AK Claimform - MBNA card 'debt'

[MeeBroke]

Sent notification of dispute to Optima.

[MeeBroke]

Who can I complain to about MBNA's failure to comply? And what should I say. I want to keep a thick paper trail going showing that I was doing everything I could to get this sorted.

[MeeBroke]

Got a short letter back from Optima. They said letter meant nothing to them at all and should have been sent to MBNA-whom I've already sent the letter to FOUR TIMES.

 

Still nothing from MBNA.

[citizenB]

Who can I complain to about MBNA's failure to comply? And what should I say. I want to keep a thick paper trail going showing that I was doing everything I could to get this sorted.

 

 

If this is non compliance with a CCA request, then there really isnt anyone you can complain to:( Other than starting your own claim against THEM then I think you just need to sit back and wait.

 

If if is in respect of non compliance with a Subject Access Request then you can complain to the Information Commissioners Office.

 

The Financial Ombudsman wont want to know about either:mad:

[MeeBroke]

Thanks for that. How would I go about starting a claim against them?

[citizenB]

You might want to have a read of the following threads. Please read them through fully before making any decisions.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

and someone who did take a creditor to court to obtain agreement.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

HTH

[MeeBroke]

Only 5 or 6 pages into SMT's thread. Doesn't this route pretty much depend upon there being no agreement? I mean, if there is one and they simply are dragging their feet about disclosing, won't I get caught a long way out?

[citizenB]

Only 5 or 6 pages into SMT's thread. Doesn't this route pretty much depend upon there being no agreement? I mean, if there is one and they simply are dragging their feet about disclosing, won't I get caught a long way out?

 

 

Which is why I say read the threads thoroughly before coming to a decision.

 

You only alternative is to wait MBNA out and fight off any DCAs that approach whilst MBNA are in default.

[MeeBroke]

Which is why I say read the threads thoroughly before coming to a decision.

 

You only alternative is to wait MBNA out and fight off any DCAs that approach whilst MBNA are in default.

 

 

Ok, thanks. I had read your thread before and had pretty much decided it was early days for that. MBNA have been deafeningly silent thus far. I have no idea of where I stand but it's only been 4 months.

[citizenB]

Ok, thanks. I had read your thread before and had pretty much decided it was early days for that. MBNA have been deafeningly silent thus far. I have no idea of where I stand but it's only been 4 months.

 

The only other thing you can do is to contact your local trading standards offce. The creditor is after all, supposed to reply within 12 working days +2 . 4 months seems a long time for them to be searching.. !

[MeeBroke]

The only other thing you can do is to contact your local trading standards offce. The creditor is after all, supposed to reply within 12 working days +2 . 4 months seems a long time for them to be searching.. !

 

 

Agreed. I've now done just that. I emailed my local office outlining the situation. I've stayed away from the legalities, phone harassment etc and simply pointed out that they have ignored my request (and indeed all correspondence) for 4 months. We'll see if they come back with anything.

[MeeBroke]

I got an automated response telling me someone would look into the situation and get back to me within 7 days.

[citizenB]

You might find this thread interesting. It has just been updated. Whilst it might not be of any use to you in the short term, if this goes any further could be useful.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case.html

 

 

[MeeBroke]

Thanks for that, sounds very complicated.

 

I know it'd be pure speculation but, why on earth would they NOT supply my agreement after nearly 5 months?

[citizenB]

Thanks for that, sounds very complicated.

 

I know it'd be pure speculation but, why on earth would they NOT supply my agreement after nearly 5 months?

 

Many reasons...

 

Dont have it,

have it but cant remember where they put it,

not sure of it contains the prescribed terms and dont want to risk it.

just being bl**dy minded.

 

Please dont feel as they are just picking on you, I am sure you have read round the forums and know you arent alone in this respect.

 

Also there have been quite a few sucess stories where MBNA have been unable to produce the correct paperwork.

[MeeBroke]

I'm ever so tempted to send them another letter today. I have written it and wonder if I should send it. It is just a reminder that the account remains in dispute and that they have now ignored all of my previous letters (now 5) that were sent via Special Delivery, all of which I have retained proof of delivery. My short letter goes further to remind them that I have been in regular correspondence throughout and they have not responded.

