Trading Standards siding with MBNA.. SHOCK , HORROR ??

[Ioio21/07]

I have a dispute with mbna who are in default after 41 days.

 

Having gone through all the various permutations of letter available and having received back a brand new copy of their t`s and c`s I reported them to Essex Trading Standards.

 

At first TS were right behind me "debt unenforceable" etc etc but today they sent me an email saying that if mbna take me to court, the court could find in their favour even though mbna cannot supply a cca. Something to do with an "established debt" and that a court may find in their favour ??? Whats going on ??

 

My understanding is that without a cca they cannot START court action and that the whole point of asking for the cca id to establish if there IS a valid account. Given that MBNA have asked me if I would like to register a card with them as there is not one registered aginst my name at the moment ( ????) it seems an obvoius answer.

 

Are Ts talking out of their backsides, I hope so, this business has frazzled my nerves enough as it is.

[rory32]

When was the account taken out?

[flyingdoc]

the part about the debt being unenforceable by law was removed in april 2007 so any agreements signed after that MAY be enforced by a court.

[Ioio21/07]

Hi Rory probably around 1998. Why am I getting a bad feeling about this ?? I thought that the absence of a cca was total defence ?? I have asked for evidence of any purchase I am supposed to have made but so far nothing ??

[Ioio21/07]

I have also made it clear that if they can provide me with ANY evidence that I have made a purchase delivered to my home or with my signature on it I will honour the agreement. But nothing !!

[rory32]

TS seem to be confusing themselves (probably by not actually reading the Act). The 2006 Act did repeal s127(3) whereby a court may not make an enforcement order unless an agreement itself containing all the prescribed terms is signed by the debtor/hirer. This repeal however was not retrospective so if you entered into an agreement under the 1974 Act (which you did) then s127(3) still applies to your agreement.

[flyingdoc]

in addition to what rory said - although not applicable to you - if the agreement was signed AFTER the 2006 act came into force, they would still NEED a signed CCA form to enforce.

They cannot enforce what they dont have.

[Ioio21/07]

Thanks guys. Im at the stage now where Im just waiting for it to get REALLY nasty. How can it be that this law exists but they dont seem to have to obey it except as a very last resort ?? I will update you as and when it happens.

 

I will try and make sure I keep you all up to date; so many threads petre out and you`re left wondering what happened.

[angel_1]

hiya and good luck with this, am subscribing too

 

to see if between us all we can make something finally stick and get ts to understand the law they are supposed to help us consumers with

 

laters MAZ

[Ioio21/07]

Superb Maz.

 

Either there is a law or there is not. Its Black and White. You cannot steal, murder etc etc and everyone understands that law. There are millions of us who are being intimidated by companies that literally dont care if we live or die. So lets do something about it and get these B****** sorted. I have letters from MBNA and Intrum Justitia saying "sorry no cca" so that means they have been STEALING form me. Thats not MY law, that was made by other people far, far brighter than me .. fine the law is the law.... I want my money back !!

 

I notice that on all the so called consumer programmes on tv, no one has mentioned cca`ing as an option. Could this be because they dont want people to know about it ??

 

Conspiracy theory ?? - You bet !!

[angel_1]

hiya Ioio21/07

 

well i was actually referred to fos by my local standards as they couldnt read what i was sent, but they seemed interested enough but i will follow through on the fos and then go back to my local ts with the outcome, im not going to let go but time is of course of the essence, so maybe we need to get a bit of lowdown and pointers from an ex employee,

 

brb to give the link on that thread for you to glance over and see if it can help

 

see below

 

http://www.consumeractiongroup.co.uk/forum/mbna/129987-i-used-work-mbna.html

 

 

laters maz

[Ioio21/07]

OMG you couldnt make it up could you ?? My last letter to MBNA was signed for today so lets see what happens now. Any developments your side - let me know ??

[angel_1]

hiya

 

well im surprised that ive had letter off mbna suggesting as im in financial difficulties they can get a plan for me or even wait for it a settlement figure and put part settlement on cra file,,,,,

 

but only if i reply quickly,,,,

 

dare i say this is a tactic or just genuine concern that they dont have an enforceable agreement as at the moment what they have sent me is inlegible

 

laters maz;)

[Ioio21/07]

BTW can anyone give me some advice about charging orders ?? MBNA have no agreement with me on file and have admitted this in writing. Am I right in my beleif that they cannot get a charging order unless I am in default of a CCJ and they cant get a CCJ if there is no agreement ??? I ve been reading about this in another thread and Im worried and confused about it.

[Ioio21/07]

hiya

 

well im surprised that ive had letter off mbna suggesting as im in financial difficulties they can get a plan for me or even wait for it a settlement figure and put part settlement on cra file,,,,,

 

but only if i reply quickly,,,,

 

dare i say this is a tactic or just genuine concern that they dont have an enforceable agreement as at the moment what they have sent me is inlegible

 

laters maz;)

 

Im pretty sure they are just hoping that you will drop your self in the brown stuff by making a voluntary offer. In my case they have even asked me to register the alleged card with them as I dont have a card registered and they dont have a copy of the agreement AND cant find my original t`s and c`s OR provide me with a full account summary !!

