MBNA won't accept written correspondence only...

[Viscount Stair]

The problem is that MBNA sends a lot of extra-legal paperwork, including the thoroughly misleading Important Default Notification letters.

 

It is almost as if they are deliberately trying to bamboozle.

[AA99]

A little light relief for you, courtesy of Clemma in the Bear Garden:D

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/177562-its-probably-been-posted.html

 

 

That video is no longer available - pleeeeeeeeeeeeeeeeze try and re-post it

[lexis200]

Give it another go AA, I've just tried and it's working. My OH has just had to go and make a cuppa to cool off after the second one:D

[atwozee]

Just checked the wording on my DN – which is exactly the same as the one you posted – It refers to paragraph 8 of the agreement – which I presume they are referring to the application – funny thing is there isn’t a paragraph 8 on my application/agreement.

 

I had a quick peek at yours, although it’s hard to read but paragraph 8 on your application/agreement (if indeed it actually ever was on there in the first place) refers to APR and not minimum payments.

 

Both yours and my defaults (and probably a whole bunch of others) would prove to be invalid because they are referring to terms in the agreement that aren’t actually there. Once they terminate the agreement they won’t be able to undo this mistake.

 

When it ends up in court you would simply ask them to point out where paragraph 8 appears on the written agreement that has been signed by your OH – they won’t be able to – now the creditor is left in the unfortunate position of not complying with the requirements of issuing a valid DN – shame.

[lexis200]

I think I love you Atwozee:D

 

I'm going to have to double check the actual 'agreement' when I get home this evening, but if you're right I'll be doing a little jig round the room:D

[angel_1]

hiya guys thought id say hello

 

well i do want to hear about your jig and remember if they have defaulted incorrectly and then terminate you, i have been told on my bos thread, they can only then claim any arrears at the time of the default or termination, i hope its good news and im correct with what ive just said

 

on the warpath with mbna myself later, i really need to update my threads, meaning to but life just gets in the way, lol

 

hope everyone is fine and keep positive all, and fingers crossed

 

laters angel x

[pompeyfaith]

I'm currently at court stage with MBNA I did appear yesterday but it got postponed due to a staff clerical error wrong time on order.

 

Anyway my witness statement is based on exactly this CLAUSE 8 or lack off!

 

Maybe a good idea for you to check my thread here:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-10.html

 

What you need starts from page 10 if you need to use anything in my post that PT has help me with you are more than welcome.

 

Regards

 

Pompeyfaith

[lexis200]

Thanks for that, I'll have a look and see what we're going to be dealing with:)

[atwozee]

Hi pompey – does yours say paragraph 8 or clause 8? Not that there’s that much difference – they both amount to something that isn’t within the signed agreement.

No doubt MBNA will say its within separate terms or the latest version of the terms but that’s irrelevant because the detail of the DN is wrong which makes it invalid – once they terminate they cannot undo the error.

[lexis200]

OK, nothing to do with MBNA, but I'm hoping someone can give me a hand with a PPI letter I've got going for Halifax?

 

The only thing is that I'm missing a few months of statements from the beginning of the account (2001), but I'm not sure if it's worth the palaver of trying to get them, hence the sentence towards the bottom of the letter.

 

I've not done one of these before, so I've bastardised the template to help me. Any comments are very welcome - I don't want to muck it up!

 

Last thing - I'm currently trying to get hold of their historic terms for this insurance, and have emailed the company who held the cover. I'm going on their current terms which show OH should not have been sold this policy without being informed of the fairly massive exclusion provision that would have required him to close his company in order to claim!

 

Ref: My account

 

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid. I cancelled my policy in 2006 after being told I was not covered due to my job status (which had not changed since starting the policy), but have recently found out that I am entitled to claim back these charges, and the interest accumulated on them.

 

I bought a payment protection policy for my credit card payments in 2001, to cover me for unemployment if such a problem should arise.

 

I am a Director of a Limited company and therefore was not eligible for any payments from the PPI unless I closed my company.

 

My application form showed my job title as ‘Director’. However, I was not told at the time that as a Director I would not be able to make a claim on the PPI in the event of unemployment unless the company ceased trading. Had this been explained to me I would not have taken the policy out.

 

I only found this out on attempting to make a claim in 2006, when my company had not had business for some months and my income had dropped to nothing. After attempting to bring in business to no avail, I decided to use the policy I had paid for over the course of the previous 5 years, but was told I could not.

 

Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly, as my employment situation meant I was unable to claim on the policy without specific caveats being in place, you have not fulfilled this requirement.

 

I am requesting a full refund of all my insurance payments from July 2001, plus interest, which totals £6017.93. Please be aware I am only using this date as you have not furnished me with statements to the start of the account. In the circumstances I feel this is more than fair on my part.

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

Edited January 20, 2009 by steven4064
Text size

[lexis200]

Why does the text go small from a simple cut and paste:confused:

[steven4064]

Why does the text go small from a simple cut and paste:confused:

It was a different font - I've fixed it for you

[lexis200]

Thanks for that Steven, I do like a neat post:D

[lexis200]

And another for your perusal - an attempt at getting some missing statements from them using CB's very sound logic that if they can't provide them, how do I know they're not telling porkies about what's owed??

 

SUBJECT ACCESS REQUEST NON-COMPLIANCE

THIS IS NOT A NEW DATA REQUEST

Dear Mr X

 

Thank you for supplying me with information requested under my Subject Access Request made in September 2008.

