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Re: Distressing phone call from MBNA

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There's no answer to that!

 

David

Hi David and Hillards!

I certainly have a knack of making computers do strange things!MY OH can never understand me and computers!When i told him about somehow gettig that MBNA threatogram saved as our desktop picture he said he couldent undersand how i did this!Me and machines dont mix! LOL.My OH is always telling me im too impatient with computers! and that i tend to click away madly on the mouse!I am always doing strange things with them and making problems happen ! and hubby always sorting them out!When i was trying to paste and copy that MBNA threartogram i must have clicked by mistake on something to save pic as desk top picture by mistake!:-oLuckily hubby sorted it out and got rid of pic!He told me im stuck in the 20th century and about time i joined the 21st when it comes to modern gadgets!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Not according to my local TS and CAB.

 

Any type of card payment, that is with the exception of a christmas card or any type of card fuzzybobble wants to try and get a DCA to accept, is classed as extending your further borrowing as a debit card can cause you to go overdrawn which will incur you overdraft charges. Also as that is money to more than likely pay bills, food, secured loans or evn to pay for thing you have already credited to the card then the money is not there.

Hi Godmother and Hillards!

Yes i thought that asking a person to pay by debit card is a little different from payiing by credit card in the fact that a credit card is borrowed money with horrendous interestrate and would get the debter in even more worse trouble where as with a debit card they are asking you to pay money which may be in your account but as godmother points out they can not assume that you do have further money in your account and in my case it would be nearly as bad as using a credit card as all the money i use in account regulary draws on and increases my overdraft !so them trying to pressurise me in to make an instant payments is as bad as asking me to pay by credit card! as doing this increases my chance of going over my authorised overdraft limit.However i have come across this breach of oft rukes with other companies!Several years ago i got into arrears with JD williams cat when we were going through a fiancial troubles back then!When i phoned them up to come to a fiancial arraangement with them one of the first things they asked me was would i be able to use a credit card to clear arrears!At that time i did not know about OFT rules and did not realise they were doing anything wrong then!so a lot of companies do this!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I think the whole point is that you are being pressurised into paying there and then with no account taken of your circumstances. The fact that you may have enough money in your account is irrelevant because it's quite probable that this money is earmarked for living expenses.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I think the whole point is that you are being pressurised into paying there and then with no account taken of your circumstances. The fact that you may have enough money in your account is irrelevant because it's quite probable that this money is earmarked for living expenses.

 

Regards.

 

Fred

Yes that is quite true! They dont care if paying them means you have nothing to live on.and iif i wwas ever prepared to pay them anything i would never do it by making a card payment over the phone or by standing order or direct debit as ive heard quite a few horror stories of Banks taking advantage of this and attempting to takes more money than was agreed,Another very cruel trick!I only make payments by internet banking now!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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:-)hiya sunflower and all

 

thanks for your support, im busy looking at everything i can include in my complaint to mbna ref their telephone message left,

 

just wondering if i should include it in my fos complaint and include a copy of my letter which is going to mbna, so that fos are aware there is yet another complaint going to mbna for their first responce, or should i just keep the telephone message seperate for the time being, might confuse matters, id guess

 

would appreciate a little responce so i can clear it in my mind so to speak##thanks and keep your spiritis high, no pun intended at this time of year, drinking spirits certainly gives us all a lift,,lol

 

laters angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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has anybody had a 'new' letter layout from MBNA (or A+L) - from threatening all sorts of action (ie threats etc) they now send me a please pay us letter and we'll accept x amount before x date - and please fill in income / expenditure details on back of letter (sure I will - not).

 

The other issue is that they must have written the letter in font size 8 or less??? I am now tempted to send them a reply in size 6 or less :) Is there a rule that says that their letters must be a certain size font??

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has anybody had a 'new' letter layout from MBNA (or A+L) - from threatening all sorts of action (ie threats etc) they now send me a please pay us letter and we'll accept x amount before x date - and please fill in income / expenditure details on back of letter (sure I will - not).

 

The other issue is that they must have written the letter in font size 8 or less??? I am now tempted to send them a reply in size 6 or less :) Is there a rule that says that their letters must be a certain size font??

 

I'd write back and ask them to include some binoculars with their next letter.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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has anybody had a 'new' letter layout from MBNA (or A+L) - from threatening all sorts of action (ie threats etc) they now send me a please pay us letter and we'll accept x amount before x date - and please fill in income / expenditure details on back of letter (sure I will - not).

 

 

Not seen that one, however I seem to be off of the Christmas Card List at present.

 

David

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Hi Angel!

