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

[PGH7447]

have you check mbna's agreement with anybody to se if it is valid

[Gazza112]

Yes, i have asked someone, but they have still to not got back to me on that.

 

Gaz

[citizenB]

Right, I have just had a quick read back over your thread and you are on benefits due to being a full time carer so employer details arent an issue.

 

You are in the same position as davey77 arent you ?. I think all you can do is continue to hold off the ones that dont have valid agreements and make a £1.00 token offer on the others. There are template letters in that link I posted earlier. I dont think this is going to be an easy ride, perhaps if they treat you in the same way as they are davey and refuse to accept the token payment and freeze interest then it might be an idea to sit back and let them start proceedings. This is obviously to your advantage if you dont own your home or have negative equity. If you are a home owner and have equity then that could create a problem.

 

I am not being very helpful am I

[car2403]

Gaz,

 

The scans aren't great, so I'm not sure I can tell you for sure.

 

From what I can see with the MBNA one, it is an application form. Now, an application form is enforceable under the CCA 1974, but it must contain the prescribed terms. The prescribed terms for Credit Cards are credit limit, interest rate and repayment details. From what I can see, these are on the same side as your signature. What is interesting, though, is that the terms and conditions they've sent include the header "Credit Agreement regulated by the Consumer Credit Act", but that also appears on the page with your signature on it - the terms also seem to restate the interest rates, etc. This leads me to believe that the terms document isn't part of the signature document, as it contains the same information - it would be interesting to hear from you if the interest rates, etc, are different, as that would support this view also.

 

As for the Abbey one, I can't tell (the posts don't distinguish which reply is about which account) if they've complied with the same prescribed terms. If they haven't, the debt will be unenforceable in Court.

 

Oh, you seem to have lots of different threads regarding these debts - it would be an idea to ask site admin to merge the threads, as you should stick to one thread per issue - otherwise it gets confusing. It also means you get all the advice you need in one place and those helping you don't get confused as to where you are. I hate to say it, but it also stops you getting the wrong or flawed advice, in that more people will be able to see the whole case from scratch, making it easier to keep you on track.

[Hopeful1]

MBNA like many others are just downright stubborn.

 

Whatever you choose to do, if they are being unreasonable, then make sure you make a formal complaint to them and then go to the relevant authority eg Financial Ombudsman Service.

 

Don't give them a minute's peace. If you keep on top of them it would make their case far worse if they do try to take further action. This what i've done with a Barclays acc. After taking it to FOS, stating they were making it impossible for me to repay the debt, Barclays stopped adding interest.

 

If you are in any doubts about the validity of the CCA keep making the payments you have offered until you are sure of it's enforceability.

[Gazza112]

Hi CitizenB

 

Sorry not got back to you, My computer decided to have an off Day.

The good news is that adding both there accounts together they come in 4th highest, well theres only one below them lol.

On the Abbey Charges yes they have not refunded my charges.

I've sent them two letters now with my expence sheet showing my income. All i've got back was the same standard letter, stating as these cases are going to court they will not look at any one case.

On the CCA i think i'm hitting on a sore note with MBNA.

As i'm looking at it they have not sent me the original terms and conditions only the current ones. I'll send them a letter on monday as you said put on the letter ACCOUNT IN DISPUTE. If it ain't just throughs a spanner in the works for them.

 

Gaz

Edited October 11, 2008 by Gazza112

[Hopeful1]

I will keep onto MBNA, if only to wind them up.

Gaz

 

That's what i like to hear

[Gazza112]

Hi car2403

 

Thanks for coming to my thread and the info you've given me.

I thought the same as you, why put the agreement and terms and conditions on the application form. then send another agreement on another sheet of paper. Also on the other side of the Ryanair Application is a load of advertising?.

The two small pieces are from the abbey account, one with the scissors cut. I can't tell you whats above as that parts missing.

MBNA/Abbey have replied to me today stating they have sent me the correct CCA. I know its a bit confusing but i posted the letter on the Natwest Default Thread.

I must get my act together and get my threads in order.

Who do i ask to get these threads in order.

 

Gaz

[Gazza112]

Car2403

 

Just something as come to me looking over what they sent me in the CCA. Was on the MBNA Application form i cant find anywhere where they have signed the application. I thought that was law for the creditor to sign and stamp the agreement forms with a date, there is an attempt to sign this right in the lefthand corner. Weather that them saying they have signed the agreement i don't know.

 

 

Gaz

[car2403]

On the Abbey agreement which they sent out to me, which i signed on the 25/9/2002 i can only see the credit reference number and credit limit of £8500. The APR Rate is on the other small piece, which was photocopied on the other side of the agreement.

So i can't really say if the APR was on the original agreement.

 

If the interest rate and repayment details are missing, they can't enforce. (s.60/s.61/s.127(3) CCA 1974)

 

There is some discussion as to whether the APR is the interest rate also;

 

http://www.consumeractiongroup.co.uk/forum/legalities/136701-apr-con.html

 

Just something as come to me looking over what they sent me in the CCA. Was on the MBNA Application form i cant find anywhere where they have signed the application. I thought that was law for the creditor to sign and stamp the agreement forms with a date, there is an attempt to sign this right in the lefthand corner. Weather that them saying they have signed the agreement i don't know.

