TONKA v MBNA MONEYCLUB

[banker_rhymes_with]

Hello M1!

 

If any of these bankers start to bombard you with Telephone Calls, then send them the Telephone Harassment Letter as well, a Copy to every one of them would not do any harm. That can be found here...

 

Telephone Harassment Letter

 

They'll probably Call you anyway but, if it gets silly, sending that means you are building a Case that may one Day allow you to ask them for Compensation for Harassing you.

 

It's part of your Defence Against the Black Arts. Then when the Phone Rings and it's Threats-R-Us, you can think of it more as a Cash Register Ker-Ching noise meaning more Money in the Piggy Bank one day!

 

When they Call, either Ignore them or, if you can, Record the Calls. If you do not want to speak to them, but do not have a Phone that shows you who is Calling, then just answer all Calls by saying "Who is Calling Please". You ask them all the questions, never give anything to them. Don't answer any Security Questions, and once you know who was Calling, hang up. You only need to know for your Call Log after all. Don't be tricked by anyone Calling until you know who they are for certain.

 

Also, do not Call them, ever. They will only try to bully or try to smooth talk you into some arrangement that suits them. No matter how nice or reasonable they sound, nothing they do will be for your benefit.

 

Get a File for every one of them, and also draw up a Calendar so that you can see what was sent when, and which one should respond by what Date.

 

Remember that the s77-79 Consumer Credit Act 1974 (CCA-74) Agreement Copy request deadline is 12 Working Days (Mon-Fri Count, Sat/Sun and Bank Holidays don't Count), and then a Calendar Month (approx 30 normal Days, not Working Days).

 

The Subject Access Request (S.A.R.) Deadline is 40 Calendar Days. That one is just to get as much bumf from them as you can. Check all of the various SAR Letters, as you may want to make sure you get absolutely everything from them, or you may want some to just go through the motions. No point asking them to dig deep only to come up with something against you! It all depends on your own Strategy and situation.

 

It's often not a bad idea to NOT mention Deadlines. Don't help them to do their job. Let them blow the Deadlines, as that's always better for you than helping them via reminder. However, the CCA Request 12 Working Day Deadline is important, as that one allows you to Stop Paying them if no Agreement is produced. No Agreement means the alleged Account is firmly in Dispute

 

The Letter from MBNA is just hot air at the moment. Keep things in Writing from now on, and watch the Deadlines.

 

Stay polite, keep your Letters clinical and tidy so that a Judge can see you have not been rude at any stage. Just an honest person trying to see what Agreements you are bound to.

 

If they knee-jerk straight into threats, it may be a good sign that they know they have no Agreement. The nastier they get the earlier, the more likely they know time is running out to extract money from you.

 

However, if an Agreement does arrive that is Enforceable, then you need to look at things like Penalty Charges and if any have PPI on them that was mis-sold.

 

Start planning on what to do if they have or don't have an Agreement. Many do, so don't assume all have lost their Paperwork (or never had it in the first place)!

 

Good luck, stay organised, and stay happy.

 

Cheers,

BRW

[banker_rhymes_with]

Hello M1!

 

Similar sort of volumes to me. I have sent them the Telephone Harassment Letter, and have been logging Calls and Messages now for a while.

 

I never answer any Calls unless I know and like who is Calling, and will never answer Calls if the CLI is hidden.

 

When ever I have cause to write to them, they also get reminded about the Telephone Harassment, just so that it is always mentioned and I have a long Audit of my Complaints, and all in Writing.

 

I will also complain to the I.C.O. (Information Commissioners Office), and may well get the Police involved as well.

 

The key is to send them the main Harassment Letter, and keep reminding them of this at every opportunity. One day, you can stuff them with this, and/or get some Compensation.

 

When you receive any Letters from bankers, keep the Envelope, and look for any Franking or Postage Date marks, as I am sure they back-date Letters to try and sneak under the Deadlines.

 

When the Agreements start coming in, see if you can post them on CAG to let people check them out for you. Many eyes see the errors that one set of eyes may miss!

 

Good luck with your battle.

 

Cheers,

BRW

[banker_rhymes_with]

Hello M1!

 

MBNA have loads of "Heads", but just the one very overworked Brain Cell.

 

Cheers,

BRW

[banker_rhymes_with]

Hello M1!

