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About msheridan69

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    Basic Account Holder
  1. Hi, Made a request to MBNA for CCA and relevant account statement back in October 2009. After several emails, letters and harassing phone calls I finally received a letter today stating that they have no paper record of my agreement as I must have applied via the Internet and that the Terms and Conditions is in fact the Credit agreement and does not require to be signed by Irish Statute section 30 . Fair enough they say I don't need a signed credit agreement but what about my request for relevant documentation under section 43 of the same act? They haven't complied therefore the account is s
  2. January - I've been making token payments of 50Euro every month, but they kept the late fees and interest piling up. It's gone from 14K to nearly 17K in the last 6 months.
  3. G'day bodgit, I have an MBNA Ireland account that's 7 payments in arrears. I've been through the threaten calls and ignored CCA requests. Looks like MBNA are going to try to enforce an agreement with me too, even though their last letter to me stated that they didn't have a CCA for me and I must have applied over the phone. I'll keep you posted of any updates. Good luck!
  4. Hi Caggers, First off this is a great site, a treasure-trove of information to help us fight back against what must be one of the biggest outlaw banks there is...MBNA. My battle is centered around an account that was setup with MBNA Ireland back in the mid 90s. The quotes from the Consumer Credit Act 1974 you see in CCA requests etc obviously only have jurisdiction in the UK, so for any Caggers out there that have Irish accounts here's the equivalent sections from the Irish Act. Consumer Credit Act, 1995, Section 30 where is states the requirements of an agreement, however not s
  5. Hi vint1954, Yes - the account was opened in Ireland back in the early 90s. I presume this is why they don't have any form of agreement with me on file - NO CCA, nothing! I looked through the thread to suggested - very interesting - also very scary. It looks like MBNA operate outside the law and they'll go ahead and onsell the debt anyway to an Australian DCA and in turn they'll give you a 5 year bad credit history They haven't issued me with a default notice yet (unless last night's telephone call was supposed to be one) - will they have to inform me of their intent to onsell
  6. Thanks guys - I really appreciate the input - I'm getting concerned that they're going to give me a bad credit reference over here in Australia. I had a good look through the Irish Consumer Credit Act and it gets interesting around section 30 Consumer Credit Act, 1995, Section 30 where is states the requirements of an agreement, however not sure if paragraph 4 rules out the whole section if its a credit card agreement? Section 43 Consumer Credit Act, 1995, Section 43 states the rules for a CCA request. In my case it looks like they had 10-14 days to comply otherwise the account would
  7. Hey - I've drafted this letter to send to them. Dear Sir/Madam Thank you for your letter of 22/12/09, the contents of which have been noted. You have failed to respond to my legal request to supply me with a true copy of the original Consumer Credit Agreement for the above account. On the 5th of November 2009 I wrote to you requesting a copy of the credit agreement and other information regarding my account under the Irish Consumer Credit Act 1995 section 43(1). I received a reply to that request stating that you had no paper record of my CCA. The request however st
  8. Hey, collections just called again - I decided to hear what they had to say. The lady (overstatement) said they're going to 'write off' my account at the end of the month because it was 7 payments behind and that her manager would be contacting me. I explained that the account was in serious dispute because they hadn't complied with my CCA request - she seemed flabbergasted - as if she didn't understand that once an account was in dispute she couldn't take any further action. I'm afraid they're going to go ahead and default the account anyway and give me a bad credit refere
  9. Well, it's been about 6 months since I asked MBNA to freeze my account and extra charges because of my current financial situation. I followed the course of action as prescribed by this site and here's a quick summary. 1. Requested Freeze - MBNA canceled my card and denies me freeze. 2. Phone calls through the night (I live in Australia now) 3. Requested written contact only - MBNA email me to contact them urgently - I ignore! 4. I send CCA request - 1 month later they reply saying that I quoted the UK Consumer Credit Act and that has no jurisdiction in Ireland (I used to l
  10. If I'm requesting a CCA from MBNA Ireland is the statuatory rate 1 pound sterling, or is in in Euros?
  11. Here's the letter dated November 3rd... Dear Mr xxxxxxx, Account:xxxxxxxxxxxxxxxxxxxxxxxxxx Your account is currently 3 payment(s) behind and you would need to make an immediate payment of €1,093.32 to bring the account up to date. You would then need to maintain a monthly payment of at least €358.00 per month to prevent the account from falling into arrears. Please note that if an account is in arrears it does register negatively with the Irish Credit Bureau at one month in arrears. Alternatively we have a reduced payment facility to help any of our customers who find themselves
  12. MBNA just sent me 3 letters from Tara Mullen, Head of Customer Assistance, dated October 28, November 2 and November 3. I emigrated to Australia a couple of years ago so it takes a few days for the letters to get here. Anyway, long story short, because of financial reasons I haven't been able to make the full monthly payments for a few months now. I've made token payments and I've sent MBNA a letter asking that the freeze interest and late fees - they didn't and I now owe 1093 euro in fees alone. They've been calling me on the phone, and sending me emails, but I've told them I only intere
  13. Thanks mystery1 - it's useful to see what they'll send me - I was looking for a template 'requesting a CCA' from them. Should I just ask them for items a, b, and c as per your reply? How long do they have to fulfill the request before the account goes into dispute? cheers
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