Where to go next with MBNA?

[purpledelly]

Hello

This is my first post on here and I know it's yet another MBNA thread so please forgive me!

 

I wonder if anyone can advise what I should do next with MBNA as it's wearing me down.

 

After being on a DMP for several years we took over running it ourselves late last year and at the same time requested all CCAs and statements from all creditors.

 

Results have been unsatisfactory from several of them, but this is about MBNA!.

 

I requested CCA from MBNA on 4th January and have never received anything from them (not even an application form or anything in the way of paperwork). After sending the relevant 12+2 and 30+2 letters (taken from here and the Moneysavingexpert site) I stopped paying them.

 

Since then it all went quiet for some time then I began to get statements which showed they had resumed the account to 'normal' status instead of special reduced payments. This also showed they were treating it as normal and adding both interest (quite a lot) and also late payment charges on to it.

I then on 18th June, got a long letter basically saying they would offer me a reduced 'partial settlement' on the account if I called them now, despite being in serious arrears blah blah. I did not call them because I'm not stupid and know a partial settlement is a no-no.

I wrote them another final letter reiterating that I'd still not received the CCA and they should not be adding charges etc. And got a letter on 26th June saying they had sent the documents we required on 8th Feb. I did NOT receive anything from them and they haven't volunteered to send it again! Then there were threats of court action and debt collectors in the letter and they said no further correspondence would be entered into.

 

Then today I got another 'we may take action' and 'please help us to help you' letter.

 

I really don't know what to do. I am a little concerned as this is just dragging on and I want it resolved. I am worried a bit at what actions they may take next, not because I think they are right, but because it makes life uncomfortable.

 

Can anyone advise if there is anything else I should be doing or should I be ignoring them?

Sorry for the long post - I felt a little background might be useful... Thanks in advance.

[maroondevo52]

Hello and Welcome, Purpledelly.

 

Make a complaint to the OFT...........

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

 

Or you could try sending them this.........(or maybe not, sorry, just re-read your post)

 

Formal Complaint no CCA

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

 

Remember, don't sign it

 

 

 

Regards.

 

Scott.

Edited July 10, 2008 by maroondevo52

[purpledelly]

Thanks for that Scott. I've not sent them quite that letter - and not put 'formal complaint' on it, so I will try that one - many thanks.

 

Should I actually report them to anyone? My experience with OFT (with another creditor) wasn't very helpful really so I'm not sure about it.

 

And also - if they fail to supply the CCA I just don't know what then 'happens' because presumably they won't give up the fight?!

[maroondevo52]

Hi,

 

No CCA, No enforceable debt, simple as.

 

If you have proof you requested it, and they don't comply, then there's not a lot they can do.

 

Regards.

 

Scott.

[banker_rhymes_with]

Hello Purpledelly!

 

As always with the MBNA, there are various options on how to deal with them.

 

I would suggest keeping things short and sweet, and just send them a pretty hard hitting Letter that makes it quite clear they are firmly in default of your CCA Agreement Request. Point out that despite their claims that a response was sent on 8th Feb, nothing was ever received by you.

 

Send that via Sepcial Delivery so that you have Proof of Delivery (and check on-line that it was Delivered).

 

It may be worth the cost to send them £10 and request an exhaustive and comprehensive S.A.R - (Subject Access Request). Ask them for absolutely everything that contains any mention of your name or that can be related to you.

 

I mainly suggest the SAR just to give you as much information as possible, and because it will cause them more grief than the £10 fee would suggest. They are the ones playing silly beggars, and they are the ones with a Consumer Credit Licence, so make them do some work.

 

The SAR should reveal any response made on the 8th Feb, and, if there's no record of this, then any Complaint you then make about them will have additional evidence.

 

Likewise, any action on their part will look all the more silly and otiose (a lazy, worthless act, not effective with litle or no value)!

 

Please also be aware that the MBNA will send out Truck Loads of Threats, ranging from Pink Pig Letters, to Postcards with Flowers on sayng someone will visit at such and such time, to copies of your Land Registry Title Deeds, to semi-Legal nonsense...all designed to persuade people to panic and Call them.

 

Once on the phone, the topic of conversation will soon lead to the inevitable subject of a Debit Card and PAYMENT!

 

OK, so I'm suggesting that you just keep doing what you have been doing, but send them a clear reminder, and then perhaps go for the SAR to gather additional evidence that you can use against them if/when they take this any further.

 

I hope this helps.

 

Cheers,

BRW

[purpledelly]

Thanks BRW. That sounds like a good idea too as they don't seem ready to give up. I'll 'look forward' to their array of notes and letters! They seem a bit schitzophrenic - nicey one minute and threatening the next!

 

I keeeping proof of delivery for all correspondence with them too so that will help.

[banker_rhymes_with]

Hello Purpledelly!

 

I missed Scott's posts before I replied, so lots of good advice there.

 

OK, this is well worth reading, if only to make you smile! It's by ScarletPimpernel at Post #66:

 

Mbna Cca - Is This Enforceable Please

 

It makes me smile every time I read it. But on a more serious note, it will explain how MBNA Operates. It is accurate in my experience.

 

Cheers,

BRW

[citizenB]

Hello Purpledelly!

 

I missed Scott's posts before I replied, so lots of good advice there.

 

OK, this is well worth reading, if only to make you smile! It's by ScarletPimpernel at Post #66:

 

Mbna Cca - Is This Enforceable Please

 

It makes me smile every time I read it. But on a more serious note, it will explain how MBNA Operates. It is accurate in my experience.

 

Cheers,

BRW

 

LOL, BRW, I was just about to link to this.. Purpledelly, I was sharpening the knives ready to slit my throat when ScarletPimpernel posted that on my thread.

[purpledelly]

LOL - that is very funny BRW thanks for posting that!! I will look at it each time I feel like tearing my hair out with them!!!

[hamish2008]

Hello and Welcome, Purpledelly.

 

 

Remember, don't sign it

 

 

 

Regards.

 

Scott.

 

 

.. just out of interest - why shouldn't you sign it ?

[maroondevo52]

Hamish, It has been rumoured that some signatures seem to get 'lifted' and end up on new CCA's

 

 

Regards.

 

Scott.