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MBNA admit they have never held an agreement


underdog13
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I have a couple of accounts that were originally with Bank of Scotland but later sold on to MBNA in 2006.

 

Following a CCA request to MBNA, they responded with a copy of current MBNA terms and conditions and admitted they do not hold the original agreement but have requested it from BOS and if they receive a copy they will forward it on to me.

 

In other words, MBNA have been collecting on an account that they held no agreement on, whatsoever for 2 years. What legal implications does this have?

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I'm feeling very vengeful at the moment, Noomill. Received a threatening letter from from Optima solicitors on another MBNA account (for which they've provided a very dodgy cut and paste looking agreement), threatening charging orders and order of sale on my home - haven't even had a pink pig letter or a default notice yet, never mind a CCJ!

 

I can't print on these pages what I hope those working for MBNA and Optima get for Christmas....... I'll have to leave that to your imagination

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Well, a first step in the right direction would be to send DPA s.10 notice ordering to stop processing your personal data. They clearly dont have your consent to do so.

 

They have 21 days to comply one way or another

 

After that, well, a claim for damages caused by their unfaor and inaccurate handling and another for all monies paid to them over and above the capital. In essence all the interest, charges and and the PPI premiums if you've been paying it.

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Thanks Noomill, that's great! I will do as you suggested.

 

Obviously this is going to make them prod HBOS for the original agreement a bit harder - how likely will they be to have them, I wonder......? When I requested my agreements from HBOS they had them going back to 2000, but they were poor quality microfiches with no prescribed terms.

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  • 10 months later...
  • 3 months later...
I'm feeling very vengeful at the moment, Noomill. Received a threatening letter from from Optima solicitors on another MBNA account (for which they've provided a very dodgy cut and paste looking agreement), threatening charging orders and order of sale on my home - haven't even had a pink pig letter or a default notice yet, never mind a CCJ!

 

I can't print on these pages what I hope those working for MBNA and Optima get for Christmas....... I'll have to leave that to your imagination

LOL! I can imagine!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Underdog

I did not get a pink pig letter either!:(

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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sorry mattyarmouth - only just seen your post. The matter is in the hands of solicitors at the moment, so I can't say too much at the present. Will update when there is a result;)

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Well, a first step in the right direction would be to send DPA s.10 notice ordering to stop processing your personal data. They clearly dont have your consent to do so.

 

They have 21 days to comply one way or another

 

After that, well, a claim for damages caused by their unfaor and inaccurate handling and another for all monies paid to them over and above the capital. In essence all the interest, charges and and the PPI premiums if you've been paying it.

 

Subbing with extreme interest! :)

 

Im in exact same position - HFC account bought by MBNA last year. MBNA say they are waiting on getting the agreement from HFC (months ago). http://www.consumeractiongroup.co.uk/forum/mbna/204693-haggis-mbna-enforceable-agreement-6.html

 

Is there any case law to support the return of amounts paid over and above the capital? Had loadsa input on my thread but noone has mentioned this. MBNA have been incredibly uncooperative and have now sold the account to Lowells.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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