Mbna 'agreement' - now threat of legal action

[sunflower99]

The ICO have just squeezed my SAR out of MBNA at last but they QUOTE are unable to look into requests made under the CCA UNQUOTE

 

They suggest I try the OFT for that

 

I think the CPR route is the only one for that:?

Hi AA99

but your alleged agreement was sent under a SAR request not a cca request that time so surely if banks sending misleading inaccurate or incomplete ccas under a sar request it should come under their investigations?

[AA99]

Hi AA99

but your alleged agreement was sent under a SAR request not a cca request that time so surely if banks sending misleading inaccurate or incomplete ccas under a sar request it should come under their investigations?

 

No, my alleged agreement keeps being promised to me with great apology now, point was the ICO will not deal with getting info from an OC where it is to do with the CCA because they don't deal with that, only SAR's:???:

[Windywoo]

I SAR'd them last November specifically asking for my CCA to see if they would come up with a different document - it was exactly the same!!

[AA99]

I've always done CCA and SAR separately. I've never asked for the CCA to be within the SAR:???:

[WelshMam2009]

No, my alleged agreement keeps being promised to me with great apology now, point was the ICO will not deal with getting info from an OC where it is to do with the CCA because they don't deal with that, only SAR's:???:

 

It's all to do with the legislation and the infamous RED TAPE as you probably know. The SAR is made under the Data Protection Act and hence, the Information Commissioner has jurisdiction.

 

CCA's are made under the Consumer Credit Act and seems to fall under Trading Standards ?? Haven't quite grasped the logic in that...personally I think it should be down to the Financial Ombudsman or OFT to investigate.

[user2006]

Hi all, just a quick question... Are your accounts with MBNA directly or through 3rd party i.e Virgin CC. The reason i'm asking is becouse i have a CC with virgin but have sent a couple of letters directly to MBNA over a month ago.

Should i have sent them to Virgin originally?

 

Sorry for H-jacking this thread.

cheers

[fleeced_by_rbos]

Hi user2006, your Virgin card is run by MBNA therefore you send all communication to MBNA. If you need any specific help, you should start you own thread where you'll get more help and your questions won't get drowned in this general-ranting-thread! ;-)

 

Good luck

FBR

[user2006]

Hi user2006, your Virgin card is run by MBNA therefore you send all communication to MBNA. If you need any specific help, you should start you own thread where you'll get more help and your questions won't get drowned in this general-ranting-thread! ;-)

 

Good luck

FBR

 

Thanks for the quick response! +

[Gazza112]

Subbing

[user2006]

Hello Underdog,

I was just wondering how far you have got with this since December.

Did you stop making payments? I thought if an account is in despute the OC can not demand payments, process any data or sell the dept.

Any info much apriciated..

[underdog13]

Hi User2006,

 

creds are not supposed to do any of the things you mentioned whilst an account is disputed, but they frequently do.

 

MBNA's modus operandi seems to be that they sell the debt on or proceed to court after 7 missed payments.

 

I notice you joined in 2006 and had a thread on MBNA - how have you got on in the past 3 years?

[user2006]

Hi User2006,

 

creds are not supposed to do any of the things you mentioned whilst an account is disputed, but they frequently do.

 

MBNA's modus operandi seems to be that they sell the debt on or proceed to court after 7 missed payments.

 

I notice you joined in 2006 and had a thread on MBNA - how have you got on in the past 3 years?

 

Thanks for your quick response UD13.

Yeah i have sent a request for a CCA a few months ago...still waiting. as of yet i haven't recieved a thing.

i'm was just wondering how you've got on with your case. i don't want defauts on my account/ credit rating so i was just wondering what your course of action was and where you see this heading.

How easy is it to get data removed if they do record it on the account ect.

surly if they haven't provided a CCA and then proceed to court after 7 months they haven't got a leg to stand on. (so to speak)

 

I signed up for an account on recommendation from a user on HotUKdeals website, i managed to get back all charges from RBS 'unfair charges' a few years ago.

 

Soz for all the questions,

[WelshMam2009]

Hi User2006,

 

creds are not supposed to do any of the things you mentioned whilst an account is disputed, but they frequently do.

 

MBNA's modus operandi seems to be that they sell the debt on or proceed to court after 7 missed payments.

 

In addition to Clause 78(6) of CCA which states that;

 

If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

The OFT Debt Collection Guidance provides the folllowing as an example of an unfair practice:

 

not ceasing collection activity whilst investigating a reasonably queried or disputed debt

I guess MBNA would argue that they are so efficient with their paperwork that their 'investigation' was opened and closed within a matter of seconds...just like their CCA requests!!

[underdog13]

Thanks for your quick response UD13.

Yeah i have sent a request for a CCA a few months ago...still waiting. as of yet i haven't recieved a thing.

i'm was just wondering how you've got on with your case. i don't want defauts on my account/ credit rating so i was just wondering what your course of action was and where you see this heading.

How easy is it to get data removed if they do record it on the account ect.

surly if they haven't provided a CCA and then proceed to court after 7 months they haven't got a leg to stand on. (so to speak)

 

I signed up for an account on recommendation from a user on HotUKdeals website, i managed to get back all charges from RBS 'unfair charges' a few years ago.

 

Soz for all the questions,

 

MBNA generally take a few months to respond to s78 requests.

 

If you withhold payment or make lower payments, it will damage your credit rating I'm afraid. It is not easy to get defaults removed, but some have achieved it after a bit of a battle.

