Mbna Nightmare!!!!

[Cornucopia]

Sounds like a lot of backpedaling to me lol

 

Hello love! You reckon?!! I hadn't looked at it like that!

 

I am going to finish the Bill letter tomorrow, really need a night off from it tonight and I want to see if anything arrives in the post from Arrow in the morning, I shall send it your way over the weekend if that's OK and then in the post it goes on Monday!

 

Hope you've had a good day! x:)

[Cornucopia]

AFTERNOON COMRADES!

 

The post arrived this morning - Arrow are officially in breach of my CCA letter. Not a thing from them! Fab!

 

Right, my letter to Mr Wareing off first thing Monday morning. Am going to issue a Section 85 default aswell.

 

Did I read somewhere that Chorlton has a hangover?? All that celebrating from winning??!!!! I bloody hope so!

 

Also, can everybody please say a a big Happy Birthday to Stansfield!

 

She might not thank me for that but she deserves a happy birthday for being such a star!!!!

 

xxx

[singletracker]

Keep it up Corn. I had to chase MBNA for statements after SAR had expired (2 accounts) - they claimed to have mistakenly not included them with their offer letter! Refused offer, phoned with figures and after a few reminder callsfrom me, had a return call. Agreed on a settlement figure £200 lower than I requested just to have it sorted. Got a letter today offering cheques for less than the agreed figure and refusing to remove my default. Awaiting yet another returned call and I'm going to insist on the full figure as they have broken our agreement. They also changed the schedule agreed for sending of cheque!

Also have same problem with transfer of my account to DCA, no D of A to me, so CCA sent off to DCA on Tuesday. I have also insisted that all payments are made direct to me. Refund is for charges they made, so money to you. They sold account, so they have no right to deal with DCA, that is for you to do (just in case payment goes missing somewhere between MBNA and DCA). Lets hope DCA cannot comply with CCA - that will be fun!!

Keep pushing, don't take no for an answer and don't forget to pursue them for 24.9% contractual interest.

[Cornucopia]

Keep it up Corn. I had to chase MBNA for statements after S.A.R - (Subject Access Request) had expired (2 accounts) - they claimed to have mistakenly not included them with their offer letter! Refused offer, phoned with figures and after a few reminder callsfrom me, had a return call. Agreed on a settlement figure £200 lower than I requested just to have it sorted. Got a letter today offering cheques for less than the agreed figure and refusing to remove my default. Awaiting yet another returned call and I'm going to insist on the full figure as they have broken our agreement. They also changed the schedule agreed for sending of cheque!

Also have same problem with transfer of my account to DCA, no D of A to me, so CCA sent off to DCA on Tuesday. I have also insisted that all payments are made direct to me. Refund is for charges they made, so money to you. They sold account, so they have no right to deal with DCA, that is for you to do (just in case payment goes missing somewhere between MBNA and DCA). Lets hope DCA cannot comply with CCA - that will be fun!!

Keep pushing, don't take no for an answer and don't forget to pursue them for 24.9% contractual interest.

 

Thank you for your post and welcome to the board! The DCA are now in breach of the CCA so I am going the whole hog now and will be using Section 85 non-compliance. Take a look at Battleaxe does MBNA for further information on this. You made need it!!

[singletracker]

I have been studying these threads for a while now, before I finally plucked up the courage to take on MBNA. CCA to DCA only posted Tuesday, so have a while to wait on that yet.

Spoke to MBNA again, latest is they made an error on the figures and will amend it. They are looking into removal of default as I am insisting upon it being removed. Letter written up and off to post it in a bit. I'm not shifting on default and will follow process further, I expect they will comply eventually, that or we will meet in court and I'll be chasing every last penny.

Got SAR and CCA for student loans to post too, fed up of their dirty tactics and it's time to fight back. As my loans are pre 98 they are covered by CCA and hassle relates to arrears caused by their failure to action my deferrment - they "lost" the letter, something I've seen a lot of on this site!

[Cornucopia]

I have been studying these threads for a while now, before I finally plucked up the courage to take on MBNA. CCA to DCA only posted Tuesday, so have a while to wait on that yet.

Spoke to MBNA again, latest is they made an error on the figures and will amend it. They are looking into removal of default as I am insisting upon it being removed. Letter written up and off to post it in a bit. I'm not shifting on default and will follow process further, I expect they will comply eventually, that or we will meet in court and I'll be chasing every last penny.

