My Cca From Mbna Please Look

[badboybill]

Andreamour, I'm taking a keen interest in your thread because I will be following your lead.

Now….to put your mind at ease. About a year ago I missed a couple of payments and on the third month paid what I thought was all the arrears back. Well I got it wrong by 3p and what do you think MBNA did? Yes, they sold to a DCA. I've kept the letter for my amusement.

Given the letters you've received they will never take you to court. IMHO don't bother taking them to court, just yet. Keep all the correspondence. They will thrash your credit file so you need to work along the lines of repairing you credit file. It might be worth looking for CRA letters to repair the damage they are about to do by disputing the dept.

Best frame of mind on how to treat MBNA.... A toy you never get tired off, because, it amuses you!!!

[ANDREAMOUR]

Thanks bbb.. ( ;

 

I must be doing some thing right as i have just recieved a very suspicious message in my inbox....

I do believe we have a mole!!

Check this out......

 

hi, from what i have read it looks like mbna will be doing either of the following. 1)they will be taking you to court to obtain a county court judgement. if this happens you will receive a letter from the court which explains the process. if a judgement is made against you, you can fill out a form to explain your financial details and how much you can afford to pay. the court will then decide how much you can pay, they will do this by looking at your income and expenditure and will set an affordable monthly payable amount. by filling in the form to pay an affordable amount each month, this will put a stop to the judgement order being enforceable by a bailiff. or 2) mbna will sell the debt, once this happens, the debt will come in to the hands of another company who will start asking you to repay the money. what options do you have? 1) you can phone mbna tell them about your financial difficulties, ask them to stop any late payment fees and to stop the interest which is being added on and ask them to come to an arrangement to start making affordable monthly payments. 2) you can wait until a county court judgement is passed and you can ask the court to set an affordable monthly payment to pay off the debt. 3) you can argue that the credit agreement is not enforceable due to it being illegible. as mbna are disagreeing with you, you could only do this in court and would probably need some legal advice on how and when to argue your case. its best you try and deal with this as soon as possible as the more you leave it the more late payment fees and interest will be added.

[badboybill]

Reply to the email and ask them for a, their name and b, which option is best for an Iron Lady, lol!!!

[ANDREAMOUR]

lol...

 

It just so happens they are a basic account holder who joined in may and has made no posts at all...

 

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[itstheone]

Hi Andreamour,

 

You should write to mbna and say they haven't complied with your s78 request because there are missing T&C. Specifically it is referencing condition 11, but the T&C they supplied only go up to 3b. The CCA 1974 is very explicit in this, they should provide:

 

78. Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

As you can see they haven't complied with your s78 request and after 14 days it enters a defalt and they can't take any action on this account.

 

I did this recently with a dca that was chasing an mbna account and they returned it back to mbna.

 

Hope this helps

[chippo]

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?

 

whos name was on the postcard? was it brown or green? ive had a couple of them and they never turn up, shame really i'd love them to turn up at mine for tea and buiscuits.

 

 

EDIT NOTE:... The colour you chose for the first part of this post is extremely difficult to read, therefore I have changed it to black. Try to keep to dark colours.

Edited May 16, 2009 by Rooster-UK

[ANDREAMOUR]

Lol it was a picture of a lilly pad in a pond....

And its from a guy called Noel Daly

I called the number to see who would answer

A lady answered saying "can i have your credit card number"

so i put the phone down..

[Talbot]

the postcards are sent tp scare you and if its like mine its says we will 'call' between blah blah. it means phone i think.

[ANDREAMOUR]

Mbna really do go all out to bamboozle you into paying...

Well Im going to write to them today an kindly ask them to stop calling and tell them that they must only contact me by letter they are getting annoying now!

[kurvaface]

Subbing

 

 

They need to get that guy that goes "Look into my eyes... Look into my eyes....Look into my eyes":D

 

Keep following the procedure on this site.. I think you'll win this one:wink:

[ANDREAMOUR]

Thanks for your support guys ( :

[ANDREAMOUR]

Its all been very quiet from mbna lately.

But today i woke up to find a default notice

It looks ok to me but could 1 of the experts take a glance at it please?

 

[alangee]

Hi Andreamour

 

They are asking you for the full amount, not just arrears. It looks as if they are terminating the agreement at the same time as defaulting you.

 

Perhaps they are trying to save on postage

 

 

Alan

[badboybill]

Don't worry about it, let them take you to court. Its at their expense. Have MBNA complied with the law when you requested and paid for them to do so? Do you have the paper trail of facts at your disposal?

 

Then don't worry about it.

[kurvaface]

I take it this notice is in relation to the illegible agreement that kicked off this thread?

[ANDREAMOUR]

I take it this notice is in relation to the illegible agreement that kicked off this thread?

 

Yeah the very same illegible worthless piece of paper!

[cerberusalert]

As mentioned,they are demanding the full amount not the arrears. What class postage was this demand sent by?

[ANDREAMOUR]

Thanks cerberusalert

I think it came 1st class but not 100% sure.

They use their own postage contractor and i ripped the corner off the envelope with the date on and now cant find it.

Does it make a difference that they are demanding full amount?

[ANDREAMOUR]

been a bit quiet for a while but had this 1 today any ideas???

[cerberusalert]

Had 1 what?

[ANDREAMOUR]

oops sorry thought i had cut and pasted it...

Here we go

 

[cerberusalert]

Send this to the muppets; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[ANDREAMOUR]

Thanks cerbersalert

i havent looked in the template section for a while

looks like its been up dated

[kurvaface]

Hi Andreamor

 

Send the letter above.

Ring trading standards ; 08454 040506

[ANDREAMOUR]

Thanks Kurvface

I am already dealing with trading standards so i will forward this letter on to them.