CCA REQUEST TO MBNA my journey by Maz

[lexis200]

Sadly I do know:rolleyes:

 

I've had to force myself not to come on in the evenings recently, after many many nights of hubbie saying I should come to bed, and me answering with 'yep, I've just got one more page on this thread'. Then obviously getting sidetracked, opening up 4 other threads which lead to more threads, and eventually getting to bed at 3:D

 

It's just too addictive getting to know your rights...

[lexis200]

Hello!

 

Just wondering if you've had any updates?

 

Lexis:)

[The GodMother]

Sadly I do know:rolleyes:

 

I've had to force myself not to come on in the evenings recently, after many many nights of hubbie saying I should come to bed, and me answering with 'yep, I've just got one more page on this thread'. Then obviously getting sidetracked, opening up 4 other threads which lead to more threads, and eventually getting to bed at 3:D

 

It's just too addictive getting to know your rights...

 

 

No Comment.

[RedVixen]

subbing

[angel_1]

hello all

 

welcome to those of you newbies who have subbed, i do hope my thread is of help and it makes sense, cos if it does pls let me know lol

 

anyway, a bit of an update after my latest mad letter, it appears they have now understood or decieded that im complaining,,,oh only took them a few months to realise that, but anyway i think they have finally got the message so will awiat on the latest reply from them and let you know,

 

i will see what their next move is now, keep happy and chill, ciao for now maz

[angel_1]

No Comment.

 

 

plsllslslslslllllllll pls can i just say "Get me Outa of here"......;lol

 

 

 

off to bed have a fun day ciaooooooooooooo maz:grin:

[sunflower99]

Hi Maz.just popped onto your thread to say hallo and see how you are doing!I am so glad you have found some more amunition in you sar request to help you in your war with MBNA! I have sent of Cars letter to MBNA telling them that their response to my cca request not good enough and should be the true original copy.and thanks for providing me with a tip about also bringing up the fact that their CCA is almost unreadable!Hope you have a nice weekend!

[roony]

you'll have to split the case into 5 if you want to small claims or 2 or 3 if you want to fast track

 

check my thread for a way of not using a cca, i only have the one atm lol

[angel_1]

hiya update

 

they have sent a final letter i need to go the fos

[angel_1]

update on this

 

they say have supplied the terms and conditions and the faint illegible cca's so have considered all for me, and sent final letter and refers me to fos,

 

i will be sending fos the information

 

will this now continue as a dispute ? until the ombudsman declares them right or sits on the fence or heaven help actually says possibly we are right? holding my breath

 

if it continues as a dispute until the ombudsman comes to a decision i can continue to withhold payment?

 

they also cannot add further charges or interest ?

 

also as ive 3 claims for the same creditor should i do 3 seperate claims and put each information on each claim as the final letter summised all 3 accounts?

 

i dont want the 3 accounts mixed up in anyway, i want them treated seperately can i do this?

[angel_1]

update on this

 

bumping up as need advise pls on my previous post

 

my daughter took a call today and they told her a number for me to call them back,

 

im upset that they have manipulated my daughter to be used as my PA, when they have already had a letter in the past to discuss all in writing to me and from me,

 

i think i need a strong letter in responce to this and also should i mention info being sent to fos too, will now post on monday

 

and no i wont be calling them back, im looking to see if i can find my previous letter so i can include this to all and also maybe now a direct complaint to ts and oft?>??

 

many thanks im off to do a coffee and i will be here for a few hours

 

ciao maz

Edited November 30, 2008 by maz1964

[angel_1]

Hi

must jus pop in to comment.

I believe ignoring is not the best policy, I would not wish to be ignor-ant.

Any creditor legit or not will appreciate correspondence over silence, even when it makes em fume! (I've had to chase debts sometimes)

Communication keeps the world turning.

When I have tried ignoring creditors things jus seem to get worse

and when I've communicated it all feels better even if its not!!

Clear the head--get on paper

Cheers

 

H & H

 

 

hiya H & H

 

i really did take your advice and i got then the Final letter, lol

 

so there is me up for a good communication and i got stopped in my tracks so to speak .... this is funny

 

oh well onto the fos i guess now unless all you kind caggers can now advise on my previous couple of posts

 

have a fun day ciao for now maz

[sunflower99]

Hi Maz! Thought i would pop on and bump up your thread! I know it is worrying not knowing what to do for best!and quite often in situation where you get conflicting advice,especially when we are new to the game,I hope someone pops onto give you advice soon!It will be interesting to find out what FOS opinion is though,

[angel_1]

many thanks Sunflower,,,,how are you okay?

 

im just so cross today, im fired up to doing anything in writing of course lol

 

ll wait on the experienced caggers like you say we are pretty new to all this

 

take care and cya soon ciao maz

[lexis200]

Hey maz:)

 

I think if you haven't already this looks like it needs taking to the FOS. From what I remember the 'agreement' was a scrap of paper with something illegible on it (but that didn't appear to be the prescribed terms)? If this is the case and they're refusing to budge, there's not much else you can do.

 

I'm not sure how to go about the whole FOS thing though. I've been trying to read RMW's excellent thread, but there's too much going on round here at the moment for me to concentrate properly, so I haven't got far through it.

