Re: Distressing phone call from MBNA

[hellhasnofury]

Hi everyone!

i wanted to write a letter to FOS as advised by Car complaining about MBNAs CCA pointing out that i dont think it is enforceable on the following points-

1.the cca is in several parts and the ts and cs are not on same side as signed part and only on MBNAs implication by sending two pieces of same sized paper that it may or may not be on same document

2There is no mention of over the limit charges and late charges on paper that may or may not be on other side of signed bit!

3.On seperate papers which MBNA sent along with this agreement were not the current terms when i took card outm in 2002 as the charges are stated as £12,The charges were a lot higher than that when i took card out in 2002.so seperate papers appear to be current ts and cs not the ones in force when i took out card!

4.the two short papers which are supposed to be the original agreement and which MBNA imply by sending them together that they may or may not be on front and back of agreement are very difficult to read and therefore could be described as eligible and are very difficult to read

I am not very good with lettersand not had much experience with composing letters and wonder if some experienced Cagger who is good at these legal and formal complaint letterrs could give me some advice and even better send me a draft or letter template to express all this properly and in legal sounding terms!As i do tend to waffle on a bit and not vey good at concise legal letters that impress people! LOLI would be very grateful for any advice about this!Thankyou!

 

Hello Sunflower,

 

I hope you are well and not being too harassed.

 

If you are going to complain to the fos and ask them to investigate this matter for you, you have to remember that you are not a solictor and you do not possess a law degree.

 

You just have to tell them your story and let them do the rest.

 

You can if you wish detail your concerns and the list the legislation that they have breached/failed to comply with.

[sunflower99]

Hi Hellhasnofury!

How are you doing?Hope all going well in yoour MBNA fight,I have not had many phonecalls at all now.Though expecting my usual end of the month phone calls from Barclays as i always get a bit in arrears with them just before payday!Thanks for advice never easy to know how to word these things and my letters turn into little books ! LOL as i am not a very concise person!

[tomo28]

I've had to sub to this thread as it's one were i can get educated step by step from your first post as a trembling wreck to today as a tower of strength.

You have some tough decisions to make but you have a lot of people behind you.

[buckhunter]

What is the end result of all these CCA requests- anyone ever won against MBNA? I am going through CCA request at the moment.

[Windywoo]

Hi everyone!

i wanted to write a letter to FOS as advised by Car complaining about MBNAs CCA pointing out that i dont think it is enforceable on the following points-

1.the cca is in several parts and the ts and cs are not on same side as signed part and only on MBNAs implication by sending two pieces of same sized paper that it may or may not be on same document

2There is no mention of over the limit charges and late charges on paper that may or may not be on other side of signed bit!

3.On seperate papers which MBNA sent along with this agreement were not the current terms when i took card outm in 2002 as the charges are stated as £12,The charges were a lot higher than that when i took card out in 2002.so seperate papers appear to be current ts and cs not the ones in force when i took out card!

4.the two short papers which are supposed to be the original agreement and which MBNA imply by sending them together that they may or may not be on front and back of agreement are very difficult to read and therefore could be described as ineligible and are very difficult to read

I am not very good with lettersand not had much experience with composing letters and wonder if some experienced Cagger who is good at these legal and formal complaint letterrs could give me some advice and even better send me a draft or letter template to express all this properly and in legal sounding terms!As i do tend to waffle on a bit and not vey good at concise legal letters that impress people! LOLI would be very grateful for any advice about this!Thankyou!

 

Hi Sunflower, I've been reading through your thread. I'm in a similar situation with MBNA myself, although further down the line.

 

I complained to the FOS earlier this year, regarding the cut and paste, so called agreement MBNA sent me. I have to say, they were useless - they wouldn't commit themselves, saying that it would be for the court to decide whether the documents MBNA supplied were enforceable or not. Of course, MBNA are crowing saying that the FOS ruled in their favour, which according to my documentation is a downright lie, anyhow, the account was passed to their inhouse DCA monkeys, and now with Restons solicitors, threatening court action. I've written a serious bog off letter to them, so I'm now waiting to see what comes along next.

[emmaf01]

It is incredibly difficult sometimes to keep going with this when it seems like they have loads of money to chuck at (admittedly c***) so-called solicitors and the fact that these people won't listen to reason.

 

But they are bullies and if you keep standing up to them it shakes them up. If you have thousands of us all standing up to them, no wonder they get flustered and bark louder! The key is to work out a plan and pick your battles.

 

Sunflower, you are doing great and I still can't believe the difference between you now and the frightened little flower who joined the board months ago.

[andrew1]

It is incredibly difficult sometimes to keep going with this when it seems like they have loads of money to chuck at (admittedly c***) so-called solicitors and the fact that these people won't listen to reason.

