Just don't know what to do with MBNA

[purpledelly]

I am back seeking a little advice on MBNA having previously posted somewhere else on these forrums about them..

I'll try to be brief...

 

I CCA'd MBNA about 6 months ago after being on a DMP with CCCS for 2 years and then taken it over myself. I decided to ensure all debts were enforceable and wrote to all creditors with CCA requests.

 

I never received ANYTHING from MBNA. They ignored me for a while, then eventually about 2 months ago I began getting 'normal' statements as opposed to my 'special terms' statements I had whilst on the DMP. THis involved adding interest back on and late payment charges, as by this point, I'd stopped paying them as they had no CCA.

 

I then got threatening letters and phonecalls. So, on the advice from the other forum on here, sent a cformal complaint to MBNA. I finally got a reply to my complaint today which makes me want to bang my head on a brick wall

 

I will summarise, but basically they say they feel they have no case to answer, that I am liable for the debt and they won't stop chasing, that they sent me an application form which meets the criteria under s.78 (they sent me NOTHING - or at least I honestly didn't receive it). It also mentions how they will not stop processing my personal information as I allowed it as part of the management of my account with them.

 

It basically says that they don't see the account as in dispute, will not enter into further correspondence about it and I can complain to the FSO if I want.

 

I am at the end of my tether with them. I know they can be pigs but I just don't know where to go with it, or what they will do next. I honestly haven't received anything from them - if I had something enforceable from them I would begin negotiating payment but I haven't and surely if they really had sent me anything they would have re-sent with this letter just to be sure?

 

I plan to complain to the FSO but am not sure what to say or if it will do any good.

Please can anyone advise if I should now do anything else to deal with MBNA as they are adding interest and charges and there seems no way of dealing with this other than agreeing to pay them

 

Sorry this turned out so long

[Pinky69]

They haven't provided you with anything so as you are in charge of proceedings, not them, you now give as good as you got - and better!

 

 

Dear Complaints Department Lackey,

 

I refer to your letter dated(date) which was delivered to me on (date), the contents of which are noted.

 

However, I must point out that MBNA have failed to respond to my request to supply me a true copy of the original Consumer Credit Agreement for the above account, and by continuing to demand payment, you are in breach of the Office of Fair Trading guidelines on debt collection.

 

I require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under Section 127(3) of the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

As you are no doubt aware section 77(6) of the Consumer Credit Act states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

Whilst the account is in dispute, you are not permitted under Section 40 of the Administration of Justice Act 1970 to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party), nor are you permitted to pass the account onto any third party for collection.

 

You now have 14 days from receiving this letter to contact me with your intentions to resolve this matter, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards, alongside any other regulatory bodies as deemed appropriate. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the complete documentation I have requested. Should you not have any signed credit agreement in relation to this alleged debt, you must confirm this in writing to me.

 

No further correspondence will be entered into until the required documentation has been produced to my satisfaction and is legally acceptable.

 

I would appreciate your due diligence in this matter and look forward to your reply. If there is anything about this addendum to my complaint you do not understand then I suggest you take competent legal advice.

 

 

Yours faithfully

 

(Print Signature)

[purpledelly]

Thanks for that Pinky. I guess I just feel I'm writing variations on the same letter so often and they are just ignoring it.

 

Does anyone think I should take the complaint forward with the FSO? Is it worth it? What good might it do?!

[Windywoo]

I have already took my complaint to the FSO, MBNA provided me with an application form and current T&Cs. The FSO basically sat on the fence, and said that it would be up to the courts to decide whether the documents were enforceable or not, they were not helpful! MBNA, of course think it went in their favour, however, stange as it seems, I have had offers of 50% reduction for settlement of the account since. Says something doesn't it? MBNA know it's unenforceable!!

[purpledelly]

Are you paying the 50% windywoo or not bothering as they haven't got a CCA?

I had one letter from MBNA (amongst the many threat-o-grams) saying they could offer me a 'substantial reduction' to settle the account if I phoned them immediately. Which I didn't.....!

[Windywoo]

No I'm not! Until such time they have the correct proof that there is a debt, they won't get a penny. BTW my account has been passed to their inhouse collections dept. DCR&I!!

[cashins]

Until such time they have the correct proof that there is a debt, they won't get a penny.