 

I also don't know if you do separate complaints for each, or if you can do 3 in 1.

 

In fact, looking at my post now, it appears I'm only able to give moral support rather than actually being useful:rolleyes:

 

At least I'll have bumped this a bit for you:D

 

Take care

 

Lexis:)

[angel_1]

HIYa LEXIS

 

oops sorry caps,,,i got interrupted a friend just called was thinking of posting you a message actually thanks for the bump

 

yes im off for the rest of the week, and will be putting my cases to fos

 

i was advised by cb on another of my threads i think the alliance/leice if i recall but anyway

 

have a look at my monument thread,,,so excited,,,,,,,

 

sorry to divert you all but pls take a look,,,,,,,

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167979-cca-monument-my-journey.html

 

 

ciao for now maz will update you tomorrow on this thread

[Hopeful1]

update on this

 

they say have supplied the terms and conditions and the faint illegible cca's so have considered all for me, and sent final letter and refers me to fos,

 

i will be sending fos the information

 

will this now continue as a dispute ? until the ombudsman declares them right or sits on the fence or heaven help actually says possibly we are right? holding my breath

 

if it continues as a dispute until the ombudsman comes to a decision i can continue to withhold payment?

 

they also cannot add further charges or interest ?

 

also as ive 3 claims for the same creditor should i do 3 seperate claims and put each information on each claim as the final letter summised all 3 accounts?

 

i dont want the 3 accounts mixed up in anyway, i want them treated seperately can i do this?

 

Hi Maz

 

Yes the claim should remain a dispute. It may also be worth copying your complaint to trading standards. If the agreement is unenforceable they obviously shouldn't be adding interest / charges. If it were decided it is enforceable then they are entitled to add interest, but of course you can reclaim charges.

 

This is now my personal view. I withheld payment from Weightmans who were collecting on behalf of HFC because they did not provide an agreement. I wanted the agreement to look at the PPI and what i'd actually signed up to. 10 months later they issued legal proceedings and lo and behold an agreement turned up that appears to be enforceable. I am now in a real battle and will not come out of it unscathed.

 

Because of this i would not offer any advice with regards to withholding payment. It has to be a personal decision and one you are happy with.

 

I don't want to worry people, but i just want people to remember things aren't always as straightforward as they should be.

 

Obviously if you wish to have the debt declared unenforceable and to leave it at that, then to make payments / reclaim charges would contradict that.

 

So i'm ending a little like Lexis, leaving you with lots to think about and not necesarily all the answers!!

[sunflower99]

Hi Maz!

How are you! So sorry things are difficult and you in a diliema about what to do next! I know it is not always easy to know what next move should be,I have heard on other threads though that it does not damage your case to much if your account is in dispute because of a unenforceable or no CCA if you offer to and do make regular payments as there was some case quoted where payments in this case were voluntary good will payments and viewed as a gift or something and not stating that you had an enforceable agreement as such!I cant remember where i !saw this thread! but sure i saw that somewhere!

[AA99]

Hi Guys! OH and I have ended up with 3 accs with our friends. 1 in my name, 2 in OH's. Our friends have been lumping his 2 together (AA99 v MBNA Accs.2&3) and mine separate (AA99 v MBNA Acc.1).

 

We received a blaaaaaaaaaaaah CCA for 2&3 and nothing for Acc.1. Am waiting for SAR's for both of us (21st Nov) and will be LBA'ing them next. Haven't paid a penny to any of the accs since 08 Sep when we first approached them with a Hardship Letter and I&E Form, so they can keep adding their 30% interest and charges every month for all we care! We shall be happy to repay our debt on our terms once they agree....... otherwise they can also have £1 p.m. Our Credit reputations are already st****d so we don't care any more

 

Keep on keeping on !

[Sparkie1723]

Just taken this little snippet into the charging of interest on late payment charges etc

Taken from the CCA amendments 2006

 

"In addition, interest on default sums will also be restricted to simple interest.

Failure to comply with the above requirements will impact on an agreement’s enforceability"

 

THis means that when they apply late payment charges to your account ...if they charge you compound interest on it...it "could " make the agreement hard for them to enforce.

 

sparkie

[The GodMother]

now thats interesting

[angel_1]

hiya sparkie and godmother,

 

how does this make is possible for us to check how they have applied the interest

 

thanks for the info by the way im still learning along the way

 

ciao for now maz

[The GodMother]

thats the same question as i was gonna post up Maz.

 

Any way i dont under stand the difference between interest rates and ompound interest so is there somine who can explain it in simple terms for me.

Edited November 16, 2008 by The GodMother
Adding a bit and spelling

[Sparkie1723]

thats the same question as i was gonna post up Maz.

 

Any way i dont under stand the difference between interest rates and ompound interest so is there somine who can explain it in simple terms for me.

 

Hi GodMother,

 

I'll try and explain in simple terms but someone who works in accounting or a bank would be best qualified, I'll post a couple of simple sums in a few minutes.

 

sparkie

[angel_1]

hey Godmother great minds think alike...lol

 

many thanks sparkie very much appreciated ciao maz