Help48xxx v. MBNA

[Help48xxx]

Hi Car, thanks for your response.

 

This is the latest part in my sage with MBNA and so I thought it appropriate to post it here. I am obviously in need of best advice/support in this matter as I have a possibly dubious CCA, and the above mentioned threats from a legal firm that may/may not have acted correctly when writing to me.

 

I'm sorry if you think I shouldn't have posted here, but I thought it was within context.

 

xx

[car2403]

Hi Car, thanks for your response.

 

This is the latest part in my sage with MBNA and so I thought it appropriate to post it here. I am obviously in need of best advice/support in this matter as I have a possibly dubious CCA, and the above mentioned threats from a legal firm that may/may not have acted correctly when writing to me.

 

I'm sorry if you think I shouldn't have posted here, but I thought it was within context.

 

xx

 

No, no, by all means, please post...

 

All I'm saying is that your posts will get lost in the other 12,000 posts on here.

 

If you have your own thread, you can post all questions relating to that particular issue on it - that way, everyone can see the history of it, which means you'll get more detailed advice. Without a thread on your own cause, you risk getting conflicting advice that may take you away from your goal. This shouldn't happen if everything is easily trackable on your own thread.

 

This thread is great for simple, sharp, quick answers - "is this agreement enforceable?" for example. What it isn't great for (especially as it's huge!) is tracking individual cases and what has happened where on them.

 

Please don't think I was telling you off - just trying to make sure you get the help you need at the right time, that's all.

 

By the way, we were all new to all this at one stage..

 

:grin:

[Help48xxx]

Thanks again,

 

I appreciate your advice, but it's quite difficult for me to jump from one place to another when I have a chemo brain!

 

If no-one else minds, I hope I can stay with my MBNA problems here for now, and then start another thread when I have dealt with them. The threat of legal action was incredibly scarey to me.

 

Thanks again

 

xx

[MilkTrayMan]

Thanks again,

 

I appreciate your advice, but it's quite difficult for me to jump from one place to another when I have a chemo brain!

 

If no-one else minds, I hope I can stay with my MBNA problems here for now

Your own MBNA Claim belongs elsewhere.

This Thread should be for generic discussion + queries ONLY...

If U continue to hijack the Thread for your own 'personal' use, U will make the Thread even more unnecessarily longer than it already is.

NEWBIES will be put off from reading it from the very begining + the SAME questions will be asked over + over again...

A simple link to your MBNA Thread is enough methinks...

[banker_rhymes_with]

Your own MBNA Claim belongs elsewhere.

That's probably a reasonable suggestion, as many, me included, soon forgot this wasn't Help48xxx's Thread.

 

May I suggest that a Mod should snip out Posts #11976 to here, and insert them into a New Thread for Help48xxx?

 

Perhaps with a single Post linking from here to there?

 

I think that would be wise, to keep this CCA Thread intact, and to give Help48xxx the same level of help in a dedicated Thread.

 

If that is OK with you Help48xxx? This CCA Thread is a very big one, and soon your details will get lost and make it harder to help you.

 

Cheers,

BRW

[pt2537]

That's probably a reasonable suggestion, as many, me included, soon forgot this wasn't Help48xxx's Thread.

 

May I suggest that a Mod should snip out Posts #11976 to here, and insert them into a New Thread for Help48xxx?

 

Perhaps with a single Post linking from here to there?

 

I think that would be wise, to keep this CCA Thread intact, and to give Help48xxx the same level of help in a dedicated Thread.

 

If that is OK with you Help48xxx? This CCA Thread is a very big one, and soon your details will get lost and make it harder to help you.

 

Cheers,

BRW

posts moved to their own thread;)

[banker_rhymes_with]

Hello Paul!

 

Many thanks, I'd sent a PM to ukaviator, but you were already on task!

 

OK Help48xxx, now you have a dedicated Thread...the help can now resume and be 100% geared to your issues without getting swamped in the huge CCA Thread!

