CL Finance/Cohen Claimform - MBNA [ryanair] Credit Card debt **WON**

[Gazza112]

Hi CitizenB

 

This aggreement that i have, has my name and my 16 dig number printed onto the front cover.

When i get time i'll scall this and put this up so you can see.

Other than that i'm thinking of sending Abbey a letter stating that they have not complied to my request.

 

Gaz

[Gazza112]

Hi Chalkitup

 

The two small docs in post 58, if i scan them for you and pot them in PDF file they should keep the same size a i received them.

On the MBNA Application form i'm thinking they've scaled them down approx 25%, the reason i say that is my handwriting is bold and big.

The handwriting on though me application form although mine is much smaller than what i would write.

 

Gaz

[Gazza112]

Hi

 

Here's the MBNA & Abbey Default Notices, i've also included a letter from Abbey stating they are putting up there Apr charges to 34.9%.

Can you look at these defaults that i received one from Mercers and one from Capital 1, and see if they are true defaults.

 

 

 

 

 

 

 

 

 

 

 

 

 

Gaz

Edited May 2, 2009 by Gazza112

[citizenB]

Gazza,

 

The first letter is an MBNA "notification of Default", why they do this I dont know ?. As such it isnt a Default notice.

 

The 2nd letter is also a "notification of Default".

 

The 3rd is as you say an increase in your interest repayments. A bit spiteful IMHO as it is just a way of increasing the debt as much as possible before passing it on.

 

The 4th is a Default Notice from Mercers. However, all though correct in amount of time allowed and all the right bits underlined, I understand that this should have Barclaycard's name and address on it. Mercers shouldnt be sending this out in their name. I am sure someone will correct me if I am wrong. Also, are the amounts correct ie, are there any charges, late payment fees in this figure. You should be able to work that out from your statements.

 

5th from Capital 1. This one gives you 28 days to remedy, but again, are there any charges in the figures they quote in the heading because there shouldnt be. I am not quite sure if there is any relevance in the fact that Cap 1 are only requesting the amount overdue and havent put the full amount outstanding as well. Perhaps that is so they can hide any charges.

 

You need the help of someone like 42man for this, I think

[citizenB]

No, you should CCA barclaycard. Mercers are just BC's inhouse collection crew and would only pass it on anyway (by all accounts they sit in the same office ?).

 

If you pm 42man, ask him if he wouldnt mind popping in to have a look at post number 76. If you add a link to the post in question.. by left clicking on the permalink on the particular post, then scroll to the very top of the screen in the address bar (http:// bit) right click on the address / copy. Then when you send the pm to 42 man you can include the link by right clicking and paste

[Gazza112]

Hi CitizenB

 

Cheers not done this before i'll give it a go.

 

Gaz

[42man]

They have to send you the T's and C's for when the account was opened, however, arguing that the other documents don't comply might be difficult in front of a judge as it looks like the prescribed terms are on the signature document.......my feeling is that although the T's and C's aren't correct, you have to consider if it is worth fighting/arguing with a judge, if he isn't savvy on the Consumer Credit Act, he may just say well we have prescribed terms on the signature page....and bear in mind judges can vary wildly on consistency.....

[Gazza112]

Hi 42man

 

Thanks for coming to the thread, i'm looking into the signature page as most of the terms and condition is unreadable. i might send them a letter saying they have not complied to my CCA request and see what comes back. I never received the Application form that i signed for from Abbey is that any importance.

 

Gaz

[TETSUO]

I've had a couple of people look at my agrement and the general opinion seems to be that it is enforceable...

 

So I am up poop creek without a paddle now...

[Gazza112]

Hi Tetsuo

 

Don't give up i was told the same, then someone came along and said it was unenforceable. I'm going to still send them a letter stating thankyou for you but as you have not complied. If it is enforceable can do any harm for sending a letter. But i was told if you can't read the print its unenforceable.

Take a look at this thread about MBNA, don't know weather you've allready picked it up.

http://www.consumeractiongroup.co.uk/forum/show-post/post-1583118.html

[TETSUO]

I'll have a gander.. I'm sending them an SAR today anyway...

