sawney v mbna2

[sawney]

this is strange one this.

 

sent cca request to mbna (which they received 12/1/09) regarding credit card which was taken out with BOS in 1995 but later taken over by mbna around 2004.

 

as a footnote to the cca request i additionally requested that they did not contact me by telephone.

 

I was amazed to receive a reply today from ol' Bez confirming that my telephone numbers had been removed from the system blah blah..

 

then the letter goes on to say:

 

"The documents we are required to provide you with in accordance with s78 of the CC Act 1974 will be forwarded to you under separate cover.

It is not neccessary for us to respond to your request that we confirm we have the original agreement, as the act requires us to provide a copy only."

 

What?..

That to me sounds like some kind of forewarning of imminent cowdung from stasi headquarters.

[sawney]

got another letter today with copies of an agreement, unfortunately the agreement is not for the account i had requested.

Edited January 23, 2009 by sawney

[sawney]

I wrote back to ol' Bez and pointed out that the stuff he/she/it/they had sent me wasn't actually anything to do with the account in question.

I got a reply back in a blisteringly fast 3 days to the effect that they were fairly sure it was but could I send the documents back to them just so they could make sure lol.

 

Honest .. I very nearly wet myself.

[maroondevo52]

sawney, you could'nt make that up

[sawney]

maroondevo52 you couldn't make it up mate.

 

I was so intrigued by that reply I gave them a call this afternoon to try and get some clarity.

 

Well 3 calls actually.

 

First call I asked to be put through to compliance department and got an Indian sounding chap. I asked to speak to Bez Sh@w. The Indian sounding chap put me on hold for 6 minutes then killed the call.

 

Second call I asked to be put through to compliance department and got an Indian sounding chap. Again I asked to speak to Bez Sh@w. The Indian sounding chap put me through to a scouse sort of accented fellow who said he was Bez Shaw and took my details and passed me on to a nice lady who tried to put me through to Bez Shaw. wtf?

 

Third call I asked again to be put through to compliance dept. This time I was connected to a mancunian type chap who told me Bez Sh@w was in fact on holiday.

 

I'm now starting to wonder if this Bez fella actually exists or if he's a figment of my postmans imagination.

 

:-|

[maroondevo52]

I'm now starting to wonder if this Bez fella actually exists or if he's a figment of my postmans imagination.

 

:-|

 

 

Maybe he's back with the Happy Mondays

[sawney]

Maybe he's back with the Happy Mondays

 

dunno mate but he's certainly twisting my mellon man

 

 

 

[sawney]

hi again

 

right .. since my initial CCA request was sent on 09/01/09 and I haven't actually received any documents pertaining to this particular account what should I do now?

[maroondevo52]

Hi,sawney.

 

You either, just sit it out a bit longer or send the'dispute' letter.

Are you still making payments to the card ?

 

Regards.

 

Scott.

[sawney]

Hi,sawney.

 

You either, just sit it out a bit longer or send the'dispute' letter.

Are you still making payments to the card ?

 

Regards.

 

Scott.

 

Yes maroondevo, still making payments.

should i stop?

[maroondevo52]

Hi, sawney.

 

It's up to you, regarding the payments, you are well within your rights to stop, as they are in default of your request.

 

The only down side is they may default you, they should'nt but might.

 

Are there any charges you could reclaim on the account.

 

Regards.

 

Scott.

[sawney]

Hi, sawney.

 

It's up to you, regarding the payments, you are well within your rights to stop, as they are in default of your request.

 

The only down side is they may default you, they should'nt but might.

 

Are there any charges you could reclaim on the account.

 

Regards.

 

Scott.

 

yes quite a large amount of late payment charges m8.

from what I've learned on here they can't default me till I miss 7 payments?

 

 

thanks

[sawney]

quick update.

 

still no response to my last letter.

also now missed a payment and not so much as a phone call.

 

not sure if this is good or bad

 

thinking of sending dispute letter, could someone point me at the correct template please?

[maroondevo52]

Hi, sawney.