 

I have had three "Agreements" back so far, just holding off posting them as I'm close to getting all of the requests into the first s77-79 request 12 Working Day Default position for either not responding or for sending me the usual rubbish of an Application Form (with no Prescribed Terms), Current 2008 Terms and a Recent Statement.

 

The dilemma is that I know they will all be watching CAG, so I'm just holding off posting more details until I have them in clear Default and each Account into Dispute. I may need to leave some of this off CAG until I have them into the +30 Day Criminal Default.

 

As others have pointed out, it's often not in your own favour to remind these bankers of the Deadlines, let them blow as many as possible, as then you are dealing with each of them already on their back foot. I make no moral judgement here about Debt, this is simply me outlining the Tactics I would recommend for anyone locking horns with a bank.

 

I am starting all of my various battles by firstly establishing what Agreement they hold, if any. Others must adopt an alternative Strategy, depending on their own situation. But I think it is key in most cases to see exactly what Agreement they hold over you.

 

These people are quite capable of looking after themselves, so I have no sympathy for them. Their actions in adopting Tactics such as Telephone Harassment should be remembered by all that these people have to be dealt with firmly, and using any Legal and ethical tool at your disposal.

 

So far, I have Signed Deliveries for my S77-79 requests, then often no proper response from the bankers, then Signed Delivery of me advising them the alleged Account is in Dispute and they are in Default of my s77-79 request. That's two Key Letters nailed down by Date.

 

These are minor victories, but are already showing an Audit Trail that shows the pattern of events clearly. I feel the first step is the 12 Working Day threshold for the s77-79 request. Once that has been nailed, anything nasty that they do thereafter, allows me to point back to my Letters that firmly placed the alleged Account into Dispute and s77-79 Default. Same Letters also makes it clear that without an Agreement, they must stop processing my Data...and also keep reminding them to stop Telephone Harassment too!

 

It won't stop them Defaulting or continuing to leave nasty feedback with Credit Reference Agencies (CRA), and won't stop them Selling an Account to a Debt Collecting Agency (DCA), but it gives me something to use to prove that they should not have done so, and/or were not entitled to Default or Sell the Account (whilst in Default of a s77-79 request).

 

Next Phase after that is to argue the validity or absense of any Agreements, and preferably stretch that out for the next 30 Days to get them into Criminal Default of the original s77-79 request. They know the rules, it's not for me to spell it out for them.

 

I'm keeping the Subject Access Requests (S.A.R.) back at the moment, as these can be fired off when needed. Also, the S.A.R.s will then cover any messing around they do when handling the s77-79 requests, as that will fall within the scope of the S.A.R. and may provide some additional evidence to support any Defence or Attack strategy.

 

These people know the rules, and know the timescales, so they only have themselves to blame if they cannot get their act together within the 12 Working Days + 30 Days limit...with some allowance for Postage.

 

Talking of Postage, be aware that I am sure these bankers push the limits of what they are allowed to get away with. Some Letters are coming in very late, but Dated up to 7-10 Days before Delivery. Some have Postage and Franking Marks that suggest they were only Posted a short while ago, i.e. long after the Date of the Letter.

 

This suggests they are either very inefficient, or may be back-dating some Letters to sneak within a Deadline.

 

My advice therefore is to save all Envelopes from now on, and keep them with the Letters they contained, as it may show a pattern of Letter Date manipulation. In Court, if they say they complied by such and such a Date, I may be able to shoot that down by saying "then how come the Envelope was Franked 3 Days after the Deadline, and the Letter Delivered 2 Days after that?"

 

I do hope this helps.

 

Cheers,

BRW

[banker_rhymes_with]

Hello M1 PLG!

 

Check the Signature Dates as well.

 

Does theirs Pre-Date yours? By that, did it arrive already Signed by them, and Dated before you Signed it.

 

If so, then there may be issues with them needing to send you a Copy of the Agreement and a Cancellation Notice.

 

From the Consumer Credit Act 1974 Section 63:

 

63.

Duty to supply copy of executed agreement.

— (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.

 

(2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless—

(a)

subsection (1) applies, or

 

(b)

the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.

 

 

(3) In the case of a cancellable agreement, a copy under subsection (2) must be sent by post.

 

(4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.

 

(5) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

From the Consumer Credit Act 1974 Section 64:

 

64.

Duty to give notice of cancellation rights.

