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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
    • forget the guarantee, totally worthless, no guarantee or warranty is even worth the paper it's written on.   under the consumer rights act 2015, bensons are quite correct that outside of 6mts, it is down to the consumer to get and pay for an independent report upon any issues. this cost will be refunded upon your win.   also under CRA a 'product' should last a consummate period of time, upto 6yrs typically or even beyond, one would expect a mattress to not to have issues after a mere 10mts.    
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cca court case looming


oggy1
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hi ,

this is the last stage with MBNA as i have got my charges and ppi already paid back after 2 court cases.

 

now after putting this account into default in september 2007 they have now started to harras me about payments.

 

have a big discussion today by phone, recorded of course, and if i dont pay they are going to sebd in the dca and get their money. they disagree with me and say they have supplied the legally required documents. i did ask them to take me to court to clear this up but they have ststed they will not.

 

just need a confirmation on a few points:

 

the application was done by internet on the 10th october 2004 and they sent an applicaton form for me to sign on the 22nd october 2004.

 

they have sent the terms and conditions , which they say is the cca , 6 pages, no names or addresses and the interest rate is wrong and the charges are set at £12.00 .

there is nothing to show it is anything i signed and agreed to.

 

i am prepared to take this through the courts if they definately should have s signed agreement.

 

thanks

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bumped for you - don't know much about internet applics. but others may...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 2 weeks later...

having lots of calls from mbna and they have advised that they are going to sell the debt .

i have informed them that since september 07 this account is in dispute, after they have refused to send the cca.

i have recieved what they say is the agreement and i need just to confirm that the agreement needs the prescribed terms and my details ie name and address in the same agreement.

 

they will not take me to court, i asked them to , so i am having to take the to court now.

they have put markers on my credit file.

an answer would be great thanks.

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Hi Oggy, can you post the agreement up removing all personal details using the image hosting site photobucket? Meanwhile they should not be harassing you so send em the letter from the stickys relating to harassment. Wow fantastic you got the ppi back, you took them to court re the mis-selling, this is an issue for me too - applied to the account without agreement since the 1990's.

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here is the credit agreement this is what they have produced

 

This is a copy of your agreement for you to keep. It Includes a notice about your cancellation rights which you should read.

 

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

Your lender is MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Wrexham Road, Chester CR4 9QQ.

 

1 Key financial information

la We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know.

lb The minimum payment that you must pay by the payment due date shown on your statement each month will be as follows:

· if the balance shown on your statement is £5.00 or less, it will be the total amount of the statement balance; or

· if the balance shown on your statement is more than £5.00, it will be whichever is the least of 2.85% of the statement balance or the total of any Payment Protection Cover charges, interest, handling fees and default charges plus £5.00, provided that it will always be at least £5.00.

Information Commissioner Your Annual Percentage Rate is 27.9% APR (variable).

2 Other financial information

2a If, for example, you immediately borrow £1,500 and pay it back in 12 equal monthly instalments, your total charge for credit under

this agreement would be £209.93, not including the £1,500.

2b The interest we will charge on transactions, including for introductory promotions, will be as set out below. Note that we will not

increase any promotional rate during the promotional period, unless you do not keep to the terms and conditions. If you do not keep to

the terms and conditions, we may, at any time, totally withdraw any promotional rates which apply to your account from the day after

your last statement date and apply the standard rates shown below.

Card purchases: We will charge interest at the standard rate of 27.9% p.a. (a year).

Balance transfers: We will charge interest at the standard rate of 27.9% p.a. (a year).

Cheque transactions: We will charge interest at the standard rate of 27.9% p.a. (a year).

Cash transactions: We will charge interest at the standard rate of 27.9% p.a. (a year).

2c We will charge the following handling fees. For all balance transfers and cheque transactions, 2.98% of the amount of each

transaction (minimum £3.00). For all cash transactions, 3.00% of the amount of each transaction (minimum £3.00). There is an annual

fee of £0.00.

2d We will charge interest on handling fees, and on interest you already owe, at the rate which applies to the relevant transaction. We will

always charge interest on any annual fee, service charges and default charges at the rate which applies to card purchases. We will not

charge interest on the card purchases shown on your statement if you pay off the whole balance shown on that statement, and on the

statement before, by the date the payment is due. Otherwise, we will charge interest on all transactions, handling fees, service charges,

default charges and interest starting on the transaction date and ending on the date you pay the bill in full. We work out interest each day,

so the earlier you make a payment, the less interest you will have to pay.

