AA99 v MBNA (Account 1)

[davey77]

yes i realise that a mere FOS complaint ref number doesn't make a non-disputed account into a disputed one formally (sorry if my sentence was misleading) but it's just a little extra to quote to DCAs that are not well versed in such things.

 

I too have had 'this account is not in dispute' many times and at the end of the day the only thing that really makes a disputed account is Court proceedings.

 

All the same, until/if you get to that point you just have to keep saying it i believe.

[AA99]

For Davey, trust this upload has worked this time

 

It keeps using thumbnails for some reason, will work on it, grrrrr

Edited December 30, 2008 by AA99
thumbnails

[AA99]

http://i390.photobucket.com/albums/oo349/AA99/MBNA/MBNALetterdated02Oct2008p1-1.jpg

http://i390.photobucket.com/albums/oo349/AA99/MBNA/MBNALetterdated02Oct2008p2-1.jpg

http://i390.photobucket.com/albums/oo349/AA99/MBNA/MBNALetterdated02Oct2008p3-1.jpg

[davey77]

ah there you go.. second lot are bigger. nice work. Just doing some ironing and making a roast dinner. I'll pop back later to look properly

[AA99]

SORRY, THIS LETTER RELATES TO ACCS.2 & 3

 

 

Wish I had time to iron, grrrr, still trying......

 

Edited January 11, 2009 by AA99
Wrong thread for uploads, sorry!

[Viscount Stair]

Does anyone know the basis (if any) of the regulations alluded to but not cited by Ms Powell?

[AA99]

No, not in UK law me thinks

[Viscount Stair]

I thought not. What a pity that if you ask her she's not going to reply to tell you what they are!

 

I do remember reading on another thread about someone being told that MBNA couldn't write off an unenforceable agreement because it would break US banking law or Maryland company law or something.

[sunflower99]

Hi A99!

Thats wondeful news that they can not find a CCA and actuallly admitted it!:DI see there are discussions on your thread as well as whether to complain about unenforceable ccas and it seem that it is a waste of time if a fudged up or uenforceable CCA is the main issue,I am going to send a letter to MBNA saying that as they have sent me a letter saying that as they now do not wish to correspond with me further about CCA issue will they now issue a final response letter as what they have sent me is misleading as if they want to issue a final response they should go ahead and say that !I am going to point out defects in their cca again! I supppose even if FOS refuse to comment on a improperly executed CCA issue they should still issue a compliant number which like Davey says is good to quote when Dcas hassle you ?I am a bit confused what to do next regarding compliants to FOS!.That is interesting to read that atumatic cold and computer generated calls are taken seriously by ofcom as i get loads from Barclays and Halifax!With Barclays it is ridiculous at moment as i am only about a month behind on minimum repayments and not even that sometimes .i get loads of phonecalls and cold calls from both Barclay humans and computers!and i am strugggling to pay them over £140 a month which i can not afford and leaves me short for more important bills .so i found that comment about ofcom interesting!as i cannot keep paying them that much and have a horrible feeling that i am about to be bombarded with Barclay computer calls!

[AA99]

Hi Sunflower and welcome back to my thread. I didn't seem as excited with that letter as much as everyone else on CAG was LOL ! However, MBNA are now the least of my worries, they can go to hell as far as we are concerned, they are [edit] artists. Have been at the end of my tether with other creditors but seem to be making headway with Barclaycard at least..... got an offer of half my SOC today, so shall issue them with a notice to take me to court next LOL ! Still have a lot of business to do with Crapital One and GEMoney re my car finance but am really not that worried with them all right now, sleepness nights aside:eek:

 

Think I may still get a CCCS ref no. soon because it does seem to keep the wolves from the door and settle for some sort of reasonable DMP scheme. Watching your threads, and thanks for watching mine

Edited January 3, 2009 by steven4064
Potentially libellous comment removed - sorry

[lexis200]

I've just read your last letter from them AA99, and frankly I'm a little sad.

 

I thought I was extra special when I had that letter a while ago, now I see I wasn't. Honestly, I'm beginning to think not all the letters MBNA send are personally typed up for me...

 

Have you got a cccs no. yet, or are you still thinking about it?

 

Just in case you get the same hassle as us, MBNA's acceptable offer (acceptable to them that is) is high compared to the other banks I've dealt with. They won't settle for less than about 0.8% monthly, so if you're offering less than that I wouldn't get your hopes up to much for them being remotely human on this front either:(

 

Good luck with all the others - it's nice to see you're getting further along with bc at least!