 

I have recently been checking it, and it has come to my attention that there are several months of statements missing, spanning the period from account opening until June 2002. You have supplied statements from July 2002.

 

Please note I require these remaining statements. Without them, I can not be sure that the amounts shown on my account, or any brought-forward balances, are correct.

 

If you do not have these statements, I will require details of the records held showing that they have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

In addition, if you do not have these statements, I will require proof of the opening balance, any payments made to the account, any spending or other usage by me on the account, any balance transfers on the account, any interest accrued on the account, and any charges/fees placed on the account during the period in question.

 

I’m sure you can appreciate how important this information is with regards to ensuring my paperwork is correct, and I therefore look forward to your prompt response in dealing with the remainder of my SAR request.

 

I will re-iterate that this is not a new data request, but a request for the information that I should have received already to be sent. Please ensure I do not receive a letter requesting a fee for this service, as I have already paid it.

 

Lastly, although you should have it on my notes, for the avoidance of any doubt please ensure any and all correspondence is in writing only, as I will not discuss financial matters over the phone.

 

Any thoughts on this or my last letter (regarding the PPI)??

 

Thanks for looking!

 

Lexis:)

[lexis200]

A little update for OH's MBNA account...

 

2 letters received today! The first, a handwritten envelope with no postage -no stamp, no mark; very strange. Anyway, that was telling OH that they don't hold transaction details this far back so he's not getting anything more. I'm not sure if there's much I can do about this. As you can see in the letter above, I stated I needed them to work out the opening balance, but tbh it was only really to find out what OH paid versus what he spent so I don't know whether I can be bothered to enter into a back and forth about it.

 

The second letter was from Debt Clear Recoveries and Investigations Ltd - anyone know of them? Apparently they are now handling the account for MBNA.

 

To me it seems like even though the DN stated they would terminate, they have not, as the account is just being managed by a DCA rather than being been sold to them. I was thinking of gettng OH to ring MBNA to confirm this, and get a letter saying as much if they have terminated. Is this a really bad idea or would it be ok?

 

The thing is I can't really do much until we know if it's terminated or not, so we're a bit in limbo until then.

 

Lexis:)

[Viscount Stair]

Have they demanded the entire balance or just an outstanding amount?

[lexis200]

Hi VS

 

If you mean the DCA they actually haven't demanded anything, they've just stated what the current balance is at the bottom of the letter (after all the main text) and asked OH to phone them to 'potentially make arrangements to resolve the issue'.

 

There's no mention of whether 'resolving the issue' would involve monthly payments or paying them everything!

[Viscount Stair]

Arguably (or, at least, not unarguably ), that in itself could be a repudiation ... but I don't think you would want to support a Woodchester v Swayne argument on something that thin.

 

I assume that your OH will not be phoning the DCA!

[lexis200]

Hello again

 

I think I'm having a girl moment:D Could you elaborate on that for me please as I'm a bit lost as to what the repudiation relates to? (I feel I should have one of these smilies to go with that statment!)

 

Feel free to include analogies of things to do with kittens and pink things so that I understand;)

[Viscount Stair]

It could be my fault as I am beginning to muddle up the cases I am following.

 

Here's how my mind was working:

 

If the Default Notice was defective, that can still be corrected until termination or something equivalent to termination.

 

Termination (or something equivalent) on the back of a duff DN amounts to a repudiation or repudiatory breach of the contract and that is what wipes out the debt other than any existing arrears.

 

An outright demand for payment in full is equivalent to termination (some disagree or are more cautious) and what you received is not unarguably equivalent to termination but it would be on the borderline, so really you'd want something clearer than that before going "yippee" too loudly.

 

If I've got this thread muddled with another one, I'm sorry for confusing the issue.

 

... and not a single kitten (apart from that one there)

[lexis200]

That's excellent, thank you very much - you didn't get it muddled I was just being a bit of a lemon:D I even understood it without the kittens being in there:)

 

I think you're right, I wouldn't be happy to argue the toss using that letter as evidence, as they don't at any point specifically say they want full payment, they do just have it showing as the balance. Admittedly I could take it to mean they want the lot, but I won't leap to conclusions.

 

This is why I wanted to see about getting OH to phone MBNA, just to say to them that he's received a letter from the DCA but hasn't had the termination letter from MBNA yet, and could he have it for his records. Very much playing the clueless debtor, and hopefully getting confirmation one way or another; without of course aluding to the DN, dodgy or otherwise.

[AA99]

Hi Lexis and VS:)

 

Still subbing, meantime, can either of you look at

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161277-aa99-ge-money-car.html

 

[citizenB]

Lexis, I didnt realise you had an MBNA thread

 

I have to log off for a while so will catch up tomorrow. Meanwhile, Pelham has some rather interesting advice on the thread below. Might be worth a look.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178139-taz11-mbna-enforceable.html

[citizenB]

Lexis, at no time have MBNA sent me a physical Termination Notice. They had hinted at it in previous letters only.

 

I have received a rather suspect Notice of Assignment from Arrow/Fredrickson International. However, nothing from MBNA to say this was happening.

 

BTW, I think that Debt Clear are just a collection agent.

Edited February 5, 2009 by citizenB

[angel_1]

hiya all

 

take a peek at this thread i came across yesterday

 

laters angel x

 

 

http://www.consumeractiongroup.co.uk/forum/mbna/181964-information-regarding-mbna-bank.html