SteveH2508 v MBNA

[SteveH2508]

About to send off prelim claim letter to MBNA.

 

Looking to make the point 'up to the third lace-hole' with this lot of usurers!

[Cornucopia]

About to send off prelim claim letter to MBNA.

 

Looking to make the point 'up to the third lace-hole' with this lot of usurers!

 

Good luck Steve and keep us posted with developments!

[SteveH2508]

Just put my CCA s78 request in the post (13 March) - hopefully it will shut those Mean Banking Numpty A**eholes up for a bit!

[SteveH2508]

Got the usual boilerplated platitudes back from MBNA with a GOGW of c£200 (out of a claim for c£1200 incl interest I DON'T THINK SO!)

S78 request still counting down.

LBA to follow shortly.

[SteveH2508]

This question is for any DPA gurus out there (I've searched around and found nothing relevant yet).

My MBNA account started life with Bank of Scotland. I do not recall ever signing anything with MBNA when they took over the account. The original agreement was pre 1998 (i.e. pre DPA1998.)

Can my authority to process personal data be transferred without my say-so or my signature? (particularly as I have almost certainly never signed any DPA1998 approval in the original agreement - if it actually exists?)

Just a thought.

[SteveH2508]

Well I have just got a letter "charges are valid, fair and reasonable..." blah blah blah BUT with a further goodwill payment of £1,268.92! That is the lot with CI! Woo Hoo!

 

Re Account No. XXXX XXXX XXXX XXXX

Consumer Credit Act 1974 as amended & Agreement Regs. As amended

 

I refer to the document which you sent me on 27th March 2007, purporting to be a true copy of my executed agreement in relation to the above account. This was sent in response to my statutory request dated 13th March 2007 with a £1 postal order enclosed but not cashed.

 

I enclose a photocopy of what you sent to me, blown up from A4 (the size sent to me) to A3. As you can see, it is impossible to decipher most of the print on it and therefore to see whether the prescribed terms are present, never mind being able to read them.

 

There is a legibility requirement in the Regulations which states:

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper

 

By no stretch of the imagination is the lettering in this copy document ‘easily legible’.

 

You have also failed to include the statements required by subsections (1)(a), (1)(b) and (1)©. (copy of relevant section in appendix attached)

 

It appears therefore, that what you have sent me does not comply with the Consumer Credit Act and its Regulations in several regards, which renders the ‘agreement’ unenforceable by virtue of Section 78(6)(a) of the Consumer Credit Act.

 

I am therefore formally notifying you that I regard this account as in default by you and that you are precluded from taking any enforcement action by virtue of Section 78(6) of the Consumer Credit Act 1974.

 

I am aware that this is not an isolated occurrence. I will be interested to hear your reaction to this situation and your proposals for rectification.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

Mr X X X XXXXXXXX

 

 

Appendix

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

.

.

.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

 

 

180 Power to prescribe form etc of copies

(1) Regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act, and may in particular—

(a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;

(b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, or his relative, and that one part of a document is not given insufficient or excessive prominence compared with another.

(a) require specified information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy;

(b) authorise the omission from a copy of certain material contained in the

 

(2) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document—

(a) is not satisfied unless the copy supplied is in the prescribed form and

conforms to the prescribed requirements;

(b) is not infringed by the omission of any material, or its inclusion in

condensed form, if that is authorised by regulations;

 

 

and references in this Act to copies shall be construed accordingly.

(3) Regulations may provide that a duty imposed by this Act to supply a copy of a

document referred to in an unexecuted agreement or an executed agreement shall not

apply to documents of a kind specified in the regulations.

 

original, or the inclusion of such material in condensed form.

 

 

Extracts from OFT booklet

The prescribed terms specified in Sch 6 are as follows:

• amount of credit – see Q8.4

• credit limit – see Q8.5

• rate of interest – see Q8.6

• repayments – see Q8.9.

 

Sch 6 was not amended by the 2004 Regulations.

 

 

 

However, they have not responded yet to this letter regarding their illegible paperwork (I cannot really call it an agreement! ) for my S78 request.

 

Methinks they are worried that they cannot enforce the rest of the balance.

 

Too right Guys!

[SteveH2508]

Oh dear! - they are still sending statements and adding interest and charges - AND they have not credited the GW payment or replied to my letter!

 

Gloves off time now I think - they are in criminal default for the S78 request (letter to my ex-colleagues at TS coming up) and a VERY pointed letter to MBNA coming up.

 

Seems they are a complete admin vortex this lot.