Mbna Nightmare!!!!

[ladybird17]

oh alright then you're NOT him. Can I come with you in one of European sports cars to the co-op? I'm a bit low on Moet (and milk)

[m55dlc]

oh alright then you're NOT him. Can I come with you in one of European sports cars to the co-op? I'm a bit low on Moet (and milk)

 

Wow, you've got a posh co-op! All ours sells booze wise is special brew and fosters, I'll request they get the moet in but don't hold your breath

[Cornucopia]

If I was Eminem, do you honestly believe I would be getting charged by the banks and would have a credit card issue with MBNA? They wouldn't dare as I'd put a cap in their ass (arse? These yanks can't spell). I'd also have problems with the irony about writing ©rap music about being poor, repressed and black in the getto 'hood whilst sipping champagne cocktails sunning myself on a sun lounger next to my pool overlooking the LA basin in Beverly Hills, contemplating which of my european sports cars I'd take out for a spin to buy bread at the local co-op

 

Is it cos you is white? Innit.

[seniorservice]

Cornucopia - came to this thread a bit late, so don't know if this has been covered already. The Consumer Credit (Enforcement, Default and Termination Notices)(Amendment) Regulations 2004 (phew!) state that default notices cannot be served electronically but must be on paper.

MBNA are a mess - "poor old Bill" deserves everything he gets and shouldn't have given out his phone number in the first place - a lesson to us all!

[m55dlc]

Senior Service, following from your post at 8.40 this morning, is the agreement unenforceable or just the default?

[seniorservice]

Do you mean the agreement is unenforceable or the default is unenforceable, there is quite a significant difference

 

 

Sorry slip of the finger there m55dlc - incorrect default notice unenforceable. Or put it another way they cannot enforce the agreement (litigation etc) after issuing an incorrect default notice but can after sending a corrected new one. However don't think it's down to you to advise them of the error - that's their problem.

[Cornucopia]

Cornucopia - came to this thread a bit late, so don't know if this has been covered already. The Consumer Credit (Enforcement, Default and Termination Notices)(Amendment) Regulations 2004 (phew!) state that default notices cannot be served electronically but must be on paper.

MBNA are a mess - "poor old Bill" deserves everything he gets and shouldn't have given out his phone number in the first place - a lesson to us all!

 

 

Ahh, thank you Seniorservice, that will be very useful for future referral. I wouldn't have minded if their version of "default" even said that. When they finally forwarded me a copy of the email they said they sent it was actually along the lines of :

 

If you do not contact us today, we will no longer be able to administer your account and the appropriate information will be passed to credit reference agencies blah blah. Please call So and So who will make themselves available until 9.00 pm this evening.

 

This is obviously not it word for word, but along those lines. They obviously didn't then send a formal default notice on MBNA headed paper. They then ignored a further 11 emails, even though it was quite obvious to anybody I hadn't seen the rubbish above. However, once they had sold the debt to Arrow Global, we did receive a default notice from them, almost immediately in fact! Followed a few days later by a Termination Notice. Please bear in mind that all this happened BEFORE I had found out about MBNA's email above. So I think they have a lot to answer for! Don't you?!!

[seniorservice]

I'd be interested to know if anybody has ever received a paper default notice from MBNA - some companies issue them like confetti (are you there Mercers??) but MBNA seem a bit shy.

[Cornucopia]

I'd be interested to know if anybody has ever received a paper default notice from MBNA - some companies issue them like confetti (are you there Mercers??) but MBNA seem a bit shy.

 

Surely they have a legal obligation to do so? They had ample opportunity to discuss it with me or to make contact but chose not to! They also lied about trying to phone me. I KNOW they didn't because of my phone logs. I believe they have been utterly negligent.

[m55dlc]

I'd be interested to know if anybody has ever received a paper default notice from MBNA - some companies issue them like confetti (are you there Mercers??) but MBNA seem a bit shy.

 

I've got one, that is wrong, hence my earlier comment. PM me with an email address and I'll send you a scan of it this evening.

[m55dlc]

MBNA are a mess - "poor old Bill" deserves everything he gets and shouldn't have given out his phone number in the first place - a lesson to us all!

 

That's a sticky wicket there isn't it? If MBNA don't provide a phone number to a directory, for example, and it is provided to someone in a letter, for example, and they haven't expressly given their permission (or consent), for example, it sounds rather like an infringement of the Data Protection Act for anyone, for example, to broadcast that information in such a manner. But, the question has to be asked, did Bill specifically state he didn't want his number to be exchanged with other people? He must have been aware that the person he sent the number to was a member of a group, and in all likelyhood would share this information, and that to not expressly state that the number should not be given out, did he actually imply his consent to its transmission? I don't know, it sounds to me like he wants each and every one of us to contact him by phone, does it to you?

 

Not only that, we are talking about MBNA here, so whatever goes around comes around!

[seniorservice]

It's only fair if they persecute us by phone they get the same. Tough luck, Bill.

[stan5131]

Jeez, am I on the right thread? Got no rapping skills!!!!

[Cornucopia]

Jeez, am I on the right thread? Got no rapping skills!!!!

 

Got no rapping skills?

