mbna, help please,

[minnimes]

ok , well ive had my mbna card for quite afew yrs, not exactly sure when i took it out, i have always been a good payer until about 2yrs ago my hubby had an accident at work which has left him permanently disabled, obviously our income has dropped hugely as we now have to live off benefits as i am also disabled. mbna forced me into a payment plan which i couldnt afford i managed the payments for a while but our mortgage went up and i couldnt afford the payments, i sent them my i/e as drawn up by the cccs. they rejected my i/e and insist they can not take a lower amount. i have continued to make the lower payments. on the 17th i sent them a request for cca and requested all contact to be in writing. today i had a call from them, the woman didnt take me through security, she launched into the regulation speech about wanting more money etc, i answered the call as it was an unknown number and i didnt know it was them. any she carried on and i informed her i have requested my cca, and that i didnt want phone contact and have said to contact me by letter only, she tried to tell me that because im in arrears with my account they can phone me as much as they want!! she was told that i know my rights now, im not so ignorant to the rules and guide lines. this is when i took my opportunity to point out that she failed to take me through security, i could tell she was abit taken back, she then tried to tell me that she doesnt have to complete security because shes on admin? as if that matters! any i then told her i was ending the call. is this right up to now. im just waiting til they default on the cca (hopefuly)

[flyingdoc]

She is talking through her posterior.

 

Unless one of the qualifications of being an admin is to have the Psychic power to be able to reliably determine the identity of the person she is speaking to over the telephone, then she is under exactly the same obligations as anyone else to make sure she is talking to the correct person before discussing confidential information.

 

This was nothing more than a nuisance telephone call and should be treated as such.

 

My Advice.

 

Wait for the CCA, if it doesnt arrive on time then send a letter saying that as they are in breach of the CCA the account is now in dispute until such times as they comply. Remind them that non complience is in fact a criminal offence.

 

Also remind them that while the account is in dispute they are legally barred from :

taking payment

harassing you for payment

passing your account onto a DCA

Registering the debt with a credit referencing agency.

adding charges or interest.

 

Unless you want to speak to them for your own enjoyment (see the thread on cheekiness towards a dca) then each time they telephone simply say that you want all contact in writing please.

 

If they continue to telephone - write to them recorded to say please do not contact me by telephone, all contact in writing, and inform them that any telephone calls to you will be recorded in the process of gathering evidence to support your action against them under the Anti Harassment act 1997.

 

Dont let them bully you.

[minnimes]

thanks for the reply, i stated in my cca request i wanted all contact in writing, maybe i should send a separate letter? to be honest i dont mind the phone calls so much any more now i know my rights a little better. it makes me laugh when you answer the phone and they say "hello, my name? " i say yes then they say , "my name and surname" like im so stupid i wont know who it is, why cant they just ask for you normaly lol.

[minnimes]

mbna have just phoned me yet again!!, same woman as last time, allison, yet again no security questions. im getting sick off this, they could be talking to anyone about my account. i sent my cca request on the 17th nov, was received by them on the 18th, when will they be in default? and what do i do about it when they are?

Edited December 17, 2008 by minnimes

[dpick]

mbna have just phoned me yet again!!, same woman as last time, allison, yet again no security questions. im getting sick off this, they could be talking to anyone about my account. i sent my cca request on the 17th nov, was received by them on the 18th, when will they be in default? and what do i do about it when they are?

 

Hi do you have anyway of recording one of these phone calls if you do then complain to the Information Commissioners Office as this is a breach of DPA 1998

 

dpick

[minnimes]

im not sure, i'll have to have a look at my mobile. can any one tell me when they have not complied with my cca? i know its soon. the woman tried to tell me i have to allow afew weeks after them getting it for them to process it. i thought it was 12 days, its not fault if they dont process their paper work in time.

[dpick]

12 working days from receipt of request if you only have proof of posting then 12+2 working days they are then in default and should not enforce agreement though we know that MBNA totally ignore the law unless they write it..

 

dpick

[minnimes]

i have proof of delivery from po, it was signed for on the 18th, so am i right in saying 29th is defaulted?

[dpick]

Hi no 12 working days by my reckoning that is 5 Dec. I could have counted wrong only 10 fingers and no brain this morning.

 

dpick

[minnimes]

oh right so its working days, not just normal days?

[minnimes]

well tomoro is there last day(12 working days from reciept of my letter) do i send a reminder?

[SteveH2508]

Don't remind them - they know the law (they just don't follow it!)