— (1) In the case of a cancellable agreement, a notice in the prescribed form indicating the right of the debtor or hirer to cancel the agreement, how and when that right is exercisable, and the name and address of a person to whom notice of cancellation may be given,—

(a)

must be included in every copy given to the debtor or hirer under section 62 or 63, and

 

(b)

except where section 63(2) applied, must also be sent by post to the debtor or hirer within the seven days following the making of the agreement.

 

From the Consumer Credit Act 1974 Section 127:

 

(4) The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—

(a)

a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or

 

(b)

section 64(1) was not complied with.

 

 

I believe some MBNA Loans have been shot out of the Water on this, as have other Loans where they pre-signed the Loan and didn't follow up with the Copy of the Agreement and/or a Cancellation Notice.

 

I believe they need to prove they did, and there is some Case Law to support this. Can't find it, but will update if I do.

 

I hope this helps.

 

Cheers,

BRW

[banker_rhymes_with]

Hello Fred!

 

I bet you a Pint there's an issue with the Signature Dates!

 

I suspect this arrived with their Signature and Date already on it.

 

Let's hope so for M1's sake anyway.

 

Cheers,

BRW

[banker_rhymes_with]

Hello All!

 

I think post #9 is a contract at least obliging fred to buy BRW a beer

 

Perhaps a Mod could have a look, but I think it's got all the right terms, and it's Enforceable. Sorry Fred!

 

Cheers,

BRW

[banker_rhymes_with]

Hello Steven!

 

Ah, I see you are a Mod!

 

Cheers,

BRW

[banker_rhymes_with]

Hello All!

 

Wow..back up there!

 

I meant the Agreement for the Pint that Fred owes me!

 

Fred owes me a Pint, and the MBNA Loan Agreement looks OK, but the Dates are backasswards, so that opens up a Can of Worms for the MBNA!

 

Phew, panic over!

 

Cheers,

BRW

[banker_rhymes_with]

Hello All!

 

I've been a mod for over a week - do try and keep up

 

Sorry boss! I was day-dreaming! A belated well done!

 

Looks like we may have M1 off to a better start on this one. Looked a bit Doom and Gloom at first sight of that Agreement. But I think the Signature Dates open up a big gap to investigate.

 

I was reading another Thread, and someone was in a similar position, and when they requested their Agreement, MBNA offered them a low 50% approx settlement out of the blue. I can't remember who now, but my interest was alerted, as the same issues may well apply to me.

 

This suggested they knew they had a problem before it was pointed out to them, and were trying to entice a last ditch payment out of the borrower while they still had a chance.

 

I'll try and see which Thread it was, and post a Link here for M1 to investigate further.

 

Ah...I've remembered, it was Davefirewalker. It's something he mentioned in that L-O-N-G thread of his (CCA's and Dave against the world !!!).

 

M1, check that Thread out, the part you need is towards the front. The Thread gets a little detailed later about other issues, and the MBNA Loan issue is mentioned fairly early. It's a Long Thread, and I regret I have not made a note of the exact Post. But I did note what Davefirewalker said:

 

Very strange thing happened this morning.......

 

Out of the blue came a letter from MBNA !

 

they are offering to settle the debt for half the amount owing ???

 

I havent been in contact with them at all other than to request my cca and a full S.A.R - (Subject Access Request).

 

do you think they are worried about anything?

 

Dave

 

Dave doesn't say much more about the MBNA Loan issue after that, so whilst the Thread makes good reading, if you are pressed for time, I can say you can stop reading once you get to the above extract, as after that, Dave's Thread seems to concentrate on other battles.

 

Have a good Weekend all.

 

Now, Fred, about that Pint!

 

Cheers,

BRW

[banker_rhymes_with]

Hello M1!

 

BRW could you pop over to the Lloyds site i have a CCA that needs

looking at...

 

 

No problem, will do.

 

I'm still learning, so am by no means an expert. But if I can help at all, be glad to do so.

 

The more eyes to look at these things the better, as between us, someone can often spot a way to help that was overlooked at first sight.

 

Cheers,

BRW

[banker_rhymes_with]

Hello M1!

 

If this is the same one that is shown on Post #1, that one does look reasonably clear, albeit that the writing is small and not easy to read. If it can be read, then they are OK on the "Readily Legible" issue.

 

But if the Signature Dates are such that they pre-signed it before you, i.e. it arrived already Dated and Signed, then my comments in Post #4 should still apply.