 

Cheers,

BRW

[Help48xxx]

Firstly,

 

I apologise to those people I upset, or offended by posting on the CCA thread. I appreciate the assistance of Car, BRW and pt who gave kind and helpful advice and solutions to my error.

 

I'm feeling a bit battle weary today, but know I have to respond to MBNA immediately I will just have to send off a letter asking that all contact be made in writing only, and hope they don't then come at me from all sides.

 

I'm a bit scared of querying the CCA as I don't want to rattle anymore cages, especially if they are possibly going to accept my token payment offer.

 

I can't see a way out of this today.

 

 

Thanks again to all the above named members for their help.

 

xx

Edited June 15, 2008 by Help48xxx
grammar

[MAGDA]

Hi Help48, it might still be a good idea to post up a copy of the 'agreement' they sent you so that you can get a proper opinion on it as it sounds like it is just an application and their current terms and conditions. The trouble with these companies is that even if you agree to make token payments they may still decide to take court action as they often aren't happy with just receiving small amounts each month, or they look to secure the debt. Personally I would send off the letter informing them that they have not complied with your CCA request and that until they do the account remains in dispute. I can understand why you are worried about their reaction, but they really are bullies at the end of the day and in reality their threats are often just that. Try not to worry too much about it all as we are all in the same boat, so you certainly aren't alone. Whatever you decide, hope it all goes well, Magda

[banker_rhymes_with]

Hello Help48xx!

 

Don't worry at all, getting you off the CCA Thread was mainly for your own benefit, not a big problem at all.

 

It's just such a big Thread, that it was better to move your Help off, or it would get lost, as that Thread would soon have many other Messages that would swamp yours and you would not then get the help needed.

 

OK, now MBNA are not very helpful at the best of times, so you must not, ever, worry about rattling cages, as they really could not care less.

 

Payments are about all they are interested in.

 

The CCA Agreement Request is your Statutory Right, to allow you to see the Agreement that binds you to these Payments.

 

If you are short of other details, such as Statements, then send them a S.A.R - (Subject Access Request) along with the £10 fee. Again, send that Special Delivery if you can, but at least Recorded.

 

Suitable Letter for the S.A.R - (Subject Access Request) is here. You can also add to that Letter if you wish, and spell out all details you would like to receive, but for that, you would need to hunt around CAG to find what extra Text to add. The thrust being that you do want everything they have, so it may need to be spelt out for them, otherwise they will neglect to take your Request seriously on all issues (such as supplying Voice Recordings or Transcripts of Calls etc etc).

 

One last thing, you need to understand that they will always try to make you react fast, as fast means less thinking time for you. Ideally, they want to spook people into reading a Letter and rushing to the Telephone with a Debit Card...that being their Number One target.

 

So, slow them down.

 

Letters. They S-L-O-W them down, and the MBNA hate Letters because of this, by Letters, I mean meaningful correspondence, not the Truck Loads of Threats you will get. They are just Harassment, as I think you are starting to see.

 

Alone, you would almost certainly be taken in by these Threatograms, especially ones with we may take Legal Action, or may send the Debt Collectors, or may get a CCJ, or may get a Charging Order...

 

Note all the little "may" words in there. No? Here they are again given the correct emphasis that the MBNA try to hide:

 

Alone, you would almost certainly be taken in by these Threatograms, especially ones with we may take Legal Action, or may send the Debt Collectors, or may get a CCJ, or may get a Charging Order...

Soon, you won't be so phased by many of their silly threats. Just file the ones that are nonsense under Harassment by Letter.

 

If any look more serious, ask here for advice.

 

I hope this helps.

 

Cheers,

BRW

[car2403]

The CCA request is a must, IMHO. It legally requests the copies of the agreements and puts the debt in dispute - in a legal sense - until those are supplied.

 

What we have learnt on CAG over the years, is that most of the agreements that are entered in to are totally unenforceable? Why? Well, these bankers take total contempt of the law and actually RELY on you not knowing your rights with regards it. If you can show that you DO know your rights, (even if you are lying, but using CAG to get advice about what to do now/next) that will seriously put a stick in the spokes of their wheels! (and it is fun to watch them go over the handlebars!)