I hope you managed to get letters of complaint sorted asi am a bit in the dark myself when it comes to what to do about letters!I hope all the problems MBNA caused with your hubby have blown over now it is rotten MBNA causing family problems for you on top of eveything else,I only just got home from work as i worked this sunday as overtime ,My hubby said when i was out the phone was going mad today constantly ringing all the time!with my mates the DCAs probablywanting to speak to me!:eek:They must be anxious to try and make a xmas bonus so they can afford their turkey and mince pies!My hubby wonders if they are going to pester me on christmas day!Do any of you get phone calls on christmas day? i said surely not but my hubby not so sure! He says that if they do he will swear at them!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Not seen that one, however I seem to be off of the Christmas Card List at present.

 

David

Hi David!

I think im of their christmas list as well! I always used to get one to put on my mantle piece saying what a nice customer i was and offering me another loan to help me with christmas and new year!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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has anybody had a 'new' letter layout from MBNA (or A+L) - from threatening all sorts of action (ie threats etc) they now send me a please pay us letter and we'll accept x amount before x date - and please fill in income / expenditure details on back of letter (sure I will - not).

 

The other issue is that they must have written the letter in font size 8 or less??? I am now tempted to send them a reply in size 6 or less :) Is there a rule that says that their letters must be a certain size font??

Hi Willtheywontthey!

Ive not yet received that type of letter from MBNA either!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I'd write back and ask them to include some binoculars with their next letter.

 

Fred

 

 

oh yes all, and theri cca sent to me totally inlegible possibly even font 1 lol

and all dark and horrible

yes maybe we should put it at font say 20 - but only a couple of words spring to mind,,,,oops my halo just slipped

lol

now back to being nice again,,,, otherwise santa wont visit me

Yes sunflower, im fine, with hubby its kind of made things come out into the open a bit more, i know i should have told him but you know how it is we try and solve all the issues ourselves when we can,,,,so new year new approach, a united front as such and so its still got to be positive in the long run

catch up laters - angel x :-)


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Angel!

I hope you managed to get letters of complaint sorted asi am a bit in the dark myself when it comes to what to do about letters!I hope all the problems MBNA caused with your hubby have blown over now it is rotten MBNA causing family problems for you on top of eveything else,I only just got home from work as i worked this sunday as overtime ,My hubby said when i was out the phone was going mad today constantly ringing all the time!with my mates the DCAs probablywanting to speak to me!:eek:They must be anxious to try and make a xmas bonus so they can afford their turkey and mince pies!My hubby wonders if they are going to pester me on christmas day!Do any of you get phone calls on christmas day? i said surely not but my hubby not so sure! He says that if they do he will swear at them!

 

Was thinking the same thing today, I have my recorder on 24/7 anyway so will be happy to record any calls i get on xmas day, apologies for my responses in advance LOL:D

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Was thinking the same thing today, I have my recorder on 24/7 anyway so will be happy to record any calls i get on xmas day, apologies for my responses in advance LOL:D

Hi A99!

N000000000000000!! I cant beleive they going to ring christmas day! If they do they are even more sadder specimens than i thought!Surely they going to spend the day with their friends and families!and at least call a truce on christmas day!Well my hubby says he will be answering the phone on that day ! and i also aplogise in advance in what he is going to say!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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oh yes all, and theri cca sent to me totally inlegible possibly even font 1 lol

 

and all dark and horrible

 

yes maybe we should put it at font say 20 - but only a couple of words spring to mind,,,,oops my halo just slipped

 

lol

 

now back to being nice again,,,, otherwise santa wont visit me

 

Yes sunflower, im fine, with hubby its kind of made things come out into the open a bit more, i know i should have told him but you know how it is we try and solve all the issues ourselves when we can,,,,so new year new approach, a united front as such and so its still got to be positive in the long run

 

catch up laters - angel x :-)

Hi Angel

i am so pleased that you sorted things with your hubby as you say at least it has brought things more in the open!and he is in the picture now and you dont have to worry about doing things he does not know about which must be quite a weight of your mind and you can both as you say put up a united front against those DCAS in the new year and give them a run for their money!:grin:Thanks again for your moral support and friendship!You have helped me to cope with all the phonecalls and threatograms which bombard me every week as if it was not for all you lovely folks on this forum i think i would have had a nervous breakdown by now.sunflower xxx

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Awh thanks sunflower, you are very welcome and to others too who have taken an interest in my threads along this journey of ours

 

and you have also given me hope to continue and not to give up,

 

keep happy all laters angel x:cool:


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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has anybody had a 'new' letter layout from MBNA (or A+L) - from threatening all sorts of action (ie threats etc) they now send me a please pay us letter and we'll accept x amount before x date - and please fill in income / expenditure details on back of letter (sure I will - not).

 

The other issue is that they must have written the letter in font size 8 or less??? I am now tempted to send them a reply in size 6 or less :) Is there a rule that says that their letters must be a certain size font??

