Re: Distressing phone call from MBNA

[hellhasnofury]

Hello Sunflower,

 

Thanks you for your pm, I think there is hope regarding this credit agreement. I think the best bet would be to pm peterbard and ask him to have a look at it for you. He is a total wizz and a very nice man. Put a link to your thread in the message. Also would be helpful to post a link to your thread on the massive consumer credit agreement thread, so others can comment.

 

Never forget there is always hope.

 

The other point to mention is that they must send you a readable copy, naughty naughty

[daftcow100]

My CCA is excatly the same. So what do people think is it enforceable?

[daftcow100]

Has anyone established if this is enforceable?

[daftcow100]

Hi Sunflower99

 

Your thread seems to have gone dead so Im trying to revive it for you.

 

Did you find out anything?

[sunflower99]

Ive started doing a log of calls in a notebook .I was so angry with them last monday for phonning my work place so many times.ive started having some fun with them when they ring in evenings at home,I pick up receiver and listen to them without saying anything,I then just lay the phone down in another room still connected and leave them just talking to or listening to a empty phone! LOL

[angel_1]

hiya sunflower

 

you are very welcome for the moral support, at least i can help with that at the moment

 

so we do need to know if this is enforceable or not for you

 

if you can let me know pls how did you get the pictures of the agreement so large on the posts> im having horrible problems with scanning, also took a pic and it wont let me paste it or how does it get done pls anyone???

 

tried photobucket and image too small to read,

 

i would like to put my supposed cca from cl finance on my thread for comments

 

anyway i would like to know what advice you get for this thread too,

 

catch up laters ciao for now maz

[angel_1]

hiya sunflower

 

ive just posted on your other thread re if cca is enforceable

 

good on you but still record it if you get to know it is, its still a call from them

 

mind you i havent had mbna calling me since i told them only in writing per my letter they must have it on their files

 

so i really do encourage you to ensure you sent that harrasment letter to them and i would do the same to RMA both recorded delivery

 

keep happy have you seen the petition on charging orders here it is

 

Petition to: Control the use of Charging Orders as a means by which lenders are routinely securing unsecured debts against peoples property. | Number10.gov.uk

have a read and see what you think

 

many thanks ciao maz

[sunflower99]

Hi Maz! Nice to hear from you! sorry you are having problems with photobucket!I found it very frustrating process trying to get my images up and it did take time,i was quite releived when i did manage to get it put up,It did involve me clicking a lot with my mouse!| and a bit of swearing! LOl Trouble is i cant remember quite what i did i think there was some edit option or something.i will visit phtobucket tommorrow and try and recall what i did and see if i can tell you what i did! ,I would do it now but have got toothache at moment and need to retire with a nice handful of painkillers to get rid of it.and a nice hot water bottle wrapped up in a towel over face!on I have had a lot of problem with teeth this year as i cant afford to go to dentist or get prescriptions filled at moment what with MBNA and the other banks wanting all my money! LOL but luckily with my teeth the nerve eventually dies and then the pain goes after several months and at least it only back ones affected which is easier to put up with just got to wait for nerve to die.Another lovely aspect of debt not being able to see a dentist! i did try to sign that charging order petition but my confirmation to confirm it on my e mail did not come up,i did check in my spam folder but still no sign of it,i was sorry that i had that problem as i did want to sign that petition as it is disgusting that the goverment is trying to turn unsecured loans into secured loans There were no threats to say that your home would be at risk when we took out these credit cards and unseecured loans and it seems that crediters are going to have it both ways in that as well as charge sky high interest rates they also get their hands on peoples property as well,just hope enough people protest about it and it gets overturned,Charging orders should not be used against unsecured loans at all especially in cases where people comply fully with ccjs and payment plans,Goldlady is still looking at my CCA and is going to contact other people who know about CCAs to look at it and give their opinion i will have another go at signing that petition tommorrow as well!This computer is very strange and has only half its memory left so it is not working to well i downloaded a firewall as i wanted to ascess my online banking details securely but made this pc even stranger doing this!bye for now! I hope we can sort out photobucket tommorrow for you! byee

[sunflower99]

Hi Daftcow! Thanks for bumping my thread! Goldlady is still looking into it for me and is going to message somebody else who knows a lot about CCAs for a second opinion.and give them a link to this thread! So fingers crossed! so your CCA is like mine!The first thing that sruck me about my CCA is how bitty it is! The signed front page is not attached to other ts and cs,Goldlady thinks it may be unenforceable but wants a second opinion!so hope we will hear from someone soon about it!