 

But they are bullies and if you keep standing up to them it shakes them up. If you have thousands of us all standing up to them, no wonder they get flustered and bark louder! The key is to work out a plan and pick your battles.

 

Sunflower, you are doing great and I still can't believe the difference between you now and the frightened little flower who joined the board months ago.

 

S Y N E R G Y it's called and being EMPOWERED -they just can't handle it - CAG them

 

Well done

[spiritgirl59]

I complained to the FOS earlier this year, regarding the cut and paste, so called agreement MBNA sent me. I have to say, they were useless - they wouldn't commit themselves, saying that it would be for the court to decide whether the documents MBNA supplied were enforceable or not. Of course, MBNA are crowing saying that the FOS ruled in their favour, which according to my documentation is a downright lie, anyhow, the account was passed to their inhouse DCA monkeys, and now with Restons solicitors, threatening court action. I've written a serious bog off letter to them, so I'm now waiting to see what comes along next.

 

Windywoo - you and me both, I don't bother with the FOS since they did exactly the same to me regarding Capital One, I just fight back myself, and like you have recently sent a very strongly worded bog off letter to Solicitors who were threatening me with court. I say bring it on - they do not have an agreement they have a "freepost" application form - and they know it! The fact that they are only threatening and not acting speaks volumes They know they don't have a legal leg to stand on!

 

Sunflower you are an inspiration I have been following your thread too from the very beginning and have seen how you have grown in confidence with the support of CAG, and I am so chuffed for you (((hugs)))

 

Andrew is so right - we have to take the power into our own hands and throw the book at these DCAs - they don't expect it, they still expect people to bow down to their pathetic threats and give in to them ...

 

Keep up the good work Sunflower! I am with you all the way!

 

Love SG x

[sunflower99]

Hi everyone!

i am touched to see all your support! Thanks again! I dont feel so alone now.i must admit i was stressed out yesterday not knowing what to do for best! but now know what problems we all encounter we face it together and give each other suppport and advice! This is a brilliant forum and i am so glad i stayed with it! As soon a i saw this forum it i thought crumbs everyone here has got some bottle but i cant see myself standing up to these banks like they do! and now i am! and it is lovely to be able to stand up to them and know we have got some rights:)

[sunflower99]

Hi tomo28!

I am not always a tower of strength!LOL i do still have my days! but i am feeling a lot better now i have come across this forum.Before my husband and me were just existing ready to give up !totally miserable all the time! but now since discovering this forum though i do feel better now and have some hope !

[sunflower99]

Hi windywoo and spiritgirl

Thanks for advice about FOS! i must admit when i started thinking aboutit i suspected as much!and did think that they would not be much help and just sit on the fence!As you say probably a waste of time and energy and would be annoying to give MBNA something to crow about!It dosent seem to deter these DCA by the sound of it

How are you spirtitgirl?ihope you are getting on alright with your fight ,I have just cca ed Capital one as well and Windywoo i hope you send those Reston soliciters packing,

Edited November 18, 2008 by sunflower99

[sunflower99]

Hi Emma and Andrew

How are you?Thanks for your words of suport.As you say it is great we can stand up to these bullies.They know these ccas are unenforceable and just want to bully people and frighten them into paying but underneath their bluster they are desperate!

[cashins]

and just want to bully people and frighten them into paying but underneath their bluster they are desperate!

 

Correct!!!

 

Every time they get CAGged, their commission goes out of the window.

 

David

[car2403]

Hi everyone!

i am touched to see all your support! Thanks again! I dont feel so alone now.i must admit i was stressed out yesterday not knowing what to do for best! but now know what problems we all encounter we face it together and give each other suppport and advice! This is a brilliant forum and i am so glad i stayed with it! As soon a i saw this forum it i thought crumbs everyone here has got some bottle but i cant see myself standing up to these banks like they do! and now i am! and it is lovely to be able to stand up to them and know we have got some rights:)

 

From a tiny acorn a mighty oak does grow...

[angel_1]

HIYA SUNFLOWER and all

 

it really does show that we have to obtain the information and choose our own battles to win along this mad journey we are on

 

fantastic help from everyone so far on this thread - am sorry sunflower not been around for a few days, just got my pc back last night, but all okay now

 

am fighting along too, and im going to chance the fos just something i feel i need to do, but i guess the outcome will be the same, then lets see what happens after

 

off to do some work and keep happy ciao maz

[sunflower99]

From a tiny acorn a mighty oak does grow...

Hi Car

Thats true! LOL.Thanks again for all your help and input about my MBNA problems,You have been very helpful and given something to think about,and it is great that you have given me reassurance that what they have sent is probably unenforceable ! so much so that if i found the bottle to get it declared unenforceable i would stand a good chance or if they tried to enforce it they would have problems!:-)Thanks again!

