Anybody Fancy Some Fun ?

[dellydaisy]

Sounds like a raffle ticket thing hgoing off here

 

 

One lucky winner will get to really get up mbna`s nose!

thats sneaky.....

 

Im in!

[overcharged_consumer]

Yeah but c'mon - the whole point of this is to claim back unlawful charges - not to get away with as much as you can. Sure, if under the CCA they are obliged to send you a copy of your signed contract then fair enough but why are we trying to catch them out.

 

I don't mean to offend but does that not make us as bad as them?

 

OC

[Ihatebanks]

Would this apply to mobile phone contracts?

I got 2 defaults from vodafone after refusing to pay a £400 bill for calls made in Belgium whilst on Holiday in Southern France I informed Oteleo but they were no use said that The bill "might" be correct and suggested I paid it and accept a £30 payment from Vodafone for there lack of Customer service Huh!

Whilst Writing to Vodafone over many months i asked for a copy of my signed contract I got the Following Reply

"Unfortunately, Vodafone does not hold a copy of your original signed contract"

If this is the case surely There is no debt and defaults should therefore be removed

I look forward to any advise

[paulcaley]

I agree it might make us as bad as them, but what fun we could have doing it

 

Image them receiving all the letters they have to reply to within law and if they screw up. It would be great to be a fly on the wall, someone may get away with it.

 

Does this apply to all credit agreements - if its been sold onto another company etc. do they have to produce the original documentation.

 

The reason that I ask is I took a loan out for some windows from St. Helen glass a number of years ago, which is still ongoing - but the agreement has been sold on a few times. Is there any mileage in this?

 

Thanks,

 

Paul

[surreyscouse]

yes, applies to all credit agreements. he beauty is that if the debt has been sold on then the DCA would need to get it from the bank or whoever and then get it to you within the 12 day period.

 

As for making us bad, this bunch of clowns have given me so much grief and are now been purposefully obstructive. If we ever miss payments or default then MBNA exercise their rights under the credit agreement. All we are merely doing is exercisin our rights by law. I know you don't want to offend anybody overcharged_consumer and my initial thought was that somebody would come back and say exactly what you have, but there are lots of people on here who have been treated very very badly by MBNA so why not let them and I have a bit of fun at their expense, after all, we would not be doing anything unlawful but just exercising our rights.

 

I'm well in on this anyway, any suggested dates guys ? When do we think it will be best to hit them ?

[thfctimmo]

surrey scouse count me in anything tomake the card companies squirm, im going to try it with halifax credit cards as they act like dick turpin

[norvernrob]

I'm in, what can it hurt!

[gizmo111]

I do not acknowledge ANY debt to your company or any other person or organisation you represent. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully

Hi Guys,

Just wish I had a MBNA card to join you! The letter above is one that I used recently on a DCA - they have now given up, I have yet to report them. Feel free to tweak as you see fit to make your template.

Good Luck.

[paulcaley]

I am in, just name the date for those MBNA scummies

 

Paul

[thfctimmo]

the letter template looks good lets get at them what a headline in a paper this would be " MBNA goes bust after customer complaints" oh id love to see that day

[surreyscouse]

I think the letter above is ideal for DCA's. What I am suggesting is that we merely request the signed agreements. We do not tell them why. I would much rather MBNA fell into a comfort zone and did not supply them in time and then we can hit them hard. I will try and put a template on here later. One thing that works in our favour is that the info they have on us over months old is stored in the states so it takes them longer to get it.

 

I would even be very vague on the day rule and say something like "I'm sure you know your obligations under CCA 1974". Some muppet will immediate think they have 40 days and try and get smart with us.

 

Please, please, please spread the word. Go for the other banks as well if you like it. Group action like this will knock em for 6 if enough of us do it !

[surreyscouse]

Day 14 today ! Just have to wait until the close of business to see if claim acknowledged/defended (can't see it being the latter) . will keep you guys updated - nothing changed on mcol just yet !

[Worzel]

I am definitely in on this one!

 

I've just received my statements and they have hit me with £700 charges in the last three years - they even charged me when I was paying off some arrears through an agency!

 

Don't get me wrong, I fully accept my own debts, but what I don't like is the harrassement and general bad attitude I've experienced from MBNA in the past (even though I've always been trying to 'put things right').

 

So yes, count me in

 

Worz.

 

PS If I get a chance to come up with a suggested letter I'll offer it to the thread too

[stacymason]

Yes definately count me in. MBNA have continually harrassed me over the last 12 months when we were experiencing financial difficulties, They were rude and intimidating and at one point phoning around 20 times a day. So anything that makes their life difficult I'm up for!!!;-)

[Worzel]

What about this . . . . .

 

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

 

Dear Sir

 

With the current media attention on credit cards, banks, debt, etc I am in the process of organising my own financial records such as bank statements, agreements, loans, etc.

 

With this in mind please send me a copy of the signed credit agreement between MBNA and myself. As I’m sure you are aware, under the obligations of the Consumer Credit Act 1974 you have a duty to supply this but in doing so are entitled to make a charge. Therefore I enclose a postal order for the statutory sum of £1.00.

 

In closing may I thank for your time and I look forward to hearing from you in due course.

 

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

 

Short, polite and to the point?

[Sophie-Jane]

As far as I'm aware, I have received a signed copy of my agreement by one company, sorry cannot remember off hand which one

This came with the Data Protection Act request information

 

If the rest did not supply me the signed agreements, would that mean that they may not have the signed agreement??

