Mbna 'agreement' - now threat of legal action

[guzzleguts]

ink and everything i can think of plus donation to cag!

[WelshMam2009]

I certainly do:D A brollocks 'paragragh 8' DN that didn't even allow enough time for service as well:lol:

 

...and agreement terminated prior to end of dodgy remedy date!!

[lexis200]

I had the DN with para 8 too (which was also sent 2nd class and because of that didn't allow enough time), but the buggers won't confirm if they've terminated the account or not:(

 

I wrote and asked them if they had seeing as it had apparently been sold to Debt Clear something something, and if so why were they still accepting payments OH has been making! Got a letter back from the terminally pointless Gail Powell, who said my letter wasn't clear (cheek!), and that they had charged off the account.

 

Anyone know if charged off is terminated??

 

Anyway, I think I need to do another letter being a little more direct with my 'why are you stealing my money if you don't own the account?' question!

 

ps - CB, do you still need terms/applications? I can forward you the link to mine if you do.

 

Lexis:)

[Gazza112]

Hi Lexis

 

Yes, MBNA done the same to me.

I would as you said do a follow up letter, also a letter to MBNA head office as well complaining on this matter.

 

Gaz

[pompeyfaith]

mine was also charged off would be interesting to know what this means i do know that the amount was charged to another account number as i have a statement showing this PF

[the_shadow]

mine was also charged off would be interesting to know what this means i do know that the amount was charged to another account number as i have a statement showing this PF

 

If you mean the literal sense of the word in accounting "Charged off" means to register the amount as a loss on the balance sheet.

 

This I believe allows them to obtain tax relief on the amount.

 

S.

[citizenB]

I had the DN with para 8 too (which was also sent 2nd class and because of that didn't allow enough time), but the buggers won't confirm if they've terminated the account or not:(

 

I wrote and asked them if they had seeing as it had apparently been sold to Debt Clear something something, and if so why were they still accepting payments OH has been making! Got a letter back from the terminally pointless Gail Powell, who said my letter wasn't clear (cheek!), and that they had charged off the account.

 

Anyone know if charged off is terminated??

 

Anyway, I think I need to do another letter being a little more direct with my 'why are you stealing my money if you don't own the account?' question!

 

ps - CB, do you still need terms/applications? I can forward you the link to mine if you do.

 

Lexis:)

 

Hi lexis, Your leter wasnt clear enough that doesnt bear commenting on really does it ?

 

Yes, please if you could pm the link then I can get it posted to the new thread, thank you.

[pompeyfaith]

ok so in light of the above can i request to the court that MBNA reveal what they earned in tax relief and seek to get this taken off the balance

[lexis200]

Does anyone know the name of someone high up in MBNA? CEO or similar?

 

I'm getting the distinct feeling that our Gail isn't going to be too much help here, and maybe a letter to someone with a bit of oomph in the company, asking why they have stolen OH's money for the past 4 months would get a response?...

 

I know CB. How dare she!!!:D I had to get OH to read it to check I hadn't mistakenly written in some bizarre para that made no sense. I'm fairly sure I didn't and that she's a numpty.

 

This is the letter I did - please do let me know if it's hard to follow. I thought it was clear enough for even the limited brains of an MBNA employee, but it appears I gave them a bit too much credit..

 

I received a Default Notice from your company in January this year. The notice stated that if the breach was not remedied the account may be closed and the credit agreement terminated.

 

I have recently received notice from Debt Clear Recoveries showing that they are now ‘appointed collection agents’ for the account.

 

Please can you confirm whether they own the account outright, or whether they simply manage it for you? Having spoken to Jamie in your charge off team, it seems they own it, however their correspondence cites you as their ‘client’. These two facts are at odds with one another, so I would appreciate confirmation on which is correct.

 

In addition to this, according to the same conversation this afternoon, MBNA no longer has anything to do with this account. If this is the case, please can you explain why you have continued to accept my payments, rather than request I cease paying your company, and why in February you sent a ‘changes to your account’ letter to me?

 

Lastly, I do not have any confirmation of the termination of this account. Speaking to Chris in your charge off team, it would appear he thinks a Default Notice and a termination are the same thing. However, the Default notice states termination as one of the actions you may take, not that you will take. Please can you confirm whether this account has now been closed and terminated, and if so, what date did this occur? If this is the case, please also confirm that there is now a nil balance owing to you, and that the entire balance is owed to Debt Clear Recoveries.

