My Cca From Mbna Please Look

[Talbot]

sounds to me like thats the best copy they can put together, i would love to see what they produce in court?

[ltc1607]

sub

[ANDREAMOUR]

sounds to me like thats the best copy they can put together, i would love to see what they produce in court?

 

 

I think it is else they would have sent it me by now.

I defo dont think that copy will stand up in court.

[Talbot]

subbing..not an expert but there are plenty on here so don't worry i'm sure someone will come along soon.

To make it easier can you post a detailed list of whats happened so far such as May 2000 took card out

April 2001 couldn't pay etc

 

It makes it easier for someone to give you the best advice.

 

Also how long after the non payment have they sent you these letters (include this in the description)

Edited March 29, 2009 by Talbot
add

[ANDREAMOUR]

To make it easier can you post a detailed list of whats happened so far such as May 2000 took card out

April 2001 couldn't pay etc

 

It makes it easier for someone to give you the best advice.

 

Also how long after the non payment have they sent you these letters (include this in the description)

 

Thanks Talbot.

I took the card out in June 2003

Its been up to my limit for a while and id been making the minimum payment each month.

I kept up the payments right up until Nov 2008 when i hit financial difficulties..

A friend of mine mentioned about cca and said i should ask for mine

so i called mbna and they sent it out after about 2 weeks Dec 08..

I didnt know what i was actually looking for until i came on here.

I had the usual reminders off mbna that i was behind on payments up untill feb this year when i had a threatogram from optima.

I wrote to optima and explained about my illegible cca..

Then i wrote to mbna and asked for a better copy of my agreement and i sent them a written cca request with the statatory £1 (thought it was best to have a paper trail)

After that i had a few letters from them saying to contact them because they ant to help! lol

Then they wrote back saying its the best copy they have and they have supplied me with everything that they have to and that they are in the right im wrong and pay the money back..

Thats about it up until last week when i received the last 2 letters

Edited March 31, 2009 by ANDREAMOUR

[TheBigHill]

Hi,

 

Your last letter is nearly the same as one I recently received. Here is a link to the advice I was given. Hope this is helpful.

 

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/183530-do-i-have-leg.html

 

Dave

[ANDREAMOUR]

Thanks Pb

Did You Write Back To Mbna?

[TheBigHill]

Hi,

 

I only got that letter last week but at the moment I do not have any intention of writing back to them as they state in the letter that they will not enter into any correspondence and I can't be arsed lol.

 

Dave

[ANDREAMOUR]

Lol

Thats what stumped me..

What can you write to somebody that isnt interested in anything you write?

[the_shadow]

Lol

Thats what stumped me..

What can you write to somebody that isnt interested in anything you write?

 

Your not really writing for their benefit though... if this ever gets to court look at the paper trail you have provided and look at the lack of response from them:-)

[ANDREAMOUR]

Very true!

[TheBigHill]

Thanks pmw1971,

 

I hadn't thought of that. Looks like I will be dusting off the typewriter again lol.

 

Andrea: I get the impression that we have nothing to worry about at the moment as the ball is still in their court. Maybe some more nasty letters to come but I for one have been phonecall free for the past couple days.

 

I think their next step will be some type of default notice as they seem to ignore the "in dispute" letters.

 

Keep us posted.

 

Dave

[ANDREAMOUR]

Had this through today..

 

[the_shadow]

haha the muppets..

 

"You were supplied with a copy which you should have retained for your records"

 

Err this is a supposedly a sophisticated financial institute which for reasons only they can explain they decided to scan agreements, not bother quality checking the scanned images and then shred the original documents..

 

Go figure MBNA!

 

relevant section to quote to them

I am entitled to receive a true copy of the Agreement and such true copy must be easily legible. What you have sent is not a true copy, nor easily legible. It is hard to read due to poor quality copying of a copy.

 

This is contrary to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

[ANDREAMOUR]

Thanks shadow i have included it in a letter.

Lets see if they reply.

[ANDREAMOUR]

It seems that mbna really dont take any notice of anything we tell them.

Had a letter from them today..

I also had a letter from the financial ombusman about the complaint i have made against mbna i need to fill in a form and that will set the ball rolling...

Heres the letter from mbna

 

[squidward]

Hi Andreamour

 

All I can say is what a bunch of ignorant arrogant barstewards.

 

I truly hope things get sorted soon...I get the feeling MBNA staff don't communicate with each other let alone the customers they should harder.

 

MBNA you FAIL

 

Squidward

[ANDREAMOUR]

Hi Squidward

They really are an unruley bunch.

Thanks for your support.

[ANDREAMOUR]

Had this through earlier this week and today i had a post card from them stating they will be visiting me at home next week!

This is a bit worrying...

Are they allowed to come to my house?

Can i stop them from coming?

Does any 1 know?

 

[squidward]

Hi Andreamour

 

I'm not 100% sure but I thought they had to give you 14 clear days to remedy the default i.e something like default will be registered on **date** if you don't fulfill your obligations " not just " in the next few days"

 

IMHO Scare tactics!

 

Someone will be along with a lot more experience soon

 

Squidward

[the_shadow]

That is not a default as required under s87 of the act, however it could be a warning sent after a default notice has been issued... have you received a DN prior to this... [i've only had time to briefly scan the thread]

 

If this is what they rely on as a default notice then they are in for a big big shock if it ever gets to court.

 

S.

[ANDREAMOUR]

Dont think i have been sent a default notice...

They have sent me everything else.. lol

Had this last week but dont think it is.

 

[the_shadow]

Nope you are correct this is a new thing required by the CCA2006 regs that gives you a statement of arrears.

 

If you have not received a DN and have had a threat of a Default Notice put on your record in the next couple of days! if they dont receive a payment then it might be worth doing a subject Access request to get all the information they hold about you.

 

You'll need to specifically request a copy of the default notice and ALL manual intervention in the account.

 

If they have produced a default notice they'll have a notice of it in the info you receive back although they probably wont be able to produce a copy of the actual DN.

 

Unfortunately this can take up to 40days for them to respond and if they carry out the threat then you will have a default on your record albeit wrongly applied as you have not received the DN and can put them to strict proof its been delivered if it ever gets to court.

 

S.

[ANDREAMOUR]

Thanks shadow

I will give it a couple of days and see what they do.

The fos are dealing with my case at the moment so i may let them know about the latest threatogram....

[the_shadow]

Thanks shadow

I will give it a couple of days and see what they do.

The fos are dealing with my case at the moment so i may let them know about the latest threatogram....

 

Definitely and if they are not aware of it tell them you have not received a default notice prior to this "letter"

 

Best of luck.

 

S.