Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[toxicdebt]

in your earlier post here, you did mean 15 JAN not 15 FEB

Sorry cant find where you mean. Which post number?

[angel_1]

Sorry cant find where you mean. Which post number?

 

 

hiya toxic sorry my pc playing up last night,

 

it was PF post not yours in this thread number 72

 

sorry to have caused confussion,,,

 

laters angel x

[toxicdebt]

Update:

 

Payment date has now passed. They have added a 'Late payment charge' of £12 to the account but not had any unsatisfactory data put on experian nor any calls from MBNA as yet.

 

Now thinking of adding the following covering letter to my SAR request...

 

Dear Bankers

I wrote to you on the blahdeblah date to formally place the alleged agreement between your company and myself in formal dispute due to the reason/s stated within that correspondence. The documentation was signed for by one of your staff on the (DATE).

 

I note that to date I have not received any further correspondence regarding the dispute, however I now find you have added a late payment charge to the alleged account.As you will be aware: a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. This includes the following.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I enclose with this letter a Subject Access Request. In addition I fully expect you to investigate my complaint and immediately desist adding charges to the alleged agreement until an acceptable resolution to this dispute is met.

 

I would like to remind you that it remins my right to report your actions to any such regulatory authorities as I see fit, and take such legal action for any of the above listed infringements of my civil liberties or any other unlawful activity that you see fit to engage in.

 

[underdog13]

Hiya ToxicD, subbing;)

[AA99]

More like Regulation 3 !

 

All week me and other CAggers have had CCA responses referring to Reg 3

[toxicdebt]

@ AA99...

 

Regulation 3 ???

 

TD

[Muffintop]

Ok Finally drafted a *final?* reply. Is this OK...

Hey Toxic just checking in to see how your doing.

I have sent the letters above as you know also to MBNA i have had a warning letter now stating that they are considering taking it to court and i MAY get a ccj or a charging order on my house... clearly scared but cant see how they can do this when they just havent given me my signed original agreement in the correct format despite me asking and asking and also getting my sar request. they have now put two late payment markers on my credit file.

Interestly they sent me a letter also saying that

FOR THE AVOIDANCE OF DOUBT, THE CONSUMER CREDIT ACT `1974 DOES NOT PROHIBIT COLECTION ACTIVITY WHEN AN ACCOUNT IS IN DISPUTE

We all need to know if this is true or not as this would mean they can legally carry on ringing sending people round the house and placing late charges on our accounts. as you have some experienced caggers with you thought someone could answer...

[pompeyfaith]

FOR THE AVOIDANCE OF DOUBT, THE CONSUMER CREDIT ACT `1974 DOES NOT PROHIBIT COLECTION ACTIVITY WHEN AN ACCOUNT IS IN DISPUTE

 

While that maybe true there are also guideline on they can and cant do

 

i MAY get a ccj or a charging order on my house

 

Only a Judge has the power to impose that

 

Regards

 

Pompeyfaith

[toxicdebt]

I received the following reply to my Dispute letter. The necessary prescribed terms may (or may not) be there however their alleged agreement refers to terms not contained within the CCA and they still have not sent that document, which was the reason for my dispute. Furthermore there is nothing linking the front to the back (of either of my TWO CCA's). Do they really think Im scared so easily.

 

http://i155.photobucket.com/albums/s284/makum101/Disputereply1.jpg

 

Now considering my next move. Will be along the lines of 'term 1,4b referes to t&c's which are not included'

[Scrapper]

Hi all

 

Sorry to butt in, but it is my understanding that unless you agree to a charging order being put on your house they can't actually to anything of the sort. It is a unsecured debt the word being UNSECURED.

 

The reason I make this quote is because I had MBNA on the phone talking their normal cr*p, and the kind man on the other end asked about how much equity I had in my house as they could put a charging order on me. I said to him you can't do that as it's an unsecured debt and he went all quiet and said he'd get someone else to call me back. They never did.

 

So I made a few enquirys with CAB, Free legal and the national debtline and they advised this can only be done with your agreement full stop as the debt is unsecured.

 

Anyway if I'm wrong sorry in advance and if I'm right happy days

 

Many Thanks

 

Scrapper Coco

 

While that maybe true there are also guideline on they can and cant do

 

 

 

Only a Judge has the power to impose that

 

Regards

 

Pompeyfaith

[toxicdebt]

Hi Muffintop

 

They can apply to the court for a charging order. However this has been brought up in PM's question time recently and the Gov have advised judges not to grant this on QUOTE "Trivial unsecured debts such as credit cards". The question to the PM was regarding credit card Co's threatening this to an MP's constituent.

 

Unfortunately I bought my new house in 07 and the remaining plots are now on sale for £27000 less than I paid. I am guessing MBNA have no chance of getting one under these circumstances.

 

I've given up trying to decide if my CCA(s) is

a) Enforceable

b) Real

c) Actually exist

 

I had never missed a payment until they increased my interest rate to 37%. Now they have done that I can simply not afford the minimum payment any more. That will be my defence if they take me to court (which I doubt they will).

[toxicdebt]

UPDATE:

 

Today my Postman brought a nice polite letter from RMA (who are they?) reminding me that my latest payment to MBNA is overdue and they are sure its just an oversight on my behalf and to make payment to them directly.

 

Does this mean MBNA have sold me on to RMA?

 

Oh, and MBNA statement arrived with two £12 charges on it. One for late payment (i have not paid) and the other for going over my limit.