 

Please can you answer these queries promptly (took five weeks!), as I do not wish to deal with Debt Clear Recoveries until I have the above clarified.

 

The only response to any of the letter was to confirm the account was defaulted in December (well I knew that - we have the notice!), that it has been sold to a 3rd party and MBNA no longer has responsibilty for the admin of the account.

 

This suggests to me it has definitely been terminated, but why can't they just say that?? Plus it doesn't exactly address where OH's money has been going for the last 4 months if the account doesn't exist for them anymore now does it?

 

Anyway, sorry for the ranty post underdog - I'll stop the hijack now!

[basa48]

I'll just repeat wht I posted earlier this evening on another thread.

 

Why do we not insist on some proof of eligibility to demand payments to an alleged debt from these DCAs??? Even if only a letter from the creditor.

[AA99]

I agree Lexis, I never know who I'm meant to be dealing with. Initially, I dealt only with my OC's direct, then started copying in the DCA, then wrote to the DCA, copying in the OC, and some of my creditors have passed the account on to so many other DCA's/solicitors/ etc. that I no longer know who I'm dealing with. Then the OC says it's off our hands, we've sold your debt, I deal with the recipient and then I get correspondence from the OC again

 

:confused:

[basa48]

I agree Lexis, I never know who I'm meant to be dealing with. Initially, I dealt only with my OC's direct, then started copying in the DCA, then wrote to the DCA, copying in the OC, and some of my creditors have passed the account on to so many other DCA's/solicitors/ etc. that I no longer know who I'm dealing with. Then the OC says it's off our hands, we've sold your debt, I deal with the recipient and then I get correspondence from the OC again

 

:confused:

 

Deliberate tactic I believe. I just ignore the DCAs on my case - mail, phone or text. Only when MBNA write do I respond.

 

Incidentally MBNA have a week to reply to my SAR, after which I am seriously thinking of starting litigation. The '*agreement*' they sent in response to my CCA request was some up to date T&Cs !!

 

I think this would soon result in them 'finding' an agreement (or not).

 

I assume fast track would be the way to go as the rules of evidence and disclosure are a bit dodgy with small claims.

[AA99]

Deliberate tactic I believe. I just ignore the DCAs on my case - mail, phone or text. Only when MBNA write do I respond.

 

Incidentally MBNA have a week to reply to my SAR, after which I am seriously thinking of starting litigation. The '*agreement*' they sent in response to my CCA request was some up to date T&Cs !!

 

I think this would soon result in them 'finding' an agreement (or not).

 

I assume fast track would be the way to go as the rules of evidence and disclosure are a bit dodgy with small claims.

 

Don't think, seriously or not, just do it basa

[basa48]

Don't think, seriously or not, just do it basa

 

Easier said than done m8.

 

First there is the cost (if defeated), then there's the worry they'll pull an enforceable agreement out of the Blue Peter hat!! Some DJs probably don't know Consumer Law as well as we do !!!

[basa48]

To me MBNA are far and away the most dangerous to take on. They (or more accurately their *agreements*) are an unknown factor. Do they have a real agreement or not and if they 'make' one, will a court accept it as genuine?

 

My other creditors (Egg & Tesco) have both sent signed agreements. But both are unenforceable and I think they know it, which is why they aren't 'pressuring' me at all.

[lexis200]

To me MBNA are far and away the most dangerous to take on. They (or more accurately their *agreements*) are an unknown factor. Do they have a real agreement or not and if they 'make' one, will a court accept it as genuine?

 

My other creditors (Egg & Tesco) have both sent signed agreements. But both are unenforceable and I think they know it, which is why they aren't 'pressuring' me at all.

 

I agree. I've got one (like many others on here have) that I thought was enforceable, but several other people have pointed out issues with layout/size etc that strongly suggest it's got an added column on it that wasn't on the original.

 

Having scrutinised it after being told what to look for, I'm of the opinion it's duff too, but there's not a chance in hell that I'd be willing to argue that in court, so they win by default (no pun intended:rolleyes:)

[cosalt]

I agree. I've got one (like many others on here have) that I thought was enforceable, but several other people have pointed out issues with layout/size etc that strongly suggest it's got an added column on it that wasn't on the original.