 

Personal situations may mean that you want to let sleeping dogs lie, we can understand that. However, if that dog ever wakes up and comes a-growling, you know what to do to.

 

[Chalkitup]

Firstly,

 

I'm a bit scared of querying the CCA as I don't want to rattle anymore cages, especially if they are possibly going to accept my token payment offer.

 

xx

 

Hello Help48xxx,

 

I fully agree with MAGDA ........ (and BRW and car2403 now who have just posted before me .... I must type quicker!!) My story might help you decide what to do ......

 

Do not be scared of querying the CCA ....... I felt the same once ..... trust me MBNA are in no way concerned about how you feel, your financial problems or anything apart from getting money out of you. I did not want to "rattle anymore cages" and thought all was great when they accepted my token payments to start with and that was with a Debt Management Plan ............ the next thing I know is DCA letters arrive and received lots of telephone calls where they threatened me with everything under the sun and promised me things which they then denied ..... then I found CAG.

I now feel much more at ease because to a certain extent I am now in the driving seat and not being bullied anymore.

 

 

Onwards and Upwards

 

Chalkitup

[Help48xxx]

I have reported Optima Legal to Companies House on the grounds above.

 

I haven't yet sent the letter to MBNA to get the SAR & CCA but that WILL be done on Friday.

 

I'm looking at a change in direction career wise, so have fired off my CV to a couple of potential employers. It will mean a slight change in direction, but could make the world of difference in income and future financial stability.

 

I truly hate being in debt. I want this all to end. I thought being diagnosed with cancer was the worst thing that could happen to me, but in truth, this debt problem and the apparent lack of understanding from creditors is far worse. I wasn't offered, nor did I receive any benefits when I was diagnosed. I worked every single day through chemotherapy and radiotherapy much to my Consultant Oncologist's advice....the truth is, I had no choice. I was an owner occupier, not a tenant. No benefits for me!

 

I'll await the response from Companies House and MBNA. I have the feeling there will be little change.

 

Thanks for all the invaluable input from you all.

 

XX

[citizenB]

Unfortunately as many stories on this forum will confirm, the knowledge of your illness will only spur these cretins to badger you more, believing you will crumble under their bullying tactics.

 

Good luck

[foolishgirl]

If you can fight cancer, you can certainly fight these lot! It just takes the same tenacity & 'one day at a time' mentality. Keep going, you'll get there...

[Help48xxx]

A glimmer of hope perhaps?

 

I received this from Companies House:

 

 

 

Thank you for your email.

 

There does appear to be a breach of sections 349 & 351 of the Companies Act 1985, however before Companies House can contact the company we would need to see a copy of this letter. We are not interested in the contents of the letter so you may wish to delete these before you send it to us, we are interested in the style of the letter head though.

 

A copy of this letter can be either emailed, faxed on 02920 380837 or sent by post to the following address -

 

Appeals & Breaches Section

Companies House

Crown Way

Cardiff

CF14 3UZ

 

Yours sincerely

 

Alyson Owen

Appeals & Breaches Section

 

>>> "Companies House Enquiries" enquiries@companies-house.gov.uk> 19/06/2008 07:57 >>

I will be faxing the letter across tomorrow. Hopefully it will stop Optima from flouting the rules...we shall see!

 

Many thanks for the continued help, advice and support.

 

K

xx

[foolishgirl]

Hooray, another headache for Optima!

[miss muppet]

Sending you hugs and support Help48, been there myself with the Big C four years ago which is why I find myself fighting MBNA now - did they say "but you have payment protection my dear" when they knew of my illness, did they Heck! They haven't fulfilled the CCA. passed me to Debt Clear and now to-day I too have a letter from Optima - sent them the standard "I am surprised at a firm of solicitors" etc letter. Take each day one step at a time and try to get as much rest as poss.

[citizenB]

A glimmer of hope perhaps?

