Are MBNA in default of YOUR cca request?

[redsue]

Thought I post up here to keep a track off times/dates/responses etc.

I've successfully claimed full refunds plus contractual interest off MBNA on two accounts towards the back end of last year on my A&L card and on my OH's MBNA card.

 

Recently, I've taken a great interest in the CCA threads, so out of interest I sent a CCA for my A&L card - I've had this card since 1992.

I sent this on 1st March this year and haven't heard a dicky bird - I don't even think they've cashed the cheque - unfortunately for MBNA I have electronic proof of posting - they received it on the 2nd March.

So by my reckoning they are already in default (12 working days) and on the 20th April they cannot enforce the debt.

 

I also decided to send a CCA for my OH, we haven't a clue how long my hubby has had this card as I was sorting out our paperwork this was sent on 26th March and he was lucky to receive a letter from Gavin Byrne - a Customer Advocate Office Manager - no less!

The letter said he would provide us with a full response by 11th April - the calendars at MBNA must be on some weird american time or something as we ain't got it.

 

They did however have a letter sent to us from Global Vantedge regarding collection of a missed payment of £30 - it seems we had in fact overlooked a payment from March - the thing which really pi$$es me off is that no one bothered to call, send us a reminder or anything - they just passed it through to Delhi

 

The wording on their letter irks me somewhat

'If you do not contact us immediately we will begin efforts to resolve the situation that may include contacting you at home/or your place of work.' - what over 30 bl00dy quid! Can they do this, can I complain about this threatening text to someone?

 

We've paid up - so now after their obviously retalitory action for my OH sending in his CCA I'm watching the clock tick down and let MBNA hang themselves for their own shoddy practices. I've also been a true believer in 'what comes around, goes around'

 

Roll on the 20th April....

[redsue]

No sign of the agreement yet - but still waiting for the postman to come.

At least they've finally opened the envelope, they only cashed the cheque on the 17th.

[redsue]

Just about to send this letter out to MBNA today

 

Customer Advocates Office

MBNA Europe Bank Limited

Stansfield House

Chester Business Park

Chester

CH4 9QQ

 

 

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

 

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXX XXXX XXXX XXXX

 

I wrote to you by recorded delivery on 1st March 2007 asking for a copy of the agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing the fee payable. This letter was delivered and signed for on 2nd March 2007 and the £1 payment was cashed on 18th April 2007.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further calendar month, your company commits an offence. These time limits have now expired.

 

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information. As such, this account has become unenforceable by law. Consequently, I do not acknowledge any debt to your company, and I am ceasing any further payments forthwith and will seek to recover any payments made to date.

 

Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any Letter before Action, 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.

 

As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.

 

DPA (Data Protection Act 1998)

 

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours faithfully,

 

Any comments/suggestions would be welcomed

[davefirewalker]

looks good to me........

 

just copied it for future reference, mbna in my sights...grrrrr

 

Dave

[redsue]

letter delivered to MBNA today according to proof of delivery - guess I better cancel that direct debit now then!

[mcfadzean1]

im just about to take them on myself .i had a card with them up untill march 2006 when i got a loan out to pay it all off . any help would be gladly taken

[janekathleen]

Just about to start round one can anyone help? I want to collect late payment charges but i don't have an address and i dont have any statements. Do i write to them asking for a total of all late charges? They wrote to me recently saying that they are going to take me to court and attach the debt to my house, as anyone else been through this procedure. I'm sure the money they owe me will just about pay the debt!

[gemspan]

HI JaneKathleen

 

Have a good look around the site. There is a step by step guide and all the information you need to take these people on. Dont worry, you can get through this and they will be the ones that have to pay.

 

They have defaulted on a CCA for my account; I got a default notice from MBNA although my account is with A&L; they have now sold it to 1st Credit. TIme is running out for MBNA. I will be getting on to this at the weekend and will relish every squirm that they make when I take them to court for compensation.

 

Good luck

Gemspan

[redsue]

why is everyone who works at MBNA so thick?

I've just spent frustrating 15 mins on the telephone asking a MBNA Customer clown when my CCA is going to turn up.

I tried to explain to thicko that MBNA where in default and therefore the account is on hold, so they shouldn't be charging interest, they shouldn't be attempting to take the DD on the 26th of this month. He had no idea what I was talking about :o

All he could do was try and get me to acknowledge the debt - which i didn't - and told me the CCA "had been sent out to me on the 2nd May" :o Are they walking all the way to my house to deliver it by hand?

What he actually meant was that they had finally pulled their finger out of their a**e (after 60 days) and decided to request the document from another department - and it could take up to 30 days.

So I have to wait apparently for this document to finally appear sometime before the 2nd June and in the meantime they will continue to charge interest and take my payment from me.