 

An enforceable agreement is necessary in court cases, but some judges seem to be overlooking that fact:roll: However, if they make a judgement in error of law, you can appeal.

 

Quite a few people seem to be winning their cases against MBNA - have a read round the forums:)

[odezi]

MBNA have sold by debt to 1st Credit who have sent me a letter threatening legal action. Anyone with good advice on how to deal with them please. This is despite me appointing a debt management company. Shouls I send them a letter requesting a copy of the agreement. If so, who should I send it to, MBNA or 1st Credit?

[fleeced_by_rbos]

MBNA have sold by debt to 1st Credit who have sent me a letter threatening legal action. Anyone with good advice on how to deal with them please. This is despite me appointing a debt management company. Shouls I send them a letter requesting a copy of the agreement. If so, who should I send it to, MBNA or 1st Credit?

 

Did you CCA them? If so and you now have a disputed agreement with them, then they cannot pass it on until that is resolved. Well we are currently discussing the point of whether they are allowed to enforce any rights, but that would seem like an obvious one that they couldn't enforce - that would mean any creditor could wriggle out of any dispute by passing it on and then if the DCA has the same response from you then they could pass it on again indefinitely whilst the account picks up more interest and charges which doesn't seem right and against the CCA wording.

 

If you CCA'd MBNA then you could forward that letter and any response on to the DCA and demand that the DCA does not undertake any action as the account is in dispute. If you haven't CCA'd MBNA then CCA the DCA instead.

[odezi]

Did you CCA them? If so and you now have a disputed agreement with them, then they cannot pass it on until that is resolved. Well we are currently discussing the point of whether they are allowed to enforce any rights, but that would seem like an obvious one that they couldn't enforce - that would mean any creditor could wriggle out of any dispute by passing it on and then if the DCA has the same response from you then they could pass it on again indefinitely whilst the account picks up more interest and charges which doesn't seem right and against the CCA wording.

 

If you CCA'd MBNA then you could forward that letter and any response on to the DCA and demand that the DCA does not undertake any action as the account is in dispute. If you haven't CCA'd MBNA then CCA the DCA instead.

 

The plan was to CCA MBNA unfortunately Abbey came calling. I am increasing finding that these financial institutions do not keep to their word. I had been in discussions with Abbey over my mortgage and the arrears. They had been contacted by DWP that the interest was going to be paid by them and within a few days I got a letter from Eversheds threatening repossession. An agreement was reached but Eversheds are still continuing with the case and they plan to suspend in case I miss one payment.

 

I will definitely CCA MBNA tomorrow and send a copy to the DCA. They have added ver £1k since November 2008

[fleeced_by_rbos]

I think many financial institutions are like packs of wolves at the moment, they are more hungry for our money than ever now so they hunt with more enthusiasm than they ever did before. So why bother communicating when they can continue to hound and threaten, it's easier for them isn't it?

 

A sad indictment of what the core values of the financial industry are me thinks.

[odezi]

You're not wrong. It would be really hilarious if it wasn't so serious. The letter from Eversheds is dated 19 March, the first instalment is due 19 March and I only received the letter yesterday. So technically I am already in default.

[Gazza112]

MBNA have sold by debt to 1st Credit who have sent me a letter threatening legal action. Anyone with good advice on how to deal with them please. This is despite me appointing a debt management company. Shouls I send them a letter requesting a copy of the agreement. If so, who should I send it to, MBNA or 1st Credit?

 

 

Hi Odezi

 

There's a few things you can do, going what's been going on my MBNA thread.

Firstly i would CCA 1st Credit find out what documents they've got.

Check your default notice see what the remedy of the default date.

Check the what date 1st Credit took your account over.

Reason i say the above is MBNA have a way of Scewing the date up from the Default stage and Asigning the dept to a third party.

 

Gaz

[WelshMam2009]

You're not wrong. It would be really hilarious if it wasn't so serious. The letter from Eversheds is dated 19 March, the first instalment is due 19 March and I only received the letter yesterday. So technically I am already in default.

 

Just make sure you're keeping the envelopes as well Odezi...

[proudtobegerman]

Hello everyone ! New to this site so apologies if i'm taking over someone elses page !! My problem is with MBNA though ! I sent them a request 2 months asking for my credit agreement. Received nothing. They passed the account onto CL Lewis. Sent them a request for the credit agreement pursuant 77/78 CCA. Nothing received, except for a county court claim form received this morning issued by northampton county court !! I phoned them and pointed this out and they said nothing to do with them now !!!! What do I do now ??!?! this wasn't in the script !!!!!

[underdog13]

Hi Proudto begerman,

 

Welcome to Cag:)

 

Don't mind you posting on this thread, but I think you would be better served if you open your own thread in the legal section - you'll get more specialised help there.

 

Click on the legal forum and then on the new thread button. Best of luck to you:)

[atwozee]

Hello everyone ! New to this site so apologies if i'm taking over someone elses page !! My problem is with MBNA though ! I sent them a request 2 months asking for my credit agreement. Received nothing. They passed the account onto CL Lewis. Sent them a request for the credit agreement pursuant 77/78 CCA. Nothing received, except for a county court claim form received this morning issued by northampton county court !! I phoned them and pointed this out and they said nothing to do with them now !!!! What do I do now ??!?! this wasn't in the script !!!!!

 

Start a new thread in the legal issues section and you will get plenty of help.

 

Have a look at this thread for starters

http://www.consumeractiongroup.co.uk/forum/legal-issues/178810-cl-finance-howard-cohen.html

[proudtobegerman]

Can anyone offer any advice as to what to do now ??