Virgin Card - Mbna Cca Is It Valid??

[citizenB]

Hi CB!

Thanks for providing the links! I suppose i ought to try andlook at that that Cag thread the dummies guide! as i suppose as ive been on this forum several months now i ought to know how to provide links!I am still a bit of a dummy when it comes to computers and modern gadgets! My hubby is always telling me that its about time i joined the 21st century and got myself out of the 20th! LOL

 

 

I am slowly learning sunflower. All you need to do for the linky is go into the thread you want the link FROM. Right click on the address bar at the top of the screen, copy then head over to the thread you want the link to be, open a reply box and hit paste. Voila

[Gazza112]

Subbing

[ifoughtthelaw]

Hi bozalt

 

We've had another new letter from MBNA to follow on from the calls (getting less though as OH has dug his heels in and will not entertain them over the 'phone and was even asked by one munchkin if she could state he was 'difficult' - his reply was 'do what you like'). 1st postcard received last week, which was misleading as no-one appeared Latest letter is a Notice of Sums in Arrears, appears to be formal but is actually just a statement in another form and enclosing information sheet from Office of Fair Trading about arrears. Our dispute started over unfair charges and dubious practices but MBNA do not recognise any of it, claim there is no dispute, and say CCA is valid despite being illegible in quite few places! I think it is going to be a cat and mouse waiting game as no-one is giving an inch. We wouldn't have had the knowledge or guts to do this without coming across this site and reading all the experiences of so many others and taking bits and bobs of info to press on with our complaint. Next step now I think is going to be a request for a personal visit to Chester to view the 'best copy they have available' which could pose a problem from them if what they have sent is their 'best copy'. I don't ever remember actually receiving any type of agreement, it was only ever an application and then bang - the card was sent through. Do any other caggers remember different - have MBNA messed up big time here? Anyway will try and start my own thread - 3 months of reading others (wonderful people - thank you!) it's about time! Did you find out whether over £5K would makes a difference to a court claim?

[bozalt]

Hi Iftl

 

In my dealings with MBNA I have found that they continually sned letters, cards and make constant calls and continue to add charges no matter what you say or do, I hope that they will stop harrssing you now, have you sent them a harrasment letter yet?

 

I think from what you have said regarding the application and from what I have read on other threads this was certainly the way MBNA issued cards so you are on to something there.

 

With regards to court cases from what I can make out the costs of issuing for over £5k are prohibitive for the issuing party if the correct procedures have not been followed and the case is lost. Based on my contract and many others this may make MBNA think twice before attempting legal action.

 

Are MBNA putting a late payment and overlimit fee charge on your account each month?

 

Good luck with it all.

 

B

[ifoughtthelaw]

Hi bozalt

 

We've not sent a harrassment letter yet - but logging all the calls (4 automated today - they seem to have given up with the 'personal' as no chance getting anything by way of payment or security questions out of OH) and letting them dig a hole.

 

They have been adding interest and charges since the account was placed in dispute and it seems that they will just continue to ignore what suits them. Sent letter quoting Section 10 of the Data Protection Act to them but that has been ignored too. We're now waiting until they can send either a better copy which is legible or take their chance through a court, which OH is prepared to do. An interesting point, a new card was sent recently AFTER account was placed in dispute (which of course was not activated) - now they are asking for cards to be sent back!! Have not sent them back after reading advice not to - but it does not look good for them being 'responsible' lenders now does it

 

Best of luck too!

[bozalt]

Hi IFTL

 

Hopefully they will get bored of calling soon, they stopped calling and texting me eventually but your right they rarely bother asking security questions.

 

From what I can work out the accounts are assigned to a collecter on a monthly basis so they just go through the same process each month until the account is passed to a DCA.

 

They do tend to ignore all guidelines, procedures and laws and do what seems to suit them, silly buggers. Its bizarre they sent you a new card when you are in dispute over your account.

 

I would hold on to that and see what defence they have when challenging their claims that they have a strict responsible lending policy!

 

I have decided to ignore MBNA and 1st credit until they are in a position to resolve the issues I raised, should they go legal I will have the makings of a solid defence. I find it bizarre that they offered to settle for 40%(partial settlement) of my account balance six months ago but now will not even accept reduced payments.