I'm gonna let them take payment (as I don't want these clowns to damage my credit rating) then who do I complain to?

They would have effectively taken money without authorisation - any ideas anyone what my next step should be?

 

[ladybird17]

- if you continue paying them, having said you don't acknowledge the debt, aren't you somewhat shooting yourself in the foot so to speak??.

[davefirewalker]

Ok they are in default and cannot enforce the debt while they cannot produce the documents.

 

basically.....until they do they cannot charge interest or pass the account on until they supply.

 

Dave

 

 

ooops just read your post again..........you already knew that

 

sorry

[redsue]

just cancelled the DD - they are obviously not going to take me seriously unless I stop paying them - as I told them in my letter to W Wareing on 23rd April.

numpties...

[redsue]

Just sending this out today to OFT and have called my local TS office - waiting for them to get back to me

 

Office of Fair Trading

OFT Enquiries

Fleetbank House2-6 Salisbury Square

London

EC4Y 8JX

 

 

 

FAILURE BY MBNA EUROPE BANK LIMITED

UNDER SECTIONS 77/78 OF THE CONSUMER CREDIT ACT 1974

 

ACCOUNT NUMBER: XXXXXXXX

 

 

Dear Sir or Madam

 

As is my right under Sections 77 and 78 of the Consumer Credit Act 1974, I wrote to MBNA on 1ST March 2007, (copy enclosed) requesting a true copy of any credit agreement that exists in relation to the above account, including the statutory fee of £1.00.

 

Under the terms of the above Act, MBNA had 12 working days to provide the requested document and a further calendar month to rectify this default. Both of these deadlines have now passed and I have received no correspondence in relation to my request.

 

This led me to only one conclusion that no signed credit agreement exists in relation to this account. An agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law.

 

I wrote again to MBNA on 23rd April 2007 (copy enclosed) refuting the debt and stating that any legal action proposed by them will be vigorously defended as I believe that they may have committed an offence under the Consumer Credit Act 1974, punishable by a Level 4 fine.

 

I have still to receive any acknowledgement or correspondence from MBNA regarding this matter.

I phoned MBNA and spoke to a MBNA Customer Service Representative on 16th May 2007, and was told the account is ‘NOT IN DISPUTE’ and they will continue to charge interest and collect payments.

 

With respect to the above, I respectfully request that you begin an investigation into the failures of MBNA and their blatent disregard for the CCA1974, and in the meantime any comments, advice or guidance in the above matter would be much appreciated.

 

will wait and see what happens now...

Don't know whether to send a copy of this letter to William Wareing at MBNA - what dya think?

[redsue]

received a letter yesterday from a Richard Honey sending me a nice crisp print out of the current terms and conditions of my account...

but no copy of the original agreement - numpty...

I can feel a letter coming on...

[redsue]

Hi everyone

 

Helping my Dad with a CCA request to MBNA at the moment and they sent him an illegible application form which is missing loads of the prescribed terms. So he wrote back and told them they had failed to comply with CCA 1974.

Anyways, they sent him back the same badly photocopied illegible app form along with the details of at least one or possibly two other people.

So not only have they not complied with S78 of the CCA they have also breached the DPA.

I've been searching for ages to find the which principle of the Data Protection they have broken but I'm struggling to find it - could anyone point me in the right direction please?

 

many, many thanks

[redsue]

Hi everyone

 

Helping my Dad with a CCA request to MBNA at the moment and they sent him an illegible application form which is missing loads of the prescribed terms. So he wrote back and told them they had failed to comply with CCA 1974.

Anyways, they sent him back the same badly photocopied illegible app form along with the details of at least one or possibly two other people.

So not only have they not complied with S78 of the CCA they have also breached the Data Protection Act.

I've been searching for ages to find the which principle/part of the Data Protection they have broken but I'm struggling to find it - could anyone point me in the right direction please?

 

many, many thanks

[PPMAN159]

Is this a dup post?

[redsue]

yes, is that a problem?

I'm trying to gather the correct information in order to draft a letter to MBNA for sending out the wrong information

[PPMAN159]

Not a problem as such.

 

Its just that if you stick to the one thread in the MBNA section then it makes it easier for others to follow and give advice to you.

[redsue]

I actually don't have a thread for my dad in the MBNA section - I posted it in the legalities section for some advice - I thought if I posted it in the general section it may get more viewers seeing as it is more of a DPA issue.

but thanks for your advice

[redsue]

anyone?

[dave]

Just go straight to the IC.

[redsue]

will do Dave, thanks

[redsue]

sent this letter back to Richard Honey - head of CUSTOMER SATISFACTION on 25th May 2007

 

I write with regard to the document that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the true copy of the executed agreement.

You seem to have sent me a recent copy of the terms and conditions of the account. I’m sure this must be an oversight, so I will ask you again for the proper documents.

