Mbna 'agreement' - now threat of legal action

[poppynurse]

We need someone from the fraud squad to investigate - any contacts anyone???

[angel_1]

We need someone from the fraud squad to investigate - any contacts anyone???

 

 

yes that would be so cool

 

ive got an retired police officer friend, i can ask for some advice or how to progress this some how

 

take care all and keep positive

 

laters angel x

[atwozee]

Not sure if MBNA would be guilty of fraud at this stage – they are merely combining elements of documents onto one sheet of paper i.e. the application and parts of the terms and conditions.

I think it’s fair to say that they are deliberately misleading people who make a cca request but they will no doubt wriggle out of that one. If they were to rely on these documents as evidence then that is another matter – that would be fraud and I can’t believe they would be that dumb – then again...

We need to find out what MBNA produce in response to a S.A.R – If they produce the same “creative” copies then that is more likely to be considered fraud because under a S.A.R they are supposed to send you copies of documents that contain your personal information. I don’t think they have license to modify the copies in any way. Of course in the S.A.R you would have to request a copy of both sides of the application to get the info you require.

I think I am just going to ask them outright if they believe that what they have sent me is a true representation of the front and back of my application and see where we go from there.

[underdog13]

You've made some good points there, Atwozee. I would hate them to get away with it on a technicality; maybe a SAR first would be an idea.

 

Angel, please do speak to your retired police officer and let us know his opinion.

 

I'm chomping at the bit to get on with this; but don't want to go blundering in, mess it up and let them off the hook. Oh dear, patience was never one of my virtues:-|

 

So it looks like a SAR would be the next best step.

[Windywoo]

I have actually SAR MBNA again, specifically asking for a another copy of my CCA, they signed for it on 12th November, and as of yet, nothing!

 

I can't wait to see what they come up with!!

[underdog13]

I'd be interested to see what they come up with too, Windywoo - please keep us posted.

 

I think the more we combine our efforts on this, the more chance we have of success.

[SB100]

They seem about as efficient with SAR's as they are with everything else; all that arrived with my SAR was printouts of the last six years transactions on the account. They didn't even send a CCA with it!

 

I sent the CCA request on the same day as the SAR, and whn they didn't reply to the CCA request I immediately disputed- and then the 'CCA' showed up. I wonder why this wasn't in with the SAR???

[atwozee]

In your case SB you have a chance to be specific in your request – send them a letter informing them that they haven’t included a copy of your cca in your S.A.R and remind them that in the case of a S.A.R the copy needs to be an exact copy of the original and cannot be altered in any way – let’s see what they send you after that.

[SB100]

Thanks for that... I'll do it today.

[lexis200]

Hi atwozee

 

I was just thinking about your comments on my thread to write and confirm they had sent copies of the original, but reading above, I think I have already been pretty specific that that is what they needed to send.

 

This was the particular part of the SAR I sent:

 

Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any original documents and their original associated terms and conditions you hold in support of the same.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

 

They still haven't sent me the historic terms, and last time I asked I got another copy of the agreement. I've kind of given up on getting them now, it's too much like banging my head against a brick wall.

 

 

If they've sent the same agreement to me when I asked these specific things in the SAR, do you think I still need to write and confirm?

 

 

Thanks

 

 

Lexis:)

[atwozee]

If they've sent the same agreement to me when I asked these specific things in the Subject Access Request, do you think I still need to write and confirm?

 

I would – in fact I would go so far as to say that you doubt the authenticity of the document that they have so far supplied – there's nothing like putting it straight to them and if they don’t reply then refer it to the FOS. Also if it actually goes to court at any time (original creditor or not) at least you can demonstrate that you have tried to establish if a valid agreement actually exists.

 

I’ve subscribed to your thread and will watch with interest – don’t give up though – this is exactly what they want you to do and they play so many games to get you to give in.

[underdog13]

Hi lexis - could you use CPR to get a copy of your original agreement?

[lexis200]

Hi atwozee - thanks again for the input, I will get a letter out to them asking them to confirm it's an exact copy of the original.

 

The trouble is, we have had a pretty rough time over the last few months (more than just the usual debt stuff that we were just about coping with unfortunately:(), so this is all wearing us down a bit. I'm a bit loathe to go in all guns blazing when I'm not as sure as I can be of the outcome.

 

We're also at the point now where they're about to default OH (due to the US regulations that they seem to think apply in the UK), and I was looking at ways to end it before this happens at the end of the month. This is looking a little unlikely now though...

 

I'm desperate to be able to nail them with something, but on the other hand the thought of just not having the pressure from them is very tempting!

 

Hi Underdog - I should think I could, but does using the CPR not mean you have to be willing to go to court over it? If they called our bluff on that one I wouldn't be at all confident getting OH to stand up in front of a Judge - if it turned out to be legitimate he wouldn't have a leg to stand on.

 

btw, I do realise I'm sounding a bit defeatist at the moment. It'll probably pass soon though, I am female after all and I'm allowed the odd mood swing or 10:)

 

Thanks again

 

Lexis:)

[underdog13]

Hi Lexis,

you're not defeatist - just having natural doubts. I think most of us question whether we are doing the right thing every now and then; especially when we're feeling a bit drained or overwhelmed. Hope you have a happy and relaxing christmas, so you can recharge your batteries for the new year:)

 

Tbh, I'm not sure if you have to be prepared to go to court if you make a request under CPR. I thought you could use it as a bluff, same as they do;)

[fedup74]

Subbing. Good luck underdog:)

[underdog13]

Thanks Fedup - best of luck to you too:)

[angel_1]

hiya underdog

 

i was hoping i could use the cpr31.16 info on pt thread but now not so sure and nothing from mbna yet no defaults etc, just statements

 

my friend retired policeman is on holiday but i will keep trying to get him on his wifes mobile

 

as chalkitup would say onwards and upwards llll

 

laters angel x

[underdog13]

Onwards and upwards, indeed:D

 

Tbh, I don't think there's a great deal we can do now until the new year; I'm not sure when their offices close down and we need someone to be there to sign for the recorded deliveries.

 

Thanks for trying your retired policeman friend - be careful of phone charges to mobiles if they're abroad, though. No doubt he'll be back in the new year and well rested and happy to give you some info.

[lexis200]

ooh, chalkitup'll have you for using his motto:D

[underdog13]

Didn't realise it was copyrighted! Please don't sue - I've got enough problems at the moment:D;)

[lexis200]

ok, I won't snitch:p

[underdog13]

Bless your discretion:D;)

[angel_1]

Ohhhhhhhhhhhh,,,,sorry but my halo fell at the time i wrote that

 

 

chalkitup will have my wings clipped lollolololol

 

sorry my apologies, hahahhah

 

 

have a fun eve laters angel x

[underdog13]

If your wings are clipped, will you have to have a prop fitted instead?

[lexis200]

hehe

 

you two are cheering me up no end tonight:D