 

There's one here.........

 

ACCOUNT IN DISPUTE

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The absence of any relevant paperwork confirms that I am not liable for any debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx/xx.2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. 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.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. If you continue to harrass me without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

Also please note I am of the view that your continued harassment of me by telephone puts you in breach of CPUTR 2008 and also in breach of the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

I look forward to your reply.

 

Yours faithfully

 

 

 

**Edit to suit** send recorded and don't sign it.

 

Regards.

 

Scott.

[sawney]

thanks for that maroondevo52, i'll be getting that off to them tomorrow.

 

With regards to them registering information with the CRA's would I be correct in thinking that if they cannot supply me with the CCA they should remove any info they have already registered?

 

thanks again.

Edited March 1, 2009 by sawney

[maroondevo52]

With regards to them registering information with the CRA's would I be correct in thinking that if they cannot supply me with the CCA they should remove any info they have already registered?

 

 

Hi,

 

Not too sure about that one, getting them to change anything regarding entries

on your Credit File is difficult.

 

Have a look in this Forum...........

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

You might find something of interest.

 

Regards.

 

Scott.

[sawney]

hello again, I got a reply yesterday with a copy of an application form..

 

they've sent the front of the document printed on both sides of an a4 sheet but haven't actually sent a copy of the reverse side of the original, is it worth writing back and asking for a copy of the reverse?

 

 

 

i'd be very grateful for any opinions.

 

IMAGE HERE

 

 

thanks again

Edited May 6, 2009 by sawney

[maroondevo52]

Hi, sawney.

 

You could send one of the following, whichever you feel happy with......

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

Or..........................

 

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. 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.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

amend to suit your circumstances.

 

Send recorded, again don't sign it.

 

Regards.

 

Scott.

[sawney]

thanks MD you're a star.

 

Just one point unsure about.

Regarding this part:

 

"To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this."

 

On the application form in the "DATA PROTECTION" part there is mention of allowing details to be shared with CRA, does this matter?

 

Or is this voided by the fact that the application doesn't conatin the appropriate details to be considered properly executed?

 

 

many thanks.

[maroondevo52]

Hi,

 

Not too sure

 

I'll ask 42man to have a look, may not be until tomorrow.

 

Regards.

 

Scott.:

[42man]

You will find that they will register defaults on you, whether the agreement/application is correct or not, it is their process and they will probably not deviate from this unless you get into a potential court battle, and get a judge to rule on your agreement...they will of course continue to say that they are right - did you see this ? - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

[sawney]

You will find that they will register defaults on you, whether the agreement/application is correct or not, it is their process and they will probably not deviate from this unless you get into a potential court battle, and get a judge to rule on your agreement...they will of course continue to say that they are right - did you see this ? - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

having a read through that 42man.

 

looks like court is the only way to go from here.

 

 

thanks for your help.

[sawney]

Hi again folks..

 

I sent off maroondevo52s dispute letter on 20th July.

 

I haven't had a reply to the dispute letter but I received a "default notice" on 20/8/09 demanding payment of £xxxx by 7/9/09.

 

default notice

 

Since then I've had a letter from Optima Legal seeking payment of the full balance. I spoke to Optima on the phone and stated to them I wasn't prepared to make any payment since I had disputed the account by letter on 20/7/09 but had no reply from MBNA.

 

 

The nice lady at Optima said she would contact MBNA to try and clarify the situation.

 

Any suggestions as to what my next move should be?

 

Or should I wait till they start court proceedings?

 

 

 

thanks in adavance

[sawney]

Just updating no reply expected.

 

I got a call from Optima today asking me very nicely if I'd be willing to pay 60% of the balance and they'll tippex out some of the nasty red byro from my once pristine credit file.

 

 

 

To be honest the way the judiciary of our not so great UK are pleasuring the banks it actually looks like a good deal

 

nahhh...f*ck3m

Edited November 27, 2009 by sawney

[sawney]

Another 0ptima call today.

 

Asking this time if I'd be willing to make a 50% of balance payment.