2e We will add transactions to your account after the payment system under which we have issued your card lets us know about them.

We will add interest to your account on each statement date. We will add the handling fees, any annual fee, service charges and default

charges immediately.

2f We will use your payments to pay off balances at lower rates of interest before balances at higher rates of interest. This means that if

you have made a transaction at a promotional rate after your last statement date but before the date we receive your payment, we may pay

that transaction off first.

2g In working out the APR we have not taken account of any changes in interest rates or handling fees or any annual fee. We may change

these, and may also introduce new fees, by giving you notice under paragraph 11 a.

3 Key information

3a If you break this agreement, you must pay the following default charges.

· £12.00 each time that your payment has not reached your account in cleared funds by the date your payment is due.

· £12.00 each time a cheque, direct debit, a credit-card cheque or other item for payment is unpaid.

· £12.00 each time the account balance goes over your credit limit (after taking into account any items not yet shown on any statement).

· Any other losses and costs we suffer as a result of you breaking this agreement.

We will add these directly to your account. We may change the amount of these default charges by giving you notice under paragraph 11 a.

3b Details of other service charges are set out in section 4.

MISSING PAYMENTS

 

Missing payments could have severe consequences and make obtaining credit more difficult.

IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

 

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without a Court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us, or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.

THEFT, LOSS OR MISUSE OF CREDIT CARD

 

If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc.

 

YOUR RIGHT TO CANCEL

 

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking a

WRITTEN notice of cancellation to MBNA Europe Bank Limited, P0 Box 1004, Chester Business Park, Wrexham Road, Chester

CR4 9WW.

If you cancel this agreement, you will still have to repay any money lent to you. But if you repay all of it before your first payment is

due, you will not have to pay interest or other charges.

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Hello Oggy1!

 

My gut feeling is to hold fire on taking the MBNA to Court, as it seems easier to Defend than to Attack.

 

They also do not seem keen to actually go to Court, despite all the silly Threats they make. Most likely is they will Sell, and then you can see off any DCAs that appear with CCA Requests bearing in mind the new CPUTR that came into force on 26th May 2008.

 

So, my guess is your problem boils down now to two main things:

 

(1) Harassment via Telephone.

 

(2) Adverse Information against you over on the CRAs.

 

If you have not already seen it, I'd advise you to take a look at this Thread:

 

EXPERIAN... The final battle commences

 

This is because I feel your main issue is to get the adverse Information removed from the CRAs. The above could be one way.

 

The Harassment is hassle, I know, so you need to fight back against that. Log/Record all Calls, but also aim to get as many Full Names of MBNA Employees calling you as possible. The Police will take action against people, but won't against a Company. If you gather enough names, then you can point the Police towards an MBNA Director/Manager/CEO, as they can't hide behind the claim that it's just one rogue employee acting in isolation.

 

I hope this helps.

 

Cheers,

BRW

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Our customer service line 0800 015 0306

If you are phoning from overseas, please reverse the charges to +44 1244 673 101.

 

4 Other charges

4a If you ask us to provide any documents such as copies of statements, vouchers and cheques, or if you ask us to accept payment

from you other than by cheque, direct debit or payment over the counter at a bank, you may have to pay our service charges. We will

tell you about these at the time.

4b If you make a transaction in a currency other than sterling, we will change the amount into sterling at the wholesale market rate or

any rate that a government may set. We will charge a service charge (commission) of 2.75% of the value of each foreign-currency

transaction rounded up to the nearest penny. Exchange rates may change, and the exchange rate which applies on the date that you

make your transaction may not be the same as the exchange rate we use on the date that we convert the transaction charge and add the

service charge to your account. The exchange rate shown on the statement will include this service charge.

5 Keeping your account secure and loss, theft or misuse

5a You must sign your card, and make sure that each additional cardholder signs their card as soon as they receive it. You must

always make sure that you, and any additional cardholder:

· do not allow anyone else to use your card, card number, cheques or PIN, or tell another person the PIN;

· destroy the notice of the PIN after receiving it, do not keep the card and PIN together, and never write the PIN down; and

· only release the card number and security details on your account to make (or try to make) a transaction.

