Advice Please. MBNA (Alliance & Leicester) Credit Card

[banker_rhymes_with]

Hello KAR!

 

Imagine getting that Letter without the people here on CAG behind you to help you re-acquire your focus?

 

It's all the poor souls out there who are all alone and being threatened by these bankers that I feel so sorry for. People who do not know about CAG, and have no idea how very wrong these bankers can be.

 

Such a letter would've no doubt had the desired effect...out comes their Debit Card to placate the banker, thinking they are reasonable people.

 

Glad it helped.

 

Cheers,

BRW

[KAR22]

Hi BRW,

 

I know exactly how I would have felt prior to finding this site and yes you are probably right in saying that the debit card would have come out.

 

I've had yet another call from them tonight and really couldnt be bothered arguing that everything must be in writing, so I told them I wasn't in .

I'm not convinced that employees of MBNA have a basic grasp of the english language, how difficult is it to understand 'I WILL NOT ACCEPT TELEPHONE CALLS, PLEASE CORRESPOND IN WRITING ONLY'

 

I'm not the sort of person that likes to walk away from my responsibilities but given the opportunity to do so with MBNA, I most certainly would.(stopping briefly to turn around and stick two fingers up and blow a very large childish raspberry)

 

Thanks

 

KAR

[steven4064]

KAR

 

are you keeping a log of such calls - date, time, agent calling?

 

If not, plese do - see http://www.consumeractiongroup.co.uk/forum/mbna/152149-volunteer-wanted.html

[Multay]

Hi there,

 

I'm going through this with A&L at the moment...I got the "it's a proper agreement" letter with similar wording but mine was from Jayne Bevan, she's head of customer service too!!! Must have a few of them????

I'm not sure how to post my thread on here but if anyone would care to take a look I would be eternally greatfull...

 

And I'm subbing to this one...Coz MBMA haven't got a leg to stand on and they know it...Will be interesting to see how far down the road they go though...

 

Cheers,

M

[steven4064]

I'm not sure how to post my thread on here but if anyone would care to take a look I would be eternally greatfull...

Here you go http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149157-l-enforcable-agreement.html

 

 

(For future reference - all you do is copy th epage address from the address bar of your browser and paste it into the post)

[Multay]

Thanks very much Steven...

 

Anyone fancy having a quick look and letting me know what they think to the agreement?

I would be interested to get as many opinions as possible really..

 

Thank you...

[steven4064]

Multay

 

I've replied on your thread

[KAR22]

Hi Steven,

 

I have been keeping vague notes on the calls that I have received but they stopped until recently. I shall now keep comprehensive notes on all calls that I receive from them, however, I have today sent them an email to remind them that everything should be in writing (not that it will stop them I'm sure).

 

Just out of interest, have you had many volunteers? It sounds like this idea could be a winner, wouldn't it be nice to think that some of the head honcho's of the banks are made to take responsiblilty fortheir staff making these harassing calls.

 

Many Thanks

 

KAR

[steven4064]

Not many volunteers yet since no-one seems to be keeping records

 

Note to all readers of this thread - if you are getting lots of phone calls from any DCA, bank, credit card company or whatever, keep detailed records - date, time, name of agent - then you can take them to court for harassment

[banker_rhymes_with]

Yes, and you MUST get Full Names of the people Harassing you.

 

The Police are interested, but they say that they can't prosecute a Company.

 

They need Names.

 

Lots of different employee Names means we can add them together and get a Director or CEO in Court.

 

So, if you must pick up the Phone and speak to them...get a name before hanging up!

 

Cheers,

BRW

[KAR22]

Hi all,

 

Well, today is the 40th day and guess what arrived by special delivery, yep, the S.A.R documents. I'm a little concerned because they have not provided all the information that I requested, I asked for it to be treated as a full S.A.R not just details of the last 6 years charges. They have provided details of charges for the last 6 years but checking against the statements that I have I have already found a couple of the charges missing from their print out! They have also informed me that they were unable to retrieve any information for 2 months in 2003. As they have not provided me with everything from the date that I opened the account can I request that they do so? Would they have all the information as the card was originally an Alliance & Leicester cc?

