Re: Distressing phone call from MBNA

[Gazza112]

Hi All! Today

I have just received a letter from Restons saying that they have been instructed by MBNA to collect on their behalf.and i have been given a deadline to pay the whole amount by,They also say they WILL commence legal proceedings against me if i do not come to an arrangement,as they do not use the MAY i presume they are going too I will post up letter shortly,Anyone else reading this thread had any esperience of Restons?I suppose my next move is to send the astounded letter and inform them that MBNA have igored my last letter which i posted up asking to view my agreement ,Should i cpr 31,16 them?I am very new to this so am very worried about what is best to next?

 

 

Sunflower, what have we all said to you about worrying.

Have faith in the Cags on here, Restons are a load of plonkers you only have to read the threads on here.

Don't use the 31.16 use the 31.14 instead, but more experienced cagger can confirm or give you better advice.

I've only go CL Finance at the moment, but ha i'll try and get Restons on my case as well.

 

Keep your chin up

 

Gaz

[Gazza112]

Sunflower i think why my case got esculated was MBNA got upset with the 31.16 letter i sent them. So they huffed and puffed and sold the dept on:eek:.

 

Gaz

[Gazza112]

Sunflower not 100% sure but the difference between 31.14 & 31.16 is as follows 31.14 your just asking for info and the 31.16 is when your asking for info but will go through the Court to obtain it.

Hope a Cag can come along to verify what i've said.

 

You must guess MBNA don't do things the right way by know:eek:.

So keep your chin up and where all here to fight these together.

 

Gaz

[Gazza112]

Sunflower i'll have a look in my files and try and find it for you.

 

Gaz

[Gazza112]

Sunflower Here's one letter that may help, i'll try and find a couple more for you. Do you want the 31.14 & 31.16 Template letters.

 

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

Dear Sir/Madam

 

MBNA have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the DATE I wrote to MBNA requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of MBNA staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date MBNA have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

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 credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

I will be reporting your actions to any such regulatory authorities as I see fit.

 

 

 

Yours Faithfully

 

 

 

 

 

Gaz

Edited April 2, 2009 by Gazza112

[Gazza112]

Sunflower

 

The first letter is the 31.16 Template letter.

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Regards

 

 

 

xxxxxxxxxxx

 

 

2nd Letter just another legal letter to the DCA's

 

Carefully adapt the following letter to reflect your own case. Send it to BC and copy to any DCA's that are hounding you.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx.

 

You have failed to respond properly to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

If that request is not satisfied after a further 30 calendar days you commit a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

 

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.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

3rd Letter anoth Dispute Template letter you could use.

 

ACCOUNT IN DISPUTE

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Barclaycard yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

Please also note that I consider your behaviour in this matter as pure harassment, I find it hard to believe that I have to quote the Office Of Fair Trading's guidelines on debt collection which state - Section 2.6 -

h. ignoring and

/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

As you represent banks, who regularly make charges and in light of the fact that I have taken time out to carry out research, I have charged you £30 which I will add to my legal costs.

 

Also please consider this a formal complaint, If I do not receive your official complaints procedures within 14 days, I will have no option but to make your behaviour known to the Office Of Fair Trading and the Financial Ombudsman Service.

 

As regards to my request for a copy of my agreement, I quote from correspondence from the Office Of Fair Trading.

 

It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed

 

I trust this outlines my position clearly enough for you

 

 

 

I'll try and find the 31.14 Template later, as i can't find in my system at the moment.

 

Gaz

[Gazza112]

Hi Sunflower

 

Hows things with you, been very quiet on the phone front not heard a thing from any of the CC companies by phone. They've even stopped texting me, I mead it's a bit of a cheek one minute there phoning next minute nothing:eek:.

 

gaz

[Gazza112]

Hi Sundflower

 

If CL Lewis did phone i never answered it, i did have a letter from MBNA on my SAR request. They said again after the second letter i sent them, as its personal information they are sending me through the post i can phone them up and go through security with them. What a load of C.......blers.

 

Gaz

[Gazza112]

Cheers Sunflower i may give them a call on Tuesday see what they say.

Another thing was did you have your Reference number on the letter they sent you asking you to phone them. The letter i received had no references at all, i wonder if they have lost my records by any chance lol.

