Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[toxicdebt]

UPDATE:

 

Today was the day I was threatened with a 'Call' from Mr Green on that postcard. I did send a letter telling them I would only converse in writing and they were not invited to my door etc.

 

All I got was a text message from someone at RMA saying "Mr Toxic We have need to contact you urgently. You MUST call us immediately on 0800 blah blah"

 

I didn't reply.

 

Lets see what they do next.

[Scrapper]

Hi all

 

I'll post an update later today or tomorrow as just on my way out.

 

Mr Green must be a very busy man as he seems to send those cards to everyone

 

Thanks

 

Scrapper Coco:cool:

[Gazza112]

Hi All

 

Just wanted to ask has anybody had a 16 dig credit card number on a application form.

 

Gaz

[underdog13]

I have on HBOS cards

[Gazza112]

Hi Underdog

 

Thats interesting does that 16 dig number relate to your account?

 

Gaz

[underdog13]

Hi Underdog

 

Thats interesting does that 16 dig number relate to your account?

 

Gaz

 

Yes, it's the actual card number.

[Gazza112]

Underdog i'm not talking about the card, i'm talking about the application form what you fill in to get the card.

 

Gaz

[SB100]

None of my applications do- as they're pre-contractual I would very much doubt they'd give you an account number until you'd been approved.

[WelshMam2009]

I'm sure I've seen it done before with store cards...but my memory isn't 100%!!

[underdog13]

Underdog i'm not talking about the card, i'm talking about the application form what you fill in to get the card.

 

Gaz

 

So am I, Gaz;) My card number was written on my application form by the cred after they received my application form.

[SB100]

Sorry, I misunderstood; will check tonight.

[Gazza112]

Hi Underdog

 

No, this 16 dig number is at the bottom of my application. next to the word test which i removed for personal reasons at the time. Also its not even my reference number making it very dubious document.

 

Gaz

[underdog13]

Ah, I see what you mean Gaz! I think the numbers at the bottom of the application form are printers reference codes.

[Scrapper]

Hi all

 

Sorry for the delay, but not been very well (hangover)

 

Anyway my friend is more than willing to point us in the right direction, but he did quote some legal guff at me just so I clear on what I am telling you all.

 

 

1. If MBNA mock up an agreement and present to a court and make it very clear that this is what the original agreement would have looked like then they haven't broken any laws at all.
   
2. If MBNA mock up an agreement and present it as a copy of the original then they are fecked if you can prove otherwise.
   
3. I believe even at this point it has to be the original not a copy for the judge to make it enforceable. Without the original there's feck all he can do as he can't overall the house of lords.
   

You already knew the points above as I listed them last time.

 

Now this is where it gets tricky. If they produce a agreement and present it as the original you will have to bring to the judges attention that they a basically lying and presenting fraudulant documents to the court (naughty naughty) and then provide him with the original for comparison. This is where it could all go very very wrong for you in a large way, because you have now just basically admitted that you acknowledge the debt because your paws are all over it. And presented a signed agreement to a County Court Judge. If after the comparison the Judge is a very p*ssed man / woman he / she might show pity on you and wipe the slate clean as he basically been lied to. Now at this point if it does fall in your favour the judge can fine them, boll*ck them and he also has the power to order an investigation into the dirty dealings of MBNA and see if they have pulled the trick more than once. We all know they have. And at this point we contact everybody on the MBNA forums and put together as much evidence (has to be physical, can't be they pulled that one on me but I don't have the original document) as we can and my friend will put us in touch with someone at the fraud squad. If we have enough for them to make a case they will, but if only a few people come forward then they won't bother.

 

So basically it's all down to the MBNA caggers now as I can't help as I haven't a clue where paper work for last week is let alone 20+ yrs ago.

 

You basically knew the above I've just repeated myself

 

Thanks

 

Scrapper Coco

[WelshMam2009]

I guess the trick is to produce an original agreement by virtue of missing prescribed terms etc so that you claim that it is still uneforceable??