 

Having scrutinised it after being told what to look for, I'm of the opinion it's duff too, but there's not a chance in hell that I'd be willing to argue that in court, so they win by default (no pun intended:rolleyes:)

 

 

Hopefully the new thread that citizenb is setting up will reveal the truth

 

Cosalt

[underdog13]

Does anyone know the name of someone high up in MBNA? CEO or similar?

 

I'm getting the distinct feeling that our Gail isn't going to be too much help here, and maybe a letter to someone with a bit of oomph in the company, asking why they have stolen OH's money for the past 4 months would get a response?...

 

I know CB. How dare she!!!:D I had to get OH to read it to check I hadn't mistakenly written in some bizarre para that made no sense. I'm fairly sure I didn't and that she's a numpty.

 

This is the letter I did - please do let me know if it's hard to follow. I thought it was clear enough for even the limited brains of an MBNA employee, but it appears I gave them a bit too much credit..

 

 

 

The only response to any of the letter was to confirm the account was defaulted in December (well I knew that - we have the notice!), that it has been sold to a 3rd party and MBNA no longer has responsibilty for the admin of the account.

 

This suggests to me it has definitely been terminated, but why can't they just say that?? Plus it doesn't exactly address where OH's money has been going for the last 4 months if the account doesn't exist for them anymore now does it?

 

Anyway, sorry for the ranty post underdog - I'll stop the hijack now!

 

Rant and hi-jack all you want, Lexis - it's all relevant:)

[underdog13]

I agree. I've got one (like many others on here have) that I thought was enforceable, but several other people have pointed out issues with layout/size etc that strongly suggest it's got an added column on it that wasn't on the original.

 

Having scrutinised it after being told what to look for, I'm of the opinion it's duff too, but there's not a chance in hell that I'd be willing to argue that in court, so they win by default (no pun intended:rolleyes:)

 

Like you, I wouldn't feel confident of arguing this pont in court myself - but I do feel we would stand more chance with representation.

 

I'm currently trying to find a no win no fee solicitor - if I can't it will be a case of living on bread and water for 6 months to pay for a direct access barrister.

[citizenB]

Having read that letter you sent to MBNA, Lexis, I am of the opinion that Ms Powell definitely did not have the loan of the brain cell that day.

 

I dont have any specific names of CEOs but I am sure if you addressed your letter to the CEO at the registered office, enclosing a copy of the letter you want answered in it's entirety and a covering letter stating just that. Then you might get somewhere.

 

Hopefully the new thread that citizenb is setting up will reveal the truth

 

Cosalt

 

I certainly hope so Cosalt. I hope to put the finishing touches to it over the weekend then get it moved to the library for reference.

[basa48]

MBNA in response to my CCA request sent a set of current T&Cs (no agreement).

 

The APR is given as 34.9% (variable)

The standard interest rate (for all card purchases, balance transfers, money transfers, cheque transactions and cash transactions) is given as 34.9% p.a. variable (a year).

There are also 3.0% handling fees for each of the above except card purchases.

 

I assume from the above that either the APR or the interest rate is wrong???

 

Also the T&Cs are not in the prescribed form since all this information and the timings and methods of payment are interspersed in the document.

 

Unfortunately none of this is any use IF they produce the usual *agreement* with this information pasted onto it.

[lexis200]

Having read that letter you sent to MBNA, Lexis, I am of the opinion that Ms Powell definitely did not have the loan of the brain cell that day. Glad it wasn't just me then:D

 

I dont have any specific names of CEOs but I am sure if you addressed your letter to the CEO at the registered office, enclosing a copy of the letter you want answered in it's entirety and a covering letter stating just that. Then you might get somewhere. It's worth a go! I'll have to get on to boshing something up this weekend:)

 

 

 

I certainly hope so Cosalt. I hope to put the finishing touches to it over the weekend then get it moved to the library for reference.

 

[LadyK]

Could someone please look at what MBNA have sent me. Is this enforceable?

 

 

[the_shadow]

Could someone please look at what MBNA have sent me. Is this enforceable?

 

[ATTACH]8456[/ATTACH]

 

[ATTACH]8457[/ATTACH]

 

Fraid the images are too small to read

 

S.

[LadyK]

Hi S

Sorry, I don't know what I have done wrong, do you know how to enlarge them? Not done this before

LK