Sb If your card or cheque is lost or stolen or someone else finds out your PIN, or if you think your card, card number, cheque or PIN

may be misused, you must:

· call us immediately on one of the customer satisfaction numbers shown above section 4 (we have a 24-hour service) so that we can stop the card, card number, cheques and PIN;

· if we ask, write to us within seven days to confirm the loss, theft or possible misuse (the address is MBNA Europe Bank Limited, P0 Box 1004, Chester Business Park, Wrexham Road, Chester CH4 9WW); and

· stop using your PIN, card, card number and cheques immediately.

Sc If you find your card after you have reported it lost, stolen or misused, you must cut it up and tell us as soon as you can.

5d You will not be liable for any use of the card, card number, cheque or PIN by another person who does not have your permission

to use it unless:

· you, or your additional cardholder, agreed to that person having your card; or

· you, or your additional cardholder, have acted dishonestly or very negligently.

Se You must make sure that you, or your additional cardholder, report the matter to the police and, if we ask, you and your

additional cardholder must give us all the information we need to help us investigate and recover our property.

Sf We may tell law enforcement agencies any information which we reasonably believe may be relevant.

6 Using your account

6a You must make sure that any additional cardholder keeps to the conditions of this agreement. We may release any information

relating to the account to any additional cardholder. You or an additional cardholder may, at any time, have that additional

cardholder removed from your account.

6b You must not use the card, card number, cheques and PIN after this agreement ends, after the expiry date on your card, or in a

way that would mean your balance goes over your credit limit.

6c We may refuse to authorise a transaction if the relevant phone or computer link is busy. We may also refuse to authorise a

transaction or return a cheque unpaid if:

· the amount might result in your balance going over your credit limit (in deciding this, we will take into account the value of your transactions, interest, handling fees, any annual fee, default charges and service charges as well as authorised transactions we have not yet added to your account); or

· we reasonably believe that we need to do so to keep to the rules of the payment system under which we issue your card; or

· we reasonably believe that we need to do so to comply with any law or as a matter of good practice, for example by acting to prevent over indebtedness.

6d You cannot stop a cheque transaction, card purchase, cash transaction or balance transfer after it has been made.

6e You can only draw cheques in pounds sterling and you cannot use this account to pay us.

6f We may renew your card when it expires (runs out). If you ask, we may also replace a damaged card, provide further cheques,

change the card or account number, or change the PIN.

6g We may also issue a different type of card from the one you have applied for, or replace it with a different type of card (including

a card which operates under a different payment system), if:

· you ask for (or are eligible for) a different type of card;

· you are not eligible for the type of card you have applied for, or which we have issued;

· there is an organisation that backs your card, and our arrangement with that organisation has ended or is about to end; or

· we have any other valid reason, in which case we will give you that reason.

6h Cards and cheques are our property.

6i We will refund a transaction only when we are satisfied that a refund is due.

7 Statements

7a We will choose your first statement date. We will then produce your statements about one month apart. If you ask, we may

change the statement date.

7b We will send you a statement showing the payments you have made to us and all amounts we have charged to your account since

your last statement. We will do this every month, unless there have been no transactions during that period and you do not owe

anything. We will normally send the statement within three working days of the statement date.

7c You must check your statements. If any item in a statement seems wrong, you must let us know as soon as you can.

8 Paying your balance

8a The minimum payment you must make will be shown on your monthly statement. Refunds and credits will not count towards

your minimum payment unless they pay off your balance in full. We may write to you allowing you to make a reduced monthly

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· your balance goes over your credit limit;

· your card, card number, cheque or PIN. or that of an additional cardholder, is used by you or an additional cardholder, or by a person who used it with the permission of you or an additional cardholder, in a way that is not allowed; or

· there is a delay in us producing, sending or delivering your statement.

Your liability if your card is lost, stolen or misused by someone who got it without your permission or the permission of an additional

cardholder is set out in the theft, loss or misuse of credit card statement above.

8c We will add your payments to your account when they have cleared. Details of how long you should allow for your payments to

reach your account are on the back of your monthly statement.

8d Unless you have a legal right to do so, you must not hold back a payment or refuse to pay anything you owe us because of a

dispute between you (or your additional cardholder) and another person.

