Mbna

[davey77]

Well, 12+2 for postage... so, Monday 5th Jan 09 at the latest.. still very close!

[Worried6]

Yes I calculated 5th January also. I will sit tight and see what turns up then.

Thanks for getting back

 

Happy Christmas

P.

[Worried6]

Hi All

 

Well almost before I'd digested Christmas Dinner an MBNA envelope arrived on Monday 29th letter (dated 22/12/08). My heart sank.

They responded to my telephone harrassment letter by stating they have removed my numbers from their systems, so thanks for that advice. They also stated that they'd be re-instated if I failed to respond to any written communications within 15 days!

More importantly they referred to my CCA request and stated it would be sent separately.

This envelope arrived yesterday. I have no scanner here at work so will attempt to scan documents from home asap for opinions.

I haven't done this before so all guidance again gratefully received!!

 

I received a covering letter outlining this as a response to my request under S78 CCA 1974 and that they enclose a copy of the CC Agreement (original and current) including applicable terms and a statement of account.

At first check it looks ok, thiugh I am only basing this opinion on what others have described in other threads. It is a copy of the original application form with a side column of terms and conditions Paragraphs 1-3 (very small). All copied together as one A4 page. Paragraphs 4-19 are referred to as part of the full copy of T & Cs which they are required to provide.

There was a further letter attached which I recognise other folk have received and it refers to a copy of current terms.

They provide a free phone number and ask that I call for clarification.

 

I am a home owner and reading other threads I see this might put me in an even more precarious position. Is this the time to prepare to start negotiating with them?

Maybe also look into reclaiming charges (the card has been active since 2003).

 

Please can any one advise - my panic button has been pressed again big time nad I can think about nothing else.

 

Thanks a lot

P.

[fedup74]

Hi worried, below is a guide to photobucket how to use and get your agreement scanned and posted. This was nicked off Silverfox, originally by Fuzzybobble. (thanks guys:D) Please don't worry, people are here to help and advise:)

 

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble and silverfox:D

[Worried6]

Hi Fedup74

 

Thankyou for the quick response. I'll get on that later today

[Fred Bassett]

Worried, £1 to a pinch of sh*t it's unenforceable. Have you wondered why they were so eager to discuss a reduced payment plan with you? Probably to stop you doing what you've done. We all wait with baited breath ......

 

Regards.

 

Fred

[atwozee]

Quite right FB.

Erm…let me think…column of prescribed terms…no doubt cut and pasted onto an otherwise unenforceable agreement…now where have I seen one of those before I wonder.

[Worried6]

Hi FB/Atwozee

 

I guess I sound a bit feeble - or at best naive. This document could easily have been built up from separate pieces but it is very disarming to see your own handwriting and signature.

I will scan it tonight and then post onto the site tomorrow morning for your opinions.

However either way I'll need advice about the next step I need to take. :-?

 

Be in Touch

P.

[Worried6]

Hi Folks

 

I'm afraid I took ill since my last e mail and only getting back on line now. I will try and post the agreement tomorrow for opinions.

I have today read a couple of other threads re: MBNA and I see that they have been known to 'doctor' agreements.

In the light of this I looked again at the copy I received. It is 'two sided' - the reverse is a series of adverts about different services MBNA provides.

The front has a single thin column of T & Cs on the left hand side and to the right the Application Form which has my signature and dated 25/04/03.

I now notice at the top there is a computer date whichslightly overwrites the title bar 'Credit Agreement Regulated by the CCA 1974' - 29-04-03!

 

Hopefully I will get this document scanned soon and get it posted up.

 

 

Regards

P.

[Worried6]

Hi All

 

This is the document, I hope it is clear enough to allow you to check it out. Unfortunately the copy MBNA sent me was also very faint.

 

Looking forward to feedback.

 

Thanks a lot

P.

 

[atwozee]

Just a quick question – does your signature look correct i.e. not smaller than it would do on a A4 sized document.

The reason for asking is that the terms on the left might not actually have been on the original agreement – so everything to the right of that column might have been your original document and they have had to squeeze it left to right to make it fit.

[Worried6]

Hi and Thanks for reading this so quickly.

 

It is definately a smaller signature than I would normally use, but I suppose if the original document has been properly copied then the signature box would have been smaller and therefore I'd have reduced my writing accordingly. The other personal information on the form was in normal sized block capitals.

I am getting a sinking feeling about this!

 

Regards

P.

[atwozee]

Should I send a Subject Access Request + a request for a CCA?

 

This should now be your next step – there are templates available to make this request but you must make sure that you specifically request an exact copy of the front and back of any alleged consumer credit agreement.

Or you could just request that they confirm that the copy of the document they have sent in response to your s78 request is an exact copy of your agreement and also state that if they don’t confirm this that you will request the above and they will have to comply.

At the moment you don’t know if that document actually existed in that format – personally I have my doubts.

[Worried6]

Hi Again

 

I will send the SAR this weekend and think carefully about what I actually request.

Am I right in thinking now that MBNA have 'complied' with my request which is what they believe according to their covering letter and if I don't dispute the response in any way that the account is no longer in dispute and they can start harassing me again for money.

Maybe my SAR Letter needs to include something specific about the Copy CCA received.

I'd appreciate your take on this?

 

Regards

P.

