Muffintop v mbna

[Muffintop]

Hya guys,

I began in general thread skeggsy v ccas, this has now gotton so big, I dont want to loose the guys who have been helping, rory, slick, cashins, nomil, banker, to name just a few, pse dont desert me but think now MBNA hotting up I should be over here.

 

I have now sent a letter to oft after reading cleos thread and have sent another letter to mbna telling them they have not fulfilled their cca rqst.

 

will update soon as only had tear of slip from them so far.

 

skeggsy

[Muffintop]

Had a bit morethan the tear off slip today but still doesnt look as it should, I paid to get it scanned in a photoshop onto my usb and transferred into my pictures jpeg but just cannot cut copy paste it over, could someone pse pse tell me how to do it so I can get it checked out. skeggsy

[flyingdoc]

get yourself an acount with a picture hosting site - tinypic is as good as any TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

once you have that upload the pic and then post the link here

[Muffintop]

tnx iv scanned and downloaded pics to photobucket but just cannot get them across onto the thread.

[Goldlady]

Subscribing. Sure the rest of the CCA team will join us.

[Muffintop]

http://

[Muffintop]

I seriously have lost the will to live, iv been on trying to move images from photobucket since 3pm, its my birthday in 1 hour, pse someone can u tell me what im doing wrong, tryin to move the image to the thread in idiots guide. ie cut copy past etc

[flyingdoc]

post the link to photobucket

[Goldlady]

So far all I can see is terms and conditions. Yawn. Is there a date at the bottom of them? I would bet my next bottle of wine that the date does not correspond with when you got the card.

 

Anyway stop stressing. You have a birthday to celebrate. Forget about MBNA for now. And if they DARE to hassle you on your birthday........

[Muffintop]

Hya cant give it up, got new scanner now, iv scanned all the pages from mbna which looks like an agreement has 8 pages and the tear off slip has been photocopied each side. I need to know if this is what they have been asked for provide as it looks quite legit? I will put the other scanned parts of it into photobucket later maybe and post up.

merry xmas you guys

Edited December 26, 2008 by skeggs885
made mistake with photobucket and didnt erase details

[Goldlady]

No signature on anything you have posted so far...

 

Happy birthday and Merry Xmas and congratulations on the new scanner:D

[Muffintop]

thanks goldlady but there is a signature just not posted that up yet.

[Muffintop]

What a way to end my birthday. Iv done it. all scanned all copied to photobucket,

When you guys back on here would you check it out 4 me.. ho ho ho lets hope mbna got it wrong but not so sure. x

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna1-1.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna1.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna3.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna4.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna6.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna7.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna8.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna9.jpg

 

thats all agreement form they sent me the signature form where i signed and the other tear off part with credit agreement regulated by were copied back to back.

Edited December 26, 2008 by maroondevo52

[Goldlady]

Does it look as if they are all part of the same document?

 

Don't want to spoil your Christmas but it does look like the real thing.

I hope someone else can have a look and tell me I am wrong. They don't enlarge very well, but well done on the scanning...

 

Also your name and address are still showing on MBNA2.

 

Don't worry too much and sorry I couldn't give you an early Christmas present.

[guzzleguts]

Hi you might want to take your personal details off there rarther quick.

Had the same docs sent to me, mine and many veiws ive read on hear that mbna are very good at paste and match not enforceble unless they can produce the two small docs as an original, pretty unlikely imo

 

GG

[Muffintop]

oh dear dont know how to take my details off the scan thats system overload for me wonder if anyone else can help.

 

now im wondering how I can ask to see original doc.

[Muffintop]

Hi you might want to take your personal details off there rarther quick.

Had the same docs sent to me, mine and many veiws ive read on hear that mbna are very good at paste and match not enforceble unless they can produce the two small docs as an original, pretty unlikely imo

 

GG

what did you do guzzle when you received the same? have you asked for the small tear offs as two originals? cant see how that would be hard for them, only way can prove if they have original doc is ask for it and dont think we can enforce that unless in court? dont want to push it to court only to loose and have to pay all their costs

[Muffintop]

could do with someone really up on mbna agreements to take a look also and tell me their views... any suggestions who the best peeps would be?

[guzzleguts]

Hi and happy xmas

the people that have helped me are credit card mug, banker rymes with, and i think chalkitup is very good on mbna.

 

I sent an SAR request in nov and havent had a reply yet apart from the normal threat letters that just get filed.

 

As for seeing the docs i think you will have to wait until near court but i dout it would get that far because all they have is micro-fishe copies of an application form can not see them having the original otherwise court action would come a lot quicker imo.

 

If it helps i also have a virgin application mailer they are trying to pass off as an agreement they have pasted the terms and conditions on the back of the envelope, like you would have the t'c on the outside of the envelope so that everyone knows that personal info is inside thats really bright. Have a look at my thread if you want to look at my doc's.

 

GG

[Muffintop]

thankyou Guzzle, banker rymes has helped on another thread so will ask him to take a look. whats your thread?? what concerns me is that if this did go to court and they have got my cca im in deep deep trouble as they would sue the **** of me. I need to be a little surer if this is a legit copy, do you have opportunity to view the original document prior to court? I would travel to their offices to view it.. did your cca from them look the same? is it posted up on your thread

[Muffintop]

Something else I cant get my head around is none of the pages are numbered and the pages are in different type font on the signature page from the rest of the document, there is nothing to say that the document was looked at and signed as a whole... I couldnt tell this unless I saw the original document, this could be anyones agreement there is nothing to personalise it to the individual. ???????????????

[guzzleguts]

Hi skeggs

Thats what they have over you, the fact you dont know what they have.

But imo they only have micro-fishe doc's because if they had anything else surely we would be in court already.

 

Banker rhymes gave me some great info on cpr request on my thread which relates to veiwing doc's they have prior to court, but i dont think it will get that far, i think it depends on how far your willing to defend (ie if the N1 form turns up and you put in a defence they will have to provide the original in court to enforce. Im 99% sure thats right, but im sure the the people ive mentioned and other good cagers will put you right, i can only veiw it from my position , i have the same doc's as you, i just cant see it going anywhere but ive been told they wont give up the threats.

 

GG

[Muffintop]

saw this on another excellent mbna site on here shall I post this in light of my agreement sent?

sent this letter back to Richard Honey - head of CUSTOMER SATISFACTION on 25th May 2007

Quote:

I write with regard to the document that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the true copy of the executed agreement.

You seem to have sent me a recent copy of the terms and conditions of the account. I’m sure this must be an oversight, so I will ask you again for the proper documents.

For clarification, on the 1st March 2007, I asked MBNA for

1. You must supply me with a TRUE COPY OF THE ALLEGED AGREEMENT. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

2. A signed true copy of the deed of assignment of the above referenced agreement.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Be also advised that your statutory time period has elapsed and YOU are now in default and have committed a criminal offence.

Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency, if any data has been processed illegally since my last request I shall take appropriate action.

It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 © enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

I would therefore request, in compliance with CPR 4.6© a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

I enclose previous letters sent to your company to help with this matter.

For your information, I am currently in discussion with Trading Standards, the Office of Fair Trading and the Information Commissioner regarding the non-compliance of this request and the failings of MBNA under the Consumer Credit Act 1974.

I await your response.

 

[Muffintop]

Thanks Guzzle, and hey hope you had a good xmas day.

I have looked at the font size on the tear off slip and its different from the rest of the agreement, why... because they have just sent me the same of tear off slip and not the whole original document (prob like you) that immediately makes me want to see the original and am going to send the letter above. skeggsy

[guzzleguts]

Hope you had great day too

 

I will await their reply good luck.

 

GG