 

Its amazing that so many ex MBNA clients are experiencing this treatment and yet none of the credit trade publications or bodies are doing anything to protect consumers.

[bozalt]

I have now received a number of copy statements, not sure what this means all though they were alluded to in the letter received from 1st credit.

 

All I can see from the statements is that since telling MBNA that I had financial difficulties they have added about £2k in interest and charges.

 

Still wondering what they are intending to do next or what my next move should be............

 

:rolleyes:crumbs what happens next??

[bozalt]

I have now received a number of copy statements, not sure what this means all though they were alluded to in the letter received from 1st credit.

 

All I can see from the statements is that since telling MBNA that I had financial difficulties they have added about £2k in interest and charges.

 

Still wondering what they are intending to do next or what my next move should be............

 

:rolleyes:crumbs what happens next??

 

Well today I discovered what happens next, I received the attached letter,(also reproduced below) this is a bit of a worrying development!

 

 

_________________________________________________________

We act for 1st Credit (Finance) Ltd who have asked us to write to you concerning this seriously overdue account.You will appreciate that the debt has been formally assigned to our client by MBNA EUROPE BANK LTD

 

Unless full payment is made to our client within 7 days from the date of this letter we will be advising our client as to the most appropriate course of action. This could take the form of the issue of proceedings against you in the County Court.

Should that step be taken our client's claim will include statutory interest. Court fees and solicitors costs. If judgment is obtained against you then, after a period of 28 days, it will automatically be registered at the Register of County Court Judgments and may have an adverse affect on your credit rating.

 

We have also been informed by our client that they believe you have an interest in the above property. We have been instructed that if our client secures a County Court Judgment against you the next action would be to seek to enforce this by way of a Charging Order against your property.

 

If we are successful in obtaining a Charging Order it is possible that our client may instruct us to apply to the court for an Order for Sale of your property.

Alternatively our client may instruct us to issue a Statutory Demand which if you fail to comply with, could lead to a Bankruptcy Order being made against you.

 

Please note that we are not instructed to enter into correspondence with you prior to the commencement of legalproceeding. All payments and communications should be made directly to our client whose address is:-

 

Credit LTD. PO BOX 278. REIGATE, RH2 7WB. Please ensure that you quote their account number on all correspondence. If you are unable to make payment in full you must contact 1st Credit Ltd immediately, their telephone number is 0870 164 2045 your reference is

 

If you have appointed a third party please pass them this letter or contact them. The letter has been sent directly to you to ensure your prompt receipt.

LCS Solicitors is the legal division of 1st Credit Limited, registered in England and Wales number 3752940 Registered Office: Hill House, 1 Little New Street, London, EC4A 3TR

_________________________________________________________

 

 

My partner is very upset about the prospect of charging orders etc, particularly as one of my other creditors are already taking court action and threatening this. My propertyy has about £10k equity which by rights belongs to my partner although our Deed Of Trust confiming this has expired.

 

I would be really grateful if anyne could direct or advise on how I should respond to this? I was going to send a SARS to MBNA but also want a reply to get LCS/1st Credit off my back. I know the CCA is dodgy but am really worried about how to respond to this latest threat.

 

Thanks in advance for any advice.

 

B

MBNA.pdf

[Gazza112]

Hi Bozalt

 

Firstly calm down and that goes for your partner as well.

First MBNA are a load of T........h, they never do things in the correct order. There's quite a few steps down the road before and if they can get any charging order. You would have to go to Court first, and they would have to have an enforceable agreement. Then if they win and you get a CCJ against you and default that. They would have to go back to Court and get a Charging order.

 

Here's a letter you can send there Solicitor's.

 

Dear Sir,

 

Re :

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated (whenever, if a second class mail service was used mention it here), this was received on (whenever).

 

You have indicated that you are planning on applying for a summons in order to have a judgement entered against me.

 

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an application form is not a legally permissible substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and wilful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted omissions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

 

 

 

Hope this helps you

 

 

Gaz

[sunflower99]

Hi Bozalt

 

Firstly calm down and that goes for your partner as well.

First MBNA are a load of T........h, they never do things in the correct order. There's quite a few steps down the road before and if they can get any charging order. You would have to go to Court first, and they would have to have an enforceable agreement. Then if they win and you get a CCJ against you and default that. They would have to go back to Court and get a Charging order.

