Mbna 'agreement' - now threat of legal action

[amsgirl]

subbing

[citizenB]

Get tracking

 

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

 

 

Thank you

[angel_1]

hiya all

 

just managed to pop in, been a bit hectic trying to help my friend with the repossession so if anyone can help would appreciate it

 

the only thread started by survivor_13

 

cheers catch up tomorrow laters angel x

[sunflower99]

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?

How an earth can they get a temporary charge! !You either get a charging order imposed by a court or you dont! Surely there is no half measure like a temporary charge? These DCAs are unbeleivable

[the_shadow]

How an earth can they get a temporary charge! !You either get a charging order imposed by a court or you dont! Surely there is no half measure like a temporary charge? These DCAs are unbeleivable

 

Searched and found this:

 

If a DCA applies for a charging order the court automatically puts an interim charging order on the property:mad:, the land registry will then mark the record and the defendant will be unable to sell the property:mad: until the case is heard in court. A copy of the Interim charging order should be sent to the defendant.

 

They can only get the above if they have already got a judgement against you though.....

 

Got the above from here

 

S.

[sunflower99]

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..

Sonds like MBNA and first credit got something to worry about!

[sunflower99]

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.

Yes i always think it is weird that these DCA buy accounts without insisting on haveing the original agreement off MBNA especially as they now know that the unenforceable CCA issue is openning up a whole can of worms for the banks,

[sunflower99]

Searched and found this:

 

If a DCA applies for a charging order the court automatically puts an interim charging order on the property:mad:, the land registry will then mark the record and the defendant will be unable to sell the property:mad: until the case is heard in court. A copy of the Interim charging order should be sent to the defendant.

 

They can only get the above if they have already got a judgement against you though.....

 

Got the above from here

 

S.

Hi Shadow

Thanks for making things clearer about this issue:)

[sunflower99]

The fun starts almond, if the original creditor has issued a default notice then TERMINATED the account. The DCA then tries to collect, the alledged debtor says BOGOF and the DCA says.. ooops, we dont like this person we will send it back to the OC. The OC is then stumped cos they have terminated there is NO bliddy agreement

 

So they then try and offload it on to another unsuspecting DCA, lower and lower down the food chain so as to speak.

Thats very handy to know CitB!

[odezi]

Many thanks to you all for the information on the charge. It's ironic that the Bank that was first bailed out by the Govt is the one that is been most aggressive. I sent them a letter for a copy of the CCA on 26th March and if they have not delivered by next week then I will ask them to remove the charge because they can not put a charge if they can't prove the debt exists.

[citizenB]

Hi UD, can you confirm there was a back page for only the Virgin Card ?

 

Thanks,

[underdog13]

Hi UD, can you confirm there was a back page for only the Virgin Card ?

 

Thanks,

 

Hi CitB,

yes, there was only a back page for the Virgin 'agreement'

[basa48]

OK can I butt in here.

 

CCA'd MBNA way back mid February and they just got around to supplying it.

 

Only they didn't !! All I got was the original T&Cs and a statement.

 

All this with a letter saying they enclose "....the credit card agreement (original and current)....." and then further on it says "....a copy of the original credit agreement has been requested for you and should we be able to provide you with a copy we will forward it". It also goes on to say all the prescribed terms are included in the agreement.

 

Well the terms are included in the T&Cs, but quite obviously there is nowhere that anyone could sign anything.

 

Is this a new tack by MBNA ... to totally confuse ??

 

The T&Cs are I'm sure genuine because they are a good quality photocopy and the last page concludes with a long row of small print digits including my credit card account number.

 

Anyone else seen this sort of thing??

[citizenB]

Hi CitB,

yes, there was only a back page for the Virgin 'agreement'

 

Thanks UD:D

 

Basa, umm, nope not a new tactic.. MBNA have been on a mission to confuse us all for quite some time:D

 

If the T&Cs are current, then it is quite likely they are of a good quality. What date is your account from.

[basa48]

Basa, umm, nope not a new tactic.. MBNA have been on a mission to confuse us all for quite some time:D

 

If the T&Cs are current, then it is quite likely they are of a good quality. What date is your account from.

 

I really can't recall, but must be from around 2000-2002 era.

 

I've actually just looked more closely at the T&Cs sent to me. These are up to date / current T&Cs because the interest rate quoted is 34%+

Edited April 28, 2009 by basa48

[guzzleguts]

CB

 

I have my original T&C's from 2003 would it be helpful for me to post them up for the new thread?

 

Also these T&C's make the majority of the DN's on here invalid because of the Clause/paragraph 8 issue!

 

GG

[citizenB]

Hi GG, yes they would be very useful, thank you. If you dont want to put them on your own thread, then just stash them on photobucket and pm me a link.

 

Much appreciated. I think I will put a note on the new MBNA thread to ask others if they have T&cs from other years. Good thinking batman

[WelshMam2009]

CB

 

I have my original T&C's from 2003 would it be helpful for me to post them up for the new thread?

 

Also these T&C's make the majority of the DN's on here invalid because of the Clause/paragraph 8 issue!

 

GG

 

Defo...my DN says paragraph 8 also

[guzzleguts]

Hi welshmam

I have pm'd CB with them and she will be posting them on the new thread, dont worry paragraph 8 only states about international transactions, so i think most DN's stateting this will be brollocks:D

 

GG

[WelshMam2009]

Hi welshmam

I have pm'd CB with them and she will be posting them on the new thread, dont worry paragraph 8 only states about international transactions, so i think most DN's stateting this will be brollocks:D

 

GG

 

Don't you just love it when that happens?????!!!!!!!!

 

Thanks GG!!

[citizenB]

Yep, received safe n sound, thanks GG. They will be on the thread tomorrow.

 

Thank you to everyone who has contributed.

[AA99]

I also must have half a dozen sets of T&C's in the forms of leaflets, among other leaflets that come with statements, etc. None of them refer to my Credit Agreement, which in turn refers to a random number in the T&C's ! Which set of T&C's:eek: I would love to operate a company that could legally do that - what a rip off!!

[underdog13]

Don't you just love it when that happens?????!!!!!!!!

 

Thanks GG!!

 

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

[guzzleguts]

Exactly UD im waiting for their AQ's right now, can't wait to put my full defence in with the invalid DN para 8 and not 14 clear days and no rate of interest for credit limit, and a microfiche application thats a joke, im just off to buy some more ink!

 

GG

[underdog13]

More power to your printer GG; don't forget to claim for the cost of the ink in your costs when you win!