Mbna

[woody1066]

Ok I think that we have established that this is to say the least unenforcable, (unless anyone thinks differently), what would you advise me as my next step?

[SteveH2508]

Your next step depends on your circumstances and what you want and what you are prepared to sacrifice.

 

The CAGger Banker Rhymes With has put up some excellent posts pointing out the pros and cons of the various courses of action open to you. I would read those carefully before you make your next move (or do nothing).

 

The sorts of things you need to consider:

The state of your account with MBNA

The state of your credit file at the moment

Are you going to need a good credit file in the next six years? (for mortgages, jobs, etc..)

How far are you prepared to fight this (given that it will be a long haul and it will turn nasty)

 

You may need to make some preparations before you 'press the red button' (parachute bank account, remove direct debits, change phone numbers etc..)

 

There is a lot to think about BUT you are the one calling the shots now.

[woody1066]

I think I shall go down the SAR route and claim back their charges and PPI. I will hold onto the cut and paste CCA to see if they decide to threaten me with court anymore. Although I am tempted to get OFT involved

[woody1066]

Does anybody have the link to the S.A.R. request letter?

[Pinky69]

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name __________________

[woody1066]

Thank you very much

[woody1066]

I am kinda bumping this because I would like a second opinion as to my best course of action (no disrespect to you Steveh) but I feel pretty racked off with MBNA trying to con me.

 

I have considered going down the no cca no pay route but I dont want my crdeit rating buggered. So I have decided that I am going to take them down the claiming back of illeagal charges and dodgy PPI route.

 

I will send the SAR request but can anyone help me out with tips towards claiming these charges back

[Pinky69]

If you go to the main Debt Action Group page, there are specific threads on claiming charges there; one deals with PPI and further down one deals with MBNA. You can read all the posts there then start your own for any clarification.

[SteveH2508]

Having now seen this MBNA 'agreement' http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/173666-please-help-mbna-cca.html

 

there is absolutely no doubt that your document is a very poor attempt at a 'cut-and-paste'.

 

At the very least the OFT should be informed - conduct of this nature calls into question their fitness to hold a Consumer Credit Licence.

[woody1066]

I have spoken to OFT who say that it is a matter for trading standards.

 

Spoken to trading standardards who say it is a matter for FOS.

 

Spoken to FOS who say it is a matter for The FSA

 

Spoken to the FSA who say it is a matter for the OFT

 

 

 

AAAAAAAAAAAAAAAAAAAAAAAAAAARRRRRRRRRRRRRRRRRRRRRRRRRRRGGGGGGGGGGGGGGGG

[Von Greenbach]

I have spoken to OFT who say that it is a matter for trading standards.

 

Spoken to trading standardards who say it is a matter for FOS.

 

Spoken to FOS who say it is a matter for The FSA

 

Spoken to the FSA who say it is a matter for the OFT

 

 

 

AAAAAAAAAAAAAAAAAAAAAAAAAAARRRRRRRRRRRRRRRRRRRRRRRRRRRGGGGGGGGGGGGGGGG

Send a complaint letter to the lot of them requesting it be invesgtigated prior to contacting your MP.

[woody1066]

Well I have requested complaint forms from all of the above and have got nothing back. I now live in a world of frustation and despair. they continue to claim over £100 per month for a credit card debt that has been vastly inflated by missold PPI, interest rate hikes and illegal late payment charges.

 

Because I live with my partner she does not want her credit file to be affected, so I am very limited as to what i can do.

[woody1066]

There have been developments. I have sent MBNA the standard SAR request letter and got this back in the post today:

http://i376.photobucket.com/albums/oo201/woody1066/mbnabs.jpg

 

 

Any suggestions?

[the_shadow]

There have been developments. I have sent MBNA the standard Subject Access Request request letter and got this back in the post today:

http://i376.photobucket.com/albums/oo201/woody1066/mbnabs.jpg

 

 

Any suggestions?

 

 

Either send them a photocopy of your driving licence which should be difficult for them to blow the signature up (if they were so minded)

 

Or in the reply letter, draw a box in word and shade it lightish grey, then sign it. Should make it unworthy of spending the time and expertise to lift that off (again if they were so minded)

 

PmW

[Pinky69]

Don't send them anything! If they are not sure who you are, then they shouldn't be asking you for any kind of payment on an alleged account.

[woody1066]

If I dont send them anything then they will not send my SAR. If I do send them a signature then they may well reproduce it. If I stop paying they destroy mine and my partners credit rating. I was feeling empowered by this site now I feel as if I am defeated.

[cerberusalert]

Under the data protection act they are within their rights to see proof of ID. A photo copy of your driving licence is adequate & the signature difficult to lift. Even if they did you could force them to produce the original CCA with a court action.

 

As for your other concern, unless your partner is financially linked with you it would have no bearing on her credit file if you were defaulted.

[woody1066]

Under the data protection act they are within their rights to see proof of ID. A photo copy of your driving licence is adequate & the signature difficult to lift. Even if they did you could force them to produce the original CCA with a court action.

 

As for your other concern, unless your partner is financially linked with you it would have no bearing on her credit file if you were defaulted.

 

 

As she lives with me we are financially linked.

 

I will send them my drivers licence and see what other excuses they come up with.

[cerberusalert]

Living with someone does not make them financially linked.

 

To be linked you have to have a joint bank account or loan, credit card, mortgage hire purchase agreement....things of that sort.

[cas93]

You could write back and point out that for x amount of years they have been sending highly sensitive information in the form of statements containing your personal information including your credit card number, to your address. Ask them if they are now telling you, that after all this time they have been careless in sending all this to you without confirmation of your ID each time:D

 

cas

[woody1066]

I have bumped this back up as i would like some more opinions on the alleged CCA they sent me.

 

Let me play devils advocat and imagine that the one they sent me is not a cut and paste (big leap required there), but just on the off chance, would it be enforcable?

[smt37]

Personally, I wouldn't risk that in court. MBNA could argue that the mis-alignment must have occurred during the scanning and might produce another agreement to show the judge what it should look like without the misfeed, or even your original one . Despite the law, judges have been known to enforce the debt on the basis of rubbish - like the time an original creditor had no agreement at all, but produced a cut-up card in court with the debtor's signature on the back - one that he sent back.

 

The only way would be to get an independent professional document examiner to certify that the copy has been falsified and see if this would be admissable in court as a defence...

 

Alternatively, you could argue that it's illegible - but even I can make out that the prescribed terms are on there, so that's also a weak argument.

[woody1066]

This is partly what I suspected. I think the CCA route in this case is possibly fraught with danger.

 

I have SAR'd them but we have reached an impasse on the signature issue

[WelshMam2009]

This is partly what I suspected. I think the CCA route in this case is possibly fraught with danger.

 

I have SAR'd them but we have reached an impasse on the signature issue

 

Wasn't your signature on the document that they sent you Woody?? Others seem to send their driving licence with the signature blanked off together with utility bills and have had their SAR's sent.

 

After receiving your CCA I would have been inclined to write back and ask them if they could supply a better copy as the one you received seemed a bit 'jumbled up' (so to speak) and also, could they confirm that they were 100% certain that this was indeed your personal CCA.

[sunflower99]

If you not got round to sending them proof for your Sar i got a letter you could send them which i manged to get them to comply without having to send any documents