 

I received this from Companies House:

 

 

 

Thank you for your email.

 

There does appear to be a breach of sections 349 & 351 of the Companies Act 1985, however before Companies House can contact the company we would need to see a copy of this letter. We are not interested in the contents of the letter so you may wish to delete these before you send it to us, we are interested in the style of the letter head though.

 

A copy of this letter can be either emailed, faxed on 02920 380837 or sent by post to the following address -

 

Appeals & Breaches Section

Companies House

Crown Way

Cardiff

CF14 3UZ

 

Yours sincerely

 

Alyson Owen

Appeals & Breaches Section

 

>>> "Companies House Enquiries" enquiries@companies-house.gov.uk> 19/06/2008 07:57 >>

 

I will be faxing the letter across tomorrow. Hopefully it will stop Optima from flouting the rules...we shall see!

 

Many thanks for the continued help, advice and support.

 

K

xx

 

This is excellent news. It will also show Optima and MBNA that you are someone who will fight back.

[Help48xxx]

Hi all,

 

Miss Muppett, maybe you should contact Companies House via the link above and tell them about Optima too! I have no idea what kind of penalty they will impose, (assuming they uphold my complaint that is). Any ideas anyone?

 

Just another question.......I have been asked by one of my creditors to provide evidence of I&E, in particular my wages, benefit payments and mortgage payment. I don't know how much of that information I am obliged to provide. I only say that as they would then have my Nat Ins Number & employer details, plus my mortgage account details. For obvious reasons I don't want them having all that stuff.

 

Any idea what I am legally required to provide?

 

Thanks,

 

K xx

[citizenB]

Hi all,

 

Miss Muppett, maybe you should contact Companies House via the link above and tell them about Optima too! I have no idea what kind of penalty they will impose, (assuming they uphold my complaint that is). Any ideas anyone?

 

Just another question.......I have been asked by one of my creditors to provide evidence of I&E, in particular my wages, benefit payments and mortgage payment. I don't know how much of that information I am obliged to provide. I only say that as they would then have my Nat Ins Number & employer details, plus my mortgage account details. For obvious reasons I don't want them having all that stuff.

 

Any idea what I am legally required to provide?

 

 

 

Thanks,

 

K xx

 

You do not have to provide them with any of this information AT ALL and they have no legal right to request it. A signed statement by yourself with your income and expenditure is that is needed. You could if you wanted, go to a CAB office and ask them to confirm the details and add their signature but it is not necessary. The only person that can DEMAND that information is a judge !

[Help48xxx]

Thanks Citizen B,

 

I did think it a bit OTT as I wasn't required to supply any of the above info when they were only too willing to take my CC application.

 

I won't give any of my personal details out to them. I suppose they could then say they won't entertain the idea of an arrangement, but I'll cross that particular bridge when I come to it.

 

I'll have to do a bit of research and see if there is any letter that states that I believe their request to be unlawful........more surfing for me!

 

Thanks again,

 

K xx

[citizenB]

Hi help48,

 

This was the paragraph I included in my letter to Capital one. CCCS had initially drawn up the I&E forms for me,even though they werent acting on my behalf. I then confirmed the position with CAB. I had slightly amended the budget forms so they werent on CCCS headed paper. So on the advice of someone on the forums, I added the following to the bottom of the I&E Sumamry.

 

"This is a true reflection of my fninancial circumstances as at XX XX 2008."

 

"Having taken advice from both the above and the CAB, I discover I am not obliged to send you financial documentation ie bank statements/payslips and you have no legal right to request these either. The very fact that a reputable outside Agency has prepared the I&E form should be sufficient for your requirements. NOne of my other creditors are requesting this information therefore, I would question your reason for requesting it. "

 

HTH

[Help48xxx]

Hi again Citizen B!

 

I sent the letter off earlier using the text above.

 

I'll wait and see what they come up with and keep you posted.

 

Thanks,

 

K xx

[citizenB]

Good stuff.. Keep the faith :)