Molby's Bar Bill vs MBNA

[molby's bar bill]

Hi all,

 

I've been following some of these threads as I'm in a similar position to several people on here and thought it was about time that I got my backside into gear and did something about it.

 

I sent off my CCA and S.A.R - (Subject Access Request) on August 15th (received on Aug 18th), I got back a shedload of transcripts covering phone calls (after the statutory cut-off date) but no copies of correspondance [as I understand it the 1998 Data Protection Act covers ALL communication], I also got a copy of my original application form [illegible and not countersigned] plus a single, undated copy of terms and conditions (again after the statutory cut-off date).

 

I sent another letter stating that this did not cover my requests and received a reply stating:

 

"I am confident that we have provided you with all the necessary information which we are required to provide you with, in accordance with s.78 of the Consumer Credit Act 1974, and can confirm there are no further documents which we are required to provide you with, to confirm that you have entered into and owe money under the valid and enforceable credit card agreement."

 

As I don't believe that they HAVE provided me with the necessary documentation I then sent them another letter (I blantantly pinched Fred Basset's from another thread [scales amended appropriately - I hope you don't mind Fred]) saying that they have not complied.

 

Could anybody please let me know if I'm correct here of if I'm making a complete MBNA of myself.

 

(Have currently got two letters telling me that they will default my account by the end of the month - both dated AFTER they got my last letter.)

[Fred Bassett]

Hi MBB,

 

Found it!

 

Regards.

 

Fred

[redsue]

me too! will keep an eye on your progress - good luck

[molby's bar bill]

Had two calls from Ireland today, first one left on answer phone saying "contact us before saturday or we will no longer be able to help", second one (I foolishly answered), bloke started to try and say something about debt will be or has been sold on but I cut him off saying "writing only please, goodbye".

 

Still no sign of a valid agreement.

 

I think they're getting desperate.

 

If a collection company does try and get in touch what's my next step? Tell them that MBNA are in the wrong and that they should return the debt?

 

PLUS: Just noticed, on the unreadable application form they have sent me there is an address for "MBNA International Bank", on their terms and conditions (obviously from a seperate source as the quality is much better) there are two different addresses for "MBNA Europe Bank"! I can feel a merry-go round starting up

 

Any advice would be welcome.

 

Thanks, MBB.

Edited October 30, 2008 by molby's bar bill

[Fred Bassett]

Hi MBB, until MBNA have produce a valid copy of your agreement, the account will be in dispute. During that time, they are not allowed to take any enforcement action and that includes passing it on to a DCA. It won't stop them of course because MBNA have absolutely no regard whatsoever to the law of the country.

 

In any case, you will first, probably, have the pleasure of MBNA's award-winning portfolio of imaginative letters and postcards to deal with before it gets to that stage. See my thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/86182-fred-bassett-mbna.html if you want to get a heads up on what to expect. When you get the pink pig then you know that you truly are a member of the MBNA fan club.

 

If you do get a letter from a DCA, there is a very good template letter to send to them but I think that's quite unlikely for now as MBNA usually try to deal with things themselves first and are probably the slowest when it comes to farming it out to a DCA.

 

If I were you I'd sit back and relax. This could take months.

 

Regards.

 

Fred

[molby's bar bill]

Have had pink pig in the past , had a letter from optima legal last year but made a payment and they went away.

 

Think I'll just sit back with a glass of something and relax.

[molby's bar bill]

They just can't help themselves can they?

 

Got this letter a few days ago:

 

 

What do you reckon folks, ignore it or send off another letter reminding them that they have still not complied with either SAR or CCA requests and are in default?

[Fred Bassett]

Next stop IQOR!

 

Regards.

 

Fred

[molby's bar bill]

Feet up with a glass of something for now then. 8)

[redsue]

molby this does look like a valid DN so they WILL go ahead and default whether they have a valid agreement or not.

Its more than I got anyway and they still defaulted me!

Just making you aware of the way they play the game

[underdog13]

Have had pink pig in the past , had a letter from optima legal last year but made a payment and they went away.

 

Think I'll just sit back with a glass of something and relax.

 

Hi Mbb,

just got my threatening letter from optima threatening to get a charging order and order of sale on my home!

 

How much did you have to pay them to make them go away? Did you phone them, or just make a payment?

 

I know these letters are designed to scare you to death - and God, they're effective. Just in time for Christmas, too; how kind!

[molby's bar bill]

Just made a normal monthly payment and heard nothing further.

 

Bollocks to them, they are just trying it on, unless they go through all the correct procedures I don't think that they can actually DO anything.

 

Have a look at Fred Bassett's thread (link further up the page) or search for Alphageek Vs MBNA.

 

These two chaps know a lot more about it than I do but it just looks like they are trying to scare you into paying.

 

KEEP THE FAITH

[underdog13]

Thanks, mbb. The agreements they sent me are obvious cut and paste jobs - going to fight this one to the bitter end.

[palomino]

until MBNA have produce a valid copy of your agreement, the account will be in dispute.

 

I'm afraid this is wrong.