 

Gaz

[Gazza112]

Hi Gaz

They did not include a reference number on mine either .It would be great if they have destroyed a lot of your data but unfortunatly i dont think MBNA would be so stupid!As if CL lewis gives up .and wants to pass you back to MBNA they would be a bit stumped if they had destroyed all the records.Though i am always amazed that these pondfeeder DCAs take the risk of buying accounts from original crediters without seeing and asking for the agreements in first place!Still it would be great if they have destroyed your records! Did you see on undedogs thread that CitB was saying that she thinks when they default you and then terminate account they loose all rights to try and enforce debt and any alleged agreement whether it is unenforceable or enforceable becomes invalid! That is i undestood things right! LOL So when the pondfeeder see they have been sold a puppy! they often pass it back to OC ! and then the OC is stumped as in terminating agreement they do not have any enforceable agreement ! There is no agreement to enforce !

 

 

 

 

Hi Sunflower

 

That's interesting what Underdog said about Terminating the account.

Just have to wait and see what Howard Cohans/CL Finance do if they go ahead with my Court case.

 

Gaz

[Gazza112]

Hi Underdog

 

It looks like the faulty DN applies to me, as MBNA asigned the dept half way through remedying the DN:eek:.

 

Gaz

[Gazza112]

Hi Undedog!

Thanks for makeing things clearer about this:)

 

Hi Underdog & Sunflower

 

What if there is Default Amounts in the Default Notice, are they aloud any money at all on the arrears

 

Gaz

[Gazza112]

Sunflower

 

I'm still waiting for Howard Cohen to reply to my 31.14 letter for the Court case, there times running out .

 

Gaz

[Gazza112]

Hi underdog

 

That could be why MBNA are putting barriers up in sending my SAR request, as they know that there is default charges on those accounts.

 

Gaz

[Gazza112]

Hi Gaz!

MBNA and Debitarse certainly not treating you well.Debitarse sent AA99 a blonde bit of totty driving a mercedes to see her!

 

 

Sunflower you've ruined my easter now:-|, fancy telling me AA99 had a blonde visit her:shock:. I'm really gutted to hear this, what have i done to upset MBNA:shock:. Infact i could of took this blonde out for dinner in my 3 wheeled clapped out Relient Robin, where's Del Boy when you need him.

 

 

Gaz

[Gazza112]

Sunflower i choked on my easter egg that MBNA brought me when i read that:eek:.

 

Gaz

[Gazza112]

Underdog, yes got Easter egg as MBNA wasn't taking anymore payments from me i brought an easter egg with there Money:eek:.

3 Cheers for MBNA, hope they all have runny eggs for Easter:D.

 

Gaz

[Gazza112]

I'm up for getting into the biker Jacket and going down to Chester, as long as you don't mind me brining my Zimmer frame along lol.

 

Gaz

[Gazza112]

All I can see is Peter Fonda, Easy Rider

 

But seriously, what are we ALL going to do about MBNA ????:evil:

 

 

Well we could all set up a company and buy MBNA out for a £1 :D.

 

Gaz

[Gazza112]

Gaz brill idea but i dont think they would like ttthe idea. Although one of the perks of owning mbna is u can wipe ur alleged debs with them.

 

 

Hi Godmother

 

That's where i think MBNA got confused with me, when i was offering a £1. They thought i was offering to pay towards my account, The real reason was i was offering a £1 to but them out and become a main shareholder .

 

Gaz

[Gazza112]

Hi Sunflower

 

Did they send you your original T & C's with your SAR, or was that all that came along.

 

Gaz

[Gazza112]

i wonder if now they are trying to imply that it is two pages instead of having an oveleaf as Rstons has now photocopied it onto two pages instead of one!One thing i notice is that on front page ie the signed page! The first paragraph says that you agree that we may process and record and something about data i think though it is difficult to read because MBNA signature obscures some of it!

 

 

Hi Sunflower

 

Yes,if you think about it you was only signing for the Data Protection part not the Credit Agreement.

I may be wrong but that's just my thoughts in how i see it.

 

Gaz

[Gazza112]

Sunflower i know i've read on a thread that the T & C's are different and not all the same. If it ever went to Court would probably be a good idea to get hold of some of the different T & C's and submit them in with a defense.

That would blow there theory about not having the originals at Court.

 

Gaz

[Gazza112]

Sunflower this thread remind's me of the Book Westside Story.

I can see your plan, it's if any DCA or Creditor reads this thread time they get to the end it will be classed as Statue Barred.

 

Good Thinking Sunflower.

 

Gaz

[Gazza112]

I must off really done something bad in my past life:eek:.

I've still not received my pink pig:mad:, or any Blondes knocking at my door:p.

 

Gaz