Anybody Fancy Some Fun ?

[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 !

[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 !

[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 ?

[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 ! ;-)

[surreyscouse]

good, good , we are gathering momentum here !

 

Just to clarify, it is 12 calendar days NOT working days.

[surreyscouse]

Crikey, talk about taking on the big boys ! I have won ! (for now at least)

 

The following information relates to your judgment:

Claim Description MBNA

Claim Number 6QZ36695

Status of this Judgment Requested

 

Your judgment has been submitted to the court for final validation before being issued.

 

I spoke to the girl at mcol before i issued the judgement. She did say that I can send in bailiffs immediately if I wanted to. Seems a bit heavy handed even by my standards so I will fax them later on this morning and let them know they have 7 days to get the cheque to me otherwise I will send the bailiffs in and you know I will ;-)

 

The only thing I couldn't do online was claim for distress. The money claimed is solely for expenses incurred by myself. The ladt said that I would need to go to my local court and issue another N91 but kind of cross-reference the two summons so that the judge can see what i have already done. means paying another £30 but i can handle that all day long as long as I am having a bit of fun ay MBNA's expense.

 

This lot do not want to go to court, trust me, issue summons all day long and they won't even acknowledge it ! I'll post my fax to them as and when I have done it.

 

It's sunny and I can't smile wide enough !

[surreyscouse]

can they get it set aside/ a stay ? I thouht that was it now, I have issued the CCJ it's their fault they haven't responded

[surreyscouse]

thanks for that mate. I can't see them doing that to be honest. The form seems to apply for individuals. Also I can't see MBNA throwing good money after bad so I think they will go quiet. I will give them the 7 days but them apply for the warrant of execution. Thanks for your concern though martin, much appreciated

[surreyscouse]

ok, here is my fax:

 

28 June 2006

 

Notification Of County Court Judgement – Claim Ref 6QZ36695

 

By Fax – 2 Pages

 

Dear Sirs

 

ACCOUNT NUMBER: XXXXXXXXXX

I refer to the above claim, which was served on 13th June 2006.

As you have not responded to the court summons, I have had no alternative other than to issue judgement against yourselves. A copy of the judgement is attached for your information.

You will note that I have requested immediate payment. Please can you forward a cheque to me for the full sum of £330.00 within the next seven days. Should you not do this then I will apply to the court for a warrant of execution to be served upon yourselves without further notice. In addition to the £330.00, you will also be liable for the costs incurred by issuing and enforcing the warrant of execution.

I do not want my account credited with £330.00. I will pay separately any outstanding amount that is currently owing. I will emphasise once again, I expect a cheque for the full amount, not a credit to my account.

Furthermore, the sum of £330.00 does not include awards for distress caused by your actions. I expect you to make an offer of settlement for the distress you have caused me. Once again, I am willing to allow seven days from the date of this letter for you to make such an offer. Failure to do so will result in me applying to the courts for compensation in respect of this at their discretion.

To clarify, my deadline for both items expires at 17.00 hours on 5th July 2006.

I await your reply.

Yours faithfully,

Surreyscouse

Any thoughts ?

 

[surreyscouse]

good words Worz

 

Bryony, called the advocates office and tell 'em straight, they can stop the calls in an instant

[surreyscouse]

ok fax gone, god I hope they don't reply !

[surreyscouse]

I just thought, if I can find 13 more ways to sue them for the same amount of money then that would clear my balance with them ! Not likely though

 

shall we have a vote ? Will they respond within the 7 days ?

 

No for me

[surreyscouse]

we write and tell them that we do not acknowledge any debt to them and that the whole amount is in dispute until such time as they can prove there is a signed agreement. We will also instruct them to freeze all interst on the account and not record any adverse details on our credit files (i.e. missed payments, arrears) and, I'm of the mind that they should refund every single penny we have ever spent on their card as the whole debt is unenforceable by law without the agreements.

