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Muffintop v mbna


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Havent had a chance to go through it GG, will take a look 2moz in greater detail and let you know.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Read right through my sar and cant find anything adverse, no sign of any defaults, they have record of all my letters that i sent including the date of the first cca request which is usefull for court, at least they cant deny they had it. They have put that they have sent me my agreement and t & cs but clearly they havent sent a signed true copy just the microfiche, its &&& or bust, I know I will either have to sit it out 6 years or push it to court. I prefer to push it to court and get it done with.

Was thinking of writing for a suggested full and final settlement and seeing what response I get. any comments?

My next step is to send this letter provided by GG

comments pse.

 

Dear Sir/Madam

 

Re: Account/Reference Number

 

Postage Reference:

 

REQUEST PERSUANT TO CIVIL PROCEDURE RULES PRE ACTION PROTOCOLS AND PART31.16.

 

I write with regards to the above alleged account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. If it is not convient for you to provide me this by return post then a copy can be sent to my local Halifax branch @ .

 

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and would ask for a response by Date..................... ................

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi m

 

did you get a default notice in there, i got most things but no DN.

 

But i did get a letter saying there couldnt get a better copy of my agreements, as the originals are not available.

 

GG

Wow guzzle, that is a right result the letter saying they dont have it! what do you plan to do now.... push to court I would have thought or settlement...

pse take a look at my last and let me know what you think.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Preparing to send pre court cpr request following you guzzle. show me the way

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi Muffintop,

 

Am subbing your thread as I too am after MBNA (on behalf of my husband - 2 c.cards) and am slightly behind you so will keep watching to see if I can learn anything. You have been getting some very good advice which has also been a help to me, so thanks everyone!

 

Yesterday we received the response to the SAR request and it consisted of several pages of transactions and charges, but nothing else. We are still awaiting the CCAs.

 

As they are still within the 40 days for the SAR do you think we should write and ask them where the rest of OH's info is?

 

We have been advised by another CAGger to complain to the ICO but obviously couldn't do this till the full 40 days were up.

 

Anyway, good luck!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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hiya muffintop and everyone else with mbna problems

 

not sure if you are already aware of underdog thread as is speaking with a solicitor on monday

 

take a peek maybe useful

 

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat.html

 

 

laters ange x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I got letter from mbna saying they may be taking me to court and I could get a ccj or a charging order on my house

 

is this an empty threat..... how can they do that when they havent given me a valid cca

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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also had a letter mbna saying

 

for the avoidance of doubt, the consumer credit act 1974 does not prohibit collection activity when an account in dispute

 

 

must bottom out if this is rubbish or true, this will affect all of our letters placing account in dispute

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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MADE A COMPLAINT TO TRADING STANDARDS RE NON COMPLIANCE OF SENDING MY CCA AND ONGOING HARASSMENT FROM MBNA AND BC.

BELOW IS THERE REPLY WHICH THEY ARE INVESTIGATING. THOUGHT YOU MAY LIKE TO READ THEIR TAKE AND FIND ANY FAULTS IN THEIR REPLY

http://i369.photobucket.com/albums/o.../TRADSTAND.jpg

http://i369.photobucket.com/albums/o...TRADSTAND2.jpg

http://i369.photobucket.com/albums/o...TRADSTAND3.jpg

http://i369.photobucket.com/albums/o...TRADSTAND4.jpg

http://i369.photobucket.com/albums/o...TRADSTAND5.jpg

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Guys, my hubby has a thread Dtjim v MBNA

he is in a complete panic and I dont know the answer could you guys support him as he is a lot newer than me and wants to do it himself, would any of you be able to skip over and offer advise.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi Muffintop - I've been reading your case with interest and am subbing now. Good luck.

Claimed bank charges back from First Direct - 2007

Claim pending for bank charges with Alliance & Leicester - 2008

Looking into enforceability of CCA's with MBNA (x2) and Next Directory - 2009

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Thanks for support guys nice to know you with me at least I can report back so it may help when you get to the same stage. Im currently waiting for the outcome of my cpr request.... if guzzles thread is anything to go by they wont respond and will sell the debt. about to place a notice of correction on file

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HI M

 

I havent had any contact with them for about 2 weeks no phone calls or letters, so i think they about to sell the accounts.

 

They did supply me with a default notice for one account but it is rubbish, so keeping that safe.

 

Your right i dont think they will reply to your cpr request, or anything else you want off them!

 

Im still waiting for some documents that are missing from the SAR, but i dont think il get them, i keep writing to ask for them just to be a pain in their a*s really.

 

GG

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Tnx guzzle, what happens to us when they sell the debt? what do we need to do then?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi m

 

I think the reason they sell it on is because they dont want to take it to court. If a DCA buys the debt, i take it that the circle starts again, letters phone calls etc.

 

But personally ive given them a chance to let me view the agreement(which would of cleared this up once and and for all), but they said it wasnt available.

 

But the DN ive received is rubbish, so thats my get out if an enforceable document appears.

 

I think il be happy if they sell it on, ive had enough of their we are trying to help you letters followed up by threat letters on the same day mostly.

 

Still we have to stay strong!

 

GG

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By the way Guzzle have you checked out your credit file recently? mine is trashed by them already after only 3 months

 

If the debt is bought by another dca... do you deal with the new dca or the original creditor?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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hiya muffintop and GG and all subbed here too

 

hey ho my credit file im even scared to view it....yikes

 

but hey ho again, am i looking to remortgage ?? no

 

not looking to change my phone provider or need a car etc

 

so really could a bad credit file affect work prospects is my only real concern - any experience of this by the way?

 

muffintop did send you pm re credit file info thank you when you have a mo of peace,

 

so we go around the circle and like you say the dn being flawed is an ace we need to keep very safe;)

 

laters off to hang out washing need a bit of fresh air, will be back

 

angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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thanks Guzzle and Angel both a wealth of information

 

I have been sorting out my credit file all morning just to have them trash it again next month probably, and of couse there are experian, equifax and call credit

 

Numbers equifax 0870 0100583.. call credit 0870 0601414

Experian 0800 656 9000

and you have to go to all of them individually to get your file cleaned up. Iv found the online option the easiest to understand and you can check it daily. They have placed the notice of correction immediately on my file and if a default is put on there all can do is go to info comissioner and wait a year for them to get round to it. fos I guess and finally court....

angel will take a look at pm in a bit xx

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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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?

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thanks Guzzle and Angel both a wealth of information

 

I have been sorting out my credit file all morning just to have them trash it again next month probably, and of couse there are experian, equifax and call credit

 

Numbers equifax 0870 0100583.. call credit 0870 0601414

Experian 0800 656 9000

and you have to go to all of them individually to get your file cleaned up. Iv found the online option the easiest to understand and you can check it daily. They have placed the notice of correction immediately on my file and if a default is put on there all can do is go to info comissioner and wait a year for them to get round to it. fos I guess and finally court....

angel will take a look at pm in a bit xx

When MBNA sell the debt does this mean they have ended their agreement/contract with the consumer? If so I have a lettter that can force them to stop providing data to the CRA's. Have PM'd it to you MuffinTop.
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Tnx Toxic,, glad you getting lots of help now... Iv been on cag all day and my fingers are sore. bin on the phone to trading standards today whoe have passed my complaint to their cheshire office now to liaise with mbna, given them letter of authority, not sure they are actually sure where Im coming from though, and for harassment to prove civilly you would need recording of the phone calls.

 

Iv got your pm but will read it 2moz as need to digest it thanks for sending.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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