8e You must pay us immediately:

· any amount by which your balance goes over your credit limit;

· the value of any transaction which you have made which breaks this agreement; and

· the amount of any missed payments under this agreement.

8f You, or your legal representatives, must pay your whole balance if:

· this agreement ends;

· you fail to make a payment in frill when it is due;

· you break an important part of this agreement or repeatedly break this agreement and fail to sort the matter out;

· a bankruptcy order is made against you, or you make a voluntary arrangement with your creditors; or

· you die.

8g If we demand any payment under paragraph 8f, we will immediately let you know why.

8h You must make all payments to us in pounds sterling.

9 Stopping the card

9a If we have a valid reason (which we will tell you about), we may at any time stop, suspend or restrict any card, card number,

cheque or PIN.

9b If we stop or suspend a card, we may keep the card or (if we ask) you must cut it up.

9c You must not use the card, card number, cheques and PIN after we have stopped them, while they are suspended, or if we restrict

them.

10 Ending this agreement

lOa We may end this agreement at any time if we write to you first to tell you that we are doing so. If we have a valid reason, we may

end the agreement immediately and write to you as soon as we can afterwards, to tell you why we have done so.

lOb If we end this agreement, you must cut up all cards and unused cheques. If we ask, you must also return them to us.

lOc You may end this agreement at any time by contacting us and cutting up all cards and unused cheques.

lOd After this agreement ends, you will still be personally liable to pay all amounts which are due (or may become due) to us under

this agreement.

lOc If you end this agreement, we will cancel any Payment Protection Cover you have taken through us for this agreement.

11 Altering this agreement

ha We may decide to change any of the terms of this agreement, including interest rates, fees and charges (such as, for example,

handling fees, any annual fee and default charges), or introduce new terms. If the change benefits you, we will do it immediately and

tell you about it within 30 days. Otherwise, we will tell you at least 14 days before any increase in interest rates and at least 30 days

before any other change.

12 Changing your name or address or insurance provider

12a If you, or any additional cardholder, change your name, or if you change your address, you must let us know as soon as you can.

12b If you ask us to arrange insurance on your behalf, we will treat this as your authority to advise on, manage and cancel any

insurance policy for you and enter into a new policy with a different insurer if we consider it to be in your best interests. Before we do

this, we will tell you the terms offered for a further policy period by your current insurer, or if your current insurer no longer offers the

policy, the terms of a policy offered by the alternative insurer. Unless you tell us otherwise, the authority outlined in this paragraph

12b represents your prior request for us to transfer you to such a new policy in these circumstances. You can withdraw this prior

request at any time by writing to MBNA Insurance Services, MBNA Europe Bank Limited, Chester Business Park, Chester

CH4 9QQ.

13 Personal information

13a In sections 13 and 14,personal information means:

· information you give us or we already hold about you, including any phone number you call us from, which we may record;

· information we receive from enquiries we make so we can make a decision on your application to, or agreement with, us or any member of the MBNA Group, including information we receive from searches made by us or any member of the MBNA Group in your name with credit reference and fraud prevention agencies and insurance claim registers;

· information about any MBNA account or policy which you, or any member of your household, holds with or through us; and

· information we receive from anyone who is allowed to give us (or any member of the MBNA Group) information about you.

13b We will keep your personal information for only as long as we need to or are allowed to by law. You have certain rights to receive

a copy of the personal information we hold about you. Please write to Compliance Manager, MBNA Europe Bank Limited,

Chester Business Park, Wrexham Road, Chester CH4 9FB. We will charge you for this.

13c We will process and record your personal information, including details of your transactions, to:

· search credit reference and fraud prevention agencies’ records (including information from overseas) so we can manage your account with us and make decisions about credit, including whether to make credit available or to continue or extend your existing credit (these searches will not be seen or used by other lenders to assess your ability to get credit);

· assess any application for credit or other financial services you or any member of your household makes (we will sometimes use a credit-scoring or other automated decision-making system to do this);

· manage your accounts and policies, and make decisions on questions about any application, agreement or correspondence which you may have with us;

· carry out, monitor and analyse our business;

· contact you (unless you tell us that you prefer not to receive direct marketing) about other products and services which we consider

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· any person working for us (including any member of the MBNA Group);

· if you arrange insurance through us, that insurer;

· credit reference and fraud prevention agencies;

· any organisation which backs any of our products which you hold;

· any guarantor of any agreement between you and us;

· any payment system under which we issue your card;

· any person we transfer any of our rights or duties to under any agreement we may have with you; and

· anyone you authorise us to give personal information to.