 

you havin' much luck?

[TETSUO]

had a look but there isn't really anything there apart from some little thumbnails?

[Gazza112]

Hi

 

Not, as such but the ball is still in my hands.

Had a few calls from them asking why i was only paying a £1 Token payment, but gave them my reply.

But i have send MBNA & Abbey a nice letter today, i'll let you know on the responce i get from this letter.

 

Gaz

[Gazza112]

Hi CitizenB

 

Ok, i'll take your advice and let them all do the next move.

I did send a letter to MBNA & Abbey today, stating they have not complied with my CCA request.

 

Gaz

[citizenB]

Have a read of andyorch's post, the link should take you directly, if it doesnt it is number 87.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/141116-mbna-link-financial-5.html#post1736355

[Gazza112]

Hi citizenB

 

Thanks for the link, excellant advice there i'll just sit back and take a holiday lol. Can you take my mail in while i'm away .

What about the letters that i sen't MBNA & Abbey today, just leave them to reply to me if they do.

I've also blocked most of the numbers that i receive each day, should i unblock them and start making a diary of calls that i receive.

 

Gaz

[Gazza112]

Hi

 

Just wanted to as, i'm having a few issues with MBNA/Abbey at the moment. The thing is the last two months i've been paying them a Token Payment of £1 on the accounts. Not by Postal Order but by going into the bank itself and Paying £1 in cash on the Monthly statements.

Knowing fullwell they would have to accept this payment, or refund me with a cheque for the £1.

I had a phone call last week from MBNA, just a brief call must hassen to add. That they where not happy with the £1 Token payments, this is where i said that i could increase the Token payment to £1.01.

Guess what i've not received any statementd through for this month from both either MBNA or Abbey.

Just a letter saying they where looking into my complaint, and they would get back to me by the 29th October 2008.

 

Any iders why i've not received these statements from them, and what should i do.

As without these statements i can't go and pay my increased offer of £1.01.

 

Gaz

[PGH7447]

Why cant you pay without your statements

[Gazza112]

Hi PGH7447

 

Thanks for coming to my thread

The reason i want statements is you get it stamped in the bank.

Also the following month it also shows on the statement for example £1 payment THANKYOU on them.

 

Gaz

[PGH7447]

Possibly by them stating they are not happy and you offering to raise your payment to £1.01 () they realise that this debt will not get paisd in a hurry so they will be looking to default it and pass it to a bottomfeeder DCA, just send em a posta order for £1.01 minus the cost of recorded delivery and keep the slip, also explain in the letter that due to having to use the postal system to pay their money you have deducted it from the total to be paid each month ,a dnthat until your statements are re-instated this is what wil happen

[Gazza112]

PGH7447

 

There was a method why i wanded to pay in the bank.

The reason is if it ever went to court, i could show the Judge my statements showing £1 token payment and a THANKYOU besides the payment. Otherwords they have excepted my payment, if they refuse the payment then they would have to return the payment explaining why.

In either way the Judge would take a dim view of there actions, as i'm also on IBenefit and a full time carer.

I can pay them by Postal order but nine times out of ten they would return the postal order.

 

Gaz

[PGH7447]

But you can still prove that you have attempted to pay, by using a postal order made payable to these cretins, if they refuse to cash it that is their problem

[Gazza112]

The is the one i had come through today from Cap 1.

On the 12th was the £1 i paid into the Bank.

On the 18th was the postal Order i sent them for my CCA which they cashed and still waiting for my CCA.

 

 

Gaz

[PGH7447]

If they wish to use the £1 for your CCA this does not stop the account being in dispute after the time limit of 12 days, which it now is, write to them and let them know it is now in dispute and that until they provide the agreement you will not be making any further payments.

 

This is for capital1 did you send the cca for the mbna card at the same time?

[Gazza112]

Hi PGH7447

 

Yes, i sent them all a CCA funny thing MBNA/Abbey was the only ones that replied with a so called CCA.

 

Gaz