MFPA vs MBNA

[steven4064]

Letter looks OK to me

[redsue]

The amendments to the CCA mean they can send most recent T&Cs and be deemed to have complied even if tey are not the T&Cs that are relevant to your agreement.

 

Are these the 2006 amendments you are refering to steven4064?

 

sorry to hijack your thread mpfa - current terms do not make it enforceable do they?

 

I have a mbna card (previously Alliance & Leciester) from 93 - yet they have sent me an incomplete photocopied 'template' of T&Cs from 1995 saying "this is what they would have looked like"

 

my thread is here

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-5.html#post1375454

 

just waiting to take them to court and they've defaulted me with no Defult Notice - bunch of bankers!

 

sorry to hijack your thread mpfa :o

[steven4064]

Hhi redsue

 

it's mainly the 1983 regulations I was referring to.

 

To be enforceable (as opposed to being properly executed) an agreement must have, in the same document, your signature and the terms prescribed in schedule 6 of the Consumer Credit (Agreements) Regulations 1983 (credit limit or how it is determine dor a statement saying there isn't one; how minimum payments are determined; and APR).

[redsue]

Hi Steven4064 - thanks for this - my head spins at the regs!

My application form is definately unenforceable which may explain why I've heard no more from them - apart from the default!

[steven4064]

If it's unenforceable then the default is unlawful under s78(6) of the CCA 1974

[redsue]

If it's unenforceable then the default is unlawful under s78(6) of the CCA 1974

 

Try telling MBNA that! I'm trying to collate information at the moment for my POCs I did make a start on them but have yet to finish (just had a baby!)

[steven4064]

When you say 'just', how long ago?

[mfpa]

Last edited by steven4064; 5th May 2008 at 20:46. Reason: staff members' names removed

 

Sorry, steven4064. I didn't realise we hadn't to include staff names in our postings any more.

[steven4064]

Sorry, steven4064. I didn't realise we hadn't to include staff names in our postings any more.

It's just felt to be wiser not to put them on the open forum.

[citizenB]

Just catching up. mfpa, did you receive a reply to your last letter yet ?

[mfpa]

Just catching up. mfpa, did you receive a reply to your last letter yet ?

Nothing yet, CitizenB.

 

5th May? Seems much longer ago than that.

[citizenB]

It does seem longer doesnt it ?

[mfpa]

Today received two letters from link like this, which do not in any way answer my last letter to them. Anybody got any suggestions how I should respond?

 

Edited October 1, 2008 by mfpa

[Jeff2000]

Today received two letters from link like this, which do not in any way answer my last letter to them. Anybody got any suggestions how I should respond?

 

 

 

 

 

Hi,

 

 

That is a copy of an alleged default notice that Link have been sending out to many people over the last few days!

 

Take a look at some other Link threads. Most of us have received one!

 

 

Regards, Jeff.

[supasnooper]

Hi MFPA,

 

Keep that Link default notice in a very safe place !

 

Don't reply to it, just keep it safe !

 

It may save you a shed load of money.

 

get yourself a cuppa, sit down and Have a read here :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158781-mbna-default-notice-cca.html

 

There are a few other threads with similar themes - one by goonerhenry which is quite recent.

 

Enjoy your day.

[mfpa]

The alleged default notices contend that I have breached clauses 1b and 8 of the alleged agreements.

 

Wonder where clause 8 comes from, as the alleged agreements Link sent me (post 43) only go up to clause 3b?

 

Hi MFPA,

 

Keep that Link default notice in a very safe place !

 

Don't reply to it, just keep it safe !

 

It may save you a shed load of money.

 

get yourself a cuppa, sit down and Have a read here :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158781-mbna-default-notice-cca.html

 

There are a few other threads with similar themes - one by goonerhenry which is quite recent.

 

Enjoy your day.

 

Thanks, Supasnooper. Just read the thread you linked to. Interesting reading but I don't like the sound of the possibility a Judge would allow them to "cure" a faulty Default Notice.

Edited October 2, 2008 by mfpa

[mfpa]

After nearly 18 months of silence, I received the following letter recently from Equidebt regarding my Girobank Visa account from mid 1980s (before Girobank was sold to Alliance and Leicester, who subsequently transferred the card business to MBNA).

 

 

 

Any comments/suggestions?

 

 

To recap: This account was sold to Equidebt whilst in dispute in 2007.

 

My last contact from them was to acknowledge receipt of the letter I sent them in November 2007 (telling them MBNA's failure to produce the required documents in response to my CCA request rendered the account unenforceable at law, etc.), which is shown in post 40 of the present thread - they said at that point "This matter has been referred to our vendor for further instructions" and have since been silent until now.

[matsinlondon]

There's no need to respond to that at all. They are required to produce this by law - an annual statement as such - so it's entirely automated. They still haven't addressed the issues you raised so wait until they do.

[mfpa]

There's no need to respond to that at all.

I'm not planning to unless somebody reveals a reason why it would be in my best interests.

They are required to produce this by law - an annual statement as such - so it's entirely automated.

Which makes me wonder why it has taken 18 months for them to send it, why it only covers 6 months, and why my other creditors do not send them. Always inconsistent - at least they are consistent in that (-;

They still haven't addressed the issues you raised so wait until they do.

That's the plan.

[mfpa]

Phone call from Link this afternoon, sounded young and female with an accent from rural South Wales. Dunno what she wanted.

 

Not heard from them since they sent a couple of bogus-looking default notices in October 2008 (except maybe one or two "annual statements").

[mfpa]

And another phone call this morning. Sounded like an older woman from South Wales. Left a message addressing me by my first name, asking me to please call "Ann" on 08447360022.

[citizenB]

Just remember not to engage in conversation should you happen to pick up the phone and "anne" is on the other end. Refuse to go through security questions and they should give up. You want everything in writing.

[mfpa]

Silence from Link since the phone calls in February until today.

 

Now I received letters from "Elmwood Park" offering a 25% discount if I repay over 48 months, the discount to be removed as soon as any payment is missed. At the foot of the letter, it states "Elmwood Park is a trading style of Link Financial Outsourcing Limited." I notice other caggers have received these in the last few months (mine is like this one except there is a barcode above my name and address).

 

I may be missing something, but I see no advantage in replying. Any thoughts, anybody?