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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Me, Myself & MBNA - Help required

Gertrude-Loves_Credit

By Gertrude-Loves_Credit
in MBNA

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Fred Bassett

Fred Bassett

Posted
Posted
Decker,

 

MBNA work very closely with the CCCS and Payplan as they don't charge their customers. But they aren't able to accept as low payments as other companies are.

 

If people are in debt with MBNA and can't pay the normal payments they look at debt management programs. The least they can accept monthly is 0.8% of your balance, which will pay it down over 10 years. If you can't do that then they will freeze the interest and fees, but the account will default after 7 missed payments

 

MBNA will only look at legal action if they believe you have the money to pay, but are unwilling to do so.

 

MBNA can accept whatever payments they wish - they just choose not to. In most cases they push their luck, threaten, bully and make people so desparate that they turn to forums like this one. At that point, people realise that MBNA are completely and utterly useless, don't have the paperwork and can't enforce the debt. Then MBNA end up with nothing - not even 0.8% per month.

 

If MBNA chose to deal with people in a better way they would gain a great deal, but they don't and it is their own fault.

 

Fred

  • Haha 1

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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emmaf01

emmaf01

Posted
Posted

MBNA has to accept whatever you can afford. Look at your incomings, outgoings and priority debts. The portion out what is left to your creditors in proportion to how much you owe them.

 

MBNA has to accept this- if they decide to make idiots of themselves and take you to court, the court will not ask you to pay more than this and in some cases, less.

 

Of course they must provide you with a CCA before you pay them a penny- in MBNA's case, they appear to have had an infestation of document eating mites in their archives, or an incredibly lax attitude to their statutory obligations! I wonder which...

 

And as far as working closely with Payplan and the CCCS, I am quite shocked by that. Is that some reference to donations to these charities? Because, talking to someone who works for the CAB, they said MBNA were horrendous to deal with and unwilling to negotiate frequently, for no good reason.

  • Haha 1

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Fred Bassett

Fred Bassett

Posted
Posted

It didn't take you long to work it out then Emma!

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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decker

decker

Posted
Posted
Decker,

 

MBNA work very closely with the CCCS and Payplan as they don't charge their customers. But they aren't able to accept as low payments as other companies are.

 

If people are in debt with MBNA and can't pay the normal payments they look at debt management programs. The least they can accept monthly is 0.8% of your balance, which will pay it down over 10 years. If you can't do that then they will freeze the interest and fees, but the account will default after 7 missed payments

 

MBNA will only look at legal action if they believe you have the money to pay, but are unwilling to do so.

 

Obviously you have some connection with MBNA, We at the receiving end know what you are like. Never Listen, always sending threatening letters and bullying to get the money. Would never recommend MBNA or its partners to anybody else. I suggest we put a petition on the Number 10 website to pull their credit licence because of their unlawful/borderline criminal behaviour.

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decker

decker

Posted
Posted (edited)
MBNA has to accept whatever you can afford. Look at your incomings, outgoings and priority debts. The portion out what is left to your creditors in proportion to how much you owe them.

 

MBNA has to accept this- if they decide to make idiots of themselves and take you to court, the court will not ask you to pay more than this and in some cases, less.

 

Of course they must provide you with a CCA before you pay them a penny- in MBNA's case, they appear to have had an infestation of document eating mites in their archives, or an incredibly lax attitude to their statutory obligations! I wonder which...

 

And as far as working closely with Payplan and the CCCS, I am quite shocked by that. Is that some reference to donations to these charities? Because, talking to someone who works for the CAB, they said MBNA were horrendous to deal with and unwilling to negotiate frequently, for no good reason.

 

Could check credit agreements using this website

 

edited

 

Not used them myself yet but could be worth a try. It seems that MBNA send a load of accounts to court just to see what they can get for them. Frigtening people to pay what they cannot afford.

Anybody think of a number any number thats how they work.

Edited by HSBCrusher
commercial website link removed
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angel_1

angel_1

Posted
Posted (edited)
Could check credit agreements using this website

 

edited

 

Not used them myself yet but could be worth a try. It seems that MBNA send a load of accounts to court just to see what they can get for them. Frigtening people to pay what they cannot afford.

Anybody think of a number any number thats how they work.

 

 

thanks Decker

 

that link you gave gives out lots of information so will read it more laters

 

ciao for now maz:D

 

Understood the editing now thanks, maz

Edited by maz1964
commercial website link removed

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 2 weeks later...
decker

decker

Posted
Posted
Mine was this last Monday, 13th, no reply or acknowledgement - check my thread AA99 v MBNA :)

 

I would advise a letter stating that they are default and the account at the moment is unenforceable and unless resolved within 28 days you are legally able to stop payment and put amounts into an Escrow Account until the default is resolved by them.

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decker

decker

Posted
Posted

Hi

got a CCJ application struck out due to non compliance with CPR request for CCA and other information.

 

Would a counterclaim for the same amount be the next step for me or shall I wait for them to come back again?

