Fireyjack Vs MBNA- The Fight Begins!!

[fireyjack]

And boy, have MBNA incurred my wrath.

No longer will they feel powerful by giving me demeaning phone calls, repeated demands, outrageous rates of interest, threats, text messages and best of all, demands for payments that have already been made (Obviously inter-departmental communication is outstanding at MBNA).

It stops here. So after one last call tonight (following up one of their texts) they are to be informed that all correspondence will be in writing and should they contravene that then it shall be recorded and logged.

 

Phew!!- I hope that shows the fire in my belly at the moment. I've a feeling I'll need it though.

So folks, I may be asking for help with regard to CCA requests etc over the next few days. All help will be gratefully appreciated and I will help anyone that I can to keep a harmonious balance.

 

So, where do I start with the CCA request? I got my card (sold to me in a supermarket by a very pushy saleswoman) in 2004. Is it likely they'll have the CCA?

 

Many thanks all.

Edited February 3, 2009 by fireyjack

[supasnooper]

Hi There, welcom to CAG.

 

here's the letter for your Consumer Credit agreement request to MBNA

 

 

Amend to suit, do NOT sign it, enclose a £1 unsigned postal order, send by recorded delivery service, sit back and wait at least 12 working days to see what MBNA have for 2004.

 

 

 

 

Your Road,

Your Town,

Your County,

Your Postcode

Date, 2009

The Loan Company

Their Road,

Their Town ,

Their County,

Their Postcode.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Re: Account no: ***************

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order ( *********) in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

Yours faithfully,

 

Your Name

[fireyjack]

Hi Folks

 

Personal issues (not altogether unrelated to MBNA) put this on the back burner but as of Thursday their 12(+2) days begins.

 

Here goes!!!!

[diamondgirl]

When you get your CCA from them scan it to your thread so everyone can have a look but remember to remove all personal info and any barcodes that might be on it.

 

DG

[fireyjack]

Quite amazingly (or maybe not after reading of their behaviour) while my payments are up to date Aegis have started their calls within a couple of days of my CCA request landing at MBNA towers.

Nothing was sent in writing first which seems to be how they have worked in the past.

Still, I suppose it means I can get the 'No More Phone Calls' letter to them nice and early.

[diamondgirl]

Get your harrassment letter let them know you are the boss not them.

 

DG

[fireyjack]

Time is running out for them.

Could anyone be so kind as to point me to the next letter with regard to them not supplying the CCA within the requested period?

[MeeBroke]

When you get your CCA from them scan it to your thread so everyone can have a look but remember to remove all personal info and any barcodes that might be on it.

 

DG

 

...and best of luck, I've been waiting for 5 months for mine and still nothing. Not even an agknowledgement of any of my letters (all sent vis Special).

[fireyjack]

...and best of luck, I've been waiting for 5 months for mine and still nothing. Not even an agknowledgement of any of my letters (all sent vis Special).

 

Has the telephone/letter harrassment continued during this period?

 

Got a cracking picture of calls to my mobile- 8 calls in 10 minutes!! Think I'll bank that one.

[MeeBroke]

Has the telephone/letter harrassment continued during this period?

 

Got a cracking picture of calls to my mobile- 8 calls in 10 minutes!! Think I'll bank that one.

 

 

I sent the telephone harrassment letter early on and they stopped completely. I've maybe had 5 calls in 4 months-all of which I ignored. No letters of any sort.

[diamondgirl]

Fireyjack have you sent the harrassment letter off yet, if not, get it sent.

 

If you don't get your CCA in the 12 + 2 days send them the account in dispute letter.

 

DG

[fireyjack]

Account in dispute & harrassment letters have been posted. Aegis have gone quiet but.....

 

Something that needs signing for is waiting at the post office.

Is it likely that MBNA would send it recorded?

[fireyjack]

Well, the recorded post was something altogether nicer- a cheque of reclaimed PPI from another institution.

 

But, had a call last night from MBNA offering "Good news" (their words) which was that they had teamed up with some company that could give me a loan to consolidate all my debts.

 

Is it legal to offer such credit to someone already in problem debt?

 

Its certainly not moral but thats never bothered MBNA before.

[fireyjack]

All quiet on the (north) western front.

No phone calls, no letters (apart from one saying a payment of £11 was due) and still no CCA.