[angel_1]

hiya, sunflower

 

hope you are feeling better in the morning, yes thank you appreciate it

 

hope the cca gets sorted

 

thanks for the update off to bed now as im swearing too much at the pc and its not doing what im telling it to....lol

 

try again tomorrow ciao have a fun day

 

laters maz

[daftcow100]

Im just surprised with so many people on here that you havnt been told already!

 

My is exactly the same, it was a VIGIN MBNA card.

 

They have offered me a full and final but it will be recorded as a partial settlement. I offered about 50%. I wanted a full settlement recorded but they said as they are a usa bank they cant. Dont know if this is true?

[daftcow100]

Im just surprised with so many people on here that you havnt been told already!

 

My is exactly the same, it was a VIGIN MBNA card.

 

They have offered me a full and final but it will be recorded as a partial settlement. I offered about 50%. I wanted a full settlement recorded but they said as they are a usa bank they cant. Dont know if this is true?

[sunflower99]

Hi daftcow! I am still waiting about his CCA,No one seeems to be sure about it so i am not sure what to do about it,Goldlady has offered to ask someome on this forum called Peterbrand who is an expert on CCAs to look at it and give his opinion! and bring his attention to this thread i private messaged Goldlady to take her up on her kind offer to arrange this as i am still learning the ropes round this forum ! and i am a bit of a dunce with computers! LOLThat line MBNA gave you about being a usa bank and being tired by USA is a load of well i want say the word on this forumas i might get told of by cag! LOL but the word begins with the first two letters BO---! LOL i saw information about that on another thread they try to spin you a tale about being a Usa bank and only being subject to USA law ,They are MBNA Europe and in UK thyey are bond by uk law! They are telling you lies !Thanks again for interest in my thread and bumping it up for me!Hope you have a nice weekend!

[daftcow100]

Hey I agree with you. Right lot of rubbish. But wonder why they would turn down the cash settlement just because of the way its recorded!

 

Do PM me when you know about your CCA or post the answer on the thread.

 

I am just so surprised that there are so many experts on here and still no one can give you an immediate answer!

 

Have a great weekend!

[andrew1]

Hi daftcow! I am still waiting about his CCA,No one seeems to be sure about it so i am not sure what to do about it,Goldlady has offered to ask someome on this forum called Peterbrand who is an expert on CCAs to look at it and give his opinion! and bring his attention to this thread i private messaged Goldlady to take her up on her kind offer to arrange this as i am still learning the ropes round this forum ! and i am a bit of a dunce with computers! LOLThat line MBNA gave you about being a usa bank and being tired by USA is a load of well i want say the word on this forumas i might get told of by cag! LOL but the word begins with the first two letters BO---! LOL i saw information about that on another thread they try to spin you a tale about being a Usa bank and only being subject to USA law ,They are MBNA Europe and in UK thyey are bond by uk law! They are telling you lies !Thanks again for interest in my thread and bumping it up for me!Hope you have a nice weekend!

 

 

" Goldlady has offered to ask someome on this forum called Peterbrand who is an expert on CCAs"

 

it's Peterbard...he knows a thing or two and search his name and you find his works

 

Also, if this goes as far as getting a Deed of Assignment, make sure your agreement is constructed under UK law and not IRISH as have been found in some Cabot Dca dealings - they take people to a UK court when they were actually governed by IRISH law if you read through the paperwork... just another little gem found by the Cabot Fan Club

 

Sarah;)

[hellhasnofury]

Hello Sunflower,

 

Goldlady has kindly put a link to your thread on the mammoth thread consumer credit act for other opinions.

 

Here is a link to peterbards thread regarding the enforability of a ca:grin: It makes good reading whilst waiting.

 

[/url] Agreement Enforceability

[sunflower99]

Hi daftcow! Yes it is a bit strange that they are being funny about how it is recorded and saying that thye will only write it on credit report as a 50% settlement If they really mean it to be a final settlement and are promising not to chase you for rest in future they should record it as a full settlement,Does make you wonder why they will not record it as fully settled and wonder if they they are playing games with you.Since subscribing to this forum i am quickly learning that banks and DCA not to be trusted,Did they put this offer to you in writing?