 

Hi guys,

 

I'm in the same boat as you with this shower - the above view applies, last paid them six months ago.

 

My CCA is illegeable, TS don't want to know, it's with the FOS but I'm not expecting much from them either.

 

I would assume that you have been bombarded with offers of a secured loan to clear the debt. This is a clear breach of OFT rules, therefore an offence under CPUTR 2008 but again TS are desperately trying to do nothing about it.

 

I really don't know what this company has to do before they are brought to book, shoot someone??

 

I do have the satisfaction however of them getting all apoplectic, while I really don't give a damn. An added bonus is I can laugh in their face, (oh dear, they come over all hysterical at that), when I pop up on their phone list now and again.

 

I am expecting the account to be sold off soon, (again a breach, account in dispute), hopefully to some chancers who will issue a POC on it.

 

David

 

David

[Windywoo]

 

 

 

 

 

 

I would assume that you have been bombarded with offers of a secured loan to clear the debt. This is a clear breach of OFT rules, therefore an offence under CPUTR 2008 but again TS are desperately trying to do nothing about it.

 

 

 

David

 

Yes, I've had all their offers of secured loans, asking relatives for help - this is absolutely disgusting.

 

I made my last payment to them September 2007, they defaulted me in April, as I said before, their inhouse monkeys are dealing with it at the moment.

[ScarletPimpernel]

MBNA are immensely frustrating to deal with, not least because they seem to be unable to find their corporate rectal orifice in conditions of complete illumination.

 

It's not just incompetence, however, they appear to be deliberately devious and mendacious in their dealings, behaving as if they are above the law.

 

I sat tightwhilst they ran through their range of threats, until they flogged the account to a DCA, who went away when advised that the debt was disputed, no CCA etc., etc.

[purpledelly]

MBNA are immensely frustrating to deal with, not least because they seem to be unable to find their corporate rectal orifice in conditions of complete illumination.

 

It's not just incompetence, however, they appear to be deliberately devious and mendacious in their dealings, behaving as if they are above the law.

 

I sat tightwhilst they ran through their range of threats, until they flogged the account to a DCA, who went away when advised that the debt was disputed, no CCA etc., etc.

 

Hi ScarletPimpernel

I think you've hit the nail on the head - they just hope to wear one down with their circular approach to everything - threats one minute then nicey nicey offers the next, then pointless and meaningless long letters another.

 

So has yours 'gone away' now - i.e. have they stopped hassling you since the DCA decided not to pursue it? If so I will hope that they will pass mine on eventually!!

[Pinky69]

They probably will pass it on eventually - they pass everything on. I got rid of them when they passed it on to a DCA, who sent me a newspaper cutting purporting to be a credit agreement! You have to laugh - pillocks!

[Jipdog7]

MBNA phoned and sent me three seperate letters yesterday, including one in which they claim they've been told I've gone away. If they carry on doing that they'll wish that I had!

[ScarletPimpernel]

They probably will pass it on eventually - they pass everything on. I got rid of them when they passed it on to a DCA, who sent me a newspaper cutting purporting to be a credit agreement! You have to laugh - pillocks!

 

The reverse of the alleged agreement that MBNA sent me had an advertisement on it.

 

I dealt with them recently for someone else and the eventually sold the account. On instruction I made an offer of a full and final settlement of about 15%, but warned the buyer/DCA that the offer was made despite MBNA's failure to comply with a CCA, and that if they didn't accept the offer then they should consider the account in dispute and unenforceable. They replied saying that they would consider the offer, since when there has been silence. The same buyer just gave up in my case, too.

 

I suspect that anyone buying portfolios of debt from MBNA probably accepts that a percentage will be unenforceable turkeys, and that it's cheaper to give up on them and concentrate on people who aren't aware of tehir rights.

[citizenB]

i refer to virgin mbna ref richard branson..... any peopler that have fought mbna and won plse advise as going to a debt company doesn't relieve me as i am payinmg for a service i could do myself! thanmks people!

 

, I did wonder where Richard Branson came into the picture.

 

Hillen, I am going to move your posts into a thread of your own as you have reawakened a thread which has been dormant for some while now. I will private message a link to the thread when it has been set up.

[citizenB]

here you go hillen

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290846-hillen-v-mbna

 

YOur very own thread link as above.