13e So we can process, use, record and release personal information, we may pass your information outside the United Kingdom to

other countries including the United States of America. We are responsible for making sure that your personal information continues

to be protected during this type of transfer.

14 Releasing personal information to agencies

14a We will release some personal information about you to the following agencies.

· Credit reference agencies when we search their records about you. They will record details of our searches. We will also release information to credit reference agencies about any account which you hold with us or any member of the MBNA Group, including information about any payments you have missed. Information held by credit reference agencies may be linked to other people who you have a financial association with.

· Fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud, we will tell them this.

14b The credit reference and fraud prevention agencies will share search details and account information with us and other

organisations so that we and they might:

· assess applications for credit and related services, and manage accounts and insurance policies with you or members of your household;

· check your identity in compliance with money laundering law;

· prevent, detect or prosecute fraud and other crimes;

· recover and trace debts; and

· check details ofjob applicants and employees.

14c The fraud prevention agencies will share records with other organisations to help make decisions on proposals for, and claims

against, motor, household, credit, life and other insurance, for you and members of your household.

14d The credit reference and fraud prevention agencies will also use personal information for statistical analysis about credit and

insurance fraud. Please phone us on the customer satisfaction number shown at the top of these terms and conditions, if you would like

details of those credit reference and fraud prevention agencies. You have a legal right to these details.

15 General

l5aWe will monitor or record some phone calls.

15b You must send any written notice to us at the address shown in paragraph 5b. We will send any written notice or demand to you at

your last-known address. We will always treat you as having received the notice or demand at that address.

15c We may transfer our rights or duties under this agreement or arrange for any other person to carry out our rights or duties under

this agreement. You may not transfer any of your rights or duties under this agreement.

15d We will not be liable for:

· anything outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control) or any industrial action if this prevents us from providing our usual service;

· any person refusing to accept or honour (or delays in accepting or honouring) any card, card number, cheque, PIN or balance transfer; or

· any cash dispenser failing to issue cash.

We will not be liable for the way in which you are told about any refusal or delay. iSe We can delay enforcing our rights under this agreement without losing them.

1Sf If we cannot enforce any condition under this agreement, it will not affect any of the other conditions in this agreement.

15g This agreement is governed by the law of England and Wales.

16 Definitions

In this agreement, the following words and phrases in italic have the meanings shown next to them. additional cardholder a person you ask us to issue a card to, or to provide cheques to, for them to use on this account. annual fee a fee which we may charge each year for running your account.

balance transfer a payment you ask us to make from your account to another financial institution which is not a money transfer and which pays off or reduces the amount that is owed to them.

card purchase any transaction (other than a cash transaction) under which you make a payment using a card (with or without the PIN) or card number.

cash transaction a money transfer or any other transaction under which you receive cash or a cash substitute by using your card or card number, including foreign currency, traveller’s cheques, postal orders, gambling transactions and transferring money electronically.

cheque transaction any transaction in which you use a cheque to make payments using the account (the terms and conditions in the chequebook will apply).

default charges any charges we add to your account under paragraph 3a.

handling fee any charge we add to your account for balance transfers, cheque transactions and for cash transactions under paragraph 2c.

MBNA Group MBNA Europe Bank Limited, its subsidiary and parent companies, any subsidiary of any of its parent companies and any person we transfer any of our rights or duties to in this agreement.

money transfer a transfer of funds from your account to another financial institution other than into a credit card or loan account. PIN— the personal identification number which we issue or approve to be used with a card.

service charges any charges we add to your account for the services provided under section 4.

Complaints

If you would like to make a complaint, please write to us at MBNA Europe Bank Limited, P0 Box 1004, Chester Business Park,

Wrexham Road, Chester CH4 9WW.