 

There is one good thing though, they have still not provided an enforceable agreement. It is slightly more legible than the one they originally sent to me but not by much and there appears to be no prescibed terms on it at all.

 

I'm not quite sure what I'm going to do next, I think I can afford to wait a little longer until I decide my next course of action as I didnt get any charges until 2005. I dont want to leave it too long though as I'd like to get the whole thing sorted, its a hassle that I could do without at the mo to be honest.

 

KAR

[steven4064]

You could always send them the DPA non-compliance letter from the bank templates library

[KAR22]

Thank you Steven, letter typed and ready to go!

 

KAR

[KAR22]

Hi all,

 

Got the reply to the non compliance letter today. Apparently MBNA do not have to keep records any longer than 6 years as the data protection act states that they dont have to! I was under the impression that they should be kept for 6 years after the account is closed. Did i get this wrong?

If this is the case then am not sure what to do next.

 

From the info they have provided me with I have paid back about £1500 more than I have spent on my card. As I cant go back any further than 6 years it could be more or it could be less.

The charges applied to my account over the last 6 years work out to be about £500 (including interest) and this will not cover the outstanding balance.

 

Any ideas for my next course of action?

 

They cant supply the info that I need and are saying they have satisifed the CCA request (although they have still not provided an enforceable agreement)

 

Are MBNA really this incompetant?

 

KAR

[KAR22]

Oh, forgot to add that it looks like the account has been charged off as of the end of last month too

 

KAR

[banker_rhymes_with]

Hello KAR22!

 

If this is the case then am not sure what to do next.

 

I wouldn't worry too much about doing anything. The key points have already been outlined, they have no Enforceable Agreement, so there is nothing that you need to do.

 

Sit back, and just wait to see what mistake they elect to make next!

 

Keep logging those Harassment Calls, File all Harassment Letters (keep all Envelopes too), and that's about it.

 

Are MBNA really this incompetant?

 

No, they are worse, much worse!

 

If you need to remind yourself to stay strong and resolute, just keep looking at those Accounts, and keep focussed on the fact that you have Paid them more than you have Spent over the life of the Card.

 

What they want from you now is effectively the cumulative Total of all their Interest and Payments.

 

No Agreement?

 

Well, then they never had a Right to charge that little lot, did they?

 

If a Judge ever asks you if you spent that amount, you know in your heart and mind that you most certainly did not!

 

Any argument now is about their Right to make you Pay for all of their inflated Interest and Charges...and that's just the Lawful ones!

 

Just keep in mind that if they ever try to haul you into Court, never lose track of the fact that they are only after their Charges and Interest. The Accounts show that you have Paid back what you Spent, so it's not about that at all.

 

The second anyone else comes along, DCA or otherwise, get ready to hit them with their very own CCA Request, Harassment Warning, Do Not Visit Letter and a clear statement that the Account remains in Dispute with MBNA.

 

If the MBNA had no Enforceable Agreement, then neither will anyone else.

 

I hope this helps.

 

Cheers,

BRW

[leroy953648]

Let me put away my violin......

 

Right.... No Offence to you guys but.......... Ive noticed alot of you have bad debts (or just dont want to pay them) and to me it seems as tho your trying to get a free ride. If you signed up for a loan, CC, Hire purchase whatever..... then its up to you guys to pay off that debt! The banks etc. tell you whats expected of yourselfs and all the intrest you must pay and you obvioulsy agree, otherwise they wouldnt give you credit. I have had debts myself and have struggled to pay them but i have paid them (though hard work and alot of overtime). I learnt that nothing in life is free and its a lesson that you guys might what to learn.

 

I dont see that its fair that you guys see a little loop hole in the law and abuse it. Yea the banks etc might right off the debt, but the other person along the chain has to suffer though higher charges etc. Its like shoplifting....... somebody else has to pay along the line.

 

Sorry to preach, but i have no sympathy.

 

You should do the right thing and PAY YOUR DEBTS

[banker_rhymes_with]

Hello leroy953648!