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  • 3 weeks later...
Fred Bassett

Fred Bassett

Posted
Posted
Have not heard anything in more than a month, from MBNA or their sidekicks?

 

Hi Gertrude - don't do a thing except sit back and relax. It takes ages for MBNA to get into gear. When they do you'll get the full array of meaningless threatograms assuming of course that they can't provide a valid agreement (which they rarely do).

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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  • 2 weeks later...
sunflower99

sunflower99

Posted
Posted (edited)
Hi

got a CCJ application struck out due to non compliance with CPR request for CCA and other information.

 

Would a counterclaim for the same amount be the next step for me or shall I wait for them to come back again?

Hi! That is encouraging news that Decker got MBNA CCJ struck out because MBNA failed in cpr request! Just shows that court cases can go the consumers way!:-DWell done Decker!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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sunflower99

sunflower99

Posted
Posted

Hi Gertrudelovescredit

I am fairly new to all this so can only offer moral support!i stumbled acroos this thread and saw the brilliant new that Decker got a CCj aplication struck out which was initiated by MBNA!That post made my sunday!LOL and gives me more hope!I am also a member of the MBNA fan club!They are an awful bank that make no attempt to stick to oft guidlines!and have given me a lot of grief in past over their harrassing calls and even kept phonning me at work trying to embarress and humiliate me at work!one of their agents phoned me ten times in the space of one day!! In spite of my boss telling them that i did not take phone calls at work!However on the advice of this wonderful site me and my boss sent them a telephone harrasement letter!and now MBNA and their bully boys RMA have stopped ringing me at work and MBNA hardly ever phone me at home now.I also sent MBNA a CCa request and they sent me a strange one in several bits which people on forum think is unenforceable so i now have the courage to stand up to MBNA!So there is every hope you will not get an enforceable one!:D Good luck in your battle with MBNA!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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sunflower99

sunflower99

Posted
Posted
Decker,

 

MBNA work very closely with the CCCS and Payplan as they don't charge their customers. But they aren't able to accept as low payments as other companies are.

 

If people are in debt with MBNA and can't pay the normal payments they look at debt management programs. The least they can accept monthly is 0.8% of your balance, which will pay it down over 10 years. If you can't do that then they will freeze the interest and fees, but the account will default after 7 missed payments

 

MBNA will only look at legal action if they believe you have the money to pay, but are unwilling to do so.

Hi Fred Gertrudlovescredit!and Decker!

I cant beleive Mantha said that! LOL.There have been many cases in this forum where that statement has been proved to be uncorrect!and MBNA have hassled people who are on DMP management plans who clearly can not afford to pay MBNA !

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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sunflower99

sunflower99

Posted
Posted

There are only 2 posts on the system for Manthpa both made at beginning of October so it would seem to be just another trouble maker or an MBNA clone, sorry that should have been clown.

 

dpick

Hi dpick!

Yes i thought she must be an MBNA clone! That was a very strange post to put up on a site like this!I suppose there have been quite a few incidences of MBNA clones posting on these threads!Clone is just as good a description as clown! I meant to say! LOL

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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  • 1 month later...
Gertrude-Loves_Credit

Gertrude-Loves_Credit

Posted
  • Author
Posted

Hope everyone had a good christmas.

 

Right I have had a response.

 

They have enclosed a copy of my terms and conditions and a recent statement of account.

 

They say they have also enclosed a copy of my credit card agreement.

Wouldnt this be something with my signature on as no such enclosure was sent??

Also the terms and conditions that they have supplied are not originals and they say sorry for not being able to provide a photocopy of the originals?

 

Any words?

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sunflower99

sunflower99

Posted
Posted

Thats great news ! that you have not got a signed agrreement from MBNA!If they are not able to provide a copy of ooriginals it looks like they do not have your agreement!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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sunflower99

sunflower99

Posted
Posted

Hi Gertrudelovescredit!

My MBNA cca is slightly different to yours in that they have got my signed application form and are trying to fob it of as a cca and are impyint my ts and cs are overleaf! so my letter i sent would have been a bit different to what you need to send.but dont worry that is brilliant they appear to so so far have no signed agreement and is the best outcome i think!I am trying to see if i can find the template letter again for you in that situation .What year did you take out card?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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sunflower99

sunflower99

Posted
Posted

Dear Sir / Madam

 

Account No: $$$$$$$$$$$$$$$$$$

 

Thank you for your letter of 10 April 2008.

 

The information that you supplied however does not comply with a legal request for a true, signed copy of my Consumer Credit Agreement under the Consumer Credit Act, 1974.

 

To date, all that you have supplied is an Application Form with most of the data apparently missing; there are no terms and conditions and as it stands this document is legally unenforceable.

 

What I Require:

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement exists then I require written confirmation of this.

 

I require that you comply with my request within 7 days of the date of this letter.

 

I will not correspond any further with you until I receive a copy of the requested documents as laid down in section 78(1) CCA 74.

 

I am advised that should you persist in pursuing this alleged debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40.

 

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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