Got S.A.R - (Subject Access Request) and CCA for student loans to post too, fed up of their dirty tactics and it's time to fight back. As my loans are pre 98 they are covered by CCA and hassle relates to arrears caused by their failure to action my deferrment - they "lost" the letter, something I've seen a lot of on this site!

 

That's good news, all going in right direction! MBNA have refused point blank to remove the default despite only issuing one by e-mail and not a hard copy. Remember that it is likely that the DCA has put a default on too, you need to check that out. I will be very interested to see how you get on with that so please keep me posted in this thread or let me know the name of your thread so I can subscribe to it.

 

You will get lots of support so stay close by!

[Cornucopia]

AFTERNOON COMRADES!

 

The post arrived this morning - Arrow are officially in breach of my CCA letter. Not a thing from them! Fab!

 

Right, my letter to Mr Wareing off first thing Monday morning. Am going to issue a Section 85 default aswell.

 

Did I read somewhere that Chorlton has a hangover?? All that celebrating from winning??!!!! I bloody hope so!

 

Also, can everybody please say a a big Happy Birthday to Stansfield!

 

She might not thank me for that but she deserves a happy birthday for being such a star!!!!

 

xxx

 

Oi all you buggers! I thought you would be shouting out loud for me today after my failed CCA!!! Especially you two Iwannabedebtfree and Chorlton!! Mind you, Chorlton might still be hungover!!!

 

Is it because it is Friday and you're all on the lash??!! Especially Stan, of course, as it is her birthday!

[chorlton1]

Hi honey x

 

I feel awful - mainly for not being here to scream out loud about your CCA, or wonderful lack of it, and a little bit because I had about 15 too many G&T's last night and I feel like pants!

 

I am really chuffed for you - lets see what they do now!!!

 

Happy Brithday Stan xx

 

I am now off to bed again - promise will be more talkative and constructive tomorrow!

[Cornucopia]

Hi honey x

 

I feel awful - mainly for not being here to scream out loud about your CCA, or wonderful lack of it, and a little bit because I had about 15 too many G&T's last night and I feel like pants!

 

I am really chuffed for you - lets see what they do now!!!

 

Happy Brithday Stan xx

 

I am now off to bed again - promise will be more talkative and constructive tomorrow!

 

Off to bed??? You bloody lightweight you!!! 15 G&T's? Is that ALL?? Dear oh me, the youth of today..................! Get your butt over here and I'll give you a run for your money (although I am a wine girl, don't do pints!!!).

 

I am not even going to mention my CCA except to say :

 

HOW BLOODY CHUFFED AM I??

 

Sleep well hun, don't forget water & nurofen xxxx

[iris14]

I can really identify with you! The MBNA charm school leaves me so frustrated and my husband on the point of a nervous breakdown. I am so glad I found this site, we felt that we were in the minority, obviously not. I am going to reqest list of charges etc straight away and try to get the ball rolling. The reading on this forum is very informative and I don,t feel like we are on our own anymore.

 

Good luck with them, next time I visit my sister in North Wales I will go into Chester to check out their office, maybe put some invitations on a website for travellers to set up in their car park!

[chorlton1]

15 too many G&T's - it was the ones before that laid the foundations for major damage (and also meant I sent a really bitchy email to BCard who promptly settled my credit card claim but told me in no uncertain terms I hadnt got a leg to stand on with my charge card - well, ho hum, I know I do so 'ere we go again....

 

C - have you sent Mr Wareing his letter? Am gettting in the haboit of sending them registered on a Saturday so they have a nice bit of reading on Monday mornings!

[Cornucopia]

15 too many G&T's - it was the ones before that laid the foundations for major damage (and also meant I sent a really bitchy email to BCard who promptly settled my credit card claim but told me in no uncertain terms I hadnt got a leg to stand on with my charge card - well, ho hum, I know I do so 'ere we go again....

 

C - have you sent Mr Wareing his letter? Am gettting in the haboit of sending them registered on a Saturday so they have a nice bit of reading on Monday mornings!

 

Oh dear C! Hope you're feeling better today! That's a bit of a result with Bcard, don't listen to the rubbish they are spouting...you know what to do!

 

We received another charming letter from Eversheds this morning :

 

Dear Mr Cornucopia,

 

You have failed to make repayment as requested in connection with the outstanding debt.