 

This really is a bit of a lottery but one of us could do quite well out of this just by exercising our rights. If that happens then I am sure the floodgates will well and truly open :grin:

[surreyscouse]

more fool them if thy haven't kept the copy of the credit agreement. So is hse saying that a mortgage company gets rid of your mortgage agreement after 6 years ? Don't be silly you little mbna woman of course they don't.

 

Complete and utter idiots this lot, they'll get whats coming to them.

 

Rant over, off home, will write tomorrow !

[surreyscouse]

jeez, I can't believe yuo guys are posting at 3am this morning.

 

Martin is spot on with this being a rollercoaster ride. The only problem now is that I don't want to get off !

 

If I can explain why I have issued the 7 day letter (fax). It is merely because I think if I hadn't then their cheque would have taken longer than this to be sent to me. I had a timescale in my head and it is only fair that I share it with MBNA so I could if needs be prove to a judge that I have not been unreasonable if I have to send bailiffs in. So in my mind, I think I am actually speeding up the issue of the cheque being sent.

 

If I am proved wrong then so be it. But I really can't see MBNA wanting to go to court even if they do set aside etc. It just isn't the American way because let's face it that is ultimately where their orders come from.

 

So 6 days for them to issue it. I may just give them a call on day 5 to ask whose computer equipment the bailifs should take first, Michael Rhodes perhaps ? That should get the message accross !

[surreyscouse]

Hi Eric,

 

Between us we'll sort out a template which we will send on day 13 after our letters have been received basically not acknowledging their debt.

 

With regards to the address, agree to most of it aprt from the po box bit. We wouldn't want to help them out too much now would we and send it to the correct department straight away, we'll let them work out where it needs to go, if they can use stalling tactics then why can't we !

[surreyscouse]

did they ever refer to the ericthered bit ? Let them log in and have a look, makes no odds to me, they still need to identify us (i'm probably quite easy by my own thread) and then deal with our request. I'm not concerned by them logging in at home. If I was in their position I know I would, but never expect them to tell the mods that they work for the bank.

 

The staffs main problem in logging in at home is that they can only log in to their account at home in the evening when almost all of our contact with them takes place during the day so we always have the upper hand when it comes to being up to speed.

[surreyscouse]

Curiosity got the better of me and I had a little look on mcol and guess what.......................................defence entered

 

Claim Description MBNA

Claim Number 6QZ36695

Status of this Claim Defence

 

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

 

 

 

Spoke to mcol and the defence was submitted yesterday. Quite impressivley they have submitted it to my local court so well happy with that. So it seems they want to go all the way at the moment (can't wait to meet you guys, i know you're looking).

 

So anyway, in the next few days I should receive a copy of their defence which from what i can gather was submitted prior to my fax so the fax doesn't really matter now anyway. I will post back a court date as and when i receive it but will obviously let you know what their defence is when I receive it.

 

you guys might think I am upset about this but I really cannot wait to see these clowns in court, not that I can see them sending a solicitor down for the sake of £330 ! erm newspaper reporters anybody ?

[surreyscouse]

I don't see how it can affect your ongoing claims. This is seperate. Still proceed with the claims and also do this. You will get the charges refunded no problem but the "signed agreement lottery" could get rid of the whole debt.

 

If in doubt then don't do it, but remember, I have already had my charges refunded, issued a summons for DPA breach and I am more than happy to do this as well !

[surreyscouse]

Stu,

 

Good on you for voicing your opinions. As I say, if you are in any doubt then don't do this.

 

Plain and simple in my eyes though, no agreement, no debt.

 

MBNA have given me untold amounts of grief over the years, now I am in a position to give them some back. some of the other people on here have suffered a lot worse than me. I mean, 5 calls a day, 20 calls over a 2 day period, do you think that is fair ? Nah, thought not. We are actually treating them a lot better than they have treated us over time by writing to them and allowing them to hide behind a letter as opposed to having to speak to us consistantly.

 

As for the credit card fraud, what are we doing wrong ? We are simply asking for a copy of our credit agreements. What we do when they do or don't send them to us is at our discretion. Initially, our aim is to cause a little bit of havoc in their offices by putting a load of requests in at the same time.

 

Your comments do not make you unpopular in my eyes, valid observation i suppose but i do not think they could impose any kind of fraud charge against us without the signed agreement and besides, it would cost them more than most of our credit limits to take us to court, in my case less than £5k which they wouldn't be able to recover.

 

As I say, if you are unsure then don't do it, but we are doing nothing wrong in asking for a copy of our signed agreements.

[surreyscouse]

Good words Worz.

 

Only thing that I would add from a personal point of view is that if there is no credit agreement then I shouldn't have paid them a penny. In which case, I would be inclined to get back every penny that I paid them over the past 5 years. Not suggesting everybody should do this but I will make their life hell if they don't have the agreement

[surreyscouse]

Pm received and replied to Worz.

 

Obviously the only reason I have paid MBNA is because they constantly called me and intimidated me threatening to mess up my credit file. need mortgage, car etc so couldn't risk it. Possibly a bit heavy !

 

As I say, no agreement no debt. Simple !

[surreyscouse]

well well well, MBNA's defence has been received with 7 points on it. too long to write out but I'll shorten it as best I can.

 

1. I have an account with them

 

2. They admit they charged me fees and that they have credited them (£560 but not mentioned numerically). They also deny that these fees represent penalties and that they are not unfair/unenforceable

 

3. Interest calculated on those fees was £xxx.xx (approx 27.5% of £560)

 

4. Without prejudice to point 2 for some reason, they have credited my account with a further £330.00. This being the cost of my claim at £300 plus the court fee of £30. omething they have been told not to do.

 

5. Quite a bit here regarding the DPA.

 

a. I requested detail on 5th April

b. Apparently they then contacted me to check I wanted a full request and apparently I said I DID NOT. Funny, I don't recall them contacting me. In fact, apparently I only asked for transactional info and agreed to NOT making a full dpa request. That is all lies, I never agreed to that.

c. 2 copies of my statements were unavailable but transaction details were sent. Very well, they did send transactions, but check your records boys, it was 7 statements that were missing

d. MBNA is not aware of any formal request for a copy of the signed credit agreement under DPA. Not yet you are not !

 

6. MBNA denies being in breach of DPA, well of course they would.

 

7. MBNA also denies that I have suffered distress and I am not entitled to damages

 

 

Quite a defence for £300 if you ask me. So here is what happens next.

 

I called Michael Rhodes office on Friday afternoon and spoke to a pleasant young lady and said I wanted to speak to Gareth Tunniclife. Was told he is out today and he'll call Monday. No phone call so far though.

 

Basically, they have done exactly what I told them not to do. They have credited the account. So, they can uncredit the account and send me the cheque or I will see them in court. They will do exactly as I say.

 

Also, they can credit my account with the interestas that shouldn't be on there either. also, they provide no evidence or calculation on the interest so how do I know if this is correct ?

 

So they think they can just credit my account and I'll go away, wrong, this is going down to the wire my friends !

[surreyscouse]

requested the cheque by fax, I have absolutely everything in writing, probably more than what they have kept so well sorted on that point.

 

They are just trying it on.

 

On a side note, I called them up, no number to hand and only one I can remember is Michael Rhodes so I called that. His pa was at lunch and the man himself picked it up. Totally flumexed, I missed a prime opportunity to tell him exactly how crap his company is, he didn't know who Gareth was so presumably he just numbers his staff. Damn, gutted I missed out.

[surreyscouse]

I think it is true they were out. Apparently Wednesday, thursday and Friday.

 

Anyway, I have just had a cal back from Gareth. nice lad, always stressing that they are trying to help me (I think he genuinly is). Anyway, upshot is that they will now send me the £330 and then I can pay them back my monthly payment. I have suggested that he just makes 2 cheques out. One for them for the payment and the other to me for the difference and he is gonna come back to me on this.

 

He also stated that fees have been supressed on the account until end of August. I kinda suspected that as there weren't any on my last statement. This is so as not to further muddy the waters whilst everything else gets sorted.

 

Anyway, just waiting for Gareth to call back and we should be all done then, unless I have forgotten anything ?