OK, not been on here. 0ptima legal are the solicitors. Been away a lot and not had time to deal with this and the Allocation Q needs to be in TODAY! I might really be in the **** with this. Just spoke to their legal begals and she is categorically saying Ill be charged court costs aswell (£5k). Ive just offered a payment. I cant believe the FOS said that their claim was all above board and the timescales all ok. W@nkers. So, I tried calling the court, to help fill out the AQ, but no answer. Really panicing now. If you hadnt guessed...

OK, got court papers today. Following on from this thread: http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a.html GOt to be in court next month and dont have a bloody clue what Im gonna do! Anyone local in the know who can help me out? Im in North East Essex

OK. UPdate. I got Court papers today More info once Ive consoled myself a bit.

I havent done anything with TS - seeing as they seem to be useless in these cases. FOS are the only people Ive dealt with. And i havent listed anythign at court cos of this... Anyone got a contact in the ICO????

Take a look at the latest posts on my thread... Mines being going since 2/1/07! http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a-2.html

OK, VERY nasty letter today. Entitled 'WARNING' "You are hereby notified that we may authorise collection agents to visit your home in order to interview you regarding repayments to your credit card acctount. Unless you contact MBNS within 7 days of the date of this, you will leave us no choice but to consider taking one of the following actions:" We may issue Court Proceedings againmst you for outstanding debt owed and if we are successful in obtaining a County Court Judgement then we may apply to the Court for an Attachment of Earnings Order or, if you area resident in Scotland, a sheriffs court decree is entered against you and we may apply for an Earnings Arrestment. Register a Default on your credit file, which will affect your ability to obtain credit in the future. Collection agents visting your home. Please contact us immediately on 01244 679830 to prevent this action from being taken" So I called em! Spoek to some Irish woman. She gave me the number for a woman (Joanne Johnson) that I have sent correspondence too. Called that number and she aint there, but she called me back. bascially she said that they sent me a final response already in May and that its now in the hands of the FOS. She maintains that the acct is now 7 months in arrears and that I should have continued making the payments. She wouldnt listen to me- as soon as I tried to tell her somethign I got blocked out and she threatened to terminate the conversation. What am I gonna do now then? Forward this to the FOS aswell? When I called them at the end of July they said it would be a minimum of 3 weeks til they looked at my case due to the work load theyre under at the mo. Answers on a postcard please...

Sorry mate, I need a quick response so posted here aswell for extra 'coverage'

Hi peeps, Well, MBNorthAtlantic have now put a THIRD missed payment on my credit file whilst the battle of the CCA goes on. In my last letter to them I wrote: So now I need to go about putting them on notice at court but am a little unsure how to . Can anyone help me please? Thanks in advance. FS See the full thread here: http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a-2.html

Right, need some urgent advice. In my last letter to MBNA, I wrote the following: Guess what? Yep! theyve put a third missed payment on my credit file!!! So, I need to know asaFp how exactly I go about putting them on notice at court. Can anyone help me please??? Thanks FS

No news as yet! I guess its about time I opened up another can of Whoopass

You best check my threads in the MBNA section.... You might as well get comfy, cos they dont play ball very well. Took me4.5 mths to get a 'decent' response out of them, but still not satifying the CCA request! Charging interest and requesting payments all the time, threatening DCA etc. They have logged two missed payments on my credit file now too. Joy oh Joy!

Hmmm, OK. Ill let you know what I get back then I guess

Well, the letter is going off tomorrow, inlcuding putting them on notice about the late payments on my credit file. The FOS are involved now too...

The letter is going off tomorrow. Along with the FOS complaints forms (CCA Req and PPI)

Any more comments please guys???

Miss Piggy (geddit!) yes, a mate who has slightly less to do than I have has pointed me a few times with the general grammar etc. he says I should take out the little quips and snide remarks tho

If you re-read it, the arrears were form last year and the acct was not in dispute. I payed it off so that at the time of it entering into dispute, it was CLEAR and in order. I did this because I ddint want any more trouble wrt debts arising.... As it is, theyre not playin ball very nice!

Becasue at the time it was (and it may still be the case if they come up with the correct papaerwork) an enforceable debt!