You better run for the hills...

er, with Bill.

 

 

Actually, I haven't got any either......can you tell?!?!?

[ladybird17]

I learnt my rapping skills from m55 this morning & have been practising - how about this

 

m55 - i want you drive - down to the bar in your European car -

buy me a whiskey- it helps to make me frisky- then I'll start swearing - 'bout that dude Mr. Wareing

 

See - how cool am I?

[Cornucopia]

I learnt my rapping skills from m55 this morning & have been practising - how about this

 

m55 - i want you drive - down to the bar in your European car -

buy me a whiskey- it helps to make me frisky- then I'll start swearing - 'bout that dude Mr. Wareing

 

See - how cool am I?

 

Fierce!

[Cornucopia]

 

Morning people! A serious post this morning after yesterdays' rapping shenanigans down the hood with my homies!!!!!

 

I have had a nice, polite, friendly letter from Eversheds this morning, with a big old title saying "15% DISCOUNT FOR SETTLEMENT".

 

Dear Sir

 

Your account remains unpaid and we have been authorised by our Client to offer you a significant discount to enable you to fully settle the deb. Our Client is willing to accept the sum of blah blah in full and final settlement of this debt.

 

This represents a saving to you of £2,372.89 - WHOOPIE DO!!!

 

This offer is only available for 7 days from the date of this letter. If payment is not receive by this time, it will be assumed that you do not intend to repay the debt and we will recommence recovery action for the full balance outstanding. Costs associated with recovery action may increase the balance of your account.

 

Payment methods blah blah blah.......

 

Yours faithfully

 

Eversheds LLP

 

 

I propose to respond with a letter (copied to Bill Wareing of course) stating that we do not acknowledge a debt with their Client as they are in breach of the CCA 1974 and have failed to produce a true copy of the original executed agreeement. We consider this to be a complete defence in a Court of Law blah blah.........

 

Anybody got any comments?

 

I am slightly surprised to receive such a friendly letter on Valentine's Day! Shame they haven't seen fit to respond to all my other letters!

[ladybird17]

Hi Corn. OK I'm serious today. I would go along with what you are proposing to do. To save me looking back - how did you inform them of S85 breach? - did you just tell them they were in default or did you send a default notice? Whichever you did, I might enclose a copy of that as well.

I wonder what the "harassment" implications are for Eversheds chasing you for this debt?

 

Have you had anything from Mbusa about debt being "in dispute"?

 

Sometimes the head & brick wall scenario really seems preferable don't you think?

[Cornucopia]

Hi Corn. OK I'm serious today. I would go along with what you are proposing to do. To save me looking back - how did you inform them of S85 breach? - did you just tell them they were in default or did you send a default notice? Whichever you did, I might enclose a copy of that as well.

I wonder what the "harassment" implications are for Eversheds chasing you for this debt?

 

Have you had anything from Mbusa about debt being "in dispute"?

 

Sometimes the head & brick wall scenario really seems preferable don't you think?

 

Morning Ladybird! Don't be too serious! We all love a giggle!!!

 

Firstly, I didn't inform Eversheds of the S85 breach, I informed MBNA. I have not had a response from them yet, Bill has until Tuesday next week to respond.

 

I have written a total of 7 letters to Eversheds now, all in connection with breach of CCA but they haven't responded to any of them. I would expect them to instruct their Client (Arrow) that they really ought to provide a copy of the agreement as it would save them all the bother!

 

To be honest, I am happy for them to go ahead with Court action, let them stand there and say their Client is in breach! As far as I am concerned, it is a complete defence!

 

Can I just check, we are well into the 12 + 30 with the CCA, are we talking about "working days"? I assumed so, so that will take the criminal breach through to early March.

[stan5131]

Its not working days, it 30 days but if last day falls on a Sunday than add one day ie 31 days. Thinks thats right if my memory serves me right. But its def not working days.

[ladybird17]

Corn - I'm confused (no change there) I thought the 12 days + 30 referred to the time they have to send copy agreement - so are you saying someone on here JUST got a new card and is in that waiting period? Cos I got my new card 3 years ago, so I think the 12 + 30 is just about up, and I thought that was the case for all of us. Oh heck,I'm losing the plot aren't I?

[m55dlc]

It doesn't say anything about 30 days does it? I thought it said calendar month.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

Luckily I'm in February, so mine is only going to be 28 days!

 

(no rapping today, I promise)

[ladybird17]

oh no - I was hoping for a Valentine's rap:sad:

 

I'm REALLY confused no(still no change there then). I thought that 85 means that they have 12 days from issuing new card to send copy agreement, and on 13th day they are in default. If they remain in default for one month, then they have committed an offence.

 

So doesn't that time perod depend on when new card was issued - not when you told them they were in breach of S85? And has anyone had a NEW card issue in the last 42 (ish) days? I thought all our were issued some time ago.

[stan5131]

Hi. I was referring to CCA request.

[m55dlc]

Hi. I was referring to CCA request.

 

So was I ...

 

But it is the same:

 

85 Duty on issue of new credit-tokens

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.

(2) If the creditor fails to comply with this section—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(3) This section does not apply to a small agreement