[car2403]

Your right to question whether the T&C's are contained within the same document. As the credit limit, interest rate and repayment prescribed terms appear to be in a different document, it would seem that this agreement is unenforceable due to s.61/s.65/s.127(3) CCA 1974.

 

There is a but, though... (sorry!)

 

If, (and it's a BIG IF!) and only if, those terms are in the same document, the debt would be enforceable.

 

The main issues are:

 

* assignment / notice of assignment

* correct amount on any default notice

* correct amount on claim form

* enforceable credit agreement

* penalty charges / collection charges.

 

Have you sent them a DPA SAR yet?

 

In the meantime, I would send them this to get the ball rolling;

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

[sunflower99]

Hi Andrew! Thanks for info about more dodgy dealings and dodgy agrremenrtt made by these banks and DCAs; Those links will be interesting reading for me and thanks for recommendation about peterbard i did start to read some of his threads and found he does know a lot about cca agreements so it is wonderful if Goldlady is able to get his input on my cca enforceability! Sorry i got his name wrong! My brain not functioning a 100% in evenings What with all the worry about my financial problems and ccas i usually feel very tired by end of dayas brain in a bit of a whirl what with it going round in circles all the time worrying about things!Thanks again for your help and moral support i will be reading up on those threads you directed me too.

[sunflower99]

Hi Car! You are wonderful! I cant thank you enough!That post you just sent me was incredibly helpful and i will be takeing your advice and sending them that letter by recorded delivery I always thought it a bit strange that this CCA was so bitty and that it was a bit suspect that the t and c s were not attached to same side or page of signed bit.Your letter is certainly worth a try!THanks again

[sunflower99]

Hi Hellhasnofury Thanks for keeping me up to date with things and that Gooldlady has put my CCA details on another thread as well that will give it more attention from people who specialise in CCAS advice!Also thanks for link to that thread from peterbard.i have been reading some of his posts and they are very informative and helpful.I am going of to post office in minute to post of my telephone harresment letters both to MBNA and RMA,After that i am going to try and chill out and enjoy my weekend and give my brain a bit of a rest from worrying about DCAS!Just hope those harresement letters do some good as it was outrageous that RMA phoned my workplace ten times in spite of being told by my boss that i do not take their calls at work!Luckily they seemed to have stopped for the last few day trying to contact me at work but i get plenty of phonecalls at home that i suspect are them but they dont get much joy there as i just pick up the receiver say nothing and now they say nothing either! They are a strange company though as they seem to go through cycles of harressing me at work,one day they are countinually ringing my workplace another day they leave me alone at work!Thanks again for all your moral support and advice and friendship request.It is lovely to know i have friends on this forum and makes me feel not so alone!

[sunflower99]

Hi all interested in this thread! I have posted my telephone harresment letters to MBNA and RMA by registered mail,Somebody at work knows of a good solicitors that offer free legal clinics to deal with and look at debt problems.i am thinking about going there and showing them MBNAs cca and bringing up my concerns about it !I can also ask their opinion on all those haressing calls that i get ,i suppose it will be worth a try!

[decker]

Hi

I has being paying MBNA as part of a DMP for 9 months, but they have defaulted the account and applied for a CCJ. I have requested a copy of the CCA from 2001, does anybody know of any problems with MBNA credit card agreements from 2001 via Alliance and Leicester.

I will be fighting them all the way because they are the worst company I have dealt with and are not beyond lying and harrassment. Especially since all the interest they has out of me the previous 8 years.

Thanks in advance.

[decker]

Hi

The Information Commissioner would be the person to pursue a complaint with especially calls to third parties and giving information to third parties. MBNA do that all the time especially Neil the cretin.

[sunflower99]

Hi decker! Yes i have been having a nightmare with MBNA and their bully boys RMA with their haressing phone calls,Still i have only just posted thr haresment letter so just hope they take notice of it,Have you complained about their phone calls?At moment when ever they ring i just pick up the receiver and dont say anything and often they dont either! LOL and i now wait for them to put phone down.My boss and me on the occasions we do speak tothem say that i dont take phone calls and all communication to be in writing!but they dont take any notice! Now they have sent me cca which is vey bitty and no proof that they are all connected to original signed agreement!All the ts and cs on seperate pieces of paper or alleged to be overleaf so no,proof to me they are connected!So even when you are in DMP plan they give you hassle,Their interest rates are horrendous and make even the other credit cards look reasonable!