 

Let them drop themselves in it.

[minnimes]

ok need help. mbna have sent me a supposed agreement. just looks like a load of printed sheets. could some one please look at it and tell me what they think, they also sent me, current terms and conditions, copy of my latest statment and a default notice.

http://i374.photobucket.com/albums/oo190/minnimes/img008-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img009-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img010-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img011-1.jpg

 

 

http://i374.photobucket.com/albums/oo190/minnimes/img012-1.jpg

 

 

 

 

 

http://i374.photobucket.com/albums/oo190/minnimes/img013-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img014-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img015-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img016-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img017-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img018-1.jpg

 

http://i374.photobucket.com/albums/oo190/minnimes/img019-2.jpg

 

 

 

they also sent a copy of my statment which is pages 1 &2 of the default.

where do i go from here?

Edited December 17, 2008 by minnimes

[upto the eyeballs]

You need to post up copies of what they sent?

[minnimes]

You need to post up copies of what they sent?

i know,lol, im doing it now, internet explorer closed so have to start again.

 

 

OK all done,

Edited December 17, 2008 by minnimes

[minnimes]

can anyone help with this?

[Ragtaggeorge]

Sit tight and wait for the experts to pick up your thread. I am a newbie like you but from scouting about the site I can see you agreement is missing one big feature your signature - unless you have blanked it out. Below was copied from another thread and is supposedly a responce from the OFT to an email asking about section 77 - 78. ' Consumer Credit Act 1974 (‘the Act') Our Ref: Epic/Enq/E/1760 Thank you for your email received on 31 March about your enquiry into the Consumer Credit Act Sect 77 & 78.I apologise for the delayed response. The general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request. If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence. We understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement. A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise. We note your concerns that in the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed. If you would like to make a formal complaint. Please fill in the attached complaint form. Thank you again for writing to us. '

[angel_1]

hello

 

just wanted to clarify was it taken out online in 2006 as thats the date with the tick box ticked on one of the scans

 

if so then im in battle with online applications and the tick box ive been told is my agreement made online and would be correct, so im still investigating mine, at the moment but lets wait for others to come along and give you a bit more info and maybe clear up my query too at the same time

 

will subscribe and if i get other info will alert you too

 

take care for now

 

laters

 

angel x

[jobmid]

to me this does not look like to be the orignal argeement it seems like something they just printed and sent to you. if you look at page 18 this page http://i374.photobucket.com/albums/oo190/minnimes/img018-1.jpg just above the signature box to cancel the agreement there seems to be a document refrence number MB0908_ABMG to me it looks like this document is from September 2008. This document might be a fraud.

[minnimes]

i dont think it needs a sig cause they say it was online. i really cant remember if i did it online, we moved house 5 days after the date on the "agreement". it doesnt look right to me either.

[minnimes]

to me this does not look like to be the orignal argeement it seems like something they just printed and sent to you. if you look at page 18 this page http://i374.photobucket.com/albums/oo190/minnimes/img018-1.jpg just above the signature box to cancel the agreement there seems to be a document refrence number MB0908_ABMG to me it looks like this document is from September 2008. This document might be a fraud.

 

 

i also notice that the charges on this page are £12 yet earlier on it says charges are £25. it cant be both so i know they dont tally. just dont know what i can do about it.

[jobmid]

i think this is a forgery. I have never seen a credit agreement in my life printed nicely on A4 paper. So I am guessing you never signed this?

[minnimes]

dont think i had to give an actual sig cause it was an online application but to me it looks like they just made it and posted it. there are no details about me on it except my name and address. there is nothing to link each page so how do i know that the page with the tick which they claim i did is actually mine? hmmm, seems abit dodgy but what do i do about it?

[jobmid]

i am not sure as to how online applications work someone else here might be able to fill us in on it my appliaction to mbna was online also and i have sent my cca request aslo to them this week. i am under the opinion that if you do it online its just an application but when they approve it they have to send out a cca for you to sign. i could be wrong if anyone else can fill us in it would be great

[Ragtaggeorge]

Even if you did apply on line they should have sent you an application form to sign and return. They still have to send you a true copy of the original agreement even if they do not have to provide the original agreement plus signature until enforcement at a court hearing. The date stamp inconsistency is enough on its own to show it is not a true copy and so the account remains in dispute. I would send out the letter suggested in the letter template list and wait for their next move. Obviously do not pay them any more money as that implies you accept the legitimacy of the contract.