 

Thornton v Shoe Lane Parking [1971] 1 All ER 686 (CA)

 

In this case the plaintiff drove into the defendant's car park and was given a ticket by an automatic machine, which stated that it was issued subject to conditions displayed inside the car park. The conditions inside the car park were in small print and one of them excluded liability for damages to vehicles or injury to customers. The plaintiff was injured due partly to the defendant's negligence. The plaintiff was not held to be bound by the notice displayed inside the premises. Denning said that the clause was so wide and destructive of rights that "In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling." with thanks to Hagen UK)

 

and...“Judge Tolmin referred to the decision of Denning L.J in Spurling v Bradshaw [1956] 1WLR 461 that the more unreasonable the clause, the greater the notice which must be given of it and that some clauses would need to be printed in red ink on the face of the document with a red hand pointing to it, before the notice could be held to be sufficient.” Also Interfoto Picture Library Ltd v Stiletto Visual Programs Ltd (HPH 422) Bingham – Red Hand theme..

 

It's generally referred to as " The Red Hand Theme" which effectively says it has to be legible to the naked eye.

 

 

Sarah

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just a question to ur reply sarah could any company argue that if a person weres glasses/contacts the writing would have been readable if they were wearing hem.

 

Also if they do can u then argue that ur glasses were broken so without them u could not read it


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just a question to ur reply sarah could any company argue that if a person weres glasses/contacts the writing would have been readable if they were wearing hem.

 

Also if they do can u then argue that ur glasses were broken so without them u could not read it

 

Now you're getting me into details :p I have no idea, but I'd imagine the document should be legible to the naked eye, whether naked means with glasses I would imagine it would if that brought the writing to be legible for the person with whom the failing eyesight usually read. I can't imagine the judge accepting that your glasses were broken at the time as a valid defence...


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Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

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Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

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PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Hmmmm....the illegeable agreement I have from MBNA.

 

Complained to both my local and Chester TS and copied the OFT regarding this and the fact that they would not confirm that in fact they cannot send me a CCA that I can read.

 

Both T/S refused point blank to have anything to do with it and the OFT will 'monitor the situation'. Now the FOS have finally stirred into life after 6 months but can't see a problem either.

 

So why do MBNA behave as they do.............?

 

The reality is however I, (according to MBNA) owe them a five figure sum but as I dispute that, I haven't paid them a bean in over a year. It is beyond belief that if they had an enforceable ageement, this situation would exist.

 

Iv'e come to the conclusion that they really are, quite pathetic.

 

David

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just a question to ur reply sarah could any company argue that if a person weres glasses/contacts the writing would have been readable if they were wearing hem.

 

Also if they do can u then argue that ur glasses were broken so without them u could not read it

 

The agreement should be easily legible to a reasonable person, whether that's someone wearing glasses or not.

 

Having said that, if this did happen in your case, (couldn't read the terms because your glasses were broken) you may have a chance of challenging them under the Consumer Protection from Unfair Trading Regulations 2008, IMHO. You could also challenge the legality of the relationship created under the contract of the agreement, as the parties were not in a balanced position and didn't freely enter in to the agreement knowing all the facts. That would be an interesting Court case... :lol:


Always happy to help where I can!

:lol:

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The agreement should be easily legible to a reasonable person, whether that's someone wearing glasses or not.

 

Having said that, if this did happen in your case, (couldn't read the terms because your glasses were broken) you may have a chance of challenging them under the Consumer Protection from Unfair Trading Regulations 2008, IMHO. You could also challenge the legality of the relationship created under the contract of the agreement, as the parties were not in a balanced position and didn't freely enter in to the agreement knowing all the facts. That would be an interesting Court case... :lol:

 

What happens if you are so pi**ed when you get the agreement that your eyes can't focus properly?. It does happen quite a lot around this time of year.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I don't think they're going to let us pull their credibility to shreds like this somehow. They have too many big backers, we are just the man in the street that pays their way, until now.... Don't try and get out of your debt, just try to find a reasonable way, at a reasonable repayment way to pay it back.....:)

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What happens if you are so pi**ed when you get the agreement that your eyes can't focus properly?. It does happen quite a lot around this time of year.

 

Fred

 

One of the fundamentals of contract law is that the parties must intend to enter an agreement on the basis of creating a legal relationship - if it can be shown that such a basis couldn't and didn't exist, then the contract would be voidable by the Court in those instances.

 

The CCA dosen't go in to detail on these points, but, it would seem, as every CCA agreement is fundamentally a contract, the same principles would apply.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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I don't think they're going to let us pull their credibility to shreds like this somehow. They have too many big backers, we are just the man in the street that pays their way, until now.... Don't try and get out of your debt, just try to find a reasonable way, at a reasonable repayment way to pay it back.....:)

 

Is this on the wrong thread, perhaps? If not, I don't understand the context of what you're saying, given the content of this thread, AA99?


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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