Help with MBNA CCA, please. - ***WRITTEN OFF***

[Laura Cooke]

diddydicky I`m quite happy to leave things just wanted someone to tell me that this was ok to do want to do things right they had gone quiet then I sent for sars. The same day as they write and tell me they cannot oblige without signature and proof of identity eg passport/driving licence they send my hubbie his first default

[diddydicky]

diddydicky I`m quite happy to leave things just wanted someone to tell me that this was ok to do want to do things right they had gone quiet then I sent for sars. The same day as they write and tell me they cannot oblige without signature and proof of identity eg passport/driving licence they send my hubbie his first default

 

post it up and lets have a shuftie (minus personal details)

[Laura Cooke]

will do asap it was on here but removed as apparently it revealed personal details

[diddydicky]

take out you name address the actual amount claimed and the account reference number

[diddydicky]

the easiest way (don't deface the original) is to make a photocopy of it and do all your work with the photocopy not the original

[wrungout]

Will send letter for mbna not complying to the sars. They have not complied to my cca request to the 2 accounts my hubbie as with them either I sent it in November they only sent 2 application forms one from 2005 had prescribed terms on back (but no reference on the front to that and they looked liked they`d been added to the bottom of the page at the back.) The 2003 aplication form had terms on front down left hand side but had clearly been cut and pasted to there (fraud) what letter should I send? if any at all

 

laura I have a similar agreement to your 2003 one and I have a copy of the original from application date. You are correct in that that there are two different addresses but my application/agreement form had everything on the one page. Just wanted to let you know, using words like fraud can get you into trouble if used incorrectly. Not trying to be obstructive, only helpful.

I'd be interested to know what advice you may get re placing the account into dispute given that the page is probably genuine.

[Laura Cooke]

Hi wrungout yes all terms on front page but the left hand side cannot belong to right hand side when it has 2 different addresses the left hand side as been added yours might be the original but it still doesn`t add up as how can the left show an address different to the right hand side? you can`t post yours up can you? another poster had one same as mine and hese won his case at court recently against MBNA

[wrungout]

Hi wrungout yes all terms on front page but the left hand side cannot belong to right hand side when it has 2 different addresses the left hand side as been added yours might be the original but it still doesn`t add up as how can the left show an address different to the right hand side? you can`t post yours up can you? another poster had one same as mine and hese won his case at court recently against MBNA

 

Hi again, all I'm saying is that I have a similar format to yours (and Gazza's) but I kept a copy of the original agreement so I know it isn't a pasted job. I also have two different addresses on mine. So that in itself doesn't necessarily make it a pasted job. Please be careful before levelling any accusations of fraud, in this instance they may be unjustified. Right click my name and you'll find my thread with the agreement.

I'll have to go back to Gazza's thread, can't remember how he won his case.

[diddydicky]

Hi again, all I'm saying is that I have a similar format to yours (and Gazza's) but I kept a copy of the original agreement so I know it isn't a pasted job. I also have two different addresses on mine. So that in itself doesn't necessarily make it a pasted job. Please be careful before levelling any accusations of fraud, in this instance they may be unjustified. Right click my name and you'll find my thread with the agreement.

I'll have to go back to Gazza's thread, can't remember how he won his case.

 

accusations of fraud are unjustified at any time with relation to these matters and will not win you the "judge lottery"

 

to my knowledge, no one has ever proved a case of fraud against a creditor in these matters

[Gazza112]

Hi All

 

I think your find that why there are two differant addresses is one is a regerstered address for the company and the other one is there trading address.

The reason i won my case was they never put the AQ's in on time allthough the Judge gave them more time to submit there paperwork.

The case in the end was struck out, which i then put in a claim for wasted costs. I have received back from the Courts today confirming that they need to pay by the 1st February costs of £685.00

 

Gaz

[wrungout]

Hi All

 

I think your find that why there are two differant addresses is one is a regerstered address for the company and the other one is there trading address.

The reason i won my case was they never put the AQ's in on time allthough the Judge gave them more time to submit there paperwork.

