Jump to content


Mbna - Properly Executed Agreements


Cornucopia
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5307 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 529
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

 

Creditors and DCAs - Letter Templates & Budget Planner (multipage.gif1 2)

It is letter N.

 

Here you go, it's in general debt I have just discovered, sorry for misinformation!!!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

cheers...

Right I'll get that sent to Barclaycard, Cap 1 and MBNA in the morning - now if they do not produce in 12 days (which we all know that they will not) then what action to take (or is this where brain melting starts?)

 

What to stop them adding a rubber stamp retrospectivley....

 

When (if) i get CCA through I'll post it here to let people examine...

 

Other thing is intent - I intended to borrow the money hence the application so to say that the debt is unenforceable is pretty odd?

Link to post
Share on other sites

cheers...

Right I'll get that sent to Barclaycard, Cap 1 and MBNA in the morning - now if they do not produce in 12 days (which we all know that they will not) then what action to take (or is this where brain melting starts?)

 

What to stop them adding a rubber stamp retrospectively....

 

When (if) i get CCA through I'll post it here to let people examine...

 

Other thing is intent - I intended to borrow the money hence the application so to say that the debt is unenforceable is pretty odd?

 

 

Hello ss_collins,

 

 

The way I see it, any other evidence a CC company has is irrelevant if there is no fully executed agreement. The CCA, in my mind, is clear on this!

 

 

Best wishes, Jeff.

Link to post
Share on other sites

I've just stumbled across this thread which is very very interesting to say the least! ;)

I currently have an A&L credit card which I have had since 1992! I've made my SAR request to MBNA at the back end of last year and was successful in them refunding all my charges plus contractual interest.

On the 1st March I sent them a CCA request and I'm still waiting...mmm....15 years worth of interest plus the balance which is still on the aacount - do I get excited now or at the end of the 42 days! Has MBNA managed to supply any A&L CCA's at all? :D

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

Link to post
Share on other sites

Guest Battleaxe
I've just stumbled across this thread which is very very interesting to say the least! ;)

I currently have an A&L credit card which I have had since 1992! I've made my SAR request to MBNA at the back end of last year and was successful in them refunding all my charges plus contractual interest.

On the 1st March I sent them a CCA request and I'm still waiting...mmm....15 years worth of interest plus the balance which is still on the aacount - do I get excited now or at the end of the 42 days! Has MBNA managed to supply any A&L CCA's at all? :D

 

NOPE..I have just done the Section 85 and for the heck of it added 37.9% CI, guess what kids our alleged debt is wiped and here's the ticket they still have NOT refunded our unlawful charges with CI.

 

A & L have been so good to us.

Link to post
Share on other sites

I've just stumbled across this thread which is very very interesting to say the least! ;)

I currently have an A&L credit card which I have had since 1992! I've made my SAR request to MBNA at the back end of last year and was successful in them refunding all my charges plus contractual interest.

On the 1st March I sent them a CCA request and I'm still waiting...mmm....15 years worth of interest plus the balance which is still on the aacount - do I get excited now or at the end of the 42 days! Has MBNA managed to supply any A&L CCA's at all? :D

 

 

Hi redsue,

 

 

They couldn't supply mine, and admitted it in writing!

 

Got the entire balance wiped!

 

But I'm not finished with them yet. It'll be S85 default next! Then all that interest!

 

About 20 years worth!!!

 

 

Jeff.

Link to post
Share on other sites

Hi Guys,

 

MBNA are driving me crazy !!!

Please can you help me with some advice?

 

The charmers unfairly defaulted me last year when I was battling with them re penalty charges, I had advised MBNA that I was/am in Dispute and that I ceased making payments.

 

I sent the Company Secretary a surlybonds letter plus an S10 DPA notice.

However, they refuse to remove the adverse data from my CRA file!

 

I have also made a request under the CCA 1974 for a true signed copy of the executed Agreement between MBUSA and myself, plus a request fro a copy of the true certified default notice.

 

MBNA have not sent me a copy of my Agreement, instead I was sent a microfiche copy of my the torn of bottom section of my credit card application form with none of the prescribed terms and they cannot supply me with the copy default notice. Therefore MBNA are now in criminal default of the CCA.

