Interesting Convo with the MBNA Legal Dept

[Josie8]

I suggest you write to him confirming the conversation and ask him to supply you with the case citation etc. It is deemed seriously wrong for them to give false information to pressure a consumer into paying or signing agreements etc.

 

Ordinary contract law does not come into consideration here as you are a consumer and they are a business licensed for lending. Unfortunately for them the penalty of not having a true copy of the cca or all prescribed terms is that they lose the rights to enforce any payment on it.

 

In cases where there are certain aspects of agreement incorrect but they have a signed document containing all prescribed terms then the court has discretion as to enforcement etc.

 

Personally I think he was just trying to blind you with his legal knowhow lol! Might have been more convincing if he'd named the case........ :D

[Josie8]

Thanks Pope. I might have to add a little comment to my letter along those lines where I have mentioned the conversation to him.

 

 

No don't mention it to him.......don't let him know how much you know case law wise................see what response you get back THEN hit him with the case citation..................:grin: :grin: :grin:

[Josie8]

My only fear with all this is that Im gonna get MORE missed payments on my CRA file

If it werent for that Id just hang it out, but I want this sorted asap. WE say they shouldnt be asking for payments/adding interest/threatening/instrcting DCAs.... MBNA seem to have other ideas!!!

 

Thats the biggest bug bear I have with all this...

 

 

If they are in default then they are not allowed to put adverse reports on credit file. Check your CRA's now and print a record of whats shown. Then write putting them on notice that in advent of them adverse reporting while they'te in fault you will issue claim in court to get them removed etc.

[Josie8]

Just re-reading the thread... I already HAVE a missed payment listed on my file thanks to MBNA. Never had one on any of my credit history before!

 

I have asked them to remove it in the next 14 days in the letter (which Ill put up when Im happy with it) - do I ask them to remove it in 14 days or I will issue a claim in court for them to remove it?

 

 

Yes and add that you will ask mthe court to order production of

, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.