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Help48xxx v. MBNA

Help48xxx

By Help48xxx
in General Debt Issues

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davefirewalker

davefirewalker

Posted
Posted
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

 

I just emailed Companies house after reading this

 

It seems as though its not just Optima that are a bit lax in the document department.

 

Incasso (who seem to be a subsidiary of cobbets) also like to send threatening letters with no contact address or company details on them.

 

just got a reply to my email to say that they are investigating it and will get back to me.

 

I seem to think that Companies House take things like this VERY seriously

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Help48xxx

Help48xxx

Posted
  • Author
Posted

How cool!

 

I was reading up on the possible penalties for such breaches and, if I'm right, a penalty will be payable for each reported breach.....so if anyone else has had similar letters, report them!

 

Way to go Dave!

 

K xx

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Chalkitup

Chalkitup

Posted
Posted
How cool!

 

I was reading up on the possible penalties for such breaches and, if I'm right, a penalty will be payable for each reported breach.....so if anyone else has had similar letters, report them!

 

Hello,

 

Going to check all my received letters later and will report any not properly set out.

 

Onwards and Upwards

 

Chalkitup

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Help48xxx

Help48xxx

Posted
  • Author
Posted

Hi all,

 

yep, deffo feeling stronger today. I got my serious head on yesterday and decided to get all my SAR & CCA requests fired off. I also got busy with the PPI reclaiming issues that I've started but not had the energy to finish. I even got some sleep! :D

 

This pro-active thing is VERY therapeutic!

 

xx

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citizenB

citizenB

Posted
Posted
Hi all,

 

yep, deffo feeling stronger today. I got my serious head on yesterday and decided to get all my S.A.R - (Subject Access Request) & CCA requests fired off. I also got busy with the PPI reclaiming issues that I've started but not had the energy to finish. I even got some sleep! :D

 

This pro-active thing is VERY therapeutic!

 

xx

 

Isnt it just. Have a look round the forum and you will see there are people who are beginning to enjoy fighting back. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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miss muppet

miss muppet

Posted
Posted

Hi Help, just thought I'd let you know, have just emailed companies House about our little friends. Feeling a little wobbly myself to-day, recovering from hospitality of German next door neighbours, champagne, wine, rum in the pud and calvados in the coffee, good job only had to walk a few yards;)

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Help48xxx

Help48xxx

Posted
  • Author
Posted

Hi Miss!

 

I hope you're not too wobbly today....although, I do wish I had neighbours like yours, you lucky thing :( Your post did make me laugh!

 

Now, just to add some confusion, the creditor that requested the details of my income etc, has kindly sent me a standing order form. It says...

'Thank you for your recent enquiry to make regular payments to your ***** card by Standing Order. Overleaf is a form that you need to complete and forward to your bank.'

 

So, dilemma is....do I still send sarcastic, (but legally sound) letter telling them they can't have my details, or just send off the standing order form and hope they'll forget they ever asked?

 

I wish I was as wobbly as Miss now, that way I'd send them both off and worry about it later :eek:

 

xx

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Fred Bassett

Fred Bassett

Posted
Posted
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

 

Hi Help,

 

What was it you complained about regarding Optima? I've looked through your post and can't find the relevant bit. I had a letter from them that really annoyed me because they didn't have a letter heading or a means of replying to it. In the end I found an email address for the cretin concerned, wrote to him and I've heard nothing since. If it was this, then I'll make a complaint too. Anything to make life more difficult for these gits.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Fred Bassett

Fred Bassett

Posted
Posted

Yee hah!!!! I've found the answer and I've got two similar letters from this shower of sh1ts, so now I'm off to complain as well. I must admit it really hacked me off at the time but I took it no further. Now I know they may get fined for each instance I'll get my two penn'orth in as well.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Help48xxx

Help48xxx

Posted
  • Author
Posted

Hi Fred,

 

here is the thrust of my emailed complaint to Companies House....

 

"I have recieved a letter from Optima Legal, ( registered number 05781608) in relation to a debt they say they are acting on, on behalf of MBNA Europe. I believe they have breached the regulations in respect of The Companies Act 1985 (amended 1989) on the following grounds:

Your company's letter heading must show:

Company name, exactly as registered at Companies House

Company number

Where the company is incorporated (England & Wales or Scotland)

The registered office address

If the letter head shows the names of the directors, it must mention all of them.

 

The letter has no office address, no contact details and has been signed electronically by Phil Robinson.

My understanding is that companies registered with Companies House should send out correctly headed letters. In my case, they have not. There is no way to respond to Optima Legal as their address is not shown anywhere on the letter."

 

I would modify this if possible Fred, so that you cover the points most relevant to you.

Good luck with it.

xx

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Fred Bassett

Fred Bassett

Posted
Posted

Well I modified the letter slightly because on the second one I found a contact address and number at the bottom. This is what I've just sent (with a copy of the letters attached):

 

Dear Sirs,

 

I have received 2 letters from Optima Legal relating to a matter they say they are dealing

with on behalf of MBNA Europe. I believe that the first of these letters

may have breached the regulations in respect of The Companies Act 1985

(amended 1989), most particularly in respect of the non-existence of their

address or any other contact details. I believe that there may be

other respects in which this letter breaches the above-mentioned act.