 

I sent them the following letter, which has been ignored:-

 

 

"Mr. Gavin Theobald

Customer Advocates Office Manager

Insurance Services Department

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9YR

Dear Mr. Theobald,

REQUEST UNDER THE CONSUMER CREDIT ACT 1974

Thank you for your response to my letter dated 13 December 2006. Unfortunately this does not fulfill your obligations under the above request for a number of reasons. I therefore I must inform you that MBNA are still to comply with my original request, as specified under section 78 of the Consumer Credit Act 1974.

There are a number of issues with the document you have provided to me, primarily (but not limited to) the fact that this is a torn off section of an application form, not an agreement, it does not have all the prescribed items present, it contains a large proportion of illegible text due to the quality of the copy and does not contain a copy of the applicable terms and conditions.

May I also remind you, that you must supply me with the signed true and certified copy of the default that you state was sent to me, showing my address and proof of posting, a default that you have unlawfully registered against me with the Credit Reference Agencies.

You are now required to remove any data relating to me (The Data Subject) that you have supplied to any Credit Reference Agencies in its entirety. This request is made in accordance with the Consumer Credit Act 1974 (Sections 77 – 79).

In addition I have already served MBNA with Statutory Notices to cease and desist from disclosing my personal data pursuant to Sections 10 and 12 The Data Protection Act 1998.

For the avoidance of doubt, I enclose a further Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 – Data Subject Notice.

Take notice, that I have withdrawn my consent from MBNA Europe Bank Limited to process my data. Therefore, I demand that you (MBNA) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd, Callcredit plc and;

Instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to MBNA Europe Bank Limited will exist on my credit files.

Furthermore, I intend to issue legal action against MBNA for the mis-selling of my Payment Protection Insurance and associated Unlawful Penalty Charges plus compounded interest Please take notice that I will petition the Court to have the Unwarranted, Unjustified Default removed from my Credit Reference Agency Credit file if you fail to remove it.

I hope that I have made my position clear and expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of The Banking Code.

 

Yours sincerely".

 

Okay guy's, I hope that you can understand but now the plot thickens...!

 

MBNA refuse to remove the unwarranted default, they have not complied with my CCA request and guess what?

 

Two days ago another default Notice drops through my letterbox dated 20 March 2007

 

"- IMPORTANT - YOU SHOULD READ THIS CAREFULLY

DEFAULT NOTICE - Served under section 87(1) of the Consumer Credit Act 1974

Clause 3 of your agreement provides that you must repay immediately the amount of arrears on the account. You are in breach of that clause because you have failed to make payment and are seriously in arrears. A stop has been placed on your card.

 

In order to remedy the breach we must receive a payment of £680.4 by 1 April 2007, or we will terminate your account and issue court proceedings".

 

ooh, is this an early April fool, firstly MBNA I do not have an MBNA credit card for you to place a stop on because you confiscated it in Aug 2003, secondly, I will not pay you one penny because I do not acknowledge the alleged debt.

 

Incidentally, I have not informed MBNA that they are also in breach of the CCA S85, I would appreciate it if someone could give me a link to the correct wording for the S85 Notice.

 

Sorry this is so long but I am sure that you can understand that I need some help here

 

Love AC

Link to post
Share on other sites

They couldn't supply mine, and admitted it in writing!

 

Got the entire balance wiped!

 

But I'm not finished with them yet. It'll be S85 default next! Then all that interest!

 

About 20 years worth!!!

 

Thats brilliant Jeff - I just spoke to my Dad who reckons he's had his A&L card for about 30 years! I've emailed him the CCA template letter - ha ha ha ;)

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

Link to post
Share on other sites

still pondering the whole subject of CCA and its relevance, i take it from the amount of people that mention it, that the s85 default thing is a given and loads of people have recovered their interest back on this issue.

 

anyone have any links to a thread(s) where these people have recovered this interest because i cant find one ?

 

 

Johnny

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

Link to post
Share on other sites

As far as I know, the S85 has NOT been court tested. A lot of us are going down the S85 route, but I'm not sure who is ahead in the game at this point..