 

Please note that our instructions are now to commence further action. We may now, without further notice, issue proceedings through the Court, or alternatively, instruct a local Collection Agent, who will attend your address to arrange repayment.

 

Should you wish to avoid such steps becoming necessary, please ensure that you now respond by return of post to this letter.

 

Yours faithfully

 

Eversheds LLP

 

 

Bunch of bloody idiots! Arrow have obviously not told them that we have come to an arrangement with them via MBNA. Funny how they keep firing off letters without answering or acknowledging any that I have sent them!

 

In the same post, following my complaint to The Law Society, I received a letter from the Solicitors Regulation Authority saying they have opened a file in the Conduct Assessment and Investigation Unit. They are allocating a case worker but this may take 4-6 weeks (! - no sense of urgency there then!). Lets see what they make of all this!

 

I haven't yet sent my letter to Bill as I wanted to make sure Arrow failed the CCA first and also I can add in this additional information. I will be posting it on Monday but will fax it to them on Sunday. Battleaxe, if you are reading this, do you have a direct fax for him? I have a fax number but not sure if it is his department.

 

Another day...........another dollar!!

[Cornucopia]

I can really identify with you! The MBNA charm school leaves me so frustrated and my husband on the point of a nervous breakdown. I am so glad I found this site, we felt that we were in the minority, obviously not. I am going to reqest list of charges etc straight away and try to get the ball rolling. The reading on this forum is very informative and I don,t feel like we are on our own anymore.

 

Good luck with them, next time I visit my sister in North Wales I will go into Chester to check out their office, maybe put some invitations on a website for travellers to set up in their car park!

 

Hello Iris! Thanks for your post and welcome to MBNAWorld ™

 

I love the idea of sending travellers to their car park! You go girl! You live very near me, perhaps I should come with you!!!!

[stan5131]

Great news Corn! Thanks for birthday wishes. Sorry I wasnt on the site yesterday, but birthday celebrations were in hand.

 

Eversheds need a letter in big RED writing along the lines of "your clients are in breach of the Consumer Credit Act. You need to take further urgent instructions. Any further actions taken by yourselves will not only be succesfully defended, but I will issue a counterclaim for damages, stress, and compensation"

 

They would be laughed out of court!

[Cornucopia]

Great news Corn! Thanks for birthday wishes. Sorry I wasnt on the site yesterday, but birthday celebrations were in hand.

 

Eversheds need a letter in big RED writing along the lines of "your clients are in breach of the Consumer Credit Act. You need to take further urgent instructions. Any further actions taken by yourselves will not only be succesfully defended, but I will issue a counterclaim for damages, stress, and compensation"

 

They would be laughed out of court!

 

Don't you dare apologise! Hope you had a fab day!

 

Oh I am bored of Eversheds letters now, they are just so, errrrrr, SAMEY!!!

 

They are complete idiots, call yourself a lawyer.............

 

Obviously we still have the MBNA disease of left hand, right hand etc.....

 

Am looking forward to drafting that letter tomorrow, have not done it today as daughter has had her mate over for a sleepover and it has been chaotic to say the least!

 

Stan, will be emailing you tomorrow with final draft, hope that is OK, want you to double check before I post it, am adding loads of other stuff as I am so pi**ed off with it now that I just think, in for a penny...........

 

Anyway, am off to drink some wine and have a pizza......happy Saturday everybody xx:D

 

PS : At the mere mention of Corn and wine, Stan will run for cover and switch her phone to "off"!!!!!

[stan5131]

pmsl...... love the signature!

 

Looking forward to receiving copy letter, when youre sober, of course!

[Cornucopia]

Thank you! Says it all really!!! LOL!

 

Right, letter pretty much done and ready to go tomorrow, I think it is quite effective, don't you Stan?!?!

 

I am now off to write a very rude letter to Eversheds. They are really really getting on my nerves now............they don't want to be doing that!

[Cornucopia]

Thank you! Says it all really!!! LOL!

 

Right, letter pretty much done and ready to go tomorrow, I think it is quite effective, don't you Stan?!?!

 

I am now off to write a very rude letter to Eversheds. They are really really getting on my nerves now............they don't want to be doing that!

 

Morning guys!

 

Am off now to post my letter to Bill, along with a very rude letter to Eversheds (copied to their Client, Arrow Global).

 

Nothing in the post this morning from either of the above.

