TETSUO Vs MBNA (they with the upper hand!)

[banker_rhymes_with]

Hello TETSUO!

 

Well, have they still got the Original Document, that is the question.

 

If not, then it's not quite an instant victory for them.

 

The thing looks like a Microfiche Scan...note the dark black areas around the edges of the first page.

 

In that case, doubt starts to creep in. If they start coming for you, then this Thread may be of interest:

 

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

The key is to establish if you can throw any doubt on that Agreement. After all, if they no longer have it, how can anyone tell it's not some cobbled together thing that they are trying to pass off as an Enforceable Agreement.

 

If you question its validity, and they can't come up with some blinding reasons to confirm it is genuine, then you may yet turn the tables on them.

 

Finally, best to avoid using the Telephone with this bunch. Keep everything in writing from now on, and keep all Envelopes of any Letters or Default Notices they send you.

 

Cheers,

BRW

[banker_rhymes_with]

Hello TETSUO!

 

Should I call them and point this out, or take the risk of sending a letter monday and risk a visit from their colection Gorillas?

 

I would not advise that you Call them, as that is clearly what they want, and you don't want to be doing what they want, now do you!

 

But I can't say I've seen that one before. This may suggest they have been busy little banking beavers creating some new Threat Letters to add to, or to replace, some of their older Threat Letters. By responding, either way, this confirms their Letter was received, so they get the Confirmation of Address that may've been the real purpose of this Letter. Plus, as an added banking bonus, they may even get the chance to grab some Debit Card details from anyone that does Call!

 

However, given that it does contain a Threat to send someone around, it would be best to reply with the Harassment/No Visitors Letter. If you have not already done so, send them this...just edit, as needed, to fit your own situation:

 

In the event that you intend to escalate the above Harassment to include Doorstep calls by your Employees or your Agents, please be advised that under the Office of Fair Trading (OFT) Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as Written Communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees or Agents or Representatives to visit me at my property and, if any of the above does so, your Company will be liable to Damages for a Tort of Trespass and Civil Action will be taken.

 

On the other hand, if you have already sent them the Harassment/No Visitors Letter, then just do nothing, and file it under MBNA Harassment. I would advise that you keep the Envelope it came in, to keep your records fully up to date. Make a note on both Letter and Envelope when this was Received, as you want to build up a full History of every piece of correspondence from them.

 

Why?

 

Well, if/when they send you something important (for you) such as:

 

Default Notice.

Notice of Termination.

Court Claim Paperwork.

Notice of Assignment.

 

The Date of Posting could be very, very important. That's because the Date of Posting sets the Date of Service (see Section 7 Interpretation Act 1978). You may one day need all the evidence you can get to try and pin-point the Date of Posting.

 

Given that we know many bankers like to play games with Back-Dated Letters and/or Late Posting to give Consumers as little time as possible in which to respond, you would be wise to build up evidence that may show a pattern of abuse in this respect.

 

If you retain all Letters and all Envelopes, and link these via Received Date Stamps, your MBNA File will show a long track record of how long MBNA takes to get things to you. It'll also show a pattern of Letter Dates, to Received Dates, with the odd Postal Date thrown in if they use a Dated Franking Stamp. The aim is to one day pin-point as many Postal Dates as possible.

 

This History may one day help to swing a Judge into accepting that they failed to Serve you with something on time, especially if they cannot produce any Proof of Postage. IOW, if all of their other Letters show a pattern, then it may suggest they have been guilty of either back-dating Letters or extreme laziness in terms of Posting them.

 

If they have issued, say, a Default Notice, but before Posting it to you they elected to spend a week playing Golf before they could even be bothered to Post it to you, then it will not have reached you in sufficient time to be afforded the correct Statutory time limits for responding.

 

Of course, if it ever goes to Court, because they are a large sophisticated financial institution, they will just swear blind it was Posted on time. In Court, it'll then be their word against yours. However, if you have a nice fat Folder of Letters and Envelopes showing a clear pattern, them swearing blind might not have the desired effect in Court they were anticipating.

 

It'll go from a situation of their word against yours, to a situation of their word against your word backed up by a blurdy big Folder of Letters and Envelopes, all Dated to show when you received them, and all suggesting their word may not be worth diddly squat.

 

One day, that's if I can crack the Orange Royal Mail Postal Barcodes present on many Envelopes, these Envelopes may yet show a Date of Postage from the Barcodes (that's if a Barcode is present). Then the clear Evidence of delayed Posting will be there for anyone to see. This will not be hearsay evidence, it'll be 100% original hard Evidence.

 

In that case, them swearing blind they Posted on time will then be shown to be a Terminological Inexactitude. Telling Pork Pies in Court won't go down too well!

 

Finally, if anyone reading this works for Royal Mail, please make contact if you can shed any light on the Light Orange Routing Barcodes that appear on most Letters. I know these are not based on RM4SCC.

 

Cheers,

BRW

[banker_rhymes_with]

Hello TETSUO!

 

Any glaring errors?

 

Looks fine, only one minor tweak: if you know the banker's name and start by saying Dear right banker, then it should really end with Yours sincerely.

 

If OTOH, you don't know the name and start Dear Sir/Madam, then the Letter should really end with Yours faithfully.

 

But this doesn't matter that much, the banker won't know this, and probably won't read that far when he/she/it realises there is no Payment in the Envelope...it'll go straight through their Shredder on the way to the Bin.

 

However, so long as you keep a record of the Letter being sent/delivered, that is all that matters. That's the evidence that you warned them not to send any Doorstep Callers.

 

Then, if/when they do send someone up your Garden Path, you can thrust a copy of your No Visitors/Harassment/Trespass Letter right under their bugle, before ordering them back down your Garden Path and right off your Property.

 

Call the Police if they have a problem with leaving.

 

Cheers,

BRW