MBNA - any ideas what next?

[maxsmum]

I received a response from MBNA to my CCA request sent on Nov 9th.

 

Their letter states:

 

Thank you for your recent request, I can confirm the following are enclosed:

* Copy of the original Credit Card Application

* Terms and Conditions

* Recent Statement of Account.

 

The following documents were enclosed:

 

Financial & Related Conditions. (they 'blacked' out the top and bottom part)

 

 

Signature Form (they blacked out the top and bottom, I 'pinked' out my address and signature - yes it is my signature and written date)

 

 

Then 4 forms which make up the Credit Card Agreement Regulated by the consumer credit act 1974

 

I do NOT recall ever seeing this agreement before

 

 

Is this correct what they sent me?

[shane5408]

Hiya,

 

The 'signature form' as they put it is nothing more than a precontractual application form mailer, The 'financial & related conditions' do seem to contain the prescribed terms, however there is no evident link between the two documents to establish the terms are in fact within the agreement as opposed to on a separate document.

 

The further 4 forms are what i can only assume to be MBNA's way of bamboozling you with information, their sorely mistaken if they think providing heaps of t&c's on completely separate documents can be construed as compliance with the Form & Content Regulations.

 

I have seen quite a few MBNA agreements (if you can even call them that), I was in court a few months ago with a similar MBNA type agreement, the implication I get is that unless they can provide the original agreement with the financial & related conditions clearly affixed to the reverse of the 'signature form' then they haven't complied with the regulations.

 

It's interesting to see that they blacked out certain bits, no doubt to maintain the illusion they have sent a correct agreement, if memory serves correctly above the singature from part they blacked out it has various offers and clearly states it is an application form!

 

 

kind regards,

shane

 

 

____________________________________________

All advice is offered freely & without prejudice

 

If my post has been useful to you please click the scales

[Slartibartfast]

Almost exactly what I received apart from the signature bit.

Will be following you here.

[Having_A_Knightmare]

This is in contravention of The Consumer Credit (Agreements) Regulations 1983. I would also like to refer to Wilson & Anr v Hurstanger Ltd [2007] EWCA Civ 299

33. In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under section 61 singlthat all the terms should be in a single document, and backed up by the provisions of section 127 (3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the minimum terms) are to be found in Schedule 1.

According to the above its not enforcable

HAK

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

http://www.consumeractiongroup.c o....i-dummies.html

 

If I have helped please give the scales a press.

[ScarletPimpernel]

If you query this, or tell them it doesn't comply, MBNA have a template letter which explains that they send the latest Ts&Cs so you won't be confused about why you apparently owe them so much money. Just in case that's not enough, they then waffle about card mailers constituting an agreement.

 

As HAK points out, what they've sent out is not enforceable.

 

MBNA rarely seem to enforce debts using the agreements in which they are so confident. Funny, that.

[maxsmum]

Thanks for that, is there any template I can use to send them a letter back?

[maxsmum]

Following on from my thread from yesterday http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/121580-received-cca-request-mbna.html

 

and from the other day

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/121308-mbna-i-need-serious.html

 

MBNA have sent me another letter which I received this morning...

 

It goes:

 

A DEFAULT is due to register for SIX YEARS on your credit file in the next few days in relation to the above account. This will seriously affect your ability to gain ANY form of credit in the future.

 

When the Default is registered, the balance on your account is SOLD to a Third Party.

 

This means that:

 

1. You will no longer be a Customer of MBNA

2. The responsibility for recovery of the outstanding balance will be solely that of the Third Party

3. The default registered against you will be transferred into the name of the Third Party

4. The Third Party will take actions they deem appropriate to recover the full outstanding balance.

 

To prevent this from happening, you must make an IMMEDIATE PAYMENT of £6.30 by debit card payment today. Please call 01244 674663 to clear your outstanding arrears and discuss your repayments.

 

Please contact one of our account managers immediately. They will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

Yours sincerely

 

 

 

 

 

Any ideas what I do next?

[ScarletPimpernel]

Sit and wait for the next in MBNA's exciting series of threat-o-grams.

[SteveH2508]

If you are REALLY lucky they will send you a postcard or two with pretty pictures of trees on! I'm waiting for my Christmas card from them (BTW they are NOT on my Christmas card list!)

 

Seriously though - I've been getting those and other threat-o-grams for nearly 6 months now. No default as yet...

[maxsmum]

I had the card earlier this week! So I am lucky!!

[alfwithhair]

Following on from my thread from yesterday http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/121580-received-cca-request-mbna.html

 

and from the other day

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/121308-mbna-i-need-serious.html

 

MBNA have sent me another letter which I received this morning...

 

It goes:

 

A DEFAULT is due to register for SIX YEARS on your credit file in the next few days in relation to the above account. This will seriously affect your ability to gain ANY form of credit in the future.

 

When the Default is registered, the balance on your account is SOLD to a Third Party.

 

This means that:

 

1. You will no longer be a Customer of MBNA

2. The responsibility for recovery of the outstanding balance will be solely that of the Third Party

3. The default registered against you will be transferred into the name of the Third Party

4. The Third Party will take actions they deem appropriate to recover the full outstanding balance.

 

To prevent this from happening, you must make an IMMEDIATE PAYMENT of £6.30 by debit card payment today. Please call 01244 674663 to clear your outstanding arrears and discuss your repayments.

 

Please contact one of our account managers immediately. They will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

Yours sincerely

 

 

 

 

 

Any ideas what I do next?

 

Snap, I received exactly the same letter from the idiots this morning.

File under ignore and wait.

[SteveH2508]

Sounds to me like they are squaring up to a few of us. Oy! you daft b*ggers at Chester - you really do not want to do this! It's gonna cost ya!

[maxsmum]

Is any of your correspondence coming from them postmakered in Eire?

[ScarletPimpernel]

Yes - they have offices there. I also received a silly email from the Irish office - anything from an MBNA address now gets bounced back.

[maxsmum]

After nearly 3 months of battles and them ignoring my emails, letters and faxes, I received this email from them this morning:

 

Mrs Maxmum

Thank you for your letter, can you please forward the £13.25 as promised in

that letter.

If it is received on your account by the 29th we can continue with the interest free

arrangement otherwise the account will default. Please remember to allow 3 working

days for it to hit the account if paying by cash.

Yours Sincerely,

J.P Connelly, MBNA

 

I have replied to them:

 

Many thanks for your email.

 

Please be aware that I have always paid by Standing Order which goes out of my account on the 6th of each month. This is how my payment is set up and was agreed in the past. I trust we can continue this agreement.

 

Can I also please ask to send future emails to: [email protected] and not my work email as this was classed as 'spam' and therefore would potentially be overlooked.

 

Many thanks

 

 

Sooo, I read his email that they have accepted my reduced payments...would you agree?

[spamheed]

It would certainly appear so, they are saying if you pay £xx by [date] we can (not will) continue with the terms agreed, I would get written confirmation of their agreement to your amendment of the due date and whether they constitute this as an agreement.

[tooth_fairy]

Looks like it, remember to print a copy for your records if you haven't already done so.

[maxsmum]

Looks like it, remember to print a copy for your records if you haven't already done so.

 

 

First thing I did! I am getting wise to this now. I wished I had discovered this forum a long time ago, might have saved me getting ulcurated colitis from stress.

 

We live and learn!

[maxsmum]

I have a outstanding debt with MBNA which they agreed to have paid by reduced payments which I have kept up.

 

This morning I received 2 letters from Debt Clear Recoveries & Investigations Ltd addressed from a PO Box in Manchester telling me that they now own the debt and I need to contact them.

 

They also state that future payments have to be made to them.

 

I have a SO that goes to MBNA and is coming out on Tuesday and I will just pay as normal I think.

 

I have CCA'd MBNA a while back and posted the copies of letters in here (I can't find the old thread) plus I have sent a letter of complaint to MBNA which they are investigating (this was about them not replying to any of my faxes, letters or emails plus to stop the herassment calls)

 

What should I do next?

 

Help!!

[Curlyben]

Until you hear otherwise from MBNA ignore DCRI as they seem to be phishing.

 

IF they come back with anything more concrete then we'll tackle them.

 

Of course, DON'T call them at all, and if you answer the phone to them refuse to answer their security questions.

[maxsmum]

I have been battling with MBNA for a long time now, I cca'd them at the end of last year, which I posted on here. Wasn't clear if the debt was enforcable or not from what they sent me. (I can't find the old thread to link in here)

 

In the beginning of January I received a letter from Debt Clear & Recoveries saying they now had the debt and it is not with MBNA anymore. MBNA sent me a letter confirming this. I faxed and wrote to this company (debt clear), and the letter was signed for.

I enclosed financial statement, my offer of £13.25 (which MBNA did agree too and then went back on their word). Also asked for bank account and sort code to enable to set up standing order.

 

Did not receive a response what so ever.

 

Today I receive a letter from Restons Solicitors stating they will start legal proceedings if the debt is not paid in full.

 

HELP! I feel sick with worry.

[Michael Browne]

I've asked for all your threads to be merged here.

[tomterm8]

9 threads merged and thread title changed

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far

[maxsmum]

Just had a call from my husband...MBNA have now sent me a court summons for Northampton court and paperwork to complete.

 

Need to read it all when I get home but I can not get to Northampton that's for sure!

 

And am very confused as I am keep sending letters to resolve this, but signed for mail but no-one responds to me.

 

MBNA confirmed to me on the 7th Jan 08 that they passed on my account to Debt Clear Recoveries & Investigations Ltd and that I need to contact them.

I did that, no response...then got the letter from the solicitors who I emailed and they responded:

 

We are instructed on behalf of our Client MBNA Europe Bank Limited.

 

We do not act for you and cannot therefore advise you in relation to the above numbered account.

 

Confused (and scared) or what?

[Hopeful1]

Hi Maxsmum.

 

When you get home type up the particulars of the claim so that further advice can be offered. They should not being doing this without the properly executed agreement. Unfortunately the court route appears to be an easy option for many creditors at the moment.