[angel_1]

Im pretty sure they are just hoping that you will drop your self in the brown stuff by making a voluntary offer. In my case they have even asked me to register the alleged card with them as I dont have a card registered and they dont have a copy of the agreement AND cant find my original t`s and c`s OR provide me with a full account summary !!

 

 

well, i no longer surprised by this outfit anymore, anything is possible

 

so you continue as you are - have they asked you to morally still pay ?

 

or yet given option of a voluntary payment

 

 

laters maz

[Ioio21/07]

Maz: It was your thread I was looking at about charging orders LOL !! What chance to mba have of getting one without any evidence of an agreement ??

[Ioio21/07]

well, i no longer surprised by this outfit anymore, anything is possible

 

so you continue as you are - have they asked you to morally still pay ?

 

or yet given option of a voluntary payment

 

 

laters maz

 

I told them that I was prepared to pay and would honour the agreement until such time as they were unable to prove that an agreement existed. They have written to me to tell me that they have no agreement on file but have warned me that they will take action if I stop paying. TOUGH !! no agreement no money !! Its just this charging order business that worries me.

[citizenB]

hiya

 

well im surprised that ive had letter off mbna suggesting as im in financial difficulties they can get a plan for me or even wait for it a settlement figure and put part settlement on cra file,,,,,

 

but only if i reply quickly,,,,

 

dare i say this is a tactic or just genuine concern that they dont have an enforceable agreement as at the moment what they have sent me is inlegible

 

laters maz;)

 

Angel, be very careful about accepting an MBNA "offer" of part settlement. They will snatch any partial payment and sell on the balance.

[underdog13]

MBNA are one of if not the worst bunch of crooks around.

 

Their latest little ruse is adding a cut and paste column of prescribed terms to old agreements that would otherwise have been unenforceable. I know mine are forgeries and will fight them to the bitter end. Would love to prove this bunch of crooks guilty of fraud.

[fedup74]

Hi Ioio re your question about charging orders- They would have to take you to court first to get a CCJ- IF you default on payment THEN they could apply for a charging order- A very, very long way off. If you have been told there is no agreement then IMHO they would struggle at court to get a CCJ. Hope this answers your question:)

[Ioio21/07]

Thanks fedup I really think thats its time we exposed these horrible people for what they are Why does this law exist at all if they have a carte blanche to walk all over it Does this mean that everything we`ve been told about the law is false ?? Does this mean I really CAN walk into Dixons and march out with a 72" telly because I dont think the law applies to me ?? Is it OK if I pop the next person who upsets me on the nose because Im above the law ?? It certainly seems that way.

 

Why doesnt the law itself come down like a ton of bricks on these **** ?? Has anyone ACTUALLY got their money back that this pondlife has illegally taken from them. If the boot was on he other foot I`ll bet the law would be falling over itself to get money back from US to give to THEM.

[fedup74]

Have you not had the line-"We are an American based company" yet? For some reason they think that they can make up there own rules and regs and nobody will question them because most people are too terrified by their threats. Fortunately a lot of people are finding sites like this and are now biting them on the ass:D I will never again be threatened by this cowboy outfit. They sold my debt to a company after sending me an application form for a CCA request. I had this other co on the phone yesterday- it was really funny cos I was sympathising with them that they had been sold a duffer. The chap didn't know what to say when I told them all I had received was the application and went on about my rights- he kept saying I will go and clarify- can I ring you back- he rung 5 times in an hour!! I was quite happy to talk to them on this occasion cos I called the shots. That is the way to go with these bullies like MBNA- stand up for yourself and they hate it. I am now not paying them anything:D and they won't get another penny. The way MBNA are acting, hopefully it's only a matter of time before they are screwed over by the relevant authorities, although they are certainly taking their time. Keep your chin up and don't let the bar stewards get you down. You have lots of support here.

[underdog13]

There's an interesting snippet on bbc news online about unfair interest rate increases on credit cards - it advises anyone who thinks they have had their rate increased unfairly to contact OFT - I'm definately going to give it a try:D

[Ioio21/07]

MBNA are one of if not the worst bunch of crooks around.

 

Their latest little ruse is adding a cut and paste column of prescribed terms to old agreements that would otherwise have been unenforceable. I know mine are forgeries and will fight them to the bitter end. Would love to prove this bunch of crooks guilty of fraud.

 

 

Too right underdog!! Now MBNA have written back to me today saying they do not have to supply a copy of the agreement, they WILL continue to harass me by phone and WILL record a default against me if I continue to not pay. Ive reported them to TS, OFT and FOS. Is there a letter I should send them or just ignore them ??