For clarification, on the 1st March 2007, I asked MBNA for

1. You must supply me with a TRUE COPY OF THE ALLEGED AGREEMENT. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

2. A signed true copy of the deed of assignment of the above referenced agreement.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Be also advised that your statutory time period has elapsed and YOU are now in default and have committed a criminal offence.

Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency, if any data has been processed illegally since my last request I shall take appropriate action.

It is also my intention to consider litigation in this matter and your attention is drawn in particular to CPR 4.6 © enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

I would therefore request, in compliance with CPR 4.6© 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.

 

I enclose previous letters sent to your company to help with this matter.

For your information, I am currently in discussion with Trading Standards, the Office of Fair Trading and the Information Commissioner regarding the non-compliance of this request and the failings of MBNA under the Consumer Credit Act 1974.

I await your response.

 

Richard Honey is obviously busy keeping his customers satisfied as he couldn't be bothered to write back nor could anyone else

 

I have however been subjected to loads of calls and texts from GVI - they've only caught me on the phone once and I simply answered account is in dispute - bye and put the phone down.

Also got a text asking for me to call them - erm, no I won't

 

Sending this letter off first thing tomorrow as I've missed the post today

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account.

Additionally, you are not entitled to register any information on this account with any credit reference agency, if any data has been processed illegally since my last request I shall take appropriate action.

 

I refer to The Office of Fair Trading Debt collection guidance document Final guidance on unfair business practices July 2003 (updated December 2006) that states unfair business practices include:

- Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

- Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

- Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

- Applying unreasonable charges, for example, charges not based on actual and necessary costs

- Applying charges which are disproportionate to the main debt

- Leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

- Asking or instructing debtors to make contact on premium rate telephone numbers

- Falsely implying or stating that action can or will be taken when it legally cannot

- Putting pressure on debtors or third parties is considered to be oppressive.

- Passing on debtor details to debt management companies without the debtors' informed prior consent

- Misleading debtors into believing they are legally liable to pay collection charges when this is not the case

 

In case you are in any doubt, despite my previous THREE letters, MBNA continues to charge interest, demand payment and process my personal data.

 

DOES A SECTION 78 REQUEST OF THE CONSUMER CREDIT ACT 1974 HOLD ANY MEANING FOR YOU?

 

I therefore expect no further communication from you in respect of this matter. Any further action on your part will be taken as an act of harassment and each instance will be reported to the police.

 

Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any Letter before Action, 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.

 

not holding my breath... today spoke to OFT as I'd written to them on 18th May and not heard anything back. They've 'found' my letter and will respond within 3 days, have made a formal complaint to TS who are 'investigating' and I'm about to fill in a complaint form to FO.

 

MBNA are a complete shower of s**t - I'm lucky to have a good credit record and these clowns are now gonna screw this up for me and I'll sue the pants of them for damages.

[redsue]

Received this letter this morning - can anyone give some advice please

 

Dear Redsue

In reference to your request for a copy of your original agreement, I would like to address your concerns. The copy of the credit agreement which you receive with your credit card actually serves as your copy of that credit agreement for the purposes of Section 85 of the Consumer Credit Act 1974.

 

This is sent to you in the form of a "credit card mailer" and comprises a credit card which is physically attached to the copy of the agreement.

You may note that this copy of your credit agreement does not include a signature by or on behalf of MBNA. The signature has been deliberately omitted, as MBNA is permitted by law to serve you a copy of the credit agreement without including the signatures and certain other information. This does not affect the validity of the credit agreement or the copy we have served you.

 

As your account has no legal dispute ongoing, you are therefore required to maintain payments. At present your account is a payment in arrears and an immediate payment of £111.02 is required.

 

In response to your information being registered with the Credit Reference Agencies, we are unable to amend this information. The information we supply to the Credit Reference Agencies must be factual; the fact that you have failed to maintain contractual payments resulted in your account defaulting, it was not due to the application of fees.

 

I trust this response meets with your expectations; if you have any further queries please contact Dave Walker on 01244 674207. I am enclosing a copy of "Our commitment to you" leaflet blah blah blah....

 

Couple of inaccuracies, me thinks

 

1. A section 85 mailer is not a 'true copy of an executed agreement' - they are trying to blind me with science

 

2. MBNA are allowed to signatures and certain other specified information - what information is this then

 

3. As you account has no legal dispute - what? you have only sent me a copy of my existing terms and conditions - therefore MBNA are still in default.

 

4. The information we supply to the Credit Reference Agencies must be factual - but this isn't factual information as MBNA are in default and have no permission to process my data

 

I'm about to draft a letter back and would appreciate any advice - they obviously believe they have fulfiled there end of the deal but I think they are deliberately trying to mislead.

Thanks:)