[atwozee]

What exactly did they send you?

[guzzleguts]

Hi p

 

They will still harass you if they complied or not you just have to try not to get worked up about it.

 

Look at all the letters they send MAY DO THIS AND MAY DO THAT, i know its hard but try to keep your chin up, most of their letters are empty threats.

 

Sorry about reply on my thread didnt realise you had a thread going, anything you want to know about my dealings with them just give me a shout.

 

GG

[Worried6]

Hi Again

 

This is a quick summary of the activity with MBNA since start of December -

 

5th December

Received a letter 'Creditors Notice' threatening court action if I did not make a level of repayment acceptable to them. They offered to restructure the o/s debt to reduce fees charged.

 

8th December

I responded immediately with the CCA request and also a Telephone Harassment Letter.

 

12th December

I received a preprinted demand for a small payment to allow the account balance to be significantly reduced but only if I responded by 9:00pm that day.

 

22nd December

I received a personal letter to say that they had removed my telephone numbers from their system but that they would be re-instated if I failed to respond to any correspondence within 15 days. They went on to say that the documents required in accordance with S78 of the CCA would be sent under separate cover.

 

29th December

Another letter received as follows:

 

"Thankyou for your recent request.

In accordance with section 78 of the CCA 1974, we enclose a copy of the credit card agreement (original and current)** including applicable terms and conditions and statement of account."

It finishes by offering me phone numbers to use if clarification is needed.

 

Attached was the document I scanned in.

Also attached was another letter dated 22 December which stated "Please find enclosed a copy of current terms and conditions" + a description of how to manage the account on-line.

There followed 4 pages of current T&Cs + a copy statement (3 pages)dated to 2nd December 2008 and a page describing Payment Information.

 

** I didn't understand this bit as the only 'copy agreement' received was the one I scanned.

 

 

Hope this helps

P.

[Worried6]

Hi GG

 

No problem at all. Thanks for the support. I will keep checking your thread there is so much there it has to be read and re-read and it will save me possibly asking questions that have already been answered.

What did you think of the 'Agreement' I received? I have just noticed now that mine doesn't have the word 'Card' in the title either.

 

Regards

P.

[atwozee]

Okay – GG’s correct – they will ignore everything you say and hassle you for what they believe is owed – if they start to phone you again then send out the harassment letter again.

Next – strictly speaking they haven’t complied fully with your s78 request because they haven’t sent you a copy of the cancellation document referred to in the alleged agreement – if you want to buy yourself some time you can inform them of this.

Next – they have threatened legal action so now you can request an exact copy under cpr 31.16 – have a read of this thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[guzzleguts]

HI P

 

The agreement looks like the normal paste up job with no prescribed terms, so unenforceble IMO.

 

I cant believe i have just this morning received the SAR i requsted, looks like a load of tosh, no default notice, just reams of computer print outs with nothing that favors me in phone conversation or letter, that was £10.00 well spent not!

 

GG

[Worried6]

Mmmmm GG

To my knowledge I have not yet received a Notice of Default, in fact I've just looked through my file and I notice in a letter on 12th December they state that a default may soon be registered against me.

Did you get another copy of the CCA this time around? I know some people have advised this to see if you receive the same version each time.

 

P.

[guzzleguts]

Hi p

 

Yes they did send another copy of cca, but where my abbey cca a is small tear off application form, they would like me to think that its back and front of same doc, they forgot to line it up properly this time, the same doc's but photocopies differ in alignment to the ones they previously sent.

 

I dont think MBNA have a great record of sending out default notices, another example of MBNA adhering to there own set of rules.

 

Thanks GG

[Worried6]

Thanks Again GG

 

My head is too full now to write anything sensible to anyone. I am heading home and will rest till tomorrow before setting up a letter.

I'm sure we'll talk again.

 

Regards & have a nice weekend

 

P.

[Worried6]

Advice/Support please!

You will see from my thread that I have been dealing with MBNA since last year.

I have just got bogged down since the 'copy' CCA arrived. I just don't know what way to respond to them becasue from what I have read the CCA I got may well be enforceable. Is there anyone who could examine it again for me please? Is there any point in me arguing with them?

I know I need to send an SAR request which I should have done at the start of the week but I am reading so much I have done nothing at all.

A letter arrived last night threatening to send agents to my home and unless I contact them they will consider court action. The letter is entitled 'WARNING'.

I am asked to ring immediately which I will not do.

I will prepare a 'doorstep caller' letter today but not sure about how to respond to the threat since they obviously think they have complied with my request for CCA.

Could someone suggest a solid reply given that I cannot settle this whole debt and they are as ever adding charges and interest with gusto.

I don't think I have the brains for this or maybe it is just the pressure building since I am dealing with a couple of others as well and it is hard to keep track.

Thanks a lot.

 

P

[guzzleguts]

Hi P

Dont panic or get the tea and cakes ready just yet, i dont think you will be getting any visitors from them.

 

Ive looked at your CCA again and like you have alraedy been advised its a microfishe copy with pasted terms down the side, imo if you could lookat the original it wouldnt have the terms on it.

 

Try sending them a letter asking them if this is an exact copy of what they hold as your agreement, and if it is can you view it at one of their branches.

 

But try not to worry over their threats. and dont speak to them on the phone.

 

GG