Muffintop v mbna

[Muffintop]

Muffintop

 

I too have MBNAitis! I have just read your thread from beginning to end and it is fascinating!

 

I have 2 MBNA cards now one ex BofS and one originally MBNA. They found and sent the application form for the first but it does not have the prescribed terms on the front nor does it mention them. The second they claim they canot send a photocopy of the original account - I assume they didn't even microfiche it.

 

Hopefully SAR will 'flush out' what else they have. Have received similar letters to you with threats of charging/defaults etc, again SAR should show whether or not this is true.

 

My query is what do I do next? The balances are frighteningly large and accruing interest at 34.9%! SHould I make a claim for charges and interest given the CCA's are not enforceable in court/can't be produced?

 

If they were in a better position would they not take me straight to court? They are hounding and hounding, phone call after phone call, email, text, work call and postcard!

 

What should I do?

An application form isnt the original agreement. they only have to send you a true (what they believe) is a true copy of your agreement, and I had the tear off microfiche slip and some current terms and conditions but thats not a copy of my agreement is it. Only the court will be able to bottom this one out one way or the other and until then they will ring, write maybe even turn up and trash your credit file. In the meantime you can as i am sit tight, insist on seeing a true copy, you will have a fight with them over your SAR and it wont show much up, make sure you have asked for any defaults registered in your sar too as they have habit off saying they have sent these out when they havent.All we can do is keep insisting on our agreements, Iv just gone one step further and reqeusted it under CPR pre court disclosure... others have said this still didnt work but to me at least when they take me to court or I take them to court it will show the dj iv done everything. The interest isnt supposed to continue to rack up as you have placed the account in dispute following their non compliance with your sec 77/78 request.I personally wouldnt start paying them as it causes confusion in continuity but the choice has to be yours.

Edited February 26, 2009 by Muffintop
lengthened response.

[forstal]

subbing

I have just started on my way with MBNA.

Thread been very helpfull

thanks

forstal

[Muffintop]

Glad that the help im receivin is being passed on

[Muffintop]

JUST HAD A LOVELY TEXT FROM MBNA

 

Following a recent account review you may wish to consider a secured homeowner loan to manage your finances through first union. call blah blah for details

 

How very kind of them to consider helping me get out of an unsecured non priority debt into a secured loan ..........

[guzzleguts]

Your not taking their offer up then M

[deepdebt]

Hi Muffintop,

 

I've had all that bull aswell, they even offered to lump all the CC debts into one big loan and tried to convince me that I could afford 10% interest rate to!, such nice people, shame I didn't feel up to taking on a secured loan to repay non-proven unsecured alleged debts.

 

These guys will try anything!

[bozalt]

I think its one the first things they attempted to get me to do!

[Muffintop]

Wonder what they will bring out of the bag next.

[bozalt]

40% partial settlement if they havent offered it already?

[angel_1]

oh you have to hand it to them, they do aim to please,,,lol

 

i think trying to trap you into further debt and then get you on a charging order when you default they hope,,,,

 

oh i wish i knew all this a year ago, mbna are horrible company

 

ive just had a thought the virgin card i thought id got was when i had a virgin one bank account, it is mbna,,, im thinking of complaining to Virgin about mbna that i feel let down by virgin in the way mbna are dealing with me, that the brand i thought i was involved in turns out to be mbna, ((of course i know now its a mbna card, but at the time it was all virgin paperwork and leaflets etc))

 

got to try just as good as them, can you imagine that letter landing on top mans desk? your brand has let me down sir,, i am not happy and will let all my freinds know how ive been treated and by the way Can you get me a copy of my fully executed legal agreement???

 

who knows think outside the box,,,, or balloon box should i say,,oops

 

laters guys sorry for rabbitting on angel x:cool:

[underdog13]

Think that may be a good idea, Angel - certainly worth a try:) Virign are supposed to be very hot on customer service - let them prove it;)

[Muffintop]

my latest daily digest from MBNA

A letter telling me that my decision not to pay my arrears despite their reminders and offers of assistance has forced them to withdraw my credit line and inform the cra.

If i persist i will get a default...

 

 

And if they persist they can take me to court and we will see who pays, unless they have my credit agreement of course...

muffintop

[guzzleguts]

Hi m

Oh well another sleepless night for you then, i still havent had a peep out of them for 3 weeks now, im worried, im starting to get lonely.

 

GG

[Muffintop]

Sorry Guzz, Im unnerved by their daily threats cant help but feel that will just pull the agreement out of the bag at court stage.

[guzzleguts]

If they had anything, i think it you would of received it by now, you know im in the same position as you, and i understand your concerns, but at the end of the day they messed up not you. If they are to busy to get properly executed agreements out, you shouldn't lose sleep over it, its their mistake not yours.

