Mbna 'agreement' - now threat of legal action

[proudtobegerman]

Sorry. Just seen your notes. Thank you very much !

[odezi]

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

 

Many thanks Welshmam2009. I have developed a habit of keeping everything because I fast realising that some of these companies will try anything.

[Nomore Baloney]

Had a girl on the home phone yesterday from 1st Credit asking me to confirm I was happy that there was no fraud on the account.

 

I told her I hadn't mentioned fraud and the account was in dispute because they hadn't complied with my CCA request.

 

She still banged on about fraud and I why I hadn't confirmed I was happy as such as requested in their letter.

 

I told her I couldn't comment until I had the full, compliant agreement.

 

She then tried to get me to confirm that once I had the full agreement, that they DID have that I would clear the outstanding amount.

 

I just reiterated my, 'no comment until I recieve a full, compliant agreement', statement. That cheered her up no end, hehehhe.

 

She promised to send it out yesterday, so I will see what happens.

 

Puzzled as to why they are so keen about my alleged fraud bit. I have not mentioned it, so I figure there is some angle there that they are worried about. Just have to work it out.

 

Funny lot to deal with though..

[the_shadow]

Had a girl on the home phone yesterday from 1st Credit asking me to confirm I was happy that there was no fraud on the account.

 

I told her I hadn't mentioned fraud and the account was in dispute because they hadn't complied with my CCA request.

 

She still banged on about fraud and I why I hadn't confirmed I was happy as such as requested in their letter.

 

I told her I couldn't comment until I had the full, compliant agreement.

 

She then tried to get me to confirm that once I had the full agreement, that they DID have that I would clear the outstanding amount.

 

I just reiterated my, 'no comment until I recieve a full, compliant agreement', statement. That cheered her up no end, hehehhe.

 

She promised to send it out yesterday, so I will see what happens.

 

Puzzled as to why they are so keen about my alleged fraud bit. I have not mentioned it, so I figure there is some angle there that they are worried about. Just have to work it out.

 

Funny lot to deal with though..

 

Perhaps the signature on the agreement is "iffy"

[Nomore Baloney]

Nope, it looks ok.

 

Can anyone remember what format these apps took? I think they were on of those that were on a single sheet of A4, but I'm not too sure.

 

Its just that I have a theory, but I would like to confirm the physical structure of the Virgin application before revealing my deductions. My app is the same as the on on post #3 (I think) at the start of this thread.

[WelshMam2009]

She still banged on about fraud and I why I hadn't confirmed I was happy as such as requested in their letter.

 

They obviously know something that we don't!!

 

If enough people challenge their 'cut and paste' agreements then it has to start sounding alarm bells sooner or later.

 

I imagine the CCA retrieval process is undertaken by relatively junior members of staff who may not fully comprehend the implications of 'do it yourself' agreements.

 

Fraud should almost certainly lose MBNA their licence and maybe someone a little higher up the food chain has cottoned on to their possibly irregular practices.

 

They wouldn't be pressing you for such a response NB unless it was of some significance to them.

[Nomore Baloney]

Hmmm.

 

Anyway, would still like to know what format the original application took/looked like.

[Nomore Baloney]

Anyone?

[Nomore Baloney]

Nope, it looks ok.

 

Can anyone remember what format these apps took? I think they were on of those that were on a single sheet of A4, but I'm not too sure.

 

Its just that I have a theory, but I would like to confirm the physical structure of the Virgin application before revealing my deductions. My app is the same as the on on post #3 (I think) at the start of this thread.

 

Hello, anyone about?

[AA99]

Hello, anyone about?

Hi, I've got a Virgin original card carrier document from March 2007 but never an application form, was done online. For a CCA request, MBNA just sent A4 printer sheets with all their current T&C's on

 

I can post it up if you want:|

[Nomore Baloney]

Hi, I've got a Virgin original card carrier document from March 2007 but never an application form, was done online. For a CCA request, MBNA just sent A4 printer sheets with all their current T&C's on

 

I can post it up if you want:|

 

thanks for that, but what I am interested in is finding out what format the original app was as per the one in post #3.

 

Was it a double sided A4 sheet, maybe folded in half with 3 sides gummed together or maybe some other method of construction.

 

The point I am getting at is that if you look very carefully at one edge of the first page there are some tiny bits of torn paper at the edge of the photocopy highlighted by the black border. These are repeated on the second image, making it look as though it is 2 sides of the same sheet.

 

The question then becomes, how was it posted to them if it was just the one A4 sheet, as there is no address, or are some pages missing.

 

If you see what I mean!

[AA99]

Yes I do see what you mean but there seems to have been so many different ones issued by so many different card names, and at the end of the day, it's a matter of matching up yours, or lack of it, to theirs, to the judge in court on the day. A long road...........still, keep on keeping on

[odezi]

I send of my request for CCA last week to 1st Credit and they sent me a letter today saying they don't keep the agreement and it's still with MBNA. They said they have asked MBNA t send it to me. Has anyone else received such a letter from 1st credit? I find it strange that they have taken over the loan yet they don't have the agreement.

[Gazza112]

Hi Odezi

 

1st credit should by rights send you one if they have taken your account over. But the way MBNA work anything may happen.

 

Gaz

[odezi]

Hi Odezi

 

1st credit should by rights send you one if they have taken your account over. But the way MBNA work anything may happen.

 

Gaz

 

Many thanks for the reply. Am I able to ask them for an agreement confirming the transfer so that I can confirm is the charges added by 1st Credit is valid?

[Gazza112]

Yes, they need to show you that they hold your agreement and when they took the account over from MBNA.

 

Gaz

[sunflower99]

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:)

Hi Underdog!

Thats very encouraging!

[underdog13]

Hi Sunflower,

 

Happy to help:)

[odezi]

I sent my CCA request to MBNA and Northern Rock on 26 March. How long do I need to give them to reply. Also Northern Rock have put a temporary charge on my house. Can I ask them to remove it if they don't produce the CCA in the required time?

[SB100]

How did they get a 'temporary charge'? This would have to be granted by a court, unless you agreed to it.

[odezi]

How did they get a 'temporary charge'? This would have to be granted by a court, unless you agreed to it.

 

I didn't. My debts are been managed by a debt management company and when they made offers to the creditors Northern Rock did not accept it. They then sent a letter saying they were going to take out a temporary charge, which I cmmunicated to the debt mngt company and sent them the correspondence as they asked. The next letter was a court document saying they had got a temporary charge and were going to make an application fr a permanent one. The debt mngt are now challenging it. It was something I wanted to do myself but they said it would be better for them to file the challenge.

[citizenB]

I sent my CCA request to MBNA and Northern Rock on 26 March. How long do I need to give them to reply. Also Northern Rock have put a temporary charge on my house. Can I ask them to remove it if they don't produce the CCA in the required time?

 

the timescale for provision of the CCA is 12 +2 working days. Odezi, do you have your own thread on this

[odezi]

I'm afraid I don't. I will read the guide and try and set up a thread. Citizen B, many thanks for the dummies guide.

Edited April 7, 2009 by odezi

[citizenB]

I'm afraid I don't. I will read the guide and try and set up a thread. Citizen B, many thanks for the dummies guide.

 

When you have set up your thread, put a link here so people can track you down:D

[maroondevo52]

Get tracking

 

http://www.consumeractiongroup.co.uk/forum/mbna/193699-mbna-cc-loan-settlement.html