MBNA CCA only 1 of 2 received

[haggis1984]

Standard letter - basically theyve given up so they're going to sell the account to a debt collection agency to do the hard work.

 

What action have you taken so far?

[lochlisa]

I have made them an offer of monthly payment after involving CCCS. I sent my own budget sheet with the offer and have started paying the token amount by standing order already. The FSO is involved as MBNA have not supplied a copy of my executed agreement.

 

So, who can I expect to buy up the debt?

[lochlisa]

I have had MBNAs own people ringing and pestering me as well as their Indian call centre so far.

[haggis1984]

Fire off this letter, recorded delivery:

 

Harassment by telephone - Consumer Wiki

 

Also, if you can log onto your account online you can change your phone number on there. This stopped them calling immediately when I did it.

 

 

Unfortunately the FOS are likely to tell you that 'enforcment is a matter for the court' and will not make any ruling on your complaint.

 

What have MBNA provided you with so far? If its just standard T&Cs make a complaint to the OFT/Trading Standards. Their guidance:

 

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

 

They could instruct any of a number of debt collectors. They seem to choose them arbitrarily. Ive got Lowell chasing me.

[stevehatesbankers]

Hi lochlisa

 

Credito Experto bought mine. You'll be pleased to be shot of MBNA

[Dotty50]

Hi Lochlisa

 

dlc (Hillesdens) bought mine!

[dx100uk]

I have made them an offer of monthly payment after involving CCCS. I sent my own budget sheet with the offer and have started paying the token amount by standing order already. The FSO is involved as MBNA have not supplied a copy of my executed agreement.

 

So, who can I expect to buy up the debt?

 

if mbna have not complied to your cca why are you payingthem anything?

 

have they replied, and you think its unenforceable, or have they not replied to a cca request fullstop.

 

dx

[lochlisa]

if mbna have not complied to your cca why are you payingthem anything?

 

have they replied, and you think its unenforceable, or have they not replied to a cca request fullstop.

 

dx

 

 

MBNA have replied to one of the CCA requests. The 2nd card account has never been replied to, the cheque has been cashed, follow up letters ignored and this is the one now with FSO.

 

I was advised to stop paying, then advised to pay token so I started paying £1 per month and sent them my budget sheets with the offer in writing.

 

MBNA have provided a final response stating that they have complied with the CCA request and this letter is with the FSO.

 

What else can I do now?

 

Lisa

[Dotty50]

I would stop the token payments, myself but that is always your choice.

 

Payments, even of £1 delays the Statute Barred situation.

 

Who advised you to make the token payments?

[lochlisa]

I was advised by CCCS to offer and make £1 token payments. I can easily stop that as it was by standing order so under my control. I will however continue the £1 payment to the account that they complied fully with the CCA for as that is all I can currently afford and the CCA was enforceable.

[Dotty50]

In that case I would probably do the same.

 

I see you have involved FOS, I assume this is to do with the one that has not supplied the CCA. I have this problem too. What sort of response have you had from them?

I have read on other threads that they are taking a long time due to the number of complaints they are having to deal with

[lochlisa]

the FSO have the case, I have a case number and have been advised that MBNA have been written to as a result of them sending me a FINAL RESPONSE.

 

I have also been warned that things could take several months to be investigated.

 

Looks like I will now have the debt sold on by MBNA whereupon I ask the DCA to supply an executed agreement and also claim the debt has been illegally sold on as no CCA was supplied by MBNA?

 

I am starting to get confused and thank goodness for this site where a lot of people have excellent advice.

 

Lisa

[Dotty50]

Just read as much as you can on here with similar cases (there are a lot).

 

You may already have been told to keep everything in a file, send any letters by recorded delivery, you can then print the proof of delivery off the royal mail website and this should also give you a signature receipt (though not always).

 

I have since read that some Caggers date stamp receipt of letters, probably most important with a DN (as long as you make sure you put the REQUIRED date on this one ) Always keep the envelopes with any letters received as well.

 

I am waiting for response to SAR at the moment, in order to see what they produce as they sent me a final response in January, denying receiving anything from me, despite me having signed proof of delivery of letters sent since April 09!

 

My only mistake, as far as I know, so far, is not getting confirmation that the £1 postal order was encashed, but will be requesting this from the royal mail, just takes a little longer as they archive after 90 days, they did say that archiving usually indicates that it has been cashed.