 

I believe you mentioned the Signature Dates were signed Them then You...

 

i signed 21.03

They signed 18.03

 

 

If you check out Davefirewalker's long Thread...

 

CCA's and Dave against the world !!!

 

Dave was in a similar position I think, and the MBNA offered him a 50% reduction in the Loan Balance out of the blue. He had, at that stage, only asked for a Copy of his Agreement via S77, and an S.A.R - (Subject Access Request). For them to do this out of the blue, suggests they already knew they had messed up in some fundamental way.

 

If you can, try to get one of the CAG Legal bods to review, as I have yet to see how far I can go with this myself. Thus far, my comments at Post #4 are what I have researched about this, both here on CAG and via the Web.

 

I think you may be wise to spend £10 and submit a Subject Access Request to them, as that may add additional background to see what they think they did send to you after the Agreement was Executed. However, whatever they think they sent, I believe the Law requires that they must also be able to verify that they complied with their obligations.

 

As I understand it, as it was a Cancellable Agreement, they had 7 Days after Execution to Send you a Copy of the Agreement along with a Cancellation Notice. Failure to do this, means a Court cannot Enforce the Agreement under s65(1) because s127(4) doesn't allow them to if they failed to comply as required.

 

This is my own interpretation, perhaps others can take a look and comment on this.

 

Cheers,

BRW

[banker_rhymes_with]

Hello All!

 

The Terms seem to jump from 3B to what looks like the latter part of 5A, as there's some Text before you get to 5B. There's a bunch of stuff missing from 3B until 5B, although there is the tail end of what must be 5A (otherwise why is there a 5B).

 

Plus the Terms from ...5B onwards are on suspiciously clean Sheets of what looks like A4 Paper. None of that seems to relate to the first two Crabby Pages which look to be from an Application Form mailer folded many times.

 

My guess is they have a Scan of the Page you Signed, then a Scan of another Page that, as Rory32 has pointed out, seems to have wacky References that do not relate, then they have just Copied further Terms from some other Document.

 

The key will be to work out if the first two Pages come from the same Document and, between them, does the 1st/2nd Page have ALL of the Prescribed Terms.

 

If one is missing and contained on the "Clean Sheets", then I would suggest this is not Enforceable as at least one Prescribed Term is missing from the "Four Corners" of the Agreement Document...possibly all may be missing if Page 2 is not part of the same Document as Page 1.

 

Page 1 does not seem to have any Prescribed Terms.

 

If all they have is a Scan of 1 and 2, then I think they could well have a hard time making this one Stick as being an Enforceable Agreement.

 

Hope this helps.

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

I regret it looks to be Enforceable, but I'll have another look in the Cold Light of Day.

 

I think the Prescribed Terms are all there, but does it have your Name/Address and both your Signature and theirs?

 

Others may spot something I've missed.

 

Sorry this is not better news, so far!

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99

 

yes ive signed it but dont see they have ,all there

is at the top left hand corner is someones name , its not in a box or

anything which says on behalf of mbna

 

So it may be improperly executed, which is better than nothing!

 

Yes, hit them with a Subject Access Request, £10 Fee and send that Special Delivery. 40 Calendar Days to Respond.

 

There are some good Template Letters for the S.A.R - (Subject Access Request) on CAG, as you may wish to send them a general one, or an onerous one that demands every last scrap of detail. You need to think about what you want back from this, and send them the SAR Letter that is appropriate.

 

If you think they may have additional things like Telephone Call Logs that could support a Harassment Claim, or Counter-Claim, then make sure your SAR Letter asks for any such detail. Sometimes you need to spell out what you need, even though they ought to send you the lot.

 

Many bankers will just send you the minimum, unless you make it quite clear, in Tiny Tot language, what you must have.

 

I hope this helps.

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

If you look at box 3and 4 i wish to purchase PPC there is no signature

 

I'd say that is a good starting point for seeking a refund of any PPI Paid, and/or a very valid reason to Dispute any Amount owed should they seek to Default you and take related action.

 

If nothing else, I think you can Dispute and/or Re-Claim the PPI. Plan when to do this, as I know they are circling around you at the moment, so you need to plan how best to tackle this given the wider picture.