Whilst there are strong arguments for & against the S85 issue, I'm not convinced that we have cracked the nut yet.

Link to post
Share on other sites

Guest Battleaxe

Mine will be tested in court in the next month with Crap One. Both accounts.

 

Of course there is another CAGger who is going to pleade Section 85 in her defence. The case has been listed for a directio0ns hearing 9 May, but I have a feeling it isn't going to get that far now the bank concerned has done an about turn and shot the DCA in the foot. I guess hers and mine will be tested about the same time. Same court, same Judge.

Link to post
Share on other sites

So when i file my N1 claim with MBNA (and many others) would it be worth mentioning the s85 issue in the court claim ?

 

is anyone else doing this on their N1's ?

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

Link to post
Share on other sites

Guest Battleaxe

I am keeping mine separate, two completely different issues and why risk complicating things? Just take little bites, until you have the lot.

Link to post
Share on other sites

guess what kids our alleged debt is wiped and here's the kicket they still have refunded our charges with CI.

A & L have been so good to us.

 

Battleaxe - was this an 'old' A&L Credit Card which you had before they 'sold' the business to MBNA?

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

Link to post
Share on other sites

Guest Battleaxe
Battleaxe - was this an 'old' A&L Credit Card which you had before they 'sold' the business to MBNA?

 

 

It certainly is. Looks like I get the spreadsheets out and do another letter, give them 14 days to respond and then it's down to see Judge Blomfield.

 

Mr Wareing and your MIB, please take note, your time is up. please return your pedello to the beach.

Link to post
Share on other sites

NOPE..I have just done the Section 85 and for the heck of it added 37.9% CI, guess what kids our alleged debt is wiped and here's the kicket they still have refunded our charges with CI.

 

A & L have been so good to us.

 

BA, have I missed something along the way?! What's going on here??:confused:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

Blimey Corn - get a grip...MBNA nightmare....MBNA properly executed agreements...Mass complaint MBNA....Battleaxe does battle MBNA...CCA thread....dickp V MBNA....MBNA group question...Bigjohn v MBNA...glav's OH v MBNA....Nick v MBNA....Rosie v MBNA....and on ..MBNA S85 gang...and on ...

 

how simple IS this for heaven's sake??

Link to post
Share on other sites

Blimey Corn - get a grip...MBNA nightmare....MBNA properly executed agreements...Mass complaint MBNA....Battleaxe does battle MBNA...CCA thread....dickp V MBNA....MBNA group question...Bigjohn v MBNA...glav's OH v MBNA....Nick v MBNA....Rosie v MBNA....and on ..MBNA S85 gang...and on ...

 

how simple IS this for heaven's sake??

 

Oh no! I didn't realise we were talking about MBNA???!!!:-D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

Guest Battleaxe

Corn,

 

Something haywire here. I answered Redsue regarding the A & L credit card. I am keeping my two claims seperate. I am doing section 85 with CI, and if it comes through the debt will be wiped, but so far there has been no resolution.

 

Then with the unlawful charges with CI as per our claim, it will be a holiday in the sun. Still sitting it out. I am not sure what happened with the early post post which was quoted. Think the gremlins have gotten into the system. Don't worry if exciting things happen I will let everyone know.

 

Life is topsy turvy enough at the moment .

 

I just checked post 108 and it should have read they still have NOT refunded our unlawful charges. Sorry about getting everyone excited.

Link to post
Share on other sites

Corn,

 

Something haywire here. I answered Redsue regarding the A & L credit card. I am keeping my two claims seperate. I am doing section 85 with CI, and if it comes through the debt will be wiped, but so far there has been no resolution.

 

Then with the unlawful charges with CI as per our claim, it will be a holiday in the sun. Still sitting it out. I am not sure what happened with the early post post which was quoted. Think the gremlins have gotten into the system. Don't worry if exciting things happen I will let everyone know.

 

Life is topsy turvy enough at the moment .

 

I just checked post 108 and it should have read they still have NOT refunded our unlawful charges. Sorry about getting everyone excited.

 

I'm with you BA, I thought I had missed out on you getting a massive settlement!

 

:o:o:o

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...