mbna/rma

[everton2005]

well this account is in dispute no reply to my cca request .i have told rma this and now they are sending a doorstep collector out cant wait:D

[berrylover]

Watch for the flying pigs when the doorstep collector comes. They are both as rare as Hen's teeth.

[everton2005]

all he will get is my boot up his a**e:D

[everton2005]

well he never turned up damn . got yet another call off rma today requesting payment yea whatever so i told the girl mbna have still not supplied cca so no payment will be made also told her to stop ringing me doubt they will.she said well ring mbna up i said no you ring them up yuor company are working for them

[berrylover]

You could always send them this letter. The only downside is that it stops them calling you, which makes life a bit boring after a while and stops you having fun with them.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir,

 

Account no:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that due to the failure to supply a copy of the signed, executed Consumer Credit Agreement this account is in dispute.

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (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 you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

[everton2005]

hi people got a reply to my cca request from mbna

http://i36.photobucket.com/albums/e38/everton2005/lastscan.jpg

please can you give your views also received 5 pages of current t&c

[everton2005]

any advice please

[SteveH2508]

IMHO - As it stands it is basically illegible and appears to contain no prescribed terms so not enforceable at all.

[everton2005]

on the left hand side there is a box ticked and initialled by me which says i understand this is an application

[SteveH2508]

You've answered your own question - as this document stands - it is an application form - nothing more. They could no more use this document to sue you than a roll of Andrex's finest!

[rory32]

No prescribed terms, so completely unenforceable.

[everton2005]

what type of letter should i be sending them now please

clicked your scales thanks mate

[SteveH2508]

Sending them letters only encourages them. They are in default - stop paying them - let their threat-o-matic computer start spitting out its drivel. You know that you are now in the driving seat - watch their increasingly desperate attempts to get money from you and laugh!

 

Remember they are a sad, pathetic septic company who thought they were above the law and now they have been found out.

 

You will get other bottom feeding pondlife trying it on as well - laugh more - they have no powers at all. If they try to take you to court then you can start to go nuclear (however if their 'solicitors' have half a brain cell between them they will realise that they do not have a leg to stand on).

[everton2005]

thanks steve

[everton2005]

just had a phone call from mbna

me hello

mbna could i speak to everton2005

me speaking

mbna did you receive your cca in the post

me yes

mbna can we now bring this account up to date

me no

mbna why

me no prescribed terms plus i think its only an application

mbna ok i will pass it to my collegue

 

phone rings again 5 minutes later

 

me hello

mbna my collegue just passed your account to me he tells me you are not happy with the documents sent out

me thats right

mbna well i am in the opinion that this agreement is water tight

me well am not no prescribed terms

mbna well were will this lead us

me thats up to your company

mbna we could take you to court to get the money back

me what with an application form

mbna thats all we need to supply

me ok bye

[everton2005]

what do i do next:???:

[rory32]

The reason they are willing to tell you this cr@p over the phone is because they can later deny it. MBNA have had their fingers burned more than once over unenforceable agreements. In future insist that anything they have to say to you is put in writing only. Do not engage in telephone conversations with them. They are well aware that if they took you to court and you defended they would lose.

[everton2005]

thanks rory i really appreciate your help

[everton2005]

one thing i notice on the form is there is a tick in the no box for payment protection cover and they have been charging for this on day 1

[rory32]

Oh dear. They are really up the creek. Do you know how much the PPI comes to as a percentage of the account balance?

 

You might also wish to make a complaint to the OFT regarding the PPI. The OFT just fined Egg over 700K for their dodgy practices regarding PPI.

[everton2005]

worked out roughly about £2.5k ppi

balance £6k including no payment fees of £12

[rory32]

Hmm. I think I would start applying a bit of pressure then on MBNA to just write off the account and discharge your liability for the account.

[everton2005]

is there a letter to start the ball rolling for this:p

[everton2005]

really do need a letter to send to these idiots now . they are doing my head in:mad:

[everton2005]

bump