[sunflower99]

Correct!!!

 

Every time they get CAGged, their commission goes out of the window.

 

David

Hi Cashins

They must be quite dismayed when they realise they are dealing with a Cagger:D!I suppose CAG is getting very well known and dreaded amongst all the banks!LOL:D

[sunflower99]

Hi Maz!Good on you in your battle with MBNA!Im afraid i am having a rotten day today.My husband has been summoned on monday to attend a work focused interview so he can still get his incapacity benefit,I dont know why they dont leave him alone,Whats the point several months ago he had as medical which confirmed he was unfit for work yet they still want to summon him to attend a work focused interview.He had one last year that badly stressed him out and they promised that he would not have to attend one for another three years but know they have asked him to go after just one year,so hubby and me are a bit fed up this evening.

[cashins]

Did see somewhere that HMG was planning a 'crackdown', as it was reported, on benefit claimants to 'help them get back to work'.

 

Not quite sure how that's supposed to help at present.

 

David

[Fred Bassett]

Did see somewhere that HMG was planning a 'crackdown', as it was reported, on benefit claimants to 'help them get back to work'.

 

Not quite sure how that's supposed to help at present.

 

David

 

Another example of muddle-headed thinking, probably more to do with grabbing headlines than what will happen in reality. For 11 years, they've been allowing immigration to run riot and some of the people they've let in (the small percentage of the ones that aren't here just to claim benefits), have been doing the jobs that would otherwise have been available to would-be benefits claimants.

 

Of course, the irony now is that many of the immigrants who were doing jobs here are returning home as the work has dried up.

 

So this is how the interview goes: "Mr X, you must now start working or we will stop your benefits". "OK, gis a job". "Ah sorry, there aren't any going at the moment. It's the credit crunch and the Broon-inspired wrecked economy you know".

 

Brilliant. If only they'd thought of that in 1997.

 

Fred

[sunflower99]

yes it is very worrying it is ridiculous he has to go to one of these work focused interviews particulary when he has had a govement medical and been told he is entiltled to incapacity benefit and confirmed that he is to ill to workHe had also had a work focused interview about this time last year and he was so stressed out and the woman coducting interview was so nasty to him at beggining of interview that he nearly had a heart attacik in the building He got so angry and stressed and had problems breathing and started getting angina pains,As soon as he got like that though the woman conducting the interogation well i call it an interogation it was not a reasonable interview.by the sound of it.she couldent get him out of the building quick enough when he started ahaving that turn,She just bundled him out with a bundle of disability living allowance forms and told him he would not have to come back for three years.i think she was worried that the local paper would read Local Job Seeker Plus Office drives man to have a heart attack .it was disgusting that they treated a sick man with heart problems like that and if he had had a heart attack in their building or after it i would make sure the local papers knew.Now of course i am worried sick he is going to be harmed by these bullies again and end up having a full heart attack this time,They did not give him much notice and he has to go this monday so off course it is a bit late notice to give my boss notice that i need some time to go with him to give him moral support and help at that awful place.so i am not sure that i will be allowed to go with him and he keeps insisting he will go on his own However i am really worried that he will have a bad turn there What a horrible country this is turning into bullying sick people like this,and with credit crunch its not as if they have jobs to offer and my husband not good at all as his condtion gives him angina even on when just walking a little and he never feels very well so we are going to be in for a really horrible worrying weekend.

[emmaf01]

Sunflower, I can't remember- does your husband get DLA? If so what rates?

 

I would really suggest he gives his local council welfare rights officer a call. He will know the rules about harassing sick people... sorry "work focussed interviews".

[sunflower99]

Hi Emma!

Its ok ! hubby got a reprieve he spoke to his job seeker plus advise explained the situation and the man was very reasonable agreed it would not be worth making him attend an intreview as he could see from file that it would be a waste of time getting him to attend work focused interview,I wonder if there was note on file about my husbands last work focused interview he had last year when he had funny turn at their office as the man was quick to agree that it would be a good idea to cancel my husbands appointment,He saidm that the computer had picked my husbands name at random and said that he would set it so hubby would not have to attend a work focused interview for another three years!So we are greatly releived!He did not get DLA in the end i am afraid we gave up as the process was very stressful and making us full of dispair! The goverment dont want people to receive this benefit im afraid,

[cashins]

Thats good.

 

You didn't really think they knew what they were doing over there did you?

 

David

[Fred Bassett]

Thats good.

 

You didn't really think they knew what they were doing over there did you?

 

David

 

They pick on soft targets. Bet the new-age dids don't get pressured in this way.

 

Fred