Jump to content

iwannabedebtfree

Registered Users

Change your profile picture
  • Posts

    222
  • Joined

  • Last visited

Posts posted by iwannabedebtfree

  1. 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

  2. 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

    • Haha 1
  3. 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!

  4. 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

  5. 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!

  6. 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.

  7. 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

  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

    P&C Brief 4 Feb 07.doc

  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. 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!!

  11. 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.

  12. 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.

  13. thought id open up a new thread for all those taking action under section 85 CCA 1974 against MBNA, sort of a support and update thread :p

     

    notice of default was faxed off today, with a copy going in the post to Mr Wareing (bet he hates the attention he gets), so hopefully i will get the usual letter saying we have 30 days to deal with your complaint under FSA rules! who knows, but good luck to all that are taking back the right!

  14. intercityman

     

    standard interest and contractual interest? do you mean by standard interest the 8% under s69 if so then you cannot claim both interest under s69 and contractual interest.

     

    if it is you are claiming contractual interest that has been compounded, make sure you do not put two seperate figures as it confuses the situation. i know in the spreadsheet v2.7 it was two seperate figures but in the spreadsheet v2.8 (see templates section i think) it is more clear and so if you do file the N1 its is clearer for all tos ee what interest you are requesting. just a thought, as i confused myself senseless in my letters as it seemed i was just being greedy and going for everything i could. whereas the v2.8 spreadsheet made my greed more palatable :p

    • Haha 1
  15. i agree it is down to the claimant, but if the claimant feels they want to be a jobseeker, and feels that they could secure employment then that si the claimants choice. However, i would be careful to note how a claimants disability may affect their employability and ensure that additional support is provided where necessary. I have the same issue with a client at the moment, they are adament that they want to find work, disability aside, they feel they could secure employment (personaly i hope the jobcentre take on my argument as the client is in 16 hrs pw work based learning, and so should be in receipt of IS), but again it is the client that has made this choice.

  16. if your disability does not stop you from seeking, and securing work, then yes you can claim JSA, however, your JSA claim must take into account your disability and make arrangements for this, therefore, as you noted at the top if they do sanction you they must be careful not to breach the DDA.

  17. unless RMA/NCO own the debt i would not deal with them, they are a bunch of muppets that will try to ring you daily and harass you. send a copy of your harassment letter to your local trading standards office, and when RMA/NCO ring up tell them you wont deal with them and you will only deal with MBNA, if they wont accept it laugh down the end of the phone! really annoys them :) tae a note of every call they make, keep a log, whether you answer the phone is up to you, but take back your rights!! you are not someone who should be harassed on the end of the phone but a bunch of muppets on a power trip!

  18. if your tenant is staying, and you accept, she needs to apply for HB. the tenant losing her job will have no bearing on her application for HB, it would have implications on a JSA/IS application. Likewise, if your tenant takes up a part time job she could apply for HB to cover some of the rent.

     

    you mention that your tenant isnt sure whether she is staying or going, you really need to be looking for a new tenant if you existing tenant plans to honour the NTQ. likewise, i would not advise trying to get the tenant to leave before this date as you may breach the protection from eviction act1977. likewise if you do have prospective tenants viewing, i would advise you contact the tenant both in writing and with a quick phone call advising when you want to conduct the viewing and if it is ok. you dont want to breach the clients right to quiet enjoyment.

     

    likewise, and again, if your tenant is not responsive, go to court, if you have tried everything as a landlord, and i would include recommending in writing to the tenant that she applies for housing benefit, then the judge will not be able to find a "technicality" that has been mentioned in various threads.

  19. u claim the 12 quid charges as they are penalty charges and a pre-estimated figure, it doesnt cost MBNA 12 to tell you you are over your limit or that you have not paid on time, nor does it cost them 12 quid a time in lost revenue. you also want your interest back as well.

  20. would be interesting to see your s85 letters as mine is going off on monday hopefully, sorry i love to copy too, a lil cut copy and paste, an amalgamation here, touch up there, and voila we have a snotty letter heading for the fax machine and off to MBNA (sorry im using faxes at the moment as a) i dont want to waste postage on them, b) i get a receipt and c) some burk in the customer advocate office gave the number out :p)

×
×
  • Create New...