 

the same name is in the top left hand corner i reckon

its the chap who did the cca,s as it seems to be on all of them

 

Yes, I spotted that too, and thought for a second that I was just looking at one of your other Agreements again! The name could well be that of the person tasked to collate your CCAs, or could be the person who is collating your Subject Access Request. But it could also happen to be the person who just happened to process several of your Documents as, despite their size, the same small group of people will tend to handle the same task. The bulk of their Staff are almost certainly in the Selling and the Threats-R-Us Departments.

 

Does anyone know when exactly the £12.00 charges came into play

as this card was taken out in feb 06

 

I think it can vary from bank to bank, but I believe the MBNA started to adopt the £12 from the latter part of 2006, could even be 2007, although they could've had several introduction times, as they handle so many Cards on behalf of other groups. I don't know if they elected to set all at £12 on the same date. However, I think it was late 2006 at the earliest before they started to drop the Penalty Charges to £12.

 

My own MBNA Card shows the first £12 Penalty charged in August 2006, but the last one (£25) before that was many Months before, so it's not necessarily a very accurate guide. I had no need for any Charges for most of 2006, so they could've introduced the £12 earlier.

 

If/when you get your S.A.R - (Subject Access Request) back, look at the Statements, and see if you can see when Penalty Charges dropped from the older levels (£25 I think), to £12. That should pin-point it reasonably accurately.

 

Also on the statement sent with this it says Delinqent account ppc suspended

 

I believe there is a clause in many PPI Policies that the cover is voided after so many missed Payments. That could be what this is saying. But if you never asked for PPI, then taking it away from you is just an issue to note in the wider claim/fight.

 

If you never asked for PPI, but they still charged it, and you later struggled to Pay that alleged Debt, then it's clear you can argue that the alleged Account only started to hit the buffers as you were short of money because they had been charging you all of this extra for PPI that you never wanted in the first place!

 

They took your money, and so deprived you of money you needed later that could've been used to keep the alleged Account in good/better standing.

 

It's an important point. Sometimes a straight refund of what they took doesn't address the issue. Paying you back ONLY what was taken that should not have been taken, doesn't help you to put that same alleged Account back into good standing. I bet they added Penalty Interest as well, i.e. miss Payments and/or be late on Payments, and I bet you'll see at least one Card Rate increase during that time. I also bet it wasn't 1-2% but a massive hike of between 7% and 10%.

 

This table may help you to spot if they raised your Rate, and by how much. Examine every statement, and see if/when the Rate changed:

 

1.3852% Monthly = 17.95% Annual

1.4566% Monthly = 18.95% Annual

1.8735% Monthly = 24.95% Annual

2.5292% Monthly = 34.95% Annual

 

Even if they Pay back the PPI, that doesn't reverse the excess Penalty Interest. You're still left with that higher Debt than would otherwise have been the case had they not taken money in the form of PPI Fees.

 

I bet the Card is sitting at a higher Rate now than it should've been had you had more money when needed to avoid that Rate Rise from being imposed.

 

If you see my point, I feel that when you ask for the PPI Refund, you must also request a reduction of the Interest Rate back to where it was before the alleged Account ran into problems. This is because it ran into problems as you had less money to maintain it, as they were taking it from you to Pay the PPI that you never requested.

 

The PPI should be refunded, any Penalty Charges should be Refunded, any Excess Interest should be Refunded (the difference between the original Card Rate and any later increased Rate), and the Card should be put back to the same position as it would've been had the PPI not been taken.

 

So, if you started with a Rate of, say, 18%, and it's now 35%, then you want all of the above back, and the Card Rate reduced back to 18%.

 

Seems only reasonable to me. Thus, make sure that any PPI Refund Claim covers all of these issues.

 

Hope this helps.

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

I'd go with Steven. It's not long now to go, and your position improves once they slide over that last +30 Day Threshold.

 

Remember to keep all banking Envelopes, as something may arrive several Days past the Deadline, with a Letter dated before the Deadline.

 

It'll be back-dated, so the Envelope may help you to prove that if it has a Dated Franking mark, or if I can work out how to read those pesky Orange Barcodes.

 

Enjoy the Weekend, looks like a blinding one on the Weather front...Sunshine at last!

 

Cheers,

BRW

[banker_rhymes_with]

Hello All!

 

or you could start a claim for repayment of PPI

 

And when the S.A.R - (Subject Access Request) comes back, maybe add a claim for the Refund of any Penalty Charges too that you can find, i.e. to go with the PPI Claim!