 

Should I bother or will this just hack them off?

[rondodiver]

Hi Meebroke

 

Great minds think alike that is exactly what I have just done to remind them

[MeeBroke]

Hi Meebroke

 

Great minds think alike that is exactly what I have just done to remind them

 

I haven't sent mine yet but think I will now. Since they put the account into dispute they have added literally thousands of pounds in 'missed payments' and interest and late payments fees.

[MeeBroke]

I got an automated response telling me someone would look into the situation and get back to me within 7 days.

 

 

Original request made on 4th Sept. Still no word so I emailed the person who I got the auto response from at Trading Standards. I then got an Out of Office until NEXT Monday.

[MeeBroke]

Well well, I've finally heard back. I've had a long email in full support of my actions. They are sending me a letter in hardcopy to the same effect that I will one day produce in court should the need arise. Some key snippets:

 

"From your email to us, it is clear that you know the relevant section of the Consumer Credit Act 1974 as amended. I have, myself, double checked the section and you are right in stating that a debt becomes "unenforceable" while a request made correctly under its terms has not been complied with. In addition, if the default in providing the information lasts for more than 1 month, an offence may be committed by the company.

Since the agreement is, in law, unenforceable, while MBNA does not comply with your request, I believe that the threat of a charging order is simply an attempt to intimidate you into paying the alleged debt and cannot be backed up with action."

 

 

 

 

"I will write to you with the letter I have described above in the next few days. In the meantime, if you would like to discuss the matter further, or are content that I should pass details of your complaint to my colleagues working in enforcement, please do not hesitate to contact me. Please note that if the matter is looked into by enforcement, there exists the possibility that you might be asked to provide a witness statement that could be used in Court."

 

 

Note: I never suggested in my email that the debt was 'unenforeacble' I refered to it being in dispute

[MeeBroke]

Anyone managed to do this? I have contacted my local office and they say they are happy to help me but need a statement from me that can be used in court.

 

This comes after MBNA's refusal to acknowledge my initial request OR any of my letters for 5 months, all sent via Special Delivery, with proof retained.

[BankFodder]

Never heard about this before but it is very good news. Well done. Do you really mean the OFT? Or are you talking about trading standards? The OFT always seem to be completely reluctant to get involved on behalf of a single consumer.

 

I hope that you are going to provide them with a statement so that they get involved and companies like MBNA get to understand that consumers are not marooned and acting on their own. They will sometimes be supported by official organisations.

[MeeBroke]

I'm a bit confused myself. I have emailed the OFT on numerous occaisions and they have responded to say they won't help (as it's not in their remit).

 

This was a request to Trading Standards but they mention that the Enforcment Team will pursue MBNA on my behalf in court. They also mention the OFT will aid them. I have sought clarification but of course will be providing the statement required. I'd be happy to appear in court myself.

 

In fact I'd be happy to face MBNA in court today, if only they would respond to any of my letters. I find it amazing that they will not respond in any way. The only thing I have to go on was a phonecall, probably 6 weeks ago, where an MBNA robot confirmed they were in receipt of my letters.

[Coactum]

Just a thought, but if MBNA are refusing to communicate I'd guess it is because that either do not have your CCA or cannot locate it. Getting the OFT involved will undoubtidely find it if it exists and this could be to your detriment. Surely, writing to them repudiating any claims they make and stating that you have no knowledge of any contract with them and that their failure to respond to your CCA request supports this might be a better way to get them to go away.

[MeeBroke]

Just a thought, but if MBNA are refusing to communicate I'd guess it is because that either do not have your CCA or cannot locate it. Getting the OFT involved will undoubtidely find it if it exists and this could be to your detriment. Surely, writing to them repudiating any claims they make and stating that you have no knowledge of any contract with them and that their failure to respond to your CCA request supports this might be a better way to get them to go away.

 

 

I actually had the same thoughts. I wonder if there is any letter template around to this effect?