 

Lexis:)

[AA99]

Received one of these for each account today:

 

Both accounts need an immediate payment of less than £175 each

 

[AA99]

Received one of these for each account today:

 

Both accounts need an immediate payment of less than £175 each

 

[AA99]

I have account no.1 pending with the Information Commissioners Office.

 

Think I should file these 2 online as well or is there anything else I should do immediately?!

[steven4064]

Remind us what the status of these 2 accounts is in relation to CCAs, SARs and unlawful charges

[AA99]

Basically as per Post #1

 

04 August Letter received from Aegis BPO Services ltd, contact by phone to make a debit card payment.

12 August Letter same as above, reminder

21 August Letter from MBNA requesting arrears of £265.75

22 August Letter from Aegis BPO requesting payment, reminder

08 September We sent letter of Hardship plus I & E Form, offering £20 p.m. plus copy of above letter 04 August.

10 September Letter from MBNA advising Potential Commencement of Legal Proceedings

12 September Letter from MBNA acknowledging receipt of I & E Letter, phone their offices

22 September Letter from MBNA - Important Default Notification, arrears now £392.81

23 September CCA sent with £1 P.O.

Letter from MBNA dated 02 October, received on 17 October, 3 pages as follows:

MBNALetterdated02Oct2008p 1-1.jpg - Image - Photobucket - Video and Image Hosting

02 October Letter from MNBA demanding immediate payment of £507.98

10 October Letter from MBNA wanting to discuss both accounts issued by MBNA on behalf of their affinity partners (Virgin & AOL)

13 October Sent letter advising CCA in default & requested Subject Access Request with £10

Letter from MBNA dated 17 October, received 23 October, Notice of Sums in Arrears showing £3 Postal Orders as paid against the arrears.

 

The SAR's were received and this paragraph was in the covering letter dated 28 November that came with them:

"Please note that only information relating to yourself held on our files will be disclosed to you. Please be advised copies of your original application forms will follow shortly." Signed by A Hughes, Compliance Department, Chester CH4 9WW

[steven4064]

I know you are still waiting for info, but why don't you send a LBA similar to the one Amanda sent to Halifax http://www.consumeractiongroup.co.uk/forum/telephone-harassment/166549-leeds1-my-situation-2.html#post1878998, suitable modified. Put them on the defensive.

 

If they then sell the account to a debt purchaser you will be able to write to them telling the m the account is subject to civil and criminal proceedings - which should at least cause some confusion and will probably mean they send it straight back to MBNA.

[Viscount Stair]

subbing

[AA99]

I know you are still waiting for info, but why don't you send a LBA similar to the one Amanda sent to Halifax http://www.consumeractiongroup.co.uk/forum/telephone-harassment/166549-leeds1-my-situation-2.html#post1878998, suitable modified. Put them on the defensive.

 

If they then sell the account to a debt purchaser you will be able to write to them telling the m the account is subject to civil and criminal proceedings - which should at least cause some confusion and will probably mean they send it straight back to MBNA.

 

My sentiments exactly, thank you, will get onto it this weekend. Definitely not planning on going out anywhere:p

 

subbing

 

[Viscount Stair]

A few random thoughts:

 

"This means that 1. You will no longer be a customer of MBNA ..." Is that a threat or a promise?

 

"Important Default Notification" (Mrs VS and I have both had those too): Is that a breach of OFT DCGs re misleading documents, I ask rhetorically? Is that also a breach of CPUTR, I ask equally rhetorically?

 

Incomprehensible SAR (what a surprise!): I assume that the one page glossary is a half-hearted attempt to comply with section 8(2) of the DPA. However, section 8(2) provides that "... where any of the information referred to in section 7(1)©(i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms." Those terms, not a random selection of other terms.

[AA99]

My thoughts too, Viscount, but I'm unable to have random ones at the mo:mad:

 

I would love to publish the one page glossary, if Steven says its ok to do that

 

It's a key to all the codes used in the SAR ?????¬

[sunflower99]

MBNA certainly a law to themselves!i am glad you still keeping positive and giving them a run for their money!

[Viscount Stair]

Random ones are about the only ones I'm capable of at the moment.

 

Coherent ones would be a bigger ask: I am getting over the flu at the moment and punch drunk from my own battles.

[AA99]

Random ones are about the only ones I'm capable of at the moment.

 

Coherent ones would be a bigger ask: I am getting over the flu at the moment and punch drunk from my own battles.

 

My sympathies viscount I know the feeling, let's CAG on though hey?! Thanks for subbing

[Viscount Stair]

Thanks and good luck.

 

The one page glossary is very interesting but rather incomplete, if your SAR response is anything like mine or Mrs VS's.