Mbna

[Capricorn1601]

I am just about to send out my CCA to MBNA, and have being trying to prepare myself for what is ahead. I know they aren't just going to roll over after a few letters and say, hey you've got us, you dont have to pay your credit card bill, but does everyone really get harassed and chased by them?

 

I have held this CC since about 2000 and took it out originally as a Homebase CC. I was offered last year 0% balance transfer so I loaded it up and wanted to take advantage of their offer. I am up to date with payments, except about 3 months into the Balance transfer they claim I was late with a payment, hence the interest starts.

 

Again I must stress, I am up to date with my payments, so I am not in the hands of a DCA. I am really worried about them harassing me and ringing me up once this starts, also I cant afford for them to hike up the interest on the balance.

 

I will send off the CCA letter today, but am wondering once I have the details back, should I give this over to a legal company to handle this for me?

[clemma]

You can post your response on here and you will get all the help you need

[Capricorn1601]

Ok, I've done it now, no going back. I was going to be brave and do 5 CCA's at once. But I chickened out and have just sent 2. One to MBNA and one to Egg.

 

I was one of those thousands of customers who last year had their accounts cancelled. Yes I owe them a bit of money on my CC but as I always pay by DD, I never ever missed a payment. So I thought what the hell nothing to lose on this one.

 

So 12 days + 2 to wait now. Ive sent the Postal Orders as advised and made them 1st class recorded delivery.

 

If any of you could give me words of advice as to how to handle things going forward I would appreciate it.

[clemma]

It's 12+2 working days, so if you have had no response by the 16th March (or an inadequate response), then you can send the "in dispute" letter. After the 12+2 days, if what they send is unenforceable (thats if they send anything at all), then you can effectively stop paying them.

 

If you are at all unsure as to whether what they send is unenforceable, then try and post scans of the documents on to this thread (blanking out personal details) and you will get advice on them

[Capricorn1601]

Not heard anything yet from MBNA. I shall wait to see what Monday brings then send them the in dispute letter. They have sent me my latest statement. Would it be wise to pay this one? (I'm not currently in arrears but, do owe them rather a lot of money on the card).

[clemma]

That is your choice as to whether you pay BUT remember from Monday they are in default of your request and you can LAWFULLY with hold your payments

[Capricorn1601]

Hi

 

Still not heard anything. I have receive my next statement, and have posted on their secure website that they are in default of my request. They have responded by saying they dont have any record of my request and will investigate and get back to me in 4 weeks.

 

what next?

[shakti]

hi capricorn i sent mine to mbna on the same day i stopped paying them after the account was upto date and have heard nothing as yet and i don't expect to other than the usual "cut up your card blah blah" i read some of the other threads on the net about mbna and they are serious head in sands i also had a ltter from RMA cos i stopped paying them ha ha all good fun

[shakti]

report them to the FOS for failing to supply you with a CCA i'm about to draft my letter this weekend good luck!!

[cerberusalert]

They don't have an extra 28 days so send them this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[Capricorn1601]

help!!!!

 

I sent MBNA the letter above, and received a letter back saying that they would respond to me by 05/05.

 

I replied back:

 

 

 

 

I am in receipt of your letter regarding my complaint. Please note that you had until 12 working days from the receipt of my original letter dated 24 February to respond to my request. You have failed to do so therefore, until I receive the Credit Card Agreement, to which I am legally entitled to and to which I have paid you £1 by postal order, I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. Until you have responded to my request no payment will be made against this account.

 

 

I have now received this from MBNA:

 

 

Received: 21/04/2009

 

Your complaint has been logged and we have until 05/05 to respond to this. In the mean time you are still responsible for the balance of £13684.84 unless we have advised you otherwise. Failure to make payments whilst the account is still subject to the terms and conditions may result in both fees being applied to your account and your credit file being adversely affected.

 

 

What should I do?

[cerberusalert]

Make a complaint to the OFT because they are in breach of the OFT guidelines The Office of Fair Trading: Debt collection practices ignore what it says about advisors & third parties, this complaint procedure is open to everyone.

[Capricorn1601]

Hi

 

Just checked my account on line this morning. My payment was due to be paid on by Saturday, and I have told them my account is in dispute etc so it will not be happening. As yet there is nothing recorded as overdue amount.

 

A message was left on the secure messaging area to say they would only correspond with me now via letter or telephone, I think they have finally got the message I mean business now, but I am scared. I am hoping they cant ring me as I havent given them my mobile number, and the one on the system is really old.

[cerberusalert]

I am hoping they cant ring me as I havent given them my mobile number, and the one on the system is really old.

There's little chance of them 'phoning if they haven't got your number.

 

Whilst the a/c is in dispute they cannot continue with collection activities nor can they add interest.

[Capricorn1601]

Thanks, for your support. I will let you know if I hear anything from them. They appear t have given themselves until 5th May to find the agreement, not sure what they intend to find or re-create, or why it should take them so long.

[cerberusalert]

MBNA live in their own little world, they seem to think that the CCA 1974 doesn't apply to them when they fail to comply within the statutary time limits.

[squidward]

Hi Capricorn1601 and all

 

Subbing -

 

I've Just submitted my Account in Dispute letter today, I have to admit I have been considering possible outcomes, but at the end of the day they wouldn't think twice if the boot was on the other foot.

 

I have to say I got a great feeling when handed it in even though it's gonna be hassle.

 

Squidward

[Capricorn1601]

I think it must be a common theme with MBNA, they try to ignore you hoping if they do it for long enough you will go away. Not sure how old my agreement is, but must be around 2000-2002 and was originally a Homebase credit card. I think I remember being approached by someone in a car park at Homebase on my lunch hour.

 

I thought long and hard about doing this, and even considered paying one of these companies to do it for me (one quoted £99 all in). At the end of the day the money is better in my pocket.

[squidward]

I contacted a company and they wanted 450.00 for the first card and 150.00 for every other and then 1000.00 one off payment when the first card was written off.

 

I am doing this to get out of debt and any money saved will help me clear another debt. Hopefully get Mr, Mrs and the little squids in a good position again.

 

besides the amount of interest I've paid MBNA I think they've had there

 

Lott !

 

Good Luck with yours

 

Squidward

[Capricorn1601]

Just had a letter this morning from MBNA.... makes me want to scream. They now acknowledge my letter of 24th February, received by them 0n 25th February (they attached a copy), but say to comply with my request I need to send them a cheque for £1.

 

I DID... or rather a Postal Order, for which I have the receipt. Is there a way of checking whether they have cashed this in, or should I just write back and say I sent it and quote the reference number.

 

HELP!!!

[cerberusalert]

see here; can you check to see if a postal order has been cashed?

[Capricorn1601]

Just sent them a reply to their letter today, re-emphasising my bemusement to their obvious delaying tactics and reminding them that this account is in dispute and has been since 16 March.

 

I also sent them a copy of the receipt for the Postal Order. It is now up to them to find it, or take it out of the draw where they hid it!!!!

[Evil Noodle]

Capricorn1601 I have been in the same boat as you with the CCA requests etc.. unfortunately it is a waiting game and nothing is going to happen over night my advise to you is to forget about it until they contact you again then post it on here.

 

I was always waiting for the letter through the letter box and it just did my head in, you have done everything right so far so its down to them now dont let it take over your life. It is down to them to prove/provide the information you have asked for.

 

Good luck.

[Capricorn1601]

I think the fun is now starting, and really need all your help and support to get through this.

 

I checked my work mobile today (saturday) and had a missed call. The caller left a message and said it was urgent and to call them back. The said it was RMA?

 

Just looked them up...... MBNA debt collectors.

 

I am really up to my neck with worry. My husband has just been put under threat of redundancy so my stress levels are high.

 

What should I do? I have put the account into dispute and they have ignored it.

[squidward]

Hi Capricorn1601

 

I know how you are feeling RMA work along side MBNA I have had telephone calls from them to which I sent them this letter

 

them sent them I sent them this letter below courtesy of cerberusalert for his help with this letter sent recorded delivery

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print name do not sign

 

If they ignore this and contact you again ( My was a letter and phone call you can report them to TS and OFT.

 

I hope this helps

 

Squidward