 

Or would I need to specify it with a CCA Request with the £1 PO ??

[surreyscouse]

sophie jane, well i am of the opinion that if you do a DPA request you should get a copy of everything they hold about you so the signed agreement should be in there. Idid not get a copy of this, i merely got some terms and conditions with my name and an apr on there so nowhere near the real thing (bearing in mind it had today's interest rate on it and not that from 5 years ago)

 

Worzel, as always I can rely on you for back up. Good letter, the only thing I am not sure about is stating why we want it. I think just a straight forward request might be in order but leaving them in no uncertain terms as to exactly what document we want. I just want a load of letters arriving on the same day asking for exactly the same thing to throw them into complte chaos ! I would probably use most of your letter in this kind of way (if that's alright)

 

Address

 

Date

 

Request Under Consumer Credit Act 1974

 

Dear Wasters,

 

Account No.xxxxxxxxxxxxxxxx

 

Please send me a copy of the signed credit agreement between MBNA and myself. As I’m sure you are aware, under the obligations of the Consumer Credit Act 1974 you have a duty to supply this but in doing so are entitled to make a charge. Therefore I enclose a postal order for the statutory sum of £1.00.

 

In closing may I thank for your time and I look forward to hearing from you in due course.

 

What I like about your final line is that we will then wait to hear from them in due course before hitting them 12 days later. ( they may well think they have 40)

 

Obviously, feel free to offer any alternatives, just because I suggested this letter doesn't mean I am a control freak. In a physco sort of way, I just want to get inside their minds and work out what will make them trip over themselves so we can really wreak havoc.

 

I have read far too many stories about how they have unfairly treated people (not myself really) and just feel it's time we turned the tables a bit more and ganged up on them I'm not a nutter though !

[Worzel]

So it seems the letter has been agreed :grin:

 

 

Address

 

Date

 

Request Under Consumer Credit Act 1974

 

Dear Wasters,

 

Account No.xxxxxxxxxxxxxxxx

 

Please send me a copy of the signed credit agreement between MBNA and myself. As I’m sure you are aware, under the obligations of the Consumer Credit Act 1974 you have a duty to supply this but in doing so are entitled to make a charge. Therefore I enclose a postal order for the statutory sum of £1.00.

 

In closing may I thank for your time and I look forward to hearing from you in due course.

 

 

I like it ;-)

 

All you need now is a load of people to join in. May I suggest we have a 'quote and add your name' type of ongoing list through this thread?

 

So far you have:

 

Surreyscouse

Stacymason

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

 

Any more?

 

Quote the latest post with a list, remove the crap and add your name to the list (see next post).

 

Also, how about we send them off on Wednesday July 5th to arrive Thursday 6th - just before the World Cup final weekend (when there are bound to be people taking either the Friday 8th or Monday 10th off from MBNA)

 

Worz

[Worzel]

Like this

 

I'm in too:

 

Surreyscouse

Stacymason

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Worzel

[surreyscouse]

Agree with dates in principal. I thought maybe we could send them on the seventh but not sure if anybody is there on 8th to sign for them. If there is then that would eat up 2 days before anybody actually gets to read the letters and start dealing with them on 10th (short staffed and hungover) Has anybody had a letter signed for on a Saturday by mbna ?

 

If not then may I suggest we send them on 6th, not much will happen with them as it's a Friday when they arrive and the friday feeling/liquid lunch etc. may mean they don't get looked at properly until Monday, either way it all eats into their time.

 

So as per Worzels suggestion, add your name and preferred date and in true democratic style we can go with the majority - so here we go

 

Surreyscouse 6/7/2006

Worzel

Stacymason

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

 

shall we agree to count them up on Monday so the weekend users can have their say as well ?

[Worzel]

may I suggest we send them on 6th

 

Just remember that '1st class signed for' (costing about £1.00) does not mean the letter will be delivered the next day but within 2 days (although experience has shown [for me at least] that they are usually next day). To guarantee arrival on the 7th the letter will have to be sent 'special delivery' (costing about £4.00). So I'll stick to my suggestion of the 5th just to keep costs down :grin:

 

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

[surreyscouse]

off home for the day now, now sign of a defence or acknowledgement from MBNA so I gues I will just have to issue judgement tomorrow. I will probably need to speak to the court to see what they have to say regarding a claim for distress. I am gutted they have not responded, I was well up for a full on ruck in court with this bunch ! Still, I'm sure they haven't heard the last of me by a long shot ! ;-)

[o0oliambeeo0o]

Hi, I really like your idea in here, let me ask a silly question,

 

Ok here goes, I am in Scotland, say for example I had a car on HP, say I send your letter below to BLACK HORSE (finance company), and say they do not meet the 12 day deadline??

 

What does this mean?

Is it 12 working days or 12 full days?

Can I take it this applies in Scotland?

 

Just something else not a question, under your request do they not have to supply the following within 12 days:

 

1. You must supply me with a true copy of the alleged agreement you refer to. It is my right and your obligation to supply a copy of the agreement under S.78 (1) of the Consumer Credit Act 1974 (S.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. A signed true copy of any default notice issued in relation to the referenced agreement you allege exists. (if applicable)

 

[davefirewalker]

I would like to have a go too

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Davefirewalker

[stacymason]

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy