MBNA - (Abbey & Virgin cards) CCA ??

[guzzleguts]

Thanks chalkitup and BRW

What about the agreement has ended is that the same as terminated

thanks GG

[banker_rhymes_with]

Hello GG!

 

What about the agreement has ended is that the same as terminated

 

Sorry, I forgot about that bit.

 

Yes, Cancelled/Terminated/Ended all mean the same thing.

 

Likewise, if they ask you for the main Balance, i.e. a sum not otherwise due whilst the Agreement was still live, then that is also Termination.

 

That's because they are making it clear they regard the Agreement as dead and with it your entitlement to Pay the Balance off via Monthly Payments stretching out into the future.

 

Cheers,

BRW

[guzzleguts]

Thanks BRW

What happens if they default you at the cra but dont send you a default notice.(ie. i was defaulted on 29.01.2008 but to date have not received a notice).Above post48 was re different acc.

GG

[Chalkitup]

Hello Chalkitup!

 

I think the applicable Date was 19/12/2006. Not being critical, just helping to pin-point when I think the Default Notice timescale went from 7 Clear Days to 14 Clear Days. I think you may've been looking at the date of an Act rather than when the above came into force.

 

Cheers,

BRW

 

 

Hello BRW,

 

That will teach me ...... I copied the date from another post on CAG without checking it because I am working on another Caggers MBNA agreements at present!!!

 

Thanks for the correction and please do be critical with my posts if you spot errors as it will help us all in the long run.

 

Onwards and Upwards

 

Chalkitup

[banker_rhymes_with]

Hello GG!

 

What happens if they default you at the cra but dont send you a default notice.(ie. i was defaulted on 29.01.2008 but to date have not received a notice).Above post48 was re different acc.

 

I regret I have yet to start on the CRAs, so I can't advise from experience (yet)!

 

But I suspect what would happen is this...

 

...if you moan at the CRAs, they will get straight on to their mates at the MBNA, who will quickly rustle up a suitable Default Notice to pre-date the nasty stain the MBNA left on your Credit (Debt) File.

 

So, it's best to leave the CRAs alone, for now, and try and get a copy of the Default Notice in question from the MBNA, say, via S.A.R. or other means.

 

I'd always advise getting copies of Default Notices without alerting the bankers as to why you want a copy. Slip the request into a S.A.R. along with many others, to keep their Brain Cell under pressure so it has no spare capacity for any thinking.

 

Once you alert a banker as to why you want to see a Copy of a Default Notice, then they may get twitchy and start looking at the thing to see if they have made any mistakes. Or if they know they never issued one, then they may create one. If they are not thinking about the issue too hard, the one they create will be as flawed as any others they send...so don't get them thinking too hard, or they may wonder what's going on and may figure out their mistakes in time to fix it/them.

 

Either way, you don't want them whizzing it through a Word Processor to clean it up, now do you!

 

Better to get a Hard Copy from the MBNA first. Then, when you have that, if it is invalid, only then go for the CRAs once you have the positive proof.

 

Once you have a Hard Copy, the MBNA can't then fiddle around with the Notice thereafter to engineer a more compliant copy all of a sudden.

 

Cheers,

BRW

[guzzleguts]

Thanks BRW

Great advice as always

GG

[banker_rhymes_with]

Hello Chalkitup!

 

Thanks for the correction and please do be critical with my posts if you spot errors as it will help us all in the long run.

 

Same with me, I'm not a Lawyer so always check what I say, just in case I have the wrong end of the stick.

 

It's important that we correct each other here in the CAG Threads, so we get things 100% correct in Court.

 

This is where we do the sparing with each other ready for the main Title Fights with the bankers in Court!

 

Cheers,

BRW

[steven4064]

This is where we do the sparing with each other ready for the main Title Fights with the bankers in Court!

Nice picture - almost poetic

[Muffintop]

As i keep saying, I'm no expert but:

scan 1 dated 28/02/03

scan 2- in the right hand corner is what i think is a date-01/02. reasonable to link that with scan 1

scan 3. down the right hand side looks like another date, 04/04

scan 4 right hand corner, another date, 01/04

scan 3 and 4 could go together but not with 1 and 2.

that's just a guess but i think it's worth another look.

 

fox

just jibbing here I hope you dont mind subscribed to your thread after your advise on my cca posted yesterday skeggs v mbna

I have looked at my docs and as silverfox states above there is no dates on any of my documentation apart from the box which shows my signature and dated.I guess this agreement could have come from anyones as it doesnt personalise it to the individual in anyway, the only thing really that would make it mine is the page with my signature on... I also dont understand why they have given me each page as a page on its own with nothing photocopied back to back apart from my signature tear of slip page which is backed to back.. could you guys support me on my thread also pse.... thanks skeggsy

[cashins]

I also dont understand why they have given me each page as a page on its own with nothing photocopied back to back apart from my signature tear of slip page which is backed to back..

 

I would think a feeble attempt to connect your signature to a least part of it.

 

It wouldn't be on the back of the page that contains the prescribed terms would it?

 

Happy Xmas

 

David

[Muffintop]

Hello GG!