 

I have held back all my email correspondence with MBNA as this could be useful later, however, I have included all written correspondence as back up information including an attachment of the wording of Section 85. They can't ever say I haven't made a monumental effort to sort this out.

 

As Arrow & Eversheds are now in breach of the CCA, should I write to them now (the official letter) or should I wait until the 30 days are up and they have committed and criminal offence? Or should I wait to see what response I get from MBNA?

 

Am like a cat on a hot tin roof at the moment!!!!

[seniorservice]

I'm just posting this here as it seems to be relevant to what's going on. I've been waiting since November for MBNA to respond to my CCA request and it seems pretty clear that they're not going to be able to (just sent copies of the application form). However I had a long, rambling letter from them which mentioned the following as an excuse for not complying "...the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make clear that there is no requirement for the copy of an executed agreement to contain the original signature box." Anybody got any idea what they are going on about and is this relevant to a S78(1) request or is it just rot to disguise the fact they can't come up with the copies (or maybe they're defective in some way).

[Cornucopia]

I'm just posting this here as it seems to be relevant to what's going on. I've been waiting since November for MBNA to respond to my CCA request and it seems pretty clear that they're not going to be able to (just sent copies of the application form). However I had a long, rambling letter from them which mentioned the following as an excuse for not complying "...the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make clear that there is no requirement for the copy of an executed agreement to contain the original signature box." Anybody got any idea what they are going on about and is this relevant to a S78(1) request or is it just rot to disguise the fact they can't come up with the copies (or maybe they're defective in some way).

 

Hello Seniorservice, that's interesting! An application form is NOT a copy of the original agreement and I would certainly challenge that. The quote you give regarding the 1983 regulations is a new one on me and I would hope somebody else will know more about this and post (Stansfield - you'll probably know about this as will Battleaxe). It sounds to me like they simply cannot produce your agreement. I personally wouldn't have waited this long. I am pretty sure that there is a letter you write which basically says they can stuff it as they haven't produced proof of the debt. I don't know what your situation is, but I would let them take you to Court and explain that to the Judge. They are waffling and stalling if you ask me. Can anybody else help with this one??

 

I don't mind this being on my thread as it is relevant to me so thank you for posting it Seniorservice!

[ladybird17]

S85 of the CCA basically states (and I'm summarising this in my own words) that every time a new(i.e.subsequent) "credit token" - which includes a credit card - is issued it must be accompanied by a copy of the original agreement. So, when you card expires, or you lost it, or they issued you a new card with chip & pin, they must send you a copy of your original agreement. See thread Consumer Credit Agreements - which is long, complex, but ultimately, HUGELY enlightening!

[seniorservice]

Thanks Cornucopia - can't find out very much about this regulation but think it may apply to copies provided when the agreement is signed - I've certainly never mentioned anything about the signature box to MBNA. The letter is definitely on the defensive and seems to be grasping at straws - if they'd got the executed agreement they would have produced it by now. Interesting to hear others opinions.

[Cornucopia]

S85 of the CCA basically states (and I'm summarising this in my own words) that every time a new(i.e.subsequent) "credit token" - which includes a credit card - is issued it must be accompanied by a copy of the original agreement. So, when you card expires, or you lost it, or they issued you a new card with chip & pin, they must send you a copy of your original agreement. See thread Consumer Credit Agreements - which is long, complex, but ultimately, HUGELY enlightening!

 

Hi Ladybird, that is exactly my take on it too. I have, in fact, just pointed that out to Bill Wareing in my very long letter to him. I am baffled at what they are telling Seniorservice, it sounds to me like a total cop out and if I were Seniorservice, I would wait no longer! They have breached their CCA request and as this has been going on since November, they can bloody well get lost! Do you agree? I can't believe that they are sending out application forms and trying to say that it is a true copy of the original agreement, I see this has happened to other people on the site with other banks, I would challenge them to take me to court and see if it stands up. It's an outrage!!

[ladybird17]

I think we ought to start a new thread "shout here if you have sent MBNA a S85 letter"! Battleaxe has a teleconference with dear old Bill Thurs. pm. - so awaiting outcome of that.

[ladybird17]

sorry Cornucopia - didn't answer you properly! Think it's been established on here - mean on another thread - that application is NOT credit agreement. A credit agreement, under the CCA, has to include certain terms of reference and these do not appear on applications.