We have procedures in place which will make sure we handle your complaint fairly and quickly. However, if you are not satisfied with

the outcome of your complaint, you can write to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14

95R.

also the rates that are stated in the agreement is £12.00 , obviously some time warp happened , they are trying to backdate the agreement

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thanks brw that info is great news and good luck to them.

i will be sending the cras letters asap, but still need to sort mbna,

not convinced they have a proper cca and if they go to court they will have to produce the original agreement.

i cant stand mbna and the arrogance they show, so if i have to go to court i will.

if i have a certain judge though , i will ask for a change as he has stated he dosnt know anything about the cca 1974 and has no jurisdiction on it , that was against crap1.

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  • 3 weeks later...

well well!!

recieved a letter today from mbna warning that the judgment when they get it will last for 6 years, if i make a payment it will stop the action.

 

another letter , in the same envelope, an offer that i could pay approx 1/3 of the outstanding amount and they will close the account by a partial settlement and MBNA would not pursue the other money.

 

would anybody trust this lot, no i am not taking their offer,

wher do they get thes names: this was from Dee Diliistione, head of customer services.

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  • 3 weeks later...

had a letter today saying mbna have sold the debt to Equidebt ltd , wellesbourne, warwickshire.

 

mbna have also siad i need to make future payments to the dca.

 

any suggestions ?

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  • 2 weeks later...
had a letter today saying mbna have sold the debt to Equidebt ltd , wellesbourne, warwickshire.

 

mbna have also siad i need to make future payments to the dca.

 

any suggestions ?

 

Hello Oggy

 

How are you, well I hope.:D Have just stumbled accross your thread and I do believe I am about a year ahead of you with this bunch of jokers.

 

If you have a moment read my thread. It may give you a bit of idea what to expect;)

 

subscribed.gifRevenge needed against mbna

 

Keep fighting:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

hi hell,

sorry not been back in touch, just had a letter from link financial giving me 7 days to pay the balance, under the consumer credit act.

if i dont respond within 7 days they are going to take me to court.

 

i cant wait.

will be reading your thread tonight

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  • 2 weeks later...

another letter from link financial ltd,

they are trying to get my cfa from mbna and if any costs are incurred they are going to add them to my account.

my account is on hold for 14 days before they start proceedings against me.

any ideas anyone???

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Hello Oggy1!

 

any ideas anyone???

 

Yep, tell them they can shove their costs where the sun don't shine.

 

What Account would this be?

 

If it has been Defaulted and Terminated, then there is no longer a live Account. All that remains is a lump sum Debt, and what you need to establish is if that lump sum Debt is Enforceable, Partly Enforceable or Unenforceable.

 

To work that out, you need to know if whoever is coming after you for this has:

 

(1) The Original properly executed Regulated Consumer Credit Agreement.

 

(2) Clear evidence that a lawful Default Notice was issued and Served in good time to be compliant within the Statutory Timescales to have been given an opportunity to remedy the Default.

 

(3) Clear evidence that the Debt was lawfully Assigned (that's if it's a DCA pond dweller that is coming to haul your ass into Court to Enforce).

 

If anyone does send you a Court Claim and the Agreement is missing and/or looks dubious, then be ready to use CPR 31.14 straight away before a Track is Allocated. See this excellent Thread:

 

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

Hope this helps.

 

Cheers,

BRW

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hi brw ,

this was for virgin/mbna account and they have sent me details ofwhat they say is the cca.

 

there are 4 pages of terms and conditions as earlier in this thread, with no name or address of mine anywhere and also the rates is £12.00 not the £25.00 as they applied to my account.

 

i have been supplied part of my application form which i signed and under a magnifying glass the rate is £25.00.

these are 2 completely different documents , type set etc.

 

i have sent link a cca request and i am waiting for the original.

i di threaten to take MBNA to court but they have closed the account and sold the debt , the account was put into dipute 16th september 2007.

 

thanks for the link willbe reading through it now.

 

your help is as always appreciated.

oggy

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  • 2 weeks later...

hi

just recieved a letter today from mbna with another copy of what they say is the cca.

also they are saying the debt has been sold and is no longer their responsibility.

 

the charges on the bit that has my signature are £25.00 and on the other 4 pages , there is nothing that has my name and address anywhere and the cahrges are suddenly £12.00.

it is quite clear that these are 2 different documents.

 

any ideas for the next step or should just go through the courts.

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Oggy

 

I sent you a PM

Steven

 

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