 

Here's a letter you can send there Solicitor's.

 

Dear Sir,

 

Re :

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated (whenever, if a second class mail service was used mention it here), this was received on (whenever).

 

You have indicated that you are planning on applying for a summons in order to have a judgement entered against me.

 

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an application form is not a legally permissible substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and wilful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted omissions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

 

 

 

 

Hope this helps you

 

 

Gaz

Hi Gaz

That is a great letter that Citizen B found! She is a life saver!I will be sending that of soon to Restons!:grin:

 

Hi Bozalt!i am in the same boat though mine for all my sins has been passed to Restons! who say they will issue proceedings against me so i will be sending that letter off!|Try not to worry.i know it is difficult but like Gaz says we are all in this together and will together make these ****s life hell like they are trying to do to us.

[Gazza112]

Hi Sunflower

 

Yes, great letter used that one on CL Finance not had a reply to that one yet but looking good.

 

Gaz

[bozalt]

Thanks Gaz that is much appreciated, I take it that until they respond they would be unable to take legal action?

 

Or if they did I could use the points raised in the letter and the actual letter being sent as my defence? TOgether with the fact they have been unable to respond to my initial queries in relation to the CCA?

 

I am very grateful to you and Sunflower for your advice and support, its reassuring that nice people are still around!

 

Thanks:-)

[Gazza112]

Thanks Gaz that is much appreciated, I take it that until they respond they would be unable to take legal action?

 

Or if they did I could use the points raised in the letter and the actual letter being sent as my defence? TOgether with the fact they have been unable to respond to my initial queries in relation to the CCA?

 

I am very grateful to you and Sunflower for your advice and support, its reassuring that nice people are still around!

 

Thanks:-)

 

Bozalt

 

Thats correct, what your doing in fact is putting the ball in there court.

It's upto them to supply you with those documents, weather MBNA play by the rules is another matter. But as you said if they don't supply documents, this will go well in your defence.

If it ever gets to that stage.

 

Gaz

[ifoughtthelaw]

Hi bozalt,

 

Don't worry - look at the wording in their letter - 'if', 'could', 'may' - these are all threats clearly designed to make you as the reader panic. MBNA DO NOT acknowledge anything and there is no option to correspond with them EXCEPT to make a payment. They are only interested in taking a payment and NOTHING else and are a law unto themselves. Unfortunately this does not wash with most of us here who now know a bit more about CCA Agreements that we did in the beginning of our dealings with them.

 

They will never acknowledge a clear dispute (there is no 'agreed dispute' in our case according to them if we agreed then it wouldn't be a dispute now would it? )

 

This is why they are so keen to get you on the 'phone and not by letter so that they can say anything they like to get you flustered. I used to be terrified of anything like this until I realised their arrogance and what they will resort to. It is not professional behaviour at all. The fact remains that your application form does not look completely legible. It also has the limits stated £1000, £3000, £5000 etc when your credit limit shows £4000 - doesn't this make it incorrect (correct me if I'm wrong anyone - I'm still learning) and no amount of blustering by them in the form of threats to claim or charge your home, harrassing telephone calls etc changes anything if it is incorrect. Just stick to the facts and don't let them bully you otherwise. I was a nervous OH too but now giving OH 100% support as I am shocked, but not surprised at how low they will stoop. The other threat always quoted is the credit file entry - we've given up worrying about that now as they will do it anyway and that is another organisation seemingly working hand in hand and making oodles of cash by selling your info on.

 

Only a Judge can decide what they threaten and it 'might' 'possibly' 'could' just go in YOUR favour if they are unable to produce a valid agreement. :grin:

 

In our case, the ball has been passed back to them to produce a legible agreement - OH is prepared to abide by a Judge's decision if they choose to go that far. Any good advice anyone?

 

Stay focused :grin:

x

[Gazza112]

Hi bozalt

 

Keep focused and learn from other threads on here.

You can take a look and learn something from mine, i'm at the Court stage.

Here's my link http://www.consumeractiongroup.co.uk/forum/legal-issues/162249-mbna-cca-agreement-help-25.html#post2079805

 

Gaz

[sunflower99]

Hi Sunflower

 

Yes, great letter used that one on CL Finance not had a reply to that one yet but looking good.