 

GG

[angel_1]

hiya muffintop,,,,

 

you know in your heart of hearts GG is right, but i understand your concern

 

im in the same boat too, but we have to stand firm and keep learning all the time and that will let our doubts hopefully fade away

 

keep positive laters angel x

[Muffintop]

Thanks for support guys, at the end of the day its gonna be me in court so I want to try and make as sure as poss I dont have an enforceable agreement... as you know I have sent them a cpr request... they are getting quite heavy with me now and just so you feel lonlier guzzle Iv had another freaking letter today! this one has scared the bejesus out of me a bit more will type it out, 4u to see, pse take a look and comment. I am then going to re post my tear off agreement just so youcan take another look and tell me what you think. I think its a tear of microfiche and i doubt they have original. i think its not a true copy and I think its the application form. I also think the font sizes and font type are different which is my justification for wanting to see the original copy your honour.

 

letter received today

 

we wish to set ou the banks position in the clearest terms possible. The information provided in our consumer credit agreements is sufficient to satisfy consumer credit legislation and the agreement is therefore enforceable.

 

for the avoidance of any doubt, all the necessary and prescribed terms are included in the agreement and in addition you will find taht these terms are also set out in the copy of the current credit agreement we also provided.

 

we can confirm that MBNA does not regard the account balance or your obligation to repay the debt as being in disp;ute and as the account is not in an agreed dispute you are not permitted to stop making your contrafctual payments.

 

as you have used the card and incurred a debt this will be reported with the credit reference agencies, as will any failure to meet the monthly payments. we can confirm that the last payment ade to the account was in december 2008.

 

whilstt the account remains in arrears we may utilize the services of collection agencies in the recovery of the outstanding amount. in addition there may come a time in the future when, if you have failed to make proper repayment against the credi ard MBNA may sell or assign the debt to a third party.

 

from bez shaw the compliance department.

 

***************************************

 

this is what iv had from them in my sar and by post.

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbnasign2.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbnasign1.jpg

 

if anyone has a really suitable letter telling them i mean business and to foxtrot off then could use it pse now.

Edited February 28, 2009 by Muffintop
typo

[guzzleguts]

Hi M

exactly the same as mine unenforceable unless they can prove the prescribed terms are on the back, as they only have microfiche how are they going to prove otherwise. And their DN is rubbish i cant see paragraph 8.

 

Most of their letters are just trying to scare you into paying, if and when they do something about it, their are people on here that will guide you through it.

 

Please try not to worry, i know you wont listen but try. And by the way i had that letter about a month ago!

 

GG

[davey77]

It's hard to read the details on those. If the Prescribed Terms are on the first image then they could say that those two are the agreement, as long as one is on the back of the other. 9Not found on any other document.)

 

Although as GG says, if all they have are two separate images and in microfiche how can they (without a doubt) prove that the two images are connected to each other?

 

I don't see a lenders signature, just yours (i am assuming). Therefore at the very least Improperly Executed surely. Which, although not as strong an argument as complete un-enforceability, i would say is worth pursuing.

 

Not sure it is quite relevant but a useful post here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180858-volvo-cabot-bank-one.html#post1966842

[Muffintop]

GG I do worry less knowing you have had same letter. this isnt a DN is it? as they have said no further correspondance will be entered into, shall I not bother replying?? tnx for your support it really does help

[guzzleguts]

No its not a DN, you should be in no doubt when you receive a DN it will be titled DEFAULT NOTICE SECTION 87, but they are quite rare with MBNA and quite often invalid, and they need to issue one before taking any action against you.

 

You can reply but as you know they wont even read your letter and it wont stop them ringing unfortunately!

 

GG

[Muffintop]

Tnx Guzz, stuff them then if they dont want any more correspondance then thats what they want

[Muffintop]

Had yet another letter MBNA (I HAVE A 2ND ACCOUNT WITH THEM I HADNT CCA'D YET, WILL NOW) THEY HAVE TOLD ME THAT THEY HAVE PUT A COMPLETE BLOCK ON BOTH MY ACCOUNTS, CANT USE THEM OR CHEQUES ETC.. and they want me to cut up my cards and return them to them..... read a thread on someone who did this so will just cut them up and keep them. One minute they are saying they are not going to correspond on the matter any more the next their sending me letters.

[davey77]

http://i157.photobucket.com/albums/t42/davey77_2007/AmexBurn.jpg

 

[dtjim]

Cutting them up is fine but I would'nt send them back. They has obviously realised that you have 2 x accounts and that their case is weak which is why they have cancelled your other card - so they dont over expose themselves! You will just have to start all the paperwork with the other card now. Good luck muffin top.