Mbna 'agreement' - now threat of legal action

[odezi]

I have had the same MBNA letter for all of my accounts...2 yesterday. It's just a means of reeling you in. You need to CCA them asap. Standard letters and 'rules' available on this site...just search.

 

Good luck!

 

Many thanks for the prompt reply. I will do the same for my other creditors.

[odezi]

I have had the same MBNA letter for all of my accounts...2 yesterday. It's just a means of reeling you in. You need to CCA them asap. Standard letters and 'rules' available on this site...just search.

 

Good luck!

 

PS When you don't contact them the follow up letter (4 weeks later) will ask you for circa 30% and tell you that this is a partial settlement. They will also threaten to default and sell your account which is why you must act and CCA them now.

 

The letters for the 40% offer also contained threats to sell the account on. I am guessing this is them trying to recover as much as they can and sign people on to enforceable agreements before it all goes wrong for them.

[WelshMam2009]

The letters for the 40% offer also contained threats to sell the account on. I am guessing this is them trying to recover as much as they can and sign people on to enforceable agreements before it all goes wrong for them.

 

If it's the same as mine it will suggest that you borrow off a family member to settle the debt!!

 

You shouldn't respond to these as it's seen as sign that you're both willing to pay and also have the means to pay. CCA them and get a goods night sleep until they manage to produce a properly executed agreement...which won't be for a while...if at all!!

[odezi]

If it's the same as mine it will suggest that you borrow off a family member to settle the debt!!

 

You shouldn't respond to these as it's seen as sign that you're both willing to pay and also have the means to pay. CCA them and get a goods night sleep until they manage to produce a properly executed agreement...which won't be for a while...if at all!!

 

 

Many thanks. I will definitely do that tomorrow.

[lexis200]

The 40% reduction offers are just a standard template letter. If you read them carefully it says something like 'we will not collect the balance'. They don't mention that you'll think it's been paid in full but they'll be selling the balance onto a DCA.

 

As WelshMam said - don't tell them you'd like to but you don't have the money, or anything similar. You could write and complain about the method used (ie contravening OFT guidelines), but it won't do any good aside from showing that you are willing to keep in contact (good if it ever gets to court). Otherwise, yes, just ignore it.

 

It seems to be nigh on impossible to get on a pp with them. You need to be paying enough to pay the balance off in 120 months, as they of course are goverened by USA laws. Or so they'll tell you. It's complete bow larks. If they wanted to accept a lower offer, as a company they could, they just choose not to.

 

They also don't stop interest/charges for ages despite knowing you are in financial trouble. Complete a**eh**es the lot of them.

[angel_1]

hiya all

 

a newbie that has scanned their mbna agreements, can we all take a peek and see if they can help any of us or if we can help coffeetime

 

cheers angel x

 

 

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/188640-received-two-ccas-they.html

[citizenB]

That's a good point, Welshmam. Thanks.

 

Think I'll start making noises to them about my doubts of their documents authenticity - which I was all set to do a month ago before wasting time on a cr*ppy time wasting shark of a lawyer.

 

That's what I would be inclined to do UD.

 

I tend to keep things vague at first before going in for the kill. So you could even start by simply asking them if they are 100% certain that this is indeed a true copy of your agreement. You will have planted the seeds of doubt and if they come back and say 'yes' (more ammunition) then you can start highighting your specific concerns.

 

Good luck...

 

UD, as Welshmam says.. dont spell it out for them. Ask innocuous questions. Let them trip themselves up. Letters by lexis 200 are a good place to start she has a devious way of requesting information

[atwozee]

I did all that – asked them outright if the application was copied exactly – they sold me on – think I hit a raw nerve.

I am waiting for 1ST Credit to pick up the baton – my plan now is to tell them that I believe I have been misled and will be reporting them to trading standards and the OFT to investigate – that’s if they want a fight that is.

I think TS is the only realistic option – if they smell fraud then they can prosecute and it’s not a civil matter either it’s a criminal one. Maybe a mass complaint to Cheshire TS will get the ball rolling.

[angel_1]

I did all that – asked them outright if the application was copied exactly – they sold me on – think I hit a raw nerve.

 

I am waiting for 1ST Credit to pick up the baton – my plan now is to tell them that I believe I have been misled and will be reporting them to trading standards and the OFT to investigate – that’s if they want a fight that is.

 

I think TS is the only realistic option – if they smell fraud then they can prosecute and it’s not a civil matter either it’s a criminal one. Maybe a mass complaint to Cheshire TS will get the ball rolling.

 

 

hiya atwozee you know thats not too bad an idea, however, cl finance they would fall under the cheshire ts too do you think or have i got that wrong ? (this is for my ge accounts)

 

cos my letter i got from cl finance was copied for the ts area by my local area....and now they admitted that they had sent me wrong info firstly but now had sent me correct rear of agreement ie application form. but it contains pin info and my card does not support pin and as it was 2005 i smell a bit of concoction to match up previoulsy disputed section which now miracalously matches what i diputed before - if you get my drift!

 

sorry for hijacking your thread underdog

 

also to welshmam,,,i noted your earlier posting about the seed of doubt, i think this is what ive done and not heard from cl finance for quite a few months,,,,however, i always expect a court action letter in the post,,,,

 

so really i do need to follow this up again or should i just go for the kill with their ts area team???