 

I have found what could be an ace up my sleeve- While sorting some paperwork the other night I found the statements for a Virgin/MBNA card that is now closed and I payed PPI on for at least two years.

As its a closed account I'll be pursuing that right away.

 

Thanks again CAGgers- it feels so good to regain control.

[fireyjack]

Had a couple of 'voice texts' left on the answerphone- is this their way of getting round the harassment letter I sent them.

Anyway, still no CCA but a letter informing me they are withdrawing my line of credit and reporting the arrears to the credit reference agencies.

This is despite the account being in default.

Oh, and a letter came last week from 'Gail Powell' last week informing me that I should have a reply to my 'complaint' by 19th October.

 

Can anyone advise on what the next step should be?

 

I have a friend who is a tabloid journo and I'm seriously considering him doing a piece on MBNA with my case as an example as we've discussed it before and with the current low opinion of banks would be lets say 'somewhat topical'.

[MeeBroke]

Had a couple of 'voice texts' left on the answerphone- is this their way of getting round the harassment letter I sent them.

Anyway, still no CCA but a letter informing me they are withdrawing my line of credit and reporting the arrears to the credit reference agencies.

This is despite the account being in default.

Oh, and a letter came last week from 'Gail Powell' last week informing me that I should have a reply to my 'complaint' by 19th October.

 

Can anyone advise on what the next step should be?

 

I have a friend who is a tabloid journo and I'm seriously considering him doing a piece on MBNA with my case as an example as we've discussed it before and with the current low opinion of banks would be lets say 'somewhat topical'.

 

 

Remember, the account is in 'dispute' not default. They are not allowed to report you to CRA's or even demand payment for that matter.

 

I want to take them to court for doing just that to me. See my thread about it. I'm speaking to a solicitor in the next couple of days.

 

I'd deffo pursue the journo route, if you didn't mind having to go public about it. I know I would as I've done nothing whatsoever wrong-other than demand a copy of my CCA when MBNA could not explain why they had upped the interest on my account for no reason.

 

If I can figure out how, I'm going to sue for a figure MUCH higher than the balance on the disputed account (and it's pretty high).

[fireyjack]

Thanks Meebroke.

 

I will send them a letter informing them of their position.

 

As for the journo route- thats something which, if all doesn't go well I may do as its a matter of time before the red tops turn on them in my opintion.

[MeeBroke]

Thanks Meebroke.

 

I will send them a letter informing them of their position.

 

As for the journo route- thats something which, if all doesn't go well I may do as its a matter of time before the red tops turn on them in my opintion.

 

I honestly feel the endgame is near with the likes of MBNA. They're losing cases all over the place, flagrantly breaking UK laws and are blinded by their arogance in their approach to customer service.

 

Many of us are honest, law abiding people who have always paid their debts etc and are simply calling them on their illegal behavior. We are not used to being bullied by loan sharks-which is what MBNA have become. They do not differentiate their behaviour. You are treated the same whether you are a 'bad debt' or simply someone that thinks they're being ripped off and want clarification on the terms of the account.

 

Their lies and deceit will be their undoing. I, for one, am the kind of person to take things as far as they can go-just on principal. Sorry for pontificating.

[fireyjack]

Well, they couldn't resolve my complaint by the date they said so have said it will take another month.

Had a young chap from them on the phone last week:

"What I need to make you aware of is that the case that was on BBC the other week went in the favour of the bank"....

 

Me: "Did I tell you I was recording this call"

 

MBNA: Click..........

[fireyjack]

Got a statement yesterday (Despite my line of credit being supposedly removed 3 weeks ago) that showed them still adding interest and fees.

 

Still getting the one call a day- one to my bosses direct line the other day (I rang Aegis to make a payment from it 7/8 months ago)- they assumed he was me and started trying to get a payment. Surely that breaches all Data Protection rulings?

[fireyjack]

Got a letter informing me they will be registering a default with the credit reference agencies. Now, I thought this was not allowed due to the account being in dispute.

Is there a letter template I can send to re-iterate this?

[fireyjack]

Well, the Optima letter has now turned up. Should I CCA them?

 

Also got a reply to my telephone harrassment letter- you probably all will guess that they are saying they are acting reasonably.

 

Had a number of anonymous texts "Please call one of your banks".....misleading to say the least.

 

Starting to wonder where to go with this one.