Getting MBNA before they get Me!

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

Hi BRW, you seem to know what you are about, so I will jsut answer the questions that I can:

I'm looking now for a suitable CCA Request Template Letter, and will get that off ASAP.

there are some templates somewhere on the site bit I can't fond them ATM. You don't really need a template - it's quite straightforward. Quote the account number as the reference and then say, "I request a copy of the executed agreement for the above account under s78(1) of the Consumer Credit Act 1974. I also request a copy of the statement of account under the same section of the Act. Please note that the statutory period for you resonse to this request is 12 days. I enclose the statutory fee of £1. Yours...".

Can you please advise if sending the CCA Letter will in itself put the Account technically into Dispute? Or is that only the case after they fail to supply a CCA within the 12+1 Days?

In principle I think the CCA letter should do it. However, many companies don't seem to cotton on to this. If you send the letter to a DCA acting on behalf of the original lender, they are supposed to sed the request to the lender and stop collection activities. This usually happens (but not always). Certainly, though, after 12 days the account is in dispute.

In terms of Document Delivery, do you have any thoughts on using a Carrier rather than the Post Office to Deliver key Letters? Only asking, as it would be much easier for me to use our Carrier, as I can then have the Letters picked up, and then Track the Letters on-line and see Proof of Delivery (P.O.D.) Signatures when they get there.

No problem with that. These companies are usually more reliable than Royal Mail. In my expereince, about 30% of letters sent recorded delivery never show up on track and trace and no proof of delivery ever materialises. In a large number of cases, I have only been sure that a letter has arrived because I got a reply.

I think I would prefer to Pay the £1 CCA or £10 for Subject Access Request (S.A.R.) via some accountable means, like Cheque or BACS, but don't want to hand them a Signature on a Plate, or provide additional Banking Details they can investigate and exploit.

The problem is getting the payment attached to your letter unless you make the payment and then send the transaction number as you suggest lower down. IMHO, postal orders are the best. Make sure you write enough on the back so that, should it become detached on arrival, they will know where it belongs. I had a problem with Goldfish whose mail room sem to remove postal orders and cheques to a seperate pile and then no-one knows where they should go.

I'm thinking of adding a Signature Box on my Letters, such as a tint with words to make it hard to Copy or Scan any Signature signed over that, to prevent them from using it elsewhere....

You could do that or just print your name on the letter and sign over it with a different colour pen. Anti-aliasing in any scan should make the 2 virtually impossible to seperate.

I'd also like to see when the £1 CCA Payment clears, which I do not think is possible with a Postal Order, although I have not used a Postal Order in many years. They may now show when they have been Cashed via some on-line means?

Not that I know of.

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

The 12 days is not negiotable because it is the law

 

have a good weekend yourself

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

On the credit lime prescribed term, most CC companies seem to get away with something like "your credit limit will be sent to you"

 

I am going to check about the prescribed terms being on the back. I'l get back to you.

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

Thanks BRW, that's exactly what I understood from what you wrote above. I'll post again when I have a second opinion.

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

BRW

 

Remember that the regulations apply to the original not the copy. The thng I want to check up on is whether being printed back-to-back satisfies the requirement that "the prescribed terms must be within the agreement document itself and cannot be contained in a separate document". I don't think so, but I just want to check.

 

An application form is void anyway under s59.

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[banker_rhymes_with]

Deleted...

Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

Hi BRW

 

You mustn't enjoy it. Stop that now (presumably, you have been following this thread)

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[banker_rhymes_with]

Deleted...

Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

BRW

 

As you rightly say, you only need 1 SAR as it's the information on you that they have to divulge not on the account. Simply put both accountnumber on to help them out a bit.

 

What alanalana says is perfectly true (it is effectively what the DPA says). Getting them to comply though (ie being adamant) can be extremely hard work.

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[SteveH2508]

BRW

 

I think you give MBNA too much credit! (not the sort of credit defined in CCA74)

 

Their admin is a complete shambles.

They are anatomically challenged - a*ses and elbows are a complete mystery to them.

Much B*llsh*t No Agreements

Muppet Bankers Numpty Administrators

(I'm sure there are many other 4 letter acronyms we could come up with)

 

kinda sums them up really.

 

1 S.A.R will give them more than enough headaches to deal with. They do not seem able to get two people together to get two braincells working in the same direction.

 

Look at the number of Vice-Presidents/Managers of this that and the other that they have.

 

Any organisation which sends out pictures of pink pigs has a fundamental problem with their organisational culture!

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

That is very worrying. MBNA seem to think that the law doesn't apply to them. THey need to be taught that it jolly well does:mad:

[banker_rhymes_with]

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Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[banker_rhymes_with]

Deleted...

Edited July 4, 2010 by banker_rhymes_with
Too many Trolls on CAG, too little support to fight them.

[steven4064]

Automation is a wonderful thing. In the olden days both they and you would have had to employ actual people to do all this. Well done

[SteveH2508]

According to them it costs at least £12 a time. What an expensve machine!

 

I suspect the machine has more intelligence (artificial or otherwise) than the usual MBNA drone/Manager/Vice President - hence the exorbitant cost.