 

The absence of a creditors signature is unlikely to be enough to refuse enforcement - s.127(3) only requires the debtors signature as a minimum.

[freakyleaky]

2 Threads Merged.

[Gazza112]

Hi car2403

 

Here's the application form from MBNA and also whats on the reverse side.

 

 

 

Also how the MBNA papers was sent to me is how i've laid it out in my previous post, thats all what came, also it was a bit confussing for them to sent the Abbey CCA in the same enverlope.

 

Gaz

[Gazza112]

Thanks freakyleaky for merging my posts.

 

Gaz

[freakyleaky]

No problem. Good luck.

 

You are in good hands with Car2403.

[car2403]

Also how the MBNA papers was sent to me is how i've laid it out in my previous post, thats all what came, also it was a bit confussing for them to sent the Abbey CCA in the same enverlope.

 

The MBNA one is enforceable then, as it contains those prescribed terms and your signature on the same page. (Albeit, they seem to be relying on other terms that don't seem to form part of the same agreement - I can only assume that they are providing those as current, rather than original, terms of the agreement) How much is this MBNA one for? Are you currently making reasonable/affordable payments? Have you reclaimed charges/PPI on the account yet?

 

The Abbey one isn't enforceable, as it doesn't contain the prescribed terms. From what I can see, they've sent you a bundle of standard T&C's, which they seem to be relying on as all being part of the same document. Send the letter I've posted above, telling them the reply isn't sufficient, and see what you get back. Now, if the APR and repayment details in those T&C's are shown to be part of the original agreement, which you've signed, that too would then be enforceable. So, the same questions apply there.

 

Just to clarify, you're still waiting on a response to your CCA request to Capital One, but they are in default of that request. Have you chased them?

 

You mentioned a NatWest Default thread - I can't find that? What is that and where is the thread exactly?

 

Lets stick to one thread for all of those, as folks (me!) are easily confused...

 

:grin:

[Gazza112]

Hi Car2403

 

On the MBNA from the end of August i owe £1075.00.

Which is the smallest amount of all the credit cards.

On the Abbey card i owe £2272.00.

What i'll do is send them your letters out to them first thing tomorrow, and see what comes back.

What they are trying to do is combine both accounts into one, i don't know why there trying to do that.

I've not reclaimed any charges yet as, put it bluntly haven't got a clue how to do this. It would be nice if someone has a copy of the Ryanair Application form from that time to see how thats laid out.

I can't tell you what APR i was paying at the time, as they've not sent me any details of them through.

 

Gaz

[citizenB]

Car, here is gazza's Nat West thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159827-nat-west-default-notice-6.html

 

Sorry Gazza, I didnt realise you had a separate thread for MBNA.

[Gazza112]

Hi CitizenB

 

Yes, i think i started to confuse it a little bit, Car2403 managed to get them merged for me so its less confusing for everyone.

 

Gaz

[citizenB]

Thats good, I have asked a mod to move FROM the natwest thread anything all the posts regarding MBNA/Abbey. Hopefully, they will be popped into this thread for you.

 

Then I suggest you start a dedicated Capital one thread so you can keep that separate as well. If you mix them on the same thread you might find that someone comments on one company but it gets muddled with the other IYKWIM:-D

[slick132]

MBNA posts moved/merged into this thread after request from CB.

 

Hope CB got the post nos. right as I couldn't check through them all. PM me if any are wrong or have been left out.

 

[Gazza112]

Hi CitizenB

 

Thanks for sorting my threads out for me.

 

Gaz

[Gazza112]

Hi Slick

 

Thankyou for moving my threads for me and putting them in my MBNA thread.

 

Gaz

[Gazza112]

Had a letter from MBNA saying time is running out.

I know this is true, as i read in the papers today that Aliens are coming to visit us :eek:

They also said the would wright of one of these accounts as a bad dept.

Now how i see it i've got two accounts with them, defaulted at the same time. Why are they only going to make one a bad dept, makes me wonder if those CCA's are correct.

 

 

Gaz

[citizenB]

Hmm, from what I see from other threads and also from my own experience, MBNA are part of a Job creation scheme and they like to keep there staff busy sending out these notes. I dont understand why, unless it is to keep costs down, why they have started to link these two together ?. IMHO, I would just leave well alone until such times as you discover which account has been/ is being defaulted. I imagine they have already been updating the CRAs with late payment/no payment markers.

 

Perhaps when the aliens land you can direct them to the author of your letter, they will surely then leave the rest of us alone

[Gazza112]

Hi CitizenB

 

Yes, i can't see why there trying to combine the two accounts.

It could be that thet can't find the true agreement, and by combining both together thinking there covering there tracks.

I've sen't them the letter what car4203 told me to send them, plus the Financial expences report you told me to send them.

That will keep them busy for a while

 

Gaz