 

Gaz

Hi Gaz!

Yes Ciizen B was lovely i sent her an sos pm later after putting up that Restons letter and she responded within minutes!I see she has been promoted to a site manager,She was an excellent choice and has never let me down when i have asked for help.

 

Thanks Gaz that is much appreciated, I take it that until they respond they would be unable to take legal action?

 

Or if they did I could use the points raised in the letter and the actual letter being sent as my defence? TOgether with the fact they have been unable to respond to my initial queries in relation to the CCA?

 

I am very grateful to you and Sunflower for your advice and support, its reassuring that nice people are still around!

 

Thanks:-)

Hi bozalt!

I was glad to be of help,This is what is so great about this forum we can all pool our experiences and knowledge together to give these DCAs grief and make it harder for them to bully and harass us at the same time as giving each other friendship and moral support,and that together we can get through all the things these bullies throw at us!

 

Hi bozalt,

 

Don't worry - look at the wording in their letter - 'if', 'could', 'may' - these are all threats clearly designed to make you as the reader panic. MBNA DO NOT acknowledge anything and there is no option to correspond with them EXCEPT to make a payment. They are only interested in taking a payment and NOTHING else and are a law unto themselves. Unfortunately this does not wash with most of us here who now know a bit more about CCA Agreements that we did in the beginning of our dealings with them.

 

They will never acknowledge a clear dispute (there is no 'agreed dispute' in our case according to them if we agreed then it wouldn't be a dispute now would it? )

 

This is why they are so keen to get you on the 'phone and not by letter so that they can say anything they like to get you flustered. I used to be terrified of anything like this until I realised their arrogance and what they will resort to. It is not professional behaviour at all. The fact remains that your application form does not look completely legible. It also has the limits stated £1000, £3000, £5000 etc when your credit limit shows £4000 - doesn't this make it incorrect (correct me if I'm wrong anyone - I'm still learning) and no amount of blustering by them in the form of threats to claim or charge your home, harrassing telephone calls etc changes anything if it is incorrect. Just stick to the facts and don't let them bully you otherwise. I was a nervous OH too but now giving OH 100% support as I am shocked, but not surprised at how low they will stoop. The other threat always quoted is the credit file entry - we've given up worrying about that now as they will do it anyway and that is another organisation seemingly working hand in hand and making oodles of cash by selling your info on.

 

Only a Judge can decide what they threaten and it 'might' 'possibly' 'could' just go in YOUR favour if they are unable to produce a valid agreement. :grin:

 

In our case, the ball has been passed back to them to produce a legible agreement - OH is prepared to abide by a Judge's decision if they choose to go that far. Any good advice anyone?

 

Stay focused :grin:

x

Trouble is on my Restons threatogram i got WILL! However on bozalts one it is MAY.So bozalt as they are using the word MAY it means that at this point they are just threatening it as a scare tactic and a good chance they are not seriously thinking of definitly doing it at this point.

[bozalt]

Thanks IFTL, I am hoping there are enough defects in their CCA to make them have a rethink, they defaulted my account pretty quickly so I am not too concerned about my credit rating being damaged any further I think of my ten creditors totalling £60k+ seven of them have registered defaults but only MBNA and A & L have been unreasonable. Do you have a thread of your own that I can follow and give support at?

 

Gazza112 - I am subbing to your thread, thanks again for the letter and all your advice!

 

Sunflower - Once again thanks for your support, I hope they mean 'may' rather than will for you!

 

I will send the letter tomorrow which will hopefully slow them down, if they offered to settle for £2K like they did when MBNA had the account I would be happy!

 

Thanks for everyones advice and support and hope that you are all successful in getting the resolution you deserve. I will update my thread when I hear from them.

 

Enjoy the sun!

 

B

Edited April 5, 2009 by bozalt

[toto003]

Hi Bozalt,

 

I have looked at your agreement carefully and it is extremely similar to my agreement.

 

pt has already touched on this - but I dont think it will hurt to mention it again.

 

It is my opinion that your agreement is unenforceable, based on the fact that they have failed to state the interest rate.

