thanks for your good wishes uniboy - this is very interesting stuff guys - at least it shows you mean business

lets face it guys - DJ's - you do really have to show them the difference between an a*se and an elbow. uniboy - I'm about to file also for unenforceability etc so watching with interest - I'm trying to head them off at the pass before they file default. I'm also due to have a baby in less than 6 weeks so could do with a breather from my bullies.

yes, good point standing - leave the account open - CCA s77 and s78 only apply to open accounts

can you supply more info about this oggy1? I'd be interested to hear more about their statement.

this is great dpick - at least your account is most definately in 'legal dispute' now so they will definately not be allowed to enforce the agreement. I'm hoping to file tomorrow for non compliance of SAR and enforcing agreement with no CCA - will watch with great interest

they are still playing slilly buggers and I've put my POC together and I'm going to take them to court to a) reclaim charges, interest etc added to account whilst in default of s78 b) have agreement deemed unenforceable c) non compliance of S.A.R - (Subject Access Request) d) wipe incorrect/unlawful data from credit references I'm sick of these numpties and their unlawful practices

sorry to hijack gill5blue - josie I've put together a POC to take MBNA to court for the same old story as everyone else - attempting to enforce an agreement which has no prescribed terms, is illegible etc etc and has been going on for months and months I'm going after them for a) non compliance of SAR b) reclaiming charges/interest etc they have applied to my account during the s78 default c) court to deem agreement unenforceable d) removal of data from credit reference files Should I include the above info in my my POC - can I accuse them of Fraud?

Send them something along the lines of...

they need to supply the T&Cs applicable at the time your account was opened - not the latest ones - how do you know what you originally signed up for if they can't provide you with these I've been having a disagreement with these numpties since March 07 so be prepared for the long haul on this. I'm interested to hear that they don't agree with OFT guidelines (post 07) can you post up exactly what their comments where on this?

have sent you some info x

hey phantom - pretty much like the rubbish they sent me - totally unenforceable - no t&cs, no apr and no credit limit also if its illegible - then they still haven't complied - they are still in default did you complain to TS?

Unless they can supply a true copy of the original agreement, including all the prescribed terms plus the terms and conditions which where relevant when the agreement began - they can only have the debt enforced through the courts. I recommend you swot up on this area there is lots of info on this site.

have you complained to trading standards? have they been adding interest, etc - if so why not take them to court to reclaim all the charges and interest they have added whilst THEY have been in default of the S78 request? You can also put in your POCs that you wish the court to deem the documentation irredeemably unenforceable agreement re s127(3) - let them stand in front of a judge and explain their actions - once deemed unenforceable you can then have a go at claiming back all your interest.

in theory but you know the regulators aren't bothered - if you go to RTL Home for £8 you can get a report on any company/person who has a CCJ - I've ordered one for MBNA but still waiting for it to come through - will post the info when I have it

mmm, telling lies and deliberately misleading customers - report them to Trading Standards, OFT, FSO and FSA brill news - once you have it in writing you should be able to have it declared unenforceable at court - or they won't wipe it and they will still pursue you!

that's cool go for it!

uniboy - would it be possible to pm me with your poc details - I've sent an LBA and I'm about to issue proceedings dave - sorry to hijack!

yes exactly, in my case, they just keep sending nasty letters and processing data

wednesday - why 24.9%? Is that what they have been charging you? All MBNA cards/accounts have different rates of interest charges - IMHO the compound interest should be reciprocal - so it they have been charging 24.9 go and get them for it. however, if they've charged you 18.9 go for that instead. just my view , go after what you feel you can argue a strong case for best wishes redsue

yes, yes and yes - these cowboys just carry on regardless

I'm still working on my POC but as soon as I have anything to show you I'll pass it on definately - my thinking is that at least you can take them to court for enforcing a document whilst they are in default. Will send you something as soon as I have anything to show you - best wishes

mwillows take a look at my thread I'm after them initially for the charges and interest whilst in default of the s78 request - there is no question that have enforced whilst not allowed to - my aim is to get them into court and have the document then sent deemed unenforceable - I've sent them a LBA http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-4.html#post1015616

Hi Z The reason I'm splitting it (so to speak) is that I have them absolutely bang to rights on this issue. They enforced the alleged agreement whilst they where in default of the s78 request - its there in black and white on my statement. Doesn't matter what the judge thinks/supposes etc etc. They have no defence to this - I have proof of postage of all letters etc. I'm trying to force them into court to then have the pathetic attempt at an agreement deemed unenforceable - once this has happened - I'll then go for them lock, stock and barrel for the rest of the interest and most importantly stop them processing my data. That's my thinking anyway - but if you can offer any advice...

ha ha - for once!

LBA sent to MBNA yesterday In the process of putting together my POC. My local TS have been quite helpful but TS in Chester are dealing directly with MBNA on my behalf... still waiting and waiting... in the meantime MBNA keep sending me nasty letters which I am forwarding onto TS Chester. I'm expecting a default notice to drop through the door any day now. They ARE NOT going to get away with this - I'm 6 months pregnant at the moment so they will feel the brunt of my hormones! :mad: