MBNA/Restons CCJ/ CO

[42man]

I would send them a letter saying that PLEASE DO NOT CALL ME IN THE FUTURE - ALL CORRESPONDENCE WILL BE MADE IN WRITING - IF ANY CALLS ARE MADE TO ME THIS WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH....

[42man]

Keep the letter, if they then continue to contact you again by phone they are breaking the law !!!!

[phatram]

Told Forrester that, as I have already sent that letter, he said I was fully aware of the facts that these are telephone banking accounts and they will ring me as many times as they like.

They are not bank accounts, they are credit card accounts and that was the first I had heard of them being telephone accounts.

[pt2537]

Next time this silly person calls you,

 

Simply tell them i no longer wish to discuss this account by telephone and i request all correspondence in writing

 

then put the phone down,

 

thats all you need to do with them

[phatram]

Please follow this here.

http://www.consumeractiongroup.co.uk/forum/general-debt/122431-me-mbna-abbey-mbna.html#post1273872

[phatram]

Did you approach the FOS? I did and got fobbed off with the explanation that they're 'perfectly entitled to do this'. Bit pompous for someone who's supposed to be protecting the consumer - spoke to me as if I was a child.

 

I still think there's potential in exploring the use of this tactic as a penalty charge... what do you think?

Any ideas on the penalty charge route?

Edited March 18, 2009 by phatram

[MacBoy]

Phatram

 

Your agreement looks like it's been scanned and put through OCR (Optical Character Recognition) software. If this OCR stage is disabled (check your settings) you should be able to obtain just a 'straight' scan; and be able to closely reproduce the original image, including small print.

 

HTH

Mac

[phatram]

Sorry macboy thats far too complicated for me.

I wouldn't know where to start.

[phatram]

I've asked them to send copies I can read and that I now consider these accounts to in be in dispute as they haven't complied.

[pt2537]

thats it keep it simple, non legible document is not compliance with the cca, in particular the regulations i quoted on the other page.

 

 

keep us posted on what they have to say for themselves

[phatram]

This arrived today. Also received phone call from MBNA asking what I wanted them to do. I asked for them to simply comply with my CCA request, and that I will no longer discuss this on the phone.

MBNA Europe Bank Limited

Customer Assistance Department PO Box 30 Chester CH4 9FD

05 December 2007MBNA Europe - Credit Cards, Insurance and Business Credit Cards

 

INTENTION TO COMMENCE LEGAL PROCEEDINGS

You have not responded to our previous communication.

If you do not contact our office within seven days on 0800 028 0685 so we can set a reduced repayment plan, we will recommend that our solicitors commence legal action. This may result in the following action:

• A County Court Judgment being registered against you, this may affect your ability to obtain

future credit, or, if you are a resident in Scotland, a sheriffs court decree is entered against you

future credit applications you make elsewhere could be affected

And then one of the following actions:

• Your employer being ordered by the court to make deductions from your salary through an

Attachment of Earnings or, if you are resident in Scotland, an Earnings Arrestnient.

• A Bailiff being instructed following the issue of a Warrant of Execution to place a levy and

recover goods that you own to the value of the amount to be recovered, or , if you are a resident

in Scotland, an officer of court being instructed to execute an attachment over goods that you

own to reclaim the value of outstandings, or , if you are a resident in Northern Ireland an

Enforcement Officer being instructed to serve an Order of Seizure on you

• A Charge being placed on your property which could result in any available funds being

distributed to MBNA following the sale of your property, or if you are a resident in Scotland, an

DO NOT IGNORE this notice, contact us IMMEDIATELY.

Our specialists are available to assist you on 0800 028 0685 Monday to Thursday Sam to 9pm, Friday Sam to 7pm and Saturday 9am to 1pm.

Yours sincerely

 

Martin Supple

Head of Prc-litigation

TO MAKE A PAYMENT CALL 0800 028 0685 TO PAY WITH A DEBIT CARD.

[phatram]

I have had no further contact from MBNA until this arrived today.

MBNA Europe Bank Limited

Customer Assistance Department PO Box 30 Chester CH4 9FD

05 December 2007 MBNA Europe - Credit Cards, Insurance and Business Credit Cards

INTENTION TO COMMENCE LEGAL PROCEEDINGS

You have not responded to our previous communication.

If you do not contact our office within seven days on 0800 028 0685 so we can set a reduced repayment plan, we will recommend that our solicitors commence legal action. This may result in the following action:

• A County Court Judgment being registered against you, this may affect your ability to obtain

future credit, or, if you are a resident in Scotland, a sheriffs court decree is entered against you

future credit applications you make elsewhere could be affected

And then one of the following actions:

• Your employer being ordered by the court to make deductions from your salary through an

Attachment of Earnings or, if you are resident in Scotland, an Earnings Arrestnient.

• A Bailiff being instructed following the issue of a Warrant of Execution to place a levy and

recover goods that you own to the value of the amount to be recovered, or , if you are a resident

in Scotland, an officer of court being instructed to execute an attachment over goods that you

own to reclaim the value of outstandings, or , if you are a resident in Northern Ireland an

Enforcement Officer being instructed to serve an Order of Seizure on you

• A Charge being placed on your property which could result in any available funds being

distributed to MBNA following the sale of your property, or if you are a resident in Scotland, an

DO NOT IGNORE this notice, contact us IMMEDIATELY.

Our specialists are available to assist you on 0800 028 0685 Monday to Thursday Sam to 9pm, Friday Sam to 7pm and Saturday 9am to 1pm.

Yours sincerely

Martin Supple

Head of Prc-litigation

TO MAKE A PAYMENT CALL 0800 028 0685 TO PAY WITH A DEBIT CARD.

I have written to them to say that they have not complied with my CCA request.

[phatram]

bump

[pt2537]

well, looks a pretty standard letter, im just a little concerned that we dont have a scan of the agreement they sent merely the text printed on the thread as its a little difficult to say catergoricaly that its unenforcable without being able to view the real thing minus the personal details etc. is there any way that someoen would be able to scan this doc so we can take a look at it?

 

 

regards

paul

[phatram]

I cant read it so I 've asked them to send a copy that is legible, when that arrives I will scan and post it.

Ignore that!!!

It should've been on my husbands thread !! Sorry.

 

They have yet to send me a copy of my agreement, everything they have sent I have scanned and posted on page 1 of this thread.

[pt2537]

yeah its just the text format,thats my biggest worry. its better to look at a photobucket document than one using text

 

that said it doesnt appear from what you have is a credit agreement since your name and address is nowhere on it nor are there any signatures etc

 

as far as it goes, like i said its a standard letter so once the 12 working days plus the 30 days have expired, a call to trading standards is in order i think

 

if you do have access to a photo image scanner, it would be helpful if you could produce photo scans of what they send

 

 

regards

paul.

[ScarletPimpernel]

Now that MBNA have sent a letter stating that they intend to commence legal proceedings, why not send them Curlyben's excellent letter requesting full disclosure of documents under the CPR?

 

Since they are obliged to disclose any document that they intend to rely upon in Court, they will have to either produce a copy of the original agreement, or confirm that it does not exist, in which case they have provided you with your defence.

[phatram]

Would you please post a link to it.

Thanks

[pt2537]

Account In Dispute

 

Dear xxxx,

 

I acknowledge receipt of your notice of intended legal action sent by your company on xx/xx 2007 which was received on xx/xx2007.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

 

 

allow me

 

 

thats the letter which i believe SP is referring to

[phatram]

This has just arrived.

 

 

 

 

Abbey credit card

PO Box 30

Chester Business Park

Chester CH49FD

Telephone: 08000 683 558

 

 

 

05 December 2007

Dear Mr xxxxxxx

INTENTION TO COMMENCE LEGAL PROCEEDINGS

You have not responded to our previous communication.

If you do not contact our office within seven days on 0800 068 3558 so we can set a reduced repayment plan, we will recommend that our solicitors commence legal action. This may result in the following action:

• A County Court Judgment being registered against you, this may affect your ability

to obtain future credit, or, if you are a resident in Scotland, a sheriff's court decree

is entered against you future credit applications you make elsewhere could be

affected.

And then one of the following actions:

• Your employer being ordered by the court to make deductions from your salary

through an Attachment of Earnings or, if you are resident in Scotland, an Earnings

Arrestment.

• A Bailiff being instructed following the issue of a Warrant of Execution to place a

levy and recover goods that you own to the value of the amount to be recovered, or,

if you are a resident in Scotland, an officer of court being instructed to execute an

attachment over goods that you own to reclaim the value of outstandings, or, if you

are a resident in Northern Ireland an Enforcement Officer being instructed to serve

an Order of Seizure on you

« A Charge being placed on your property which could result in any available funds being distributed to us following the sale of your property, or if you are a resident in Scotland, an inhibition being placed on your property.

DO NOT IGNORE this notice, contact us IMMEDIATELY.

Our specialists are available to assist you on 0800 068 3558 Monday to Thursday Sam to 9pm, Friday 8am to 7pm and Saturday 9am to 1pm.

Yours sincerely

 

Martin Supple Head of Pre-litigation

TO MAKE A PAYMENT CALL 0800 068 3558 TO PAY WITH A DEBIT CARD.

The Abbey credit card is issued by MBNA Europe Bank Limited.

MBNA Europe Bank Limited is authorised and regulated in the UK by the Financial Services Authority and subscribes to The Banking Code. Registered Office: MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Chester CH4 9QQ. Registered in England Number 2783251. Abbey is a registered trademark of Abbey National pic. To improve the quality of our service, we will monitor or record some phone calls.

 

MBNA595V01/05

[phatram]

Post24 is MBNA VIRGIN

Post 25 is MBNA ABBEY

They still have not sent me legible copies of the agreements.

[42man]

As you know full well they cannot commence legal proceedings whilst a debt is in dispute....it might be wise to state that and say that they sent you an illegible CCA !!!

[phatram]

Already done that but they seem to ignore such things.

I am doing all this to be as awkward as possible after they put up my VIRGIN card interest rate to 34.9%. I am checking they have done everything properly and intend to cause them as many problems as I can.

This rate rise only happened after I successfully claimed back charges last year.

http://www.consumeractiongroup.co.uk/forum/mbna/111016-mbna-virgin-credit-card.html

I am fuming about this, its just a rip off.

Since my last victory against them, there have been a few late charges on my account so my next trick is a new SAR and also fighting the amount they say I owe them.

[phatram]

I don't believe it !!

They are still ringing me up !!!

Idiots.

Do they communicate with each other ??

[The GodMother]

Oh thats the letter alright l remember it being posted on my droyds thread.

 

I think that is why they are ignoring me.