 

...and which bank or DCA do you work for then, exactly?

 

Nice of you to drop in and grace us with a hefty dose of Troll opinion, but could you take it somewhere else please like, say, your Staff Canteen?

 

You'll find plenty of mates there who will agree with you...but your biased opinion is neither appreciated nor appropriate here.

 

Cheers,

BRW

[leroy953648]

...and which bank or DCA do you work for then, exactly?

 

Hmmmmm.... I Dont work for a bank or anything of the sort.... So to take my opinions to the "Staff Canteen" would'nt work!

 

And as for being biased your wrong!

 

I have left my opinions on a forum which is open to comments of all kinds (credit and debt related)

 

No doubt some of the members on this forum have been hard done by...... but thats though no fault of anybody else but from there own actions.

 

I have a point, i want to voice it, so there!

[angel_1]

oh Banker, you just beat me, ive subscribed and you ve read my mind, lol

 

oh sharp and sweet!!!

 

my question was going to be hello leroy, can you help me ?

can you find my mbna cca copies ive been promised since april 2008 and then i will pay my bill - i do want to pay and have been paying but i still want my cca, get it, just for the information on it, honest!

 

dont get us all wrong, we do want to pay correctly

 

have a fun day banker, Ciao to all - MAZ

[pt2537]

 

I have a point, i want to voice it, so there!

**YAWN** if i had a pound for every time we had one of these posts.....

 

thanks for bringing this to our attention, its nice to see that there are people out there genuinely concerned about the banks and DCAs, unfortunately, i think your in the wrong forum cos there aren't many of them in here

 

however, we do have lots of people who have been THROUGH NO FAULT OF THEIR OWN!! badly treated by the banks and DCAs and have a legitimate right under LAW to dispute their debts and im sorry but theres very little you can do about it on here

 

if you have a problem with people using the law to enforce their rights, i suggest you lobby your MP or better still write to Parliament to object, im sure they will amend the law for you

[KAR22]

Hi all, havent been around for a little while due to family commitments etc but thought it time for an update.

 

I have now received the letter from the DCA saying they have bought the right to collect the debt and that they want me to contact them by a certain date to discuss IMMEDIATE repayment of the outstanding balance!

 

Do I now start the whole cca action again and is there anything else that I should request? Do I also tell them that the debt has been and still is in dispute with MBNA?

 

If the answer to the above is 'yes', is there a template letter that I can send or rehash a little or do I use the original cca request letter? Also is there anything else that I should be asking for such as a deed of assignment or do I treat this letter as such.

 

Many thanks

 

KAR

[Multay]

Here it is...I think this is the one you are looking for, may need a tweak or two though...

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

 

(courtesy of CB)

[ladybird17]

so leroy, if you moved house, and then some way down the line, you found the contract hadn't been drawn up correctly and therefore it wasn't your house, it was still the previous owners', and they said they wanted it and they kicked you out, you'd be ok with that would you? Oh and you wouldn't get any of your mortgage payments back either, even though you shouldn't have had to pay them in the first place because the contract was unlawful and you actually owed nobody anything. So when you found out the contract was incorrectly executed up and stopped making the mortgage payments, and a year down the line the mortgage company has added thousands and thousands on in interest & charges and arrears fees and now they're pursuing you and threatening you with all sorts, and you say BUT THE CONTRACT WAS NEVER EXECUTED SO I NEVER OWED YOU THAT MONEY, AND I NEVER OWNED THE HOUSE, but they say, tough s**t mate, give us the money even though we're not lawfully entitled to it.....you'd be ok with that too?

[angel_1]

hiya all

 

i think leroy has gone on his holiday, no more points to give out,

 

i know that he has as much right as everyone to say what they want to say, but be humble with it leroy and you may just get someone to take you seriously

 

BTW if you know anyone at mbna, their 12 days are up, my cca better be on my mat tomorrow morning if not , oh ill see what the legal books says,

 

will go and update my mbna thread tomorrow for the next bit of advice everyone,

 

good night and thanks ciao maz