 

The account will not be in dispute until you written to the DCA/Creditor saying so explicitly, and giving a valid reason.

A non-compliant or missing agreement is an excellent reason for disputing the matter. But you still have to write and say so.

[molby's bar bill]

Got a letter yesterday from 1st credit saying that mbna have passed everything on to them. Is there a standard letter I can send to tell them that mbna still haven't complied with either the cca or sar properly or would it be best if I just cobbled one up and told them to send everything back to chester towers with illustrated instructions on where to insert it?

 

Cheers, MBB.

[Fred Bassett]

Got a letter yesterday from 1st credit saying that mbna have passed everything on to them. Is there a standard letter I can send to tell them that mbna still haven't complied with either the cca or Subject Access Request properly or would it be best if I just cobbled one up and told them to send everything back to chester towers with illustrated instructions on where to insert it?

 

Cheers, MBB.

 

Hi MBB,

 

Here's a copy of Curlyben's "I'm bemused" letter which seems to fit the bill quite nicely:

 

Your Reference: xxxxxxxxxxxx

 

Thank you for your letter dated xxxxxxx 2008.

 

I was rather bemused to receive this letter because this account is in dispute with the MBNA and has been since xxxxxxxxxxx.

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As Halifax are now in default of my Consumer Credit Act request, OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

 

The document that MBNA are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both MBNA and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, they are also obliged to send me a copy of that document.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the Halifax for resolution of these defaults and breaches, as 1st Credit cannot lawfully pursue any enforcement activities.

 

If 1st Credit chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

Whilst writing I note that you have been telephoning me. Kindly remove my telephone numbers from your systems immediately because I will only correspond with you in writing. Please confirm that you have done so by return. I will happily accept correspondence by email.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing or by email.

 

 

Yours faithfully

 

 

MBB

 

 

 

 

Regards.

Fred

[molby's bar bill]

Nice one, thanks Fred. I'd had a look through but couldn't find one.

 

Muchos gracias an' all that.

 

MBB

[molby's bar bill]

Got another letter over the weekend from 1st credit with the same illegible (and un-countersigned - have I just invented a new word?) application form as I got from mbna months ago, plus this little missive:

 

 

 

Can I just write back to them and say that because mbna had not provided me with all of the information that I asked for with my cca and Subject Access Request that they can simply "do one" and send everything back to chester towers?

Edited February 5, 2009 by molby's bar bill

[Redfish]

Hi MBB - any update on your situation?

[molby's bar bill]

Hi Redfish,

 

Had a letter a couple of months ago but it was no different to the previous ones sent so I, naturally, ignored them. Had a couple of phone messages left (from a castrated dalek by the sounds of them) but again I've not bothered replying so as it stands things are pretty quiet.

 

Just sitting back and letting the time pass now, the longer they can't produce the better.

 

If anything else happens I'll post it up.

 

Thanks for asking, take care.

 

MBB

[molby's bar bill]

Thought it was about time I updated this little missive.

 

Recieved a package from Connaught Collections on behalf of 1st Credit (what's the matter boys? - not allowed out on your own?).

 

Basically all of my statements from Oct 07 to Sep 08 with an unsigned and undated T&C.

 

Nice thick package, just what I need for that wonky table leg.

 

CCA now 96 wks overdue.

SAR now 92 wks overdue.

 

 

Keep the faith folks.

 

MBB.

[molby's bar bill]

Hello folks,

 

Thought I'd better update you all with how things are going.

 

It's been a little quiet until recently. Not long after my last post (when I mentioned getting a letter from Connaught) I recieved one from their solicitors - Judge & Priestley. I simply sent them a reply stating "Please find enclosed a copy of the correspondence previouslysent to Connaught Collections UK Ltd with regard to this matter. Please note that I will only correspond with you in writingand I will not accept telephone calls or e-mail messages. I look forward to hearing from you in writingthat this matter has been returned to MBNA."

 

Strangely I've not heard from them since.

 

However, in the last few weeks 1st Credit have been getting back in touch again. I sent them copies of my previous correspondance basically saying "bugger off" but today I got these two letters from them:

 

http://i498.photobucket.com/albums/rr346/molbys-bar-bill/1stCredit8-8-11edited.png

 

http://i498.photobucket.com/albums/rr346/molbys-bar-bill/1stcreditletter28-8-11edited.png

 

As my CCA request from MBNA is now 152 weeks overdue and my SAR is 149 weeks overdue I make that prior to the time when 1st Credit claim they bought the alleged debt. Am I being really stupid here or are they actually saying "we don't care what you say, WE have provided you with paperwork (which I have not requested from them) therefore you must pay us, your dispute is with MBNA and you myust settle that with them"?

 

If they are acknowledging that I am in dispute with MBNA then surely it is illegal for them to have purchased this alleged debt and to try and persue it?

 

I'm starting to get confused now.

 

Does anyone have any thoughts on how I should respond to this latest drivel (if at all)?

 

Thanks. MBB

[bazaar]

hi molby, they say theyve complied, so what else is there to do but await them trying this on in court