 

something ive learned again today huge thanks,,,, see my thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/160682-debenhams-sold-c-l.html

 

laters angel x

[underdog13]

UD, as Welshmam says.. dont spell it out for them. Ask innocuous questions. Let them trip themselves up. Letters by lexis 200 are a good place to start she has a devious way of requesting information

 

Thanks, CitB - I will have a look at Lexis' devious missives:)

 

Just kidding Lexis; you do write exceedingly good letters:D

Edited March 12, 2009 by underdog13
typo

[underdog13]

I did all that – asked them outright if the application was copied exactly – they sold me on – think I hit a raw nerve.

 

I am waiting for 1ST Credit to pick up the baton – my plan now is to tell them that I believe I have been misled and will be reporting them to trading standards and the OFT to investigate – that’s if they want a fight that is.

 

I think TS is the only realistic option – if they smell fraud then they can prosecute and it’s not a civil matter either it’s a criminal one. Maybe a mass complaint to Cheshire TS will get the ball rolling.

 

Thanks for that Atwozee - that's interesting to know. Who did you address your query to? I was wondering whether to contact MBNA's solicitors.

 

Great idea about the mass complaint - it must be harder to ignore dozens if not hundreds of people, surely?

[underdog13]

hiya atwozee you know thats not too bad an idea, however, cl finance they would fall under the cheshire ts too do you think or have i got that wrong ? (this is for my ge accounts)

 

cos my letter i got from cl finance was copied for the ts area by my local area....and now they admitted that they had sent me wrong info firstly but now had sent me correct rear of agreement ie application form. but it contains pin info and my card does not support pin and as it was 2005 i smell a bit of concoction to match up previoulsy disputed section which now miracalously matches what i diputed before - if you get my drift!

 

sorry for hijacking your thread underdog

 

also to welshmam,,,i noted your earlier posting about the seed of doubt, i think this is what ive done and not heard from cl finance for quite a few months,,,,however, i always expect a court action letter in the post,,,,

 

so really i do need to follow this up again or should i just go for the kill with their ts area team???

 

something ive learned again today huge thanks,,,, see my thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/160682-debenhams-sold-c-l.html

 

laters angel x

 

It's no hi-jack, Angel - this is very relevant to my case; and to all of us on here, I think:)

 

It's really helpful to hear how others proceed and what results they get - so please everyone, continue to post on this thread:)

[citizenB]

Maybe a mass complaint to Cheshire TS will get the ball rolling.

 

Oh I agree, however being the largest employer in Cheshire.. I doubt TS will do anyrhing. In fact, I made my first complaint to them as have others and they just knock it back to local TS who of course, have no idea.

 

Thanks, CitB - I will have a look at Lexis' devious missives:)

 

Just kidding Lexis; you do write exceedingly good letters:D

 

I understand she bakes exceedingly good cakes as well UD

[underdog13]

Lexis' secret identity is Mr Kipling?

[underdog13]

Got some developments that I am cautiously optimistic about:)

 

Have been in contact with a new lawyer - this one actually seems genuine, unlike the last shower; at least he's willing to talk to me without a fee upfront! Have heard some very good things about this guy, so here's hoping...

 

He has confirmed that if we can prove MBNA's (alleged:rolleyes:) cut and pasting, then they are guilty of financial fraud:D.

 

He suggests forming an action group and bringing a group action/defence - well we're halfway there with that; anyone interested in the group action?

 

He advises that it would be useful to acquire the services of a copy document technician - any one have any contacts, relatives, friends in the copy document field?

 

Further suggests requiring the company to hand over all paperwork regarding the development of its T+Cs over the years - it was possibly outsourced to a large firm of lawyers who are not going to mess around falsifying their files.

Find out whether each version of the T+C as used has to be registered with FSA [or someone] or some body keeps track of these changes.

Does anyone have copies of their application forms/agreements, or T&Cs - even blank historic ones? I know Blue squirrel has copies of his agreements, but does anyone else?

I have some historic T&Cs, how about anyone else?

I'm going to talk further with the solicitor, tomorrow if poss.

Any takers?

[SB100]

You can have my application if it helps. I've also got some t&c's if there any use to you.

[underdog13]

Fantastic, SB100 - do you mean you have a copy of your original or the do you mean the copy MBNA sent you?

[SB100]

The one they sent... although I do believe it to be a true copy of the application form:D

[underdog13]

You didn't have any cutting and pasting, then?

[indebtuptomyeyes]

Hi sb100 can you post up the front and back for us to see. Thanks

[SB100]

Don't think so- but I don't believe what they say was on the other side actually was. That probably doesn't help you very much...

[SB100]

 

[SB100]

Just for the sake of clarity, they have been photocopied on to the same piece of paper when sent to me, rather than what appears to be 'bleed through'

[pompeyfaith]

Hiya Underdog,

 

Nice to see you got some movement on this regarding a solicitor, seems to me that solicitors have not got the -alls to take on a big financial institution

 

I tried getting one yesterday without luck even though my case is now pretty solid regarding the fraudulent DN.

 

im gona be sending a few letters and try and find out why solicitors are not willing to enforce the cca 1974 for consumers.

 

I think its also a good idea to start a GLO on MBNA too as they are the biggest credit card provider buying up all the books from other providers and not insuring in that process that they have all relevant documents.

 

There must be many thousands of people in the uk that will now find themselves in financial difficulties and then find that they have a battle on there hands regarding lack of documentation.

 

MBNA,s fraudulent activity's are widespread i believe.

 

The fact that MBNA call sidestep all Protocols, CPR, CCA etc and railroad a claim to get a CCJ really gets me.

 

PF

 

When i am done with them its not gona stop there i will be actively seeking recourse.

[melope]

Thanks for the info underdog I have decided to submit a case against MBNA as well.