 

If you read sections 1e and 1g VERY carefully,

 

1e: is a list that tells you the interest rate for transactions made within the promotional period (in this case the first 6 months)

 

Then it goes on to say - "in all cases we will then charge interest as shown in paragraph 1g ... "

 

Breach #1:

Now when you refer to paragraph 1g, there is a chart that states APR and monthly rates for three credit limits, £1,000, 3,000 and 5,000

 

The Credit Limit on your agreement is £4,000.

 

Breach #2:

Section 2 explains interest rate charges for handling fees etc and also refers back to section 1g - and therefore doesn't cover your credit limit amount.

 

I am sure there are other issues - especially the section on repayments. I am confident it is missing all the prescribed info - possibly because it refers to interest charges.

 

hope this helps.

[sunflower99]

Hi Bozalt

if you do go for a reduced settlement with them make sure they mar k it as a final one as MBNA and other pondlife DCAs are beggers for insisiting on marking it as a partial settlemrent and then selling rest of debt onto someone else and the horrendous cycle starts again,as someonn else chases you for rest of debt:mad:

[bozalt]

Hi Bozalt,

 

I have looked at your agreement carefully and it is extremely similar to my agreement.

 

pt has already touched on this - but I dont think it will hurt to mention it again.

 

It is my opinion that your agreement is unenforceable, based on the fact that they have failed to state the interest rate.

 

If you read sections 1e and 1g VERY carefully,

 

1e: is a list that tells you the interest rate for transactions made within the promotional period (in this case the first 6 months)

 

Then it goes on to say - "in all cases we will then charge interest as shown in paragraph 1g ... "

 

Breach #1:

Now when you refer to paragraph 1g, there is a chart that states APR and monthly rates for three credit limits, £1,000, 3,000 and 5,000

 

The Credit Limit on your agreement is £4,000.

 

Breach #2:

Section 2 explains interest rate charges for handling fees etc and also refers back to section 1g - and therefore doesn't cover your credit limit amount.

 

I am sure there are other issues - especially the section on repayments. I am confident it is missing all the prescribed info - possibly because it refers to interest charges.

 

hope this helps.

 

 

Thanks Toto that is very useful to know, does anyone know if this has been tested yet? I may well be needing to form a defense and it would be useful to quote any known cases. There appear to be a number of issues with CCA's like ours, if they are so sure it would stand up in court you would think they would let me see the original!

[bozalt]

Hi Bozalt

if you do go for a reduced settlement with them make sure they mar k it as a final one as MBNA and other pondlife DCAs are beggers for insisiting on marking it as a partial settlemrent and then selling rest of debt onto someone else and the horrendous cycle starts again,as someonn else chases you for rest of debt:mad:

 

Thanks sunflower they are properly cheeky, even if they agree not to pass the debt on and no one will chase I bet they do every time.

 

They tried that about five times before they passed the account to 1st Credit, I even have it in writing via email and letter offering to settle for between £2k and £2.9k and was going to do it but they would never confirm in writing f&f so it never happened.

 

[angel_1]

hiya bozalt and all

 

im just trying to catch up with you all

 

wow you miss a few days here and the threads get longer and longer lol

 

you lot chat for england,

 

anyways

 

if you are considering full and final, maybe an offer from a solicitor will make them sit up and take notice and their responce would then have to go back to the solicitor, im guessing if its worded in the right way and you want all adverse info off from your file and it s showing as Settled etc and no longer will be sold on or chased by anyone else, might be worth chatting to a solicitor that way you do have more of a legal standing perhaps only my opinion at the moment, but thinking of this for myself as another alternative

 

maybe the cheque coming also from another person that they have paid your debt for you, not directly from you,,,

 

off to do dinner said that already about 20 mins ago,,,lol

 

must go catch up laters angel x

[sunflower99]

Thanks sunflower they are properly cheeky, even if they agree not to pass the debt on and no one will chase I bet they do every time.

 

They tried that about five times before they passed the account to 1st Credit, I even have it in writing via email and letter offering to settle for between £2k and £2.9k and was going to do it but they would never confirm in writing f&f so it never happened.

