Fred Bassett v MBNA

[Fred Bassett]

I am going to send off a CCA request to MBNA tomorrow and have read some of the threads on here with a lot of interest.

Everything seems to point to MBNA having something to hide. A couple of years ago, when my financial situation finally exploded in my face, my dealings with MBNA were strange to say the least. They were the most aggressive of all my creditors by far (of those that didn't use a DCA) and they were absolutely DESPERATE to stop me dealing with the matter through the CCCS.

I remember one particular series of calls:

A very aggressive bloke (Irish) rang me very late in the evening - gone 9pm. I was doing all I could by sorting out everything through the CCCS and I was annoyed, so I told him to **** off. The following day a woman rang me (also Irish) and she was much more conciliatory, but I still wouldn't budge. It turned out that this conversation was being listened in to by another man (Irish too) who did his absolute best to persuade me not to go the CCCS, claiming such things as 'You're a very proud man Mr Bassett, we can sort something out here, they're not acting in your interest' etc. What's the Irish connection here?

I felt then that they had something to hide and now I'm certain of it.

So tomorrow I'm going to kick off proceedings against MBNA and I'll keep you posted.

One question please - Does the non-production of the original credit agreement mean that they can't enforce the entire debt, or does it just apply to the interest and charges?

Thanks in advance.

Fred

[half ax I]

My understanding from other threads is the entire debt. It doesn't wipe out the debt, just means it can't be enforced I think. Not too sure as haven't had to look into this too deeply, but there are some mammoth threads on CCA that might be worth a look.

[Fred Bassett]

Thanks hal fax i,

I've been reading through some of the other threads but it's all a bit mind blowing, there's so much on there. I'll keep on though. I just wonder if, ultimately, they will simply be unable to enforce the debt and therefore have to pay people back. Sooner or later somebody will get to the bottom of it, but it's beginning to look like they've messed up in a big way.

[lazybones]

Hi Fred

I think you'll find that they can't enforce the debt without taking you to court and getting a ruling from a Judge.

As Half Ax I says there a some epic threads on this subject.

Good Luck Fred, it seems You and I have been victimised by two of the nastier financial institutions out there.

[Fred Bassett]

Thanks lazybones. This could all get very stressful so it's nice to know that I can come here for some moral support. It's much more than that too, knowing that other people have gone through exactly the same thing as me and have won through is all the encouragement I need.

I'm still encouraged by this CCA business, I think it's well worth a £1 postal order just in case the creditor can't produce the proper agreement, so I'll be starting a few more threads along these lines.

Have a nice day - don't know where you are in the world but down here in sunny Dorset it's just fabulous (as ever).

[ScarletPimpernel]

Originally Posted by Fred Bassett

What's the Irish connection here?

Perhaps MBNA are learning from Gerry Adams et al, and think that it doesn't matter if they break the law - Tony Bliar will let them get away with it anyway...



Realistically, call centres are big business here in NI and in the Republic, so MBNA may have spread its tentacles over the water.

[Fred Bassett]

Quite. Let's face it, Blair seems quite adept at breaking the law himself, witness that illegal little war in Iraq. He'll be gone soon. Hurrah!

Anyway, I did the deed and posted off the CCA request. I await their reply with considerable interest. Unlike some, my agreement has always been with MBNA themselves, not with another bank that was then taken over or with some kind of store card, so I don't know if maybe their record keeping is better in this instance. However, if they were simply doing it wrong it won't make any difference anyway.

Ah, how I would love to get one over on them. I'm looking forward to this.

Fred

[Fred Bassett]

I want to send my S.A.R - (Subject Access Request) to MBNA. Having read quite a few of the posts on here, I want to try and pre-empt their more like delaying tactics, so I have modified the S.A.R - (Subject Access Request) slightly.

Before I send it off, I wonder if somebody could cast a critical eye over it as I don't want to find that I've altered the gist of it. I don't think I have, but it's good to be cautious.

Cheers.

Fred

------------------------------------------------------------------

MBNA Europe Bank Ltd
PO Box 1004
Chester Business Park
Chester
CH4 9WW

2nd May 2007

Data Protection Act 1998
Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxxx

Standard template letter

In order for you to satisfy yourself as to my identity, I enclose a copy of my driving licence., however, Standard template letter.

Please also note that whereas you may not wish to treat this letter as a Subject Access Request, I DO. Feel free however, to return my cheque if that is your wish.

Yours faithfully,



Fred Bassett

[half ax I]

Fred

Looks OK to me. A slight variation on the statndard. Also looks pretty much the same as the template letter here - 1. Data Protection Act, Subject Access Request letter - List of charges

Did you notice the text in Red at the top of the template letter?

[Fred Bassett]

Half ax,

No I didn't - the trouble is, I copied onto a blank word document and saved it as my own template.

I've edited this out now - thanks for pointing this out.

Cheers.

Fred

[Fred Bassett]

Well today I received a letter from MBNA in response to my CCA request - quite prompt really, 7 days within the deadline.

I don't know whether or not what they've sent me is correct. It appears to be an acceptance form. My details on there are correct at the time I applied for the card which was over 10 years ago. Somebody else appears to have signed across my signature.

However, it is almost impossible to read. Could some of you experienced folks cast an eye over it and advise me what I should do next. Here's the link. The blue boxes have been put there by me to protect my identity and personal details.

Box.net - Free Online File Storage, Internet File Sharing, RSS Sharing, Access Documents & Files Anywhere, Backup Data, Share Files

Cheers.

Fred

[Fred Bassett]

I've been through this document very carefully.

The most obvious things about it are:

• The heading which states "Acceptance Form"
• Section under the heading which states "Credit Agreement regulated by the Consumer Credit Act 1984"
• The fact the most of the document is almost completely illegible.

However, it is possible, just, to make out what the individual boxes are, so here they are:

1. Name and Address
2. MBNA Card "I would like the following MBNA Car - Please tick 1 only"
3. Personal Details
4. Employment Details
5. Your Income
6. Other (?) - details of other credit agreements
7. Security Question
8. Additional Cardholder details
9. Your Bank details
10. Payment Protection Insurance (has Yes or No boxes but neither of them appear to be ticked).
11. Principal Carholders Application and Declaration (I think this is what is says). This box was signed by me and it looks like another signature has also been made through it.

• Underneath that is a box entitled "Your right to cancel"
• Beneath that is the signature box - within this I can make out the words "This is a credit agreement regulated by the Consumer Credit Act ......."
• Finally there is a heading "Data Prorection Act 1984" and some other words that start with "Any information provided by you ...."

Now, I've been trawling through a lot of threads regarding this subject and my understanding is that they should have provided details of:

• Terms and conditions
• Interest rates
• Late payment fees

I don't believe that any of these are on here.

Everything about this tells me that what they have sent is not a properly executed agreement, but without knowing what one of these looks like I can't tell!

HELP!

Thanks.

Fred

[lazybones]

Hi Fred

I an no expert but tihs looks like an application form to me.

your best bet is to get "Cornucopia" , "BattleAxe" or "bong" to have a look, they seem to have a lot of experiance in this field

As always Good Luck in the fight

[Fred Bassett]

Thanks lazybones. What's the best way of drawing it to their attention? Or should I just wait until one of them happens along?

Fred

[lazybones]

You could post on one of their threads asking them to have a look at what you got and include the link to the document

MBNA Properly Executed Agreements

This is Cornucopia's thread

Tried the link thing but didn't work