Trading Stds told me yesterday that they dont get involved in Credit Cards... They advised liaising direct with the FOS

Guess what? Another missed payment placed on my credit file..... And some new mail aswell! Offering me a partial settlement!!! Can you all please check my thread at your earliest convenience, particularly the letter I just posted which needs to go off to them asaFp! many thanks in advance http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a.html FS

OK, here's the letter Ive bashed together. Can you all please comment asap as I need to get this out today, if not tokorrow! Edit: Not sure what went on with the bold font... Ill sort that before it goes off! Dear Ms Johnson I am in receipt of your letter dated 9th May 2007. I apologise for the delay in responding but I have had some personal issues to deal with in the mean time. Firstly I thank you for your copy of the agreement. I would point out that this does not conform to the agreement regulations 1553 via section 60(1) on several accounts, and is therefore improperly executed as per 61(a), this alone renders the agreement unenforceable without the order of the court (section65). Furthermore as per section 127 (3) any agreement not complying with section 61(a)via section 65 in as far as it does not contain the debtors signature and prescribed terms is unenforceable. Resultantly i will be making no further payments on this account I am concerned that a licensed lender such as yourself appears to have so little knowledge of what a CCA Sec 78 request should contain and of the rights of the consumer. I should not have to advise you what a suitable response to a CCA Sec 78 request should be. Suffice to say that yours does not meet it will do. I have supplied the relevant sections for your viewing on at least two occasions. The ‘copy’ you sent me is what appears to be a ‘Priority Application Form’. Nowhere does it state the credit limit, the APR, the monthly payments at the time. There are no terms and conditions with it relevant to the date. I can apply for anything. It doesn’t mean to say that I would be permitted it though. i.e. Although you have a copy of the Application Form, it does not deem that I was accepted on that occasion. You go on to state about the direct debit commencing and signed by me in February 2000. Why is it not that this was completed at the time of signing the application form??? I will now address the further issues you raise in your letter. The request for the true signed copy of the original agreement (Consumer Credit Act (CCA) 1974, Section 78) was submitted by me to you on 2nd Jan 2007. Following MBNA’s failure to supply the requested information (after 2+ 12 working days) MBNA defaulted on 23rd January, 2007. As a consequence the account was in dispute from this date. As you will be aware if an account is in dispute the ‘agreement’ remains unenforceable,. This is all clearly stated in the CCA. You are not entitled to enforce the agreement. This means that everything that the agreement consists of (adding interest, requesting payment and (in the event of arrears/non payment) employing Debt Collection Agencies for collection of the debt and also placing adverse history on my credit file. Once the further calendar month had expired, you (MBNA) had then committed an offence which is punishable with a fine determined by the courts. You must excuse my naivety with some of the previous letters. I am after all a mere consumer reading and interpreting the CCA with help and advice from fellow consumers on the internet. So I apologise if there were errors in my previous communications. You state in your letter, “Direct Debit payments were collected from your account in February and March 2007 in accordance with the mandate opened on 29th February 2000. This instruction was not automatically cancelled late last year (it is evident from your statements that payments continued to be collected), nor were two consecutive payments rejected by your bank.” I find this part of your letter particularly amusing. How did I know about the ruling of the two consecutive payments automatically cancelling the Direct Debit Mandate you may ask? Because MBNA informed me early 2007 when I had a call from the arrears department regarding the amount owed from late 2006. I suggest you look more closely at the statements. Yes, the payments went out according to the statements, but on the following months statements the words ‘UNPAID DIRECT DEBIT’ and ‘RETURNED PAYMENT FEE’ (with a £12 charge I might add) are inserted, as well as the interest charged for that month etc which indicate that payment was sought, but did not reach yourselves due to insufficient funds in my bank account. I made reference to this in my letter of 24th Jan 2007 to Ms Brassil Poole when I wrote the following: “I am today in receipt of your letter dated 19th January 2007 regarding the account being in arrears. I have had a telephone call from a call centre in Asia (judging by the accent!) requesting that I make the payments to the account to make it in order. I made it clear to the advisor on the phone that the account was in dispute. She advised that I contact customer services. I called the number on the letter received today (0800 028 0687). I then explained the situation to the advisor (an English centre). She said she was aware that the account had notes on it, but that there were not any notes of the account being in dispute. I think I must refresh your memory…” It continues… “However, as the account was in arrears prior to the 21st January 2007, I enclose a cheque for the outstanding amount of £xxx.xx. This cheque payment will bring my account up to date, but as I say, I consider the account to be in dispute from 21st January 2007 until I receive a true copy of the original credit agreement.” The amount I made the cheque out for was for the arrears on the account. If the Direct Debits had gone out as you state then the account would not have been in arrears! The application form you have sent me contains a copy of a signature box signed by myself dated 14th March 1998. So it would appear that the direct debit was not set up at that time. As previously stated, whilst the account is in dispute you are not permitted to enforce the agreement. So naturally, I assumed that MBNA being the huge reputable company that it is would have prior knowledge of this and was amazed when the payment of £xxx.xx was taken using direct debit from my bank account on 2nd February 2007. As I said in my letter dated 13th March 2007, “I noted that you collected a payment