 

The letter has no office address, no contact details and has been signed electronically by

Phil Robinson.

 

As you can see from the 2nd letter, there is a registered address and contact details, making it even more puzzling that

these were not included in the first letter.

 

 

My understanding is that companies registered with Companies House should send out correctly headed letters.

In my case, they have not. There was no way to respond to Optima Legal as

their address was not shown anywhere on the letter. This is

extremely galling as this letter was of a particularly threatening

nature.

 

I would be most grateful if you could look into this matter.

 

Yours faithfully,

 

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Fred Bassett

Fred Bassett

Posted
Posted

By the way, I'm wondering if it might be worth complaining to the Law Society. I'll look into that and let you know, but I feel as if I'm hijacking Help's thread now.

 

Regards to all.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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citizenB

citizenB

Posted
Posted
Yee hah!!!! I've found the answer and I've got two similar letters from this shower of sh1ts, so now I'm off to complain as well. I must admit it really hacked me off at the time but I took it no further. Now I know they may get fined for each instance I'll get my two penn'orth in as well.

 

Regards.

 

Fred

 

:lol::lol: I like your enthusiasm Fred Bassett.

 

Help, it would appear you are starting up a fan club for Companies house :lol::lol:

 

I have been searching through my letters today.. but darn it.. All of them have addresses on:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Fred Bassett

Fred Bassett

Posted
Posted

I just complained to the Law Society too. Don't know whether it will go anywhere but it might just irritate Optima and let's face it they deserve it.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Help48xxx

Help48xxx

Posted
  • Author
Posted

Shame there's no chance ofyou joining the Companies House Fan Club then CitizenB :rolleyes:

 

Now I may be misreading stuff, but I think they may be liable to a £5000.00 fine per complaint. If Fred & I succeed, then that's potentially £10 grand out of their profits this year...woohoooo:D I hope they don't make cuts on their stationery budget as a result!

 

xx

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citizenB

citizenB

Posted
Posted
Shame there's no chance ofyou joining the Companies House Fan Club then CitizenB :rolleyes:

 

Now I may be misreading stuff, but I think they may be liable to a £5000.00 fine per complaint. If Fred & I succeed, then that's potentially £10 grand out of their profits this year...woohoooo:D I hope they don't make cuts on their stationery budget as a result!

 

xx

 

 

It is just a shame that you n Fred wont get a share out of that £10 grand.:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Help48xxx

Help48xxx

Posted
  • Author
Posted

How very odd!

 

I received a letter today, in a manilla envelope, from...(dah dah dah dah dah dah dah dahhhhhhhh) MBNA!! It's a very pretty letter, full of colour and little text boxes, which say,

 

"We can help get you back on track"

 

It then goes on to say...'you are in arrears by £*** so please pay the full amount by 27th June. If you are unable to....please call on 01244 680792.'

 

The last pretty box says this:

 

'Make at least one positive step towards sorting out one of your debts.

First of all, deal with the creditors who are making an effort to help - like MBNA

Share your fears and frustrations and remember: a trouble shared is a trouble halved!'

 

Firstly, I apologise to all of you that have just spat your tea all over your pc monitor:(.

 

Secondly.......... I apologise in advance for my rant.....

 

I DONT want to talk to them on the telephone. I don't want to share my fears, particularly as I only have them due to the fact that they keep getting Optima to send me threatening letters. And....the only ****** frustration I have is that they don't ******* well read the letters I send them. ARGHHHHHH :mad:

 

They're right about the trouble shared thing though.........I have now shared with you lot, as you are much better listeners.

 

Rant over....thank you for listening.

 

xx

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davefirewalker

davefirewalker

Posted
Posted

Been there...done that...had the "nice letter

 

muppets..........they even offered to reduce my outstanding debt by 65%....as long as I pay in two chunks within 30 days......???

 

I might have taken them up on it if I had the money

 

just working out a strategy, I may have a get out (I hope)

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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davefirewalker

davefirewalker

Posted
Posted
I wouldn't be able to pay either Dave, much as I'd like to!

 

If you work out the strategy, let me know what it is........I'm losing the will to live!

 

xx

 

Sorry for being lazy...have you posted the agreement ?

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Help48xxx

Help48xxx

Posted
  • Author
Posted

No I haven't Dave, sorry but I have to wait 'til my son can do it for me...I'm a total technophobe!

 

He's finished his exams so so has become 'the lodger' all of a sudden!

 

I'll superglue his butt to the pc chair so he has to sort it!

 

xx

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davefirewalker

davefirewalker

Posted
Posted
No I haven't Dave, sorry but I have to wait 'til my son can do it for me...I'm a total technophobe!

 

He's finished his exams so so has become 'the lodger' all of a sudden!

 

I'll superglue his butt to the pc chair so he has to sort it!

 

xx

 

Hmmmmmmmm......Dont get me going about kids and the lack of them doing anything without threats of bodily harm....:)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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