 

 

 

Sorry, I forgot about that bit.

 

Yes, Cancelled/Terminated/Ended all mean the same thing.

 

Likewise, if they ask you for the main Balance, i.e. a sum not otherwise due whilst the Agreement was still live, then that is also Termination.

 

That's because they are making it clear they regard the Agreement as dead and with it your entitlement to Pay the Balance off via Monthly Payments stretching out into the future.

 

Cheers,

BRW

 

jumping between guzzles thread and mine banker skeggsy v mbna to offer support, check out where we both stand etc. Is a default notice when they send you a charge of 12.00 on your statement or is it a notice when you have continued to fail to pay them (suspect the 2nd)

Guzzle whats your halifax and barclaycard threads couldnt find em. skeggsz

[Muffintop]

I would think a feeble attempt to connect your signature to a least part of it.

 

It wouldn't be on the back of the page that contains the prescribed terms would it?

 

Happy Xmas

 

David

thankyou thankyou

[guzzleguts]

Sorry havent started them yet, at the moment halifax have sent back a up to date blank agreement and i have not cca' barclaycard yet. At the mo to busy with mbna and a couple of the wifes store cards but will get round to them.

Thanks

GG

[Muffintop]

hmm there is something to be said about not taking on too many at once, i found that out, iv got 4 on go and two bank cases...

I took my halifax card out last march... and so I think that the glich in the cca is from april 2007, as mine is after that date im sceptical if I should continue, need some advice on this.

B card havent replied to my request at all but have hassled me something rotton

[cashins]

B card havent replied to my request at all but have hassled me something rotton

 

Make a formal complaint to them that they are continuing collection activety after failing to provide a copy of the CCA as per your legal request.

 

David

[Muffintop]

would this help? obviously tailoring it to your needs? im still same person had to change my user name.

 

Dear

 

Thank you for your letter dated 25 November 2008 and the attached documents in response to my Statutory Requests for true copies of the properly executed Regulated Consumer Credit Card Agreements in relation to both alleged Accounts. Unfortunately neither responses have produced any evidence that either of the Agreements are Enforceable.

 

Both of the alleged Agreements appear to be unenforceable for the following reasons:

 

1. Both documents are Application Forms and neither carry the correct title if they are to be considered suitable as becoming Agreements once properly executed. The missing Title being 'Credit Card Agreement Regulated by The Consumer Credit Act 1974.'

 

2. I am entitled to receive a true copy of the Agreements and such true copies must be easily legible. Neither agreement is a true copy, nor are they easily legible. Various parts of the copies are defaced and obscured by barcode stickers, random signatures. Both are also hard to read due to poor quality copying. Furthermore, one of your Signatures appears to be within the Debtor's Signature Box.

 

3. The Agreements must contain the prescribed terms within the four corners of the Agreement, neither agreement has the prescribed terms within the four corners and furthermore no where on the front is there any reference to terms and conditions being on the reverse.

 

You should be aware that a creditor is not permitted to take ANY

action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* 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 reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

If you have the original of my alleged Agreements available I request that I be allowed to view them at your offices so I can verify them as the alleged documents that I signed.

 

I must also remind you that any court action you may choose to take would require you to produce the original of the alleged Agreements.

 

I look forward to hearing from you within the next 7 days.

 

Until such time as you comply with my Statutory Requests, both alleged Accounts remain in dispute.

 

Yours sincerely

[Muffintop]

also send them the harassment letter if they are bothering you.

[guzzleguts]

Hi muffin

Thanks for the letter, i have already sent a couple of letters that are like that, but they think they have already complied with cca,so i feel i had hit a brick wall, and sent an SAR which they default on next week.

 

I have got another angle you could try but will have to pm or e-mail it.

 

GG

[guzzleguts]

Hi all

MBNA default on my SAR request 5/1/09 please could someone give me an idea of a letter to send, not sure best way to tackle this, many thanks.

 

GG

[steven4064]

THere is a DPA non-compliance letter in the Bank templates library

[Muffintop]

Hi muffin

Thanks for the letter, i have already sent a couple of letters that are like that, but they think they have already complied with cca,so i feel i had hit a brick wall, and sent an Subject Access Request which they default on next week.

 

I have got another angle you could try but will have to pm or e-mail it.

 

GG

Hya guzzle tried to pm you re above but couldnt get it over to you for some reason???

You are one step behind me, Iv also sent sar request so if they dont reply to yours likely they wont reply to mine, will have to see what action we should take if they dont respond, presume report them to fos or similiar.

[Muffintop]

• If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.
  

If the bank does not respond to your 7 day warning then begin your complaint and start your action.

 

couldnt find the next letter in templates though

[guzzleguts]

Thanks M

For some reason i cant receive pm's unless its from the site team dont know why, is it ok if i e-mail you.

 

GG

[steven4064]

Do you have PMs turned on in 'quick links/options'?

[Muffintop]

Thanks M

For some reason i cant receive pm's unless its from the site team dont know why, is it ok if i e-mail you.

 

GG

no probs, have you cleared out your read msgs as this would stop this and I have managed to pm you in the past.