Mbna Cca - Is This Enforceable Please

[Rahl]

You should welcome their proposal of a visit, encourage them to make it happen . Turn the tables on them, let them spend money on time and petrol to get to you as often as they like , see who blinks first .

[ODC]

Hey All!

 

Im an employee of NCO. New to the business, and to be honest, i dont like the way they work.

 

"MR GREEN" is a fictional name. The purpose of the calling cards is to scare people into calling up and paying their arrears (whcih range from 5 days overdue, to years). As you may have noticed, the card is worded quite cunningly, as someone has pointed out, it purely means a phonecall, which is my endless task.

 

Dont get me wrong, the guys i work with are lovely, but we're all in the same boat of trying to make ends meet. And if we dont collect enough money, we're retrained until we are blue in the face.

 

This isnt my career, and i dont particularly like what i do, but it beats prostitution (just about)

 

If anyone needs advice on how to deal with us, i'd be more than happy to help!

 

In writing only or else through a medium!

[citizenB]

Would someone please be kind enough to merge this thread with. Thank you xxx

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135548-help-please-my-first.html

[Bigmac versus]

Threads merged.

[citizenB]

Threads merged.

 

 

Thank you xx

[star_scream]

Just looking at the scanned images of the CCA from MBNA. Doesn't the second page ( ie the back page) have all the prescribed terms on?

[cashins]

For agreements prior to (march 2005 I think it is) the proscribed terms have to be in part of the signature document, not seperate. There is a House of Lords ruling to this effect.

 

Those terms & conditions are from a later date and were never part of the original.

 

I have just CCA'ed MBNA on a '98 agreement and got the original ag, along with the T & C's identical to these.

 

Mine was a leaflet application!!

 

I think MBNA must be working to the old adage 'Bull**** baffles brains'.

 

David

[steven4064]

A coleague has just poipnted out that the relevant section (127(3)) of the CCA 1974 says

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

A judge might decide that an application form with the prescribed terms on the back (which some MBNA application forms do) was actually enforceable under this section.

[cashins]

Have to take my chances on that, but what I do know is it didn't have anything like they sent me.

 

David

[citizenB]

A coleague has just poipnted out that the relevant section (127(3)) of the CCA 1974 says

 

 

Quote:

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

A judge might decide that an application form with the prescribed terms on the back (which some MBNA application forms do) was actually enforceable under this section.

 

 

Oops.. !!.. I have sent another letter off to MBN, suggesting that the documents they sent dont comply and please send me the correct ones. .. Ah well, lets see what happens next

[steven4064]

A properly executed agreement should have the prescribed terms and signature (and name and address) on the same side. However, the is the possibilty that a judge might enforce an application form if it has the prescribed terms on the back.The question is, will MBNA take the chance? If they get it wrong they will have comitted an offence under s78(6) of the CCA 1974.

[citizenB]

Thanks Steven4064. I will see if I get a response from the letter I just sent them and take it from there xx

[steven4064]

You may want to look at my post here as well http://www.consumeractiongroup.co.uk/forum/mbna/132103-safecracka-mbna-law-2.html#post1455581

[cashins]

Thanks Steven, you have been clicked.

 

CCa'ed them as they have demanded a higher payment and told me the deal is off otherwise. We shall see. Can't afford it anyway so don't have a lot to lose.

 

A SAR is going out to them which should show what they really have, along with the rest. Got serious hassle of of them prior to the agreed payment in which they broke just about every rule in the book. Hope they go there again as with a counterclaim for harrassment, I am pretty sure that I can produce tapes and transcripts in court, if it ever gets there.

 

I have stopped payment (nothing to lose) and sent the account in dispute, rubbish ag letter. Rather hoping they will hang themselves.

 

David

[steven4064]

If you give them enough rope ...

[citizenB]

Thanks for that link Steven. Your help and advice is very much appreciated. x

[citizenB]

Update, I have received a letter from MBNA..

 

They write that they disagree that they have failed to supply me with the documents requested and as required by law.

 

Their final sentence is ; Please note no further correspondence will be entered into regarding this matter.

 

So I can safely assume that this is their final response and make a complaint to whom.. Trading Standards and FOS ?

 

All comments gratefully received, I thank you xx

[ODC]

The FOS as they charge MBNA £400 to investigate your complaint:D

[citizenB]

The FOS as they charge MBNA £400 to investigate your complaint:D

 

 

Nice one

[ODC]

The FOS as they charge MBNA £400 to investigate your complaint:D

 

Nice one

Which is probably £399.00 more than they paid for the alleged debt:o

[citizenB]

Reading around the threads it would appear that the FOS and Trading Standards are siding with the Credit card companies or saying that their remit is not to involve themselves in whether a document is unenforceable or not. Is it actually worth complaining to either of them !.

 

I have today received a letter from MBNA

 

Headed : IMPORTANT DEFAULT NOTIFICATION

 

Advises I am in breach of the agreed T&Cs and they are placing a restriction on my account.

 

Advises the arrears are £ xxx.xx and that failure of bringing the account up to date will result in the eventual termination of the agreement and the registration of a Default with CRAs. There is no date by which this has to be paid by.

 

What I dont understand is this bit...

 

"In addition, the advanced payment you made to secure approval for this credit card will be seized and used toward the paymengt of the outstanding balance and the remaining balance may be sold to a collection agent.".

What advanced payment are they talking about.. ?? I didnt pay anything in advance:confused:

[citizenB]

Bump:)

[citizenB]

bump. Please does anyone have any comments on post # 46:)

[steven4064]

What I dont understand is this bit...

 

"In addition, the advanced payment you made to secure approval for this credit card will be seized and used toward the paymengt of the outstanding balance and the remaining balance may be sold to a collection agent.".

 

What advanced payment are they talking about.. ?? I didnt pay anything in advance:confused:

Who knows. If you didn't pay anything, they can't 'seize' it.

 

It's worth complaining if MBNA break the rules but, as you say, you won't get any help on enforceability, etc. But the rules on that are quite clear anyway - they must produce a legible copy of a single document with your signature and the prescribed terms - simple as that.

[citizenB]

I guess I just wait for them to haul me into court then. They have said they wont enter into any more correspondence with me. Meanwhile I will start looking around to compile my defence just in case.