The case in the end was struck out, which i then put in a claim for wasted costs. I have received back from the Courts today confirming that they need to pay by the 1st February costs of £685.00

 

Gaz

 

Hi Gazza, thanks for the clarification on your case and well done on the costs.

Can you remind us what your main defense points were going to be with regard to your Ryanair account, was it the agreement itself or defective DN or suchlike??? OK you're right, I'm off to re-read your thread!!!

[Gazza112]

Hi wrugout

 

My main defence was the agreement, but most it was the DN and the NOA.

 

Gaz

[Laura Cooke]

Didn`t mean to upset anyone with the fraud term just my own personal term read a lot of threads and that is basically what as been going on with a lot of the creditors be different story if it was a debtor doing same, other things are on my terms such as advising you to read certain numbers on the terms that don`t even show anywhere

 

In this day and age a lot isn`t what you know it`s who you know and it frustrates me how much underhandness goes on if i can call it that instead lol

Edited January 15, 2010 by Laura Cooke

[Laura Cooke]

Well done Gazza pleased on your outcome but puzzled about my application now from 2003 what was your defence on the agreement? as it`s same as mine this refering to terms 11 and paragraphs 4 on mine when nowhere to be found as me

[Gazza112]

Well done Gazza pleased on your outcome but puzzled about my application now from 2003 what was your defence on the agreement? as it`s same as mine this refering to terms 11 and paragraphs 4 on mine when nowhere to be found as me

 

 

Hi Laura

 

Your find that i never put in a full defence for my case, as CL Finance/Howard Cohen never sent me any paperwork through so i couldn't defend any of there allegations.

 

I did file this defence and counterclaim with the Courts.

 

My defence and counterclaim will include the following main points. Please note, further points can and will be added on receipt of the information requested above:

 

1. MBNA has sold you this account unlawfully due to their continuing default of my request under Section 78 of the Consumer Credit Act 1974. This is because they have never supplied to me the terms and conditions applicable at the time the account was opened.

 

2. The default notice sent to me by MBNA is invalid as it contains penalty charges and interest unlawfully applied to the account. This means that the next step of Court action cannot lawfully be taken.

 

3. My reputation has been damaged by the unlawful entry of this default on my credit reference file.

 

4. Your claim in the County Court is an abuse of process in light of the above and I will ask the judge to strike out your claim in my defence.

 

5. The case of Wilson vs. First County Trust clearly sets a precedent that the creditor loses all rights under an agreement if they do not comply strictly with the requirements of the Consumer Credit Act 1974.

 

6. The case of Kpohraror v Woolwich Building Society shows clearly that substantial damages can be claimed for injury to a person’s credit rating, without the need to demonstrate any actual damage suffered. The amount awarded was £1,000 and I shall be

claiming this amount from you.

 

 

7. The case of Woodchester vs. Swayne & Co demonstrates that the Court cannot enforce an agreement if the specified steps in the CCA 1974 have not been correctly followed prior to any Court Action. In this case, the lack of a correct default notice and the unlawful terminating of the agreement will render the Courts unable to enforce this alleged debt.

 

Please do not claim that you are not the creditor and therefore not liable for these claims. Section 189 of the CCA 1974 states:

 

“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor.

 

This clearly applies to you and shows that you are now the creditor in this matter.

 

Furthermore, please do not claim that these requests should go to CL Finance as you are only acting for them. I point you to Section 175 of the CCA 1974 which states:

 

175 Duty of persons deemed to be agents

 

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

Therefore you are responsible for actioning these requests.

 

I would still hope to resolve this matter amicably and without the need for court intervention, but do not feel able to do this whilst your claim remains with the Court. Should you withdraw this action, and give me written notification of such, then I shall discuss a possible settlement of this alleged debt with you. This will NOT include:

 

1. Your costs for the application to Court.

 

2. Any fee for your services.

 

3. Any interest applied to the account whilst MBNA has been in default of my Section 78 request.

 

4. Any charges applied during the same period.

 

 

I shall also expect a substantial discount on any amount left. CL Finance will have bought this account for a fraction of the amount claimed, and I have been distressed and inconvenienced by your actions and the actions of MBNA. Any offer will be made strictly without prejudice.