 

Once I have the evidence, my next move will be FOS.

 

Sorry if I have said what you may already know but if you don't then it will be of use.

Edited February 14, 2010 by Dotty50

[lochlisa]

MBNA have still not complied with CCA. This is now with FSO as MBNA have sent their final response stating they have complied.

 

MBNA continue to send statements with Interest charges, late payment charges and overlimit charges despite the account being in Serious Dispute.

 

I completed CCCS I&E form and sent it to MBNA and have started paying £1 per month. Have had no formal response to this as yet.

 

I have been given conflicting advice on this A) stop paying altogether and B) continue to pay the £1 to show you are serious about paying back the debt.

 

If I stop paying altogether I think things will escalate quickly and I will be able to 'force their hand' in a CPR (or will I?) and bring this to a close.

 

MBNA have already stated that they will write off one or more of my debts soon and that smells like hiving it off to a DCA who will have no chance either as they will not be able to provide a CCA if MBNA can't.

 

I am sitting here doing nothing about this debt (apart from the £1) and was wondering if I should just sit and let it take its course or whether I should be provoking the issue and preparing my case for a fight?

 

I also read there is to be a hearing in the commercial court in July 2010 over a CPR and that most cases will be stayed pending that outcome. Des any of this affect what I should/should not do?

 

Thank you in advance for any constructive advice that may help me and others in the same position.

 

Would be even more confused with the CAGers!!

 

Lisa

[lochlisa]

as the title says the FOS intervention has resulted in a cobbled together CCA being sent that I find 'dubious' to say the least.

 

During the period where MBNA failed to supply a CCA I was hit by charges and penalties despite having the account 'in dispute'.

 

What is my next move now? I will scan the 'CCA' and post it tomorrow and see what you guys think.

 

Should I claim back the charges and penalties as a start?

 

thanks, Lisa

[haggis1984]

Hi lochlisa,

 

I wouldnt bother with a charges reclaim if your not making payments anyway. You can use the charges as part of your defence in court (if it gets that far) or if it turns out the CCA is okay and you start making payments again.

 

How old is the account, and was it originally taken out with MBNA?

[lochlisa]

here is the 'cobbled together' CCA.

 

is it enforceable guys?

 

e.g Details of other service charges are set out in section 4. (where is section 4, need to click a link to get it?)

 

 

Edited February 26, 2010 by lochlisa

[haggis1984]

Have a look here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

When was the account opened and did you apply online?

[lochlisa]

I cannot remember if I applied online or anything else. I am hunting out old paperwork as I cannot access my online account any more since they blocked me.

 

I was an existing customer when I applied for the second account so can only assume it was an online thing. Early 2008 looks about right though.

 

Funnily enough, in todays post just received a letter from MBNA moving my accounts on to a Hardship footing and freezing all further charges whilst I am only able to pay £1 per month.

 

Am I cheeky in asking them to remove the charges for the past 4 months as it has taken them that long to agree to this £1 deal?

[haggis1984]

If you dont ask you dont get!

 

IMO its very unlikely that MBNA would fail to provide something enforceable for a court since its such a new account.

 

So since it looks like there's no issues with enforceabillity I think your best plan is to start a charges reclaim and stick to the £1 a month. Is the interest frozen too?

[supasnooper]

IMHO, the agreement is enforceable as it contains the Prescribed Terms.

 

It appears to be an omline application so ticks would suffice for yours and MBNA's signatures.

 

Here's The regulations covering these agreements - The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Have MBNA sent you a Default Notice under s87 of the CCA 1974 ?

[lochlisa]

frozen charges and interest so stops things getting any worse for the moment.

[Guest Old_andrew2018]

Bump

[lochlisa]

just had letter from Experto credite saying they had bought my debt from MBNA.

 

I had an agreement with MBNA to pay at £1 per month on this account.

 

This is the first letter I have seen about selling the debt.

 

Do I need an SAR to find out the date it was sold or what do I do?

 

any help much appreciated please !!

 

thank you.

[lochlisa]

More info for you:-

 

DN from MBNA gave me until 25th May to pay arrears.

 

letter from Experto dated 27th May.

 

did they really sell the debt that quickly? may be I can claim unlawful rescinding?

 

Do I need to go to the expense of £10 SAR or can I find out the date the debt was sold some other way?

 

thanks !!

 

Lisa