suz V MBNA Robbing bla blas!!!

[suzanne michels]

hi folks

I have been on this website for nearly 2 days now reading as much as possible.

I am Sending a DPA monday to halifax PLC. Just a small - probably stupid question!

Is the charge still £10 for MBNA for a DPA. Also our account with MBNA has now been passed to cabot debt collectors because we couldn't agree the amount of charges levied. how does this work - help they are harrasing us every day!!!

 

 

thanks

[mahala]

OK, first of all well done for taking the time to read through everything - you'll find it will help a lot.

 

Onto your DPA question - yes the fee is £10 - it's not set by the institutions, but it the maximum they can legally charge.

 

And as for the DCA. They are not allowed to harrass you. For starters, I'd suggest writing to them telling them you will from now only only communicate with them in writing and that you expect them to adhere to this. Tell them that if they continue you will report them for harrassment under the Wireless Telegraphy Act of 1949.

 

If they do continue, report them to Oftel and to the police - if you have asked them to stop calling and to communicate in writing and they do not, they are committing an offence.

[suzanne michels]

OK, first of all well done for taking the time to read through everything - you'll find it will help a lot.

 

Onto your DPA question - yes the fee is £10 - it's not set by the institutions, but it the maximum they can legally charge.

 

And as for the DCA. They are not allowed to harrass you. For starters, I'd suggest writing to them telling them you will from now only only communicate with them in writing and that you expect them to adhere to this. Tell them that if they continue you will report them for harrassment under the Wireless Telegraphy Act of 1949.

 

If they do continue, report them to Oftel and to the police - if you have asked them to stop calling and to communicate in writing and they do not, they are committing an offence.

 

thanks I will do that!!

also do you know how it works with the debt now having been sold to the debt collectors? I assume we can still claim charges back from MBNA, but if it has been sold to a debt collectors what happens????

 

I have my fighting gear on

[mahala]

If you intend to claim charges from MBNa on a debt sold on, this is what I would advise (it's what I'm doing with GE Capital)

 

Send your DPA request to MBNA as discussed already. Write to the debt collection agency enclosing a £1 postal order. Ask them to provide you with the information you entitled to under the COnsumer Credit Act 1974.

 

Try this as a template:

 

 

Account number XXXXXXXXXX

 

Dear Sirs

 

Please supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with MBNA into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute.

 

 

They then have 14 days to provide with the information. If, after one calendar month, they have not sone so, they have committed an offence and you can report them to Trading Standards. If they have not supplied the information within 14 days, they have defaulted on the request and they cannot then legally enforce the debt. The debt remains unenforceable until such a time as they do supply the information.

 

Have a read around the forum on this issue, there's quite a lot about it. I would suggest this thread as a starting point.

 

Hope this helps

[suzanne michels]

If you intend to claim charges from MBNa on a debt sold on, this is what I would advise (it's what I'm doing with GE Capital)

 

Send your Data Protection Act request to MBNA as discussed already. Write to the debt collection agency enclosing a £1 postal order. Ask them to provide you with the information you entitled to under the COnsumer Credit Act 1974.

 

Try this as a template:

 

 

 

 

They then have 14 days to provide with the information. If, after one calendar month, they have not sone so, they have committed an offence and you can report them to Trading Standards. If they have not supplied the information within 14 days, they have defaulted on the request and they cannot then legally enforce the debt. The debt remains unenforceable until such a time as they do supply the information.

 

Have a read around the forum on this issue, there's quite a lot about it. I would suggest this thread as a starting point.

 

Hope this helps

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thanks so much will do this asap

 

cheers for the support

suz

[suzanne michels]

If you intend to claim charges from MBNa on a debt sold on, this is what I would advise (it's what I'm doing with GE Capital)

 

Send your Data Protection Act request to MBNA as discussed already. Write to the debt collection agency enclosing a £1 postal order. Ask them to provide you with the information you entitled to under the COnsumer Credit Act 1974.

 

Try this as a template:

 

 

 

 

They then have 14 days to provide with the information. If, after one calendar month, they have not sone so, they have committed an offence and you can report them to Trading Standards. If they have not supplied the information within 14 days, they have defaulted on the request and they cannot then legally enforce the debt. The debt remains unenforceable until such a time as they do supply the information.

 

Have a read around the forum on this issue, there's quite a lot about it. I would suggest this thread as a starting point.

 

Hope this helps

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thanks so much will do this asap

 

cheers for the support

suz

[suzanne michels]

thanks so much will do this asap

 

cheers for the support

suz

 

hey guy:)

have sent off my DPA and letter to the credit reference agency, so we will see what happens

 

suzxxx