 

I await your response and, in any event, the information formally requested above.

 

Yours faithfully

 

 

 

 

Gaz

[Laura Cooke]

Thanks for that Gazza hubbie as received a Default notice for one of his two accounts with MBNA it`s dated 11th it came on 15th and it has to be remedied by the 28th January any comments please

 

Also when people send for the sars and the creditor keeps stalling as you have not provided a signature I would assume that this cannot then put the creditor in default? as a signature is one of the conditions of the sars? is this the same with the cca request? if it is neither of these would be in default would they? on the basis you haven`t provided a signature

[Gazza112]

Thanks for that Gazza hubbie as received a Default notice for one of his two accounts with MBNA it`s dated 11th it came on 15th and it has to be remedied by the 28th January any comments please

 

Also when people send for the sars and the creditor keeps stalling as you have not provided a signature I would assume that this cannot then put the creditor in default? as a signature is one of the conditions of the sars? is this the same with the cca request? if it is neither of these would be in default would they? on the basis you haven`t provided a signature

 

Hi Laura

 

Yes, they've still not let you anough time to remedy as i think without looking at my default notice. It says on or before the remedy date, so your would be the 27th January.

 

I'm not to sure about signature, as i think there's been a recent amendment to this. But do what i did with one of mine when they asked for a signature and that was to put a load of X's though it.

In that way they can't lift it if they needed to try.

 

Gaz

[Laura Cooke]

I wrote to MBNA on 11th November for my hubbies cca`s for his 2 accounts with MBNA. They sent me application forms back with up to date terms and conditions I wrote back on 8th January stating that they had not complied properly to my cca request for the 2 accounts held with them today my hubbie as received identical items from MBNA to the one`s they sent in November for just one of the accounts the 2003 one (The one with the terms down the left hand side on the front)

 

Yesterday my hubbie received a default notice for the 2005 account that had terms added to the back page at the bottom with no reference on the front to this advice please

No default been received for the 2003 account but back in August did get a "Default Notification" for the 2005 account whatever that is it said on it in bold letters "It`s not too late to prevent termination of your agreement"

[Gazza112]

Hi Laura

 

Your find that the letter's you have received is the exact same letter's that i and many other cagger's have received from these muppets.

The reason there not sending the original, is probably that they haven't got one.

There is only one thing they said which is true and that is THey will terminate your account.

 

Gaz

[Laura Cooke]

So now what happens about the cca request to MBNA as they only repeated what they sent me in first place and they seem to be only concentrating on one account not both of them?

 

The Sars when creditors don`t send that after the 40 days as gone because they state they want a signature what happens with that? many on the site say send a signature ets it`s not that simple they want the exact one and to confirm that they want to see a passport or driving licence, I appreciate people on the site stating you under no obligation to do this but the fact is the creditor isn`t forwarding these details until they get them so what can you do?

 

All creditors ask for the same items MBNA are the only one`s so far that have sent anything others just sending letters stating they can`t without proof of who my hubbie is and a signature so I keep reporting them to ICO which is probably a waste of time and sending them letters as recommended off the site pointing out I don`t have to send these documents they request but I`m at a stand no paper work being sent it`s so frustrating

[Gazza112]

Laura

 

I think your find that the Information Commissioner's Office only deal with SAR's. It's the OFT that you need to report it to if my memory serv's me.

 

Gaz

[Laura Cooke]

Thanks Gaz people on here say they are both a waste of time I think the amount of court cases/claims is giving them too much to do and they can`t cope same with courts I think they`ll cange some laws soon to limit action by consumers? you can`t advise on my Lloyds Tsb thread can you no one come back to me

[Laura Cooke]

Comments please on this default off MBNA it has date of 11th January it arrived 15th January I saved envelope which states nothing on it to be remedied by 28th January

[diddydicky]

if it was 2nd class it is a day short

 

can you post up the envelope - is it royal mail or other

[Laura Cooke]

Had this come today comments please again just for the one account from 2003 nothing about the 2005 account