MBNA trouble

[shaaarn]

Having not had much luck with Capquest CCa request I have sent a similar request to another debt of mine - MBNA (Virgin Credit Card).

 

The 12+2 days have passed with no reply then a few days later I received a letter containing print outs of transactions carried out regarding charges to my credit card account and nothing more. So as far as I am aware they are in breach of the request, I am now waiting for the 30 day period to elapse of which Im about 8 days in with 22 to go (is the 30 day period working days?)

 

Ive just had a call from MBNA (even though the letter states everything to be in writing from now on) saying that terms and conditions were sent out (they werent) and they have had no reply or payment from myself (which they havent until they supply my CCA).

 

The lady on the phone was abrupt and mentioned that once they do supply the terms and conditions that I have 14 days to pay the balance. Is this the case as I must admit it has me worried?

[ScarletPimpernel]

Classic MBNA nonsense. MBNA tend to ignore everything you send and make things up as they go along. Stick with it; you'll probably get more and more frantic demands for payment, but until they comply properly with your CCA request they can do nothing.

[miaow99]

No, she's talking rubbish. Don't answer phone calls from them.

 

The 30 day period is irrelevant now - that law has been superseded.

 

Write the "telephone harrasment" letter to them (it's on the site here somewhere).

 

Also reply to their statement, saying "you have not complied with my request". Section 77-79 requires you to send me a true copy of the executed credit agreement. You have not sent me this." Or something like that.

[shaaarn]

Thank you Scarlet for your kind words, MBNA are playing dumb and making out theyve sent it. I should have stopped the conversation on the phone short really and regret providing any info to them at all. Couple of queries though-

 

Was it my responsibility to let them know that they were in breach as 12+2 days had passed, they said I should have informed them but I was waiting for the full time period to elapse.

 

Does anyone know what the next step is if they do find it though, I just want to be ahead of them and expect the worst.

[shaaarn]

Miaow99 my posting was a bit slow there can you explain the 30 day rule being superceded?

[eastendboy]

Hi shaaarn, the criminality aspect of S77-79 has been removed, but then again, it was probably never actioned anyway!

[shaaarn]

Please excuse my ignorance does that mean that I still have to wait for the 30 days to elapse?

[eastendboy]

No, but then you never had to. After the 12+2 the account is in dispute. The extra 30 days used to mean that the DSA had commited a summary criminal offence, but no more.

[shaaarn]

So eastendboy if they dont supply the info within 12+2 days the account is in dispute, but if they then supply it after this time period where do I stand?

[eastendboy]

Once the account is in dispute, then all debt collection activities should cease until the dispute is resolved. However, should they then produce a CCA later the dispute has then been resolved, but at this stage, let's go one step at a time:) If and when they supply a legitimate CCA, come back to us and we'll take it from there.

[shaaarn]

Sorry eastendboy my query was actually relating to a capquest cca request that turned up 20 days after the request.

[eastendboy]

Thought we were still talking MBNA:) Still the same applies to the capquest cca and reading your 1st post it doesn't sound too much like a properly executed CCA as per the 1974 Act.

 

You are right in saying that they are in breach of your request, and until they provide the correct paperwork, then that account is still in dispute also.

[OnMyWayOut]

If it turns up AND it's enforceable, then the dispute is over and you have to deal with them. If it turns up and it's not enforceable, the dispute remains.

[citizenB]

Thank you Scarlet for your kind words, MBNA are playing dumb and making out theyve sent it. I should have stopped the conversation on the phone short really and regret providing any info to them at all. Couple of queries though-

 

Was it my responsibility to let them know that they were in breach as 12+2 days had passed, they said I should have informed them but I was waiting for the full time period to elapse.

 

Does anyone know what the next step is if they do find it though, I just want to be ahead of them and expect the worst.

 

No, it isnt your responsibility to advise them they were in breach. They are just playing mind games.

 

In future just refuse to answer their security questions if they phone and/or hang up:D.

[cashins]

The longer it goes on with MBNA, the better of you are.

 

In my experience, if they have something, they send it and then try and convince you that it's enforceable. In my case, the small print on the ag is totally illegible, (so tough titty MBNA).

 

Bear in mind the sole purpose of the collectors is to get money and they don't care how they do it.

 

How old is the agreement?

 

David

[shaaarn]

David Ive had the credit card for approx 7 years and have stopped paying towards it recently until they give over a CCA.

 

Sorry to confuse things eastendboy, I was enquiring latterly with regards to my egg/capquest cca request which has got my mind ticking over as to whether or not its enforceable now. It looks right, with my correct signature, the right address for where I was at the time, the amount of credit made available, the interest rate stated as well.

[cashins]

David Ive had the credit card for approx 7 years and have stopped paying towards it recently until they give over a CCA.

 

 

Some were, some were not from around then.

 

David