 

Or, if you have the Statements on File, then start going through them now and submit just the one larger combined Charges+PPI Refund Claim.

 

If nothing else, this could get the Balance down.

 

Cheers,

BRW

[banker_rhymes_with]

Hello Steven!

 

We intend to go for a trek over part of the West Penine moors - make use of the sunshine

 

That sounds really smart, hope you had a good time.

 

Nearest thing I've got to a holiday was sat in a Deck Chair last Weekend, clutching a Tin of Abbot, watching the Sun go down!

 

But, rewarding nevertheless.

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

Well this letter is dated 9th May it arrived today by 1st class post

 

Keep the Envelope, as it may help to show how they do like to Back-Date Letters and/or can't get their act together to Post such things in reasonable time!

 

on the other side of this there are seven steps

(1) you may not be dealing with mbna as we may sell your debt

(2) we will not be able to offer you any more deals solutions help

or advice or time. Thank F for that!

(3)your credit worthiness will be shot

(4) if we obtain a CCJ you may be forced to sell any property

(5) your creditors may petion for your bankrupty

(6) ccj wwe will tell your employer to take from your wages

(7) if we obtain a ccj baillifs may be paying you a visit to seize

your goods they will add fees to your overall debt.

 

The bits above in MBNA Pink Pig Colour are to show that it's really a lot of Ifs and smelly MBNA Butts!

 

The bits in Purple are less polite, and are boardering on Threats, no, they are Threats, but not Legal ones. I think those fly in the face of OFT Debt Collection Guidelines.

 

Over the page it tells you that 72mths or 312 weeks 6 years without credit just think how you will manage call us now

 

Without their help, I would think you will manage a damned sight better!

 

As Steven says, maybe just sit back on this one and wait for them to take you to Court. Apart from the Penalty Charges, you also have the issue of Signature Dates and Cancellation Notices that could also stuff them as well.

 

If you've been following the Signature Thread below:

 

Does it matter when the creditor signs an agreement and do they have to send a copy to the debtor?

 

Davefirewalker has popped in to say something interesting for you!

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

date on letter 9th may got it today 1st class

 

As with the other Letter in the other Thread, keep the Envelope, as it may show when they did Post it, and/or will show what Inefficient T*ssers they are.

 

The rest sounds like a bit of hot air, but if they are going to Sell, that may be a good thing. Next will be a DCA, and you can then start on them with a CCA Request and also say in Dispute etc, so should not have been Sold.

 

The CCA Request is not really needed, but it has to be worth £1 to put them onto their back foot the moment they appear.

 

I will have to go off for my Beauty Sleep now! Wife says that is still not working!

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

They seem to send Good-Cop Bad-Cop Letters, look at the Letterheads, and I bet that when they are being nice, it'll be one Letterhead style, when they are being snotty, it'll be another Letterhead style.

 

I think it's all churned out by the same Threats-R-Us machine, so remember the Robot is behind both.

 

It hopes that by alternating the level of Threats, it may catch you one way if not the other.

 

Good-Cop: you are so relieved at them being nice, you knee-jerk out a Payment!

 

Bad-Cop: you are so scared at them being nasty, you knee-jerk out a Payment!

 

File both under Harassment.

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

File it under Harrasment (Letters).

 

It's another Threats-R-Us attempt.

 

Note the following tell-tale signs of a worthless Threatogram:

 

"This is not a Court Document"

 

Means: we're only threatening, please don't jump the gun and hit us back with any CPR Requests, pretty please.

 

"This is a Notice of Potential Court Action"

 

Means: potential, as in a definite maybe.

 

Then it gets down to the real point, and that's your Debit Card! You don't think they have forgotten all about that!

 

After that, you will see FOUR+ examples of them using the word "may".

 

Just file it!

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

Did they add the Zeros?

 

If so, sounds like a bargain not to be missed!

 

Otherwise, if no Agreement, just file it under Harassment for now.

 

Cheers,

BRW

[banker_rhymes_with]

Hello T99!

 

They sold off one of mine, never sent me a CCA, never sent me a Default Notice...so they will be getting that back I think once a DCA appears thinking they are in with a chance for a nice slice of pie.

 

To be honest, I don't think MBNA knows what it is doing, and with the recession building, I think they are having a hard time with a large percentage of their Customers defaulting on their inflated Payments!

 

Good.

 

I hope life is unpleasant for them, and then gets worse!

 

Cheers,

BRW