 

Hi bozalt

yes that sounds like MBNA! What a low trick they play makeing out to people that they are open to negotiations for reduced settlements and when they reel people in who are not up to their tactics like you and me and lull the person into a false sense of security thinking they have no need to worry about that creditor any more .What a shock for the poor people when they realise what a low trick MBNA played on them and the whole nigtmare starts all over again when MBNA sells rest of debt onto another pondfeeder i should think that a lot of people are sent over the edge when this happens to them:mad:

 

If i get taken to court i will be telling the judge a lot about all thses tactics when i explain why i had to go down unenforceable cca route with MBNA for me and my husbands survivial.

 

hiya bozalt and all

 

im just trying to catch up with you all

 

wow you miss a few days here and the threads get longer and longer lol

 

you lot chat for england,

 

anyways

 

if you are considering full and final, maybe an offer from a solicitor will make them sit up and take notice and their responce would then have to go back to the solicitor, im guessing if its worded in the right way and you want all adverse info off from your file and it s showing as Settled etc and no longer will be sold on or chased by anyone else, might be worth chatting to a solicitor that way you do have more of a legal standing perhaps only my opinion at the moment, but thinking of this for myself as another alternative

 

maybe the cheque coming also from another person that they have paid your debt for you, not directly from you,,,

 

off to do dinner said that already about 20 mins ago,,,lol

 

must go catch up laters angel x

That is a great idea of Angel to try and get a solicter involved in negotiations with MBNA about settlements!Theywill see all the pitfalls and will manage to get these tactics of MBNA sorted,However unless you can get the services of a free legal clinic i suppose that is another big expense as solicters dont come cheap.! However there are some free legal clinics.One of my work colleagues told me about a free legal clinic that is not far from where i work where they give free legal adicce whers she got some advice about her divorce and other things.She says they have days devoted to debt issues She keep urging me to go about asking advice about my battles with the banks but according to Car and a lot of other people ordinary solicters in free clinics unlikely to be very clued up about cca issues and probably dont know as much as a cagger!but they should be able to help with sorting out full and final settlements with banks like MBNA! and know all the pitfalls! However i got a feeling that MBNA will soon back out if they try to have their agreement made into a full and final settlement .Just wondering if maybe if you looked into it if you might have a similar free legal clinic in your area to help you .and save you from running up expensive solicters fees

[ifoughtthelaw]

Hi bozalt,

 

Yes they really are cheeky! I wouldn't trust them at all - if it's not in writing as a full and final settlement it will be a never ending story. It wouldn't look good for them in court if you can show you were willing to offer and then they couldn't confirm F&F. I wonder what a judge would make of that? They will never leave you alone unless you stand up to them now.

 

I would be inclined to take the view that if they were stupid enough not to take the previous offer of 2k - they may well end up with nothing at all as your 'agreement' still looks dodgy to me! I am of course not an expert on any of it yet - but there are some very knowledgable people on here that are. I've started a thread now if anyone wants to have a look at what MBNA sent OH for his 'agreement'.

 

Thanks to all, keep smiling and enjoy the holiday - we all have the upper hand with dodgy agreements!

[bozalt]

hiya bozalt and all

 

im just trying to catch up with you all

 

wow you miss a few days here and the threads get longer and longer lol

 

you lot chat for england,

 

anyways

 

if you are considering full and final, maybe an offer from a solicitor will make them sit up and take notice and their responce would then have to go back to the solicitor, im guessing if its worded in the right way and you want all adverse info off from your file and it s showing as Settled etc and no longer will be sold on or chased by anyone else, might be worth chatting to a solicitor that way you do have more of a legal standing perhaps only my opinion at the moment, but thinking of this for myself as another alternative

 

maybe the cheque coming also from another person that they have paid your debt for you, not directly from you,,,

 

off to do dinner said that already about 20 mins ago,,,lol

 

must go catch up laters angel x

 

 

Hi Angel

 

That is a good idea, I will see if Citizens advice have a free legal advice session and perhaps get some guidance there. I have sent the letter that Gaz provided so will see what happens.

 

Today I also notice that the default I received refers to paragraph 8 on the therms and conditions, there is no paragraph 8 on the CCA although there is on the current T&C's that they sent through.

 

I have never been provided with the T&C's that applied at the date the contract/application was signed. I have sent a SARS to MBNA but I am guessing that as paragraph 8 is not shown on my CCA that this invalidates the default.

 

If anyone can advise regarding this I would be extremely grateful.

 

Thanks and enjoy your easter!