have any more questions.......we are always happy to help!

 

Good luck and keep us posted....

 

Regards,

 

Corn x:)

[Cornucopia]

I was planning to send separate CCAs but just one S.A.R - (Subject Access Request). Is this a bad idea?

 

Hi again, I would S.A.R - (Subject Access Request) each account separately, get a new folder for each, easier to follow. I know this will cost a bit more but it will help you in the long run.

 

You are already doing CCA's, why treat the others any differently?

 

Get in touch if you have any more questions.......we are always happy to help!

 

Good luck and keep us posted....

 

Regards,

 

Corn x:)

[mfpa]

They can do absolutely nothing until they have complied with these requests.

 

The banking code says they can't pass details to a CRA if the amount owed is in dispute. The OFT guidelines on debt collection say they must cease collection activity whilst investigating a reasonably queried or disputed debt.

 

Neither of these documents is the law. Does the bank or DCA have to obey them? If so, why?

 

 

 

[mfpa]

Three CCA requests posted today.

[mfpa]

MBNA yet to acknowledge any of my three CCA requests, all of which Royal Mail reports as delivered on 24th May.

 

They are currently threatening to sell at least one of my accounts.

[mfpa]

Received agreement plus T&Cs for one of my 3 MBNA credit cards today. Accompanying note was dated 2nd July but postmarked 4th.

Just in or just out of the 42 days?

 

Will scan it and post here in next few days.

 

On a quick glance it looks like one of the more complete ones, may even be kosher.

 

)-:

[mfpa]

[mfpa]

It looks relatively kosher to me but:-

 

• it is just an application signed while seeing somebody off at the airport.
  
• they claim to have seen my passport as ID, which is not true (and the number they give for it is 6 digits instead of 9).
  
• I don't recall the big blank space near top left of first page.
  
• There is something that looks like a signature in the top left corner of page 2, the page I signed. Nothing to indicate whether that has any relation to the rest of the document or was just somebody doodling.
  
  
• the (undated) terms and conditions are not the correct version: paragraph 3.1 has £25 charges on "agreement" but £12 charges on T&Cs.
   
   
  

 

 

 

 

 

[kennyparkroad]

this looks legit, but not 100% sure.

 

you could argue the passport point, but not sure it would make much difference.

 

anyone else got an opinion on this?

[mfpa]

this looks legit, but not 100% sure.

 

I think it could be but unsure because of the wrong T&Cs, the sig scribbled in top corner does not actually say it is a signature on behalf of the lender, it is an application.

 

you could argue the passport point, but not sure it would make much difference.

 

Don't expect it makes a difference to the credit agreement but probably means salesman defrauding bank by getting commission for an agreement that should not have been set up without the required ID.

 

Still, MBNA have not even replied to my other two CCA requests: even if this is enforceable, it is just one out of three.

[kennyparkroad]

cani suggest also posting this in the debt collections forum, more people seem to visit that than the "subsections"

[mfpa]

Thanks for the suggestion, Kenny. I have posted links to this in various places but that is somewhere I didn't think of.

[diskmandave]

That looks like a very good agreement, and it is signed by representitive; "M Goodridge".

 

Regards, Dave.

[mfpa]

That looks like a very good agreement, and it is signed by representitive; "M Goodridge".

(-; That's not a signature, Dave: it's a printed name (of the sales rep at the airport).

 

I'm not sure if the agreement is missing anything but it is an application and the T&Cs are definitely more recent ones with £12 default charges.

[Perseus]

Unless I'm missing the point, the box is marked x on page one (bottom) completed by Customer (x) No!

Handwriting as far as I can see is the same (M Goodridges hand?) on the application form as is on page 2 'The alleged agreement'

re-inforce your request for the T&Cs relevant at the time under CPR pre-action protocol 4.6c before you consider legal challenge.

 

This one is dubious, could be enforceable, but query the above for sure.

[mfpa]

Unless I'm missing the point, the box is marked x on page one (bottom) completed by Customer (x) No!

Handwriting as far as I can see is the same (M Goodridges hand?) on the application form as is on page 2 'The alleged agreement'

IIRC, the sales rep wrote everything on the form and I just initialled several places and signed where asked.

 

re-inforce your request for the T&Cs relevant at the time under CPR pre-action protocol 4.6c before you consider legal challenge.

Do you mean before arguing that the agreement is legally unenforceable?

 

[Jeff2000]

That looks like a very good agreement, and it is signed by representitive; "M Goodridge".

 

Regards, Dave.

 

 

 

Hi mfpa,

 

 

Yeah it could be enforceable, however I would insist on the correct T's & C's!

 

 

Jeff.

[Perseus]

IIRC, the sales rep wrote everything on the form and I just initialled several places and signed where asked.

 

 

Do you mean before arguing that the agreement is legally unenforceable?

 

Absolutely, the T&Cs provided are not what you made any alleged agreement on - they are now varied and do not comply with your request for the original true copy of the executed agreement.

I think it will be a struggle to render this unenforceable personally.

The so called signature of execution from MBNA is computer or stamp generated.

How can it be determined to have been for and on behalf of them at the time of execution.

[mfpa]

just occurred to me that I can't see anything about payment protection insurance

[mfpa]

MBNA are now threatening to apply to the court for a charging order on my flat in respect of one of the accounts for which they have not replied to the CCA I sent in May.

 

I'm planning to send them this letter posted by Cornucopia.

 

Any thoughts?

[Jeff2000]

MBNA are now threatening to apply to the court for a charging order on my flat in respect of one of the accounts for which they have not replied to the CCA I sent in May.

 

I'm planning to send them this letter posted by Cornucopia.

 

Any thoughts?

 

 

Hi,

 

 

Do you have a CCJ for this account?

 

 

No CCJ, no charging order!

 

 

Jeff.