[Scrapper]

Hi all

 

Well the past few days have been interesting, the calls have started again. I've had 15 phone calls to both my mobile and landline even though I've told them twice via letter to remove all my numbers from their database as they no longer have my permission to hold them and to top that off I've had 10 txt msgs asking me to call urgently and the last one I got read as follows:

 

From: Please read

 

This is an urgent message from one of your banks, please call 01244 673052.

 

As far as I'm aware I don't bank with MBNA I bank with a high street bank.

 

They must have the wrong person lol

 

I wonder why they won't take me to court? I keep asking them to do it, but then again I've been asking for all sorts from them and still nothing except their current terms and conditions.

 

All the more evidence in my favour for when I counter claim on their sorry arses for fecking me about for months on end.

 

This is causing me no end of stress and I might have to call the doctor and get some happy pills. As if, got better things to worry about, but might be worth a go and have them for that as well.

 

Think I might hold out abit longer and then make them an offer of sweat feck all

 

Thanks

 

Scrapper Coco

Edited March 25, 2009 by Scrapper

[toxicdebt]

UPDATE:

 

Today was the day I was threatened with a 'Call' from Mr Green on that postcard. I did send a letter telling them I would only converse in writing and they were not invited to my door etc.

 

All I got was a text message from someone at RMA saying "Mr Toxic We have need to contact you urgently. You MUST call us immediately on 0800 blah blah"

 

I didn't reply.

 

Lets see what they do next.

Phone calls have stopped, no more letters from RMA. Time to SAR.

[BlueSquirrel]

Blue Squirrel also has copies of his original agreements. As far as I know he also has yet to receive a copy from his s78 request.

 

Actually Blue Squirrel is a laydeee

 

Have three MBNA accounts, none of them started off as MBNA and yet the "true copies" they have sent are all MBNA. In two cases they have managed to send the original application form which has no prescribed terms on it as part of an SAR. What is with all the coded stuff they send out as part of the SAR, you can't decipher it even with their abbrevation guide. I believe the Data Protection Act requires an intelligible form?

[Scrapper]

Hi all

 

This isn't about MBNA, but Barclaycard. Should start a new thread really.

 

They have sent my SAR back and they have only sent the statements, but their letter stated the following:

 

Data Protection Act 1998 - Subject Access Request

 

Further to your recent request for personal information held by Barclaycard, please find enclosed a copy of the card statements you have requested.

 

This information we have enclosed relating to this account is all that we hold.

 

So no CCA, CPR just statements and nothing more etc etc.

 

What should I do next as they have already told me on the phone that I had payment protection insurance on this card until 2004 and then it was cancelled, but I never cancelled it and they can't tell me what happened. As I'm now unemployed it would have come in very handy indeed. They seemed to have missed this large detail out of the SAR. Me wonders if it's for a very good reason, like they have messed up.

 

Help me please.

 

Thanks

 

Scrapper Coco

[underdog13]

Actually Blue Squirrel is a laydeee Oops, my apologies:oops:

 

Have three MBNA accounts, none of them started off as MBNA and yet the "true copies" they have sent are all MBNA. In two cases they have managed to send the original application form which has no prescribed terms on it as part of an SAR. What is with all the coded stuff they send out as part of the SAR, you can't decipher it even with their abbrevation guide. I believe the Data Protection Act requires an intelligible form?

 

I believe they are supposed to send you info explaining what those codes mean - I'd contact them again to demand it, if I were you:)

[BlueSquirrel]

I believe they are supposed to send you info explaining what those codes mean - I'd contact them again to demand it, if I were you:)

 

I have. They have only sent me a default notice on one but are now demanding the whole balance on all three and the one they sent has the wrong account number on. They did send me a nice postcard with a wheat field on it, not sure what section of the CCA requires that though

[underdog13]

They did send me a nice postcard with a wheat field on it, not sure what section of the CCA requires that though

 

Sounds more like the corn laws;)

[toxicdebt]

Hi all

 

This isn't about MBNA, but Barclaycard. Should start a new thread really.

 

Thats a good idea as this thread is to document my battle with MBNA - nout to do with Scrapper's personal battle with other card co's. (with due respect to all contributors )

 

Best Wishes

Toxic

[Scrapper]

Sorry Toxic

 

[toxicdebt]

Please dont be sorry