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iwannabedebtfree

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About iwannabedebtfree

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  1. how odd is this case? if Cobbetts are so sure of winning then the claimant will be liable for fees as it wasnt a small track case! talk about contradictory!
  2. apologies for not updating but MBNA have replied to me stating that their stance on s.85 is correct, however, they have offered me a further goodwill payment as they realised when they worked out my charges refund they only included fees and contractual interest, and not fees, contractual interest and the 8% they say i would receive from court had i taken them to court! anyway as far as im now concerned the fight with MBNA is now all over! im back within my T&C's, i've even paid the contractual payments on time and i get spoken to on the telephone like im a valued customer!!! ha ha check that out, i have gone from being nasty slug on the floor in debt that can be trodden on from corporate MBNA to yes sir no sir have some credit sir...ha ha so they can charge me more in interest (yes sadly the downside is that i got a letter saying that their interest rate is going up!) toodles
  3. oh battleaxe so sorry to hear you are still having issues with MBNA! i got a surprising letter this morning from MBNA in respect to my S.85 request, a goodwill gesture, it was a surprise as i got a private message telling me i was wrong on s.85 and i should stop my action :s oh well alls well that ends well i guess, hope you get sorted soon
  4. sorry for late reply have major personal issues at the moment. got a letter from gavin, was soo nice, i went from customer assistance, to business department to the advocate dept, only they are now calling themselves assistance department. i thought id let them stew so rather than chasing it up i ran with their timeframe. gavin's reply in essence was - "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. 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 your agreement. you may note that this copy of your credit agreement does not include a signature by or on behlaf 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 specified information. this does not affect the validity of the credit agreement of the copy we have served on you. " my reply MBNA Europe Bank Customer Assistance Department PO Box 30 Chester CH4 9FD Dear Mr Theobald, Account: xxxxxxxxxxxxxxxx – Letter Before Action Thank you for your letter dated 7 March 2007. I have noted the content of the letter, and unfortunately the content has not met my expectations. As you will note as part of my letter I sent you a default notice, advising of the breach and request for consolidation of all interest since June 2004, totalling £550.19. In my previous letter dated 5 February 2007, I advised of the relevant section of the Consumer Credit Act 1974, section 85 advises: 85 Duty on issue of new credit-tokens (1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it. (2) If the creditor fails to comply with this section— (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. You seem to be of the opinion that the “credit card mailer” as you word it meets the set criteria of section 85 of the above act. However, you need to note that section 85 advises that an “executed agreement” is required. If you review section 61 of the above act it will advise of what is an executed agreement, namely an agreement that is in a prescribed form, is signed by both myself and MBNA, and contains the terms of the agreement. Your “credit card mailer” as you describe, does not conform to the executed agreement under section 61, ergo, you are in breach of section 85 of the Consumer Credit Act 1974 as previously explained in my letter dated 5 February 2007. Furthermore the default notice that was submitted with the letter has not been complied with, therefore I give 14 days notice of my intention to commence court proceedings against MBNA at the earliest possible time upon expiration of the 14 day notice period. Yours sincerely so lets see where it all goes.....ha ha off to court i guess at the end of the month!
  5. hello all sorry for the late post, have been way too busy with other stuff not good cant talk anyway no joy wiht MBNA as yet, they seem to pass my s85 from department to department without anyone knowing, we now have a date of march 9th for a reply, its the second date so i doubt it will give me anything new
  6. got a letter from some woman saying she was head of customer assistance, advising that the business section will reply to me within 5 business days in respect of my s85 default. i may be small, individualistic, but at times act like im more than just me, but im definately not a business! they do have until 5th March i do believe to comply, but maybe they are busy at the moment with all the s85 defaults that have been sent to them!
  7. yes a very strict reading of section 7 is that a data controller can just send a detailed compilation of what the company holds on a subject, explaining how the data is held and in what form the data comes, i.e. on a computer or in writing. They do not have to send a copy of everything they hold on you to comply with the sar. there was a recent discussion in the legalities section. Most companies will comply with a sar by sending copies of what has been requested for ease.
  8. hi im trying to get a policy briefing to attach to this thread, but if i dont sorry, can i suggest we all go to the following link, its an early day motion in relation to the tribunals, courts and enforcement bill. CAB and legal action group are lobbying MPs for an effective regulatory framework for bailiffs. check to see if your MP is on the EDM and if not chase them up!! http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=31793&SESSION=885 Thanks
  9. hi im trying to get a policy briefing to attach to this thread, but if i dont sorry, can i suggest we all go to the following link, its an early day motion in relation to the tribunals, courts and enforcement bill. CAB and legal action group are lobbying MPs for an effective regulatory framework for bailiffs. check to see if your MP is on the EDM and if not chase them up!! http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=31793&SESSION=885 Thanks P&C Brief 4 Feb 07.doc
  10. hi im trying to get a policy briefing to attach to this thread, but if i dont sorry, can i suggest we all go to the following link, its an early day motion in relation to the tribunals, courts and enforcement bill. CAB and legal action group are lobbying MPs for an effective regulatory framework for bailiffs. check to see if your MP is on the EDM and if not chase them up!! http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=31793&SESSION=885 Thanks P&C Brief 4 Feb 07.doc
  11. will/bill will get a copy of my notice of default under s.85 tomorrow
  12. yes another small nuke, but i think bill or will gets my notice of default tomorrow too, must be nice knowing sooo many people want to write to you!! we should have saved all the letters up and posted so they arrived on the 14th then he would know how loved MBNA are!!
  13. yes it does seem that MBNA are playing their usual game of hide and seek, usually they come out when the courts catch them with a nice N1!
  14. hoople, i was in an agreement too and had over half of my balance wiped out due to charges and interest. im now in a position to go back within my terms and conditions. But everyone is different so do the maths and work out how much you have been charged and look to recover the money, then look at whether the agreement is still the best for you.
  15. hi Ladybird it will be interesting to hear from Battleaxe on thursday! i understand your point re: default. from reading the legislation my personal thought is that the default is automatic, but i decided to send the default incase MBNA ever go to court to try to say that they had not received the default. A company the size of MBNA must know about the CCA and employ their legal team to understand the legalities of CCA and s85. They have obviously overlooked this, and hoped that their customers are none the wiser! It would be nice to be a fly on the wall within MBNA HQ when they discuss how to deal with s85. as i am only dealing with one re-issue of a card, yet i know i was re-issued a few cards! good luck with your pre-lim.
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