[SB100]

They're just another collection agency that MBNA use.

[Muffintop]

Tox, if your no subbed to my thread, which I think you are. muffintop v mbna take a read through it, you will follow my path and iv been down rma route and then aegis route, it may help you feel better

[toxicdebt]

Today I received a post card informing me someone will be calling one particular day this week (link below).

 

Ive written to them telling them they can not visit without an appointment made with me and i have no intention of making one. I told them to stop harassing me on the phone too and that whilst my account remains in dispute I will only communicate in writing.

 

http://i155.photobucket.com/albums/s284/makum101/apointmentcard1a.jpg

[angel_1]

hiya toxic

 

you did good by telling them in writing, but really dont worry or lose sleep over this,,,its just another of their bombardments that is just plain silly - they dont actually state phone or visit,,,its just very implied assumption and mr green must be a quick driver to be in many places at once

 

pls pls dont worry okay,,had one of those and just file away as part of your file

 

laters angel x

[pompeyfaith]

RMA are ive been told owned by MBNA

[Scrapper]

Toxic

 

Read between the lines. The card says someone will be calling (Phone) they won't come to your house. I had the same thing and being the fool I am I thought the worst and I knew if they got down my road they where in serious do do as it's private so the fella would of had to jump the gates so as a precaution I had my inspector friend here (just happened to be his way round for a coffee) ready to arrest him or let the hounds out. Did they show? NO is the answer and I was so annoyed they hadn't I called them (I know I shouldn't have, but didn't give my details anyway) and they advised they card says calling (Phone) and they never pay house visits, but if they sold the debt on the DCA was free to do whatever. W*nkers. I was really looking forward to opening the door on the thug as I'm not on the small side either and with my hounds by my side and my Police mate I really wanted to see the look on the mugs face when my mate arrested him for common trespass, and my hounds where trying to eat him, but perhaps aother day maybe. :lol::lol::lol:

 

By they was that was this Saturday just gone.

 

And for your info RMA are just a collection arm of MBNA based in India.

 

Hope that but's your mind at rest

 

Thanks

 

Scrapper Coco

[Gazza112]

Subbing

[pompeyfaith]

Indeed they are scrapper and toxic

 

Notice on the bottom of that card it says NCO EUROPE LTD

 

Save it toxic with the rest of the threatograms

 

Regards

 

PF

[toxicdebt]

Thanks for the reassurance guys.

 

I think I'll still send my letter tomorrow as it reminds them the account is in dispute. Tells them to stop harassing me by phone and tells them not to escalate the harassment by sending threatening postcards.

[underdog13]

Toxic

 

Read between the lines. The card says someone will be calling (Phone) they won't come to your house. I had the same thing and being the fool I am I thought the worst and I knew if they got down my road they where in serious do do as it's private so the fella would of had to jump the gates so as a precaution I had my inspector friend here (just happened to be his way round for a coffee) ready to arrest him or let the hounds out. Did they show? NO is the answer and I was so annoyed they hadn't I called them (I know I shouldn't have, but didn't give my details anyway) and they advised they card says calling (Phone) and they never pay house visits, but if they sold the debt on the DCA was free to do whatever. W*nkers. I was really looking forward to opening the door on the thug as I'm not on the small side either and with my hounds by my side and my Police mate I really wanted to see the look on the mugs face when my mate arrested him for common trespass, and my hounds where trying to eat him, but perhaps aother day maybe. :lol::lol::lol:

 

By they was that was this Saturday just gone.

 

And for your info RMA are just a collection arm of MBNA based in India.

 

Hope that but's your mind at rest

 

Thanks

 

Scrapper Coco

 

If only we all had inspector friends!

 

Not sure you should feed DCA to the hounds, Scrapper; it might poison the the poor creatures;-)

[angel_1]

hiya all

 

quite right those poor dogs dont deserve that,,,,,well mbna are just well they are who they think they are and i think otherwise,,,and thats me being tactful!

 

laters all angel x

[underdog13]

Toxic, just had a another look at your agreements and wondered if you had seen the following post by PT on the thread All MBNA Caggers Fight Against MBNA's underhand tactics;

 

let me expand slightly

 

The law as we all know requires a "A term stating the rate of any interest on the credit to be provided under the agreement"

 

So on the MBNA agreement it says £1000, £3000 & £5000 yes?

 

and under each amount of credit it says the various rates , Yes?

 

So what if your credit limit isnt there?

 

What if your credit limit was £10,000? £15,000 ???

 

there is nothing within the agreement to qualify the rate of interest if your credit limit isnt set out on the agreement? with me so far?

 

So MBNA may try and argue that the full details are found in a set of terms and conditions somewhere which we dont know about blah blah blah

 

Well that angle fails at the first hurdle as the Agreement Regulations , at Reg 2(4) requires all this info to be set out as a whole and not interspersed with other info so it cannot be set out elsewhere

 

so if your credit limit was different to that stated on your agreement KERCHING:wink:

 

does that help???????????????

Depending on your original credit limit this may apply to you. Hope it's of some help:)

[toxicdebt]

Ive been reading PT's thread about the credit limit being different to the interest table, and mine is a perfect example - Credit limit stated on front as £5500 and Interest rate table on back only lists £1000, £3000 and £5000 examples.

 

Am I right in thinking that this makes my agreement unenforceable?

 

If so has anyone got a template dispute letter detailing the reasons for this making it unenforceable, or some bits of the Act that states the fact?