via direct debit on 2nd February 2007 when you were a) not entitled to it as the account was in dispute and b) you had previously stated that the Direct Debit payment method had been cancelled due to two consecutive failures of this method late last year (automatic cancellation). Following this, I went to the bank and cancelled the direct debit for MBNA to ensure no further monies were taken.” You refer in your letter to the Direct Debit Terms and Conditions and the fact that the payee is to give at least 5 working days notice in advance of intention to cancel the payment due date. You were notified on 2nd January 2007 that if you did not meet the CCA request criteria within 14 working days no more payments were to be requested from myself. I think that is more than ample notice that I would not be making any payments if the CCA Sec 78 request had not been satisfied. Requesting payments is an offence. Please do not request any further monies. I have been threatened with Collection Agency action if I do not pay the ‘arrears’. This action is an offence. Please refrain from such action. I note from my Credit File (via Experian) that you have now placed two ‘missed payments’ on my file. Again, this is not permitted whilst the CCA Sec 78 request is not satisfied. It is an offence. Remove this from my credit file within the next 14 days and refrain from placing any others on my file. Please accept this letter that I am putting you on notice that in advent of any adverse reporting while MBNA are at fault I will issue a claim at court to get any adverse credit history that has been added by yourselves removed. I will also ask the court to order production of a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by me in respect of this alleged debt. I have given MBNA more than enough time to comply with the CCA request, the timescales of which fully expired on 23rd February 2007. As I stated in my letter of 13th March 2007, “I am now in no doubt that MBNA have little respect for the law and the CCA 1974 along with its content. I have no choice but to inform the relevant authorities of the way that I have been treated and the way in which MBNA are running their (very profitable) business.” By your actions I have been left with no alternative but to report you to the following: Financial Ombudsman Service (please see attached complaint form) Financial Service Authority William Wareing – Senior Legal Assistant MBNA Michael Rhodes – CEO MBNA Sally Moran – Head of Customer Assistance Department – MBNA Patricia Brassil-Poole – Head of Customer Assistance Department – MBNA Dee Dillistone – Head of Customer Assistance Department – MBNA (I’m not sure how you can have THREE Heads of Department or if you have a high staff turn around…) All of the above will be sent a copy of this letter and the information relevant to the request and your responses. I have just spoken to the legal department (Wayne) so they are expecting correspondence from you on the matter. Wayne also went on to say that in some cases, the Judge has deemed the agreement unenforceable, but had deemed the agreement payable on another count. He would not divulge the exact case(s). Can you please forward me a copy of case citation(s) of which he spoke. I have approached Trading Standards on this matter and they replied with the following, “Based on the information provided, it appears that MBNA have failed to respond to your Consumer Credit Act 1974 S.78 request. You may consider sending MBNA a recorded delivery letter headed with the Consumer Credit Act 1974 S.78, outlining everything to date and making ‘time of the essence’ to resolve the matter within a set period of time (e.g. 7 working days). Attach a copy of your first request. It is worth retaining copies of everything sent for your records. If MBNA fails to resolve the matter within this time period, you may wish to contact the Financial Ombudsman Service -www.financial-ombudsman.org.uk or tel. no. 0845 080 1800 . The FOS has been set up by law to help settle individual disputes between consumers and financial firms. They consider complaints about a wide range of financial matters”. I then spoke to them again regarding sending you a ‘time is of the essence’ letter and as the timescales are now beyond anything that is within the CCA Sec 78 request. As the matter is somewhat out of control, they advised me to liaise directly with the Financial Ombudsman Service. One other matter that the Application Form has brought to my attention is the PPC Payment Insurance. Not only do I not remember taking this out at the time but when I had a period of unemployment due to forced resignation I requested payments be frozen due to the fact I had NO income. The request was declined. It was informed that I was already making the minimum payment on the account. I should point out that I have since found out the way in which my former employer dealt with my leaving the company was not a suitable way of dealing with the situation and that I had a good case of unfair dismissal). I am now requesting that all payments made under the ‘PPC’ are refunded in full with interest at commercial rates at 8% APR. I request that you make a formal offer within 14 days. If I DID actually take out the PPC I believe I was miss sold it. Since the arrival of your letter, I am now in receipt of two more letters from the Head(s) of Customer Assistance Department on 1st June 2007 (from Sally Moran) and 11th June (from Dee Dillistone). I have not corresponded with either, but hopefully this letter will satisfy their requests for me to contact them. I would also like to take this opportunity to thank MBNA for the cessation in daily calls from Global Vantedge. Yours....

I had a similar thing with MBNA (I think, could have been RBS). I wrote to the creditor highlightling the continued breach of the CCA request. I also wrote to the DCA (in my case) who was askign for the arrears and copied it in the letter to the creditor. I also had calls from DCAs and when I explained that the acct was in dispute they were very understanding and did not persue me any further. THey actually wished me luck!

Thanks Josie. The letter is just getting longer and longer! Up to 5 pages now!

Just re-reading the thread... I already HAVE a missed payment listed on my file thanks to MBNA. Never had one on any of my credit history before! I have asked them to remove it in the next 14 days in the letter (which Ill put up when Im happy with it) - do I ask them to remove it in 14 days or I will issue a claim in court for them to remove it?

OI! Get in the queue!