All MBNA Caggers Fight Against MBNA's underhand tactics

[underdog13]

Hmmm, now why would one application form carry two different date codes?

[roors]

Hi

 

Already subbed to this - but does anyone have a template letter to send to MBNA as they are of the opinion they have done as requested for my CCA - roors v mbna

[WelshMam2009]

hi

need a few quick answers and know we are all watching the thread

the phone is ringing again third time in least than 10 mins from barry from

mbna just hung up.and again and again

first call starts hi can i speak to xxx its barry from mbna

asked if its to make a booking no can i take down the phone number and get her to ring back , no i said and put down the phone

will so far i have had 5 calls the number is witheld the last one i told him

i have sent an harassement letter and to xxx off

i am really losing it with them now can they withold the phone number ?

and who do i contact regarding this

 

Almond...don't have all the answers but I tend to write something along these lines ...as I didn't know about the harrassment clauses at the time...

 

I refer to your continual refusal to communicate with me in writing, regarding my financial difficulties, insisting instead that I contact you by telephone.

Having recently taken advice on this matter, I should confirm that I consider you to be in breach of The Banking Code Guidance For Subscribers specifically in relation to clause 14.2 which states that:

 

“Where a customer requests that the subscriber deals with them in writing or e-mail (providing that facility is available) rather than by telephone, they will do so as long as the customer remains co-operative and in regular dialogue.”

Additionally, if you have a relevant disability, such as myself, you may consider it appropriate to add...

Furthermore, I consider your failure to make ‘reasonable adjustments’ to facilitate my access to your services to be in contravention of the Disability Discrimination Act.

 

 

Get a letter out to today headed COMPLAINT...and specifically name Barry as causing you undue stress and anxiety as a consequence of his harrassment. Just send it to their main address but head it as CUSTOMER COMPLAINTS. It will get to the right place (usually Customer Assistance Dept with MBNA) but it is important to identify your letter, in no uncertain terms, as a complaint.

Edited February 16, 2009 by WelshMam2009
Typography error - Inserted 'your' in letter

[almond]

will do just typing it up now but have missed the post

will send it recorded tomorrow, i have an email address shall i send an email

[WelshMam2009]

will do just typing it up now but have missed the post

will send it recorded tomorrow, i have an email address shall i send an email

 

I wouldn't give them your email address as you may end up becoming too frightened to open up your in box!! Recorded tomorow should be fine... just switch off the phone in the mean time, if you can.

 

As an aside, I take it you have call screening. It's free with BT and we tend not to answer any withheld or unrecognised numbers in our house....although, in fairness, I can't recall the last call I had from them. Egg did mess up once and had to send me a grovelling apology though!!

 

Good luck!!

[almond]

their have got both my personal and company emails were from i don't know, but did send a reply before i blocked them

[AA99]

:!:hijack Hijack:!:

[almond]

:!:hijack Hijack:!:

 

 

what does this mean?

[WelshMam2009]

what does this mean?

 

It's just a polite way of letting us know we've gone off thread!!

 

Have you started your own thread Almond?? If not, put your questions on mine (below) as I'm not overly bothered!!

 

 http://www.consumeractiongroup.co.uk/forum/mbna/182982-mbna-cca-help-needed.html#post1980207

Edited February 16, 2009 by WelshMam2009

[hammyhound]

Here's mine

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA1.jpg

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA.jpg

 

Classic:D

 

They forgot to put "terms and" when they copied and pasted it.

 

Do you think the chief executive forgers in MBNA will get a bonus this year!!!

 

HH

[almond]

hi

just wanted to say so sorry i was getting stressed with the calls and knew we were all watching this thread , so won't do it again

[underdog13]

Here's mine

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA1.jpg

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA.jpg

 

Classic:D

 

They forgot to put "terms and" when they copied and pasted it.

 

Do you think the chief executive forgers in MBNA will get a bonus this year!!!

 

HH

 

If they are paid by the quality of their work, they should get zilch.

 

If they are paid by the quantity of their (alledged) cut and pasting, they will be minted (excuse the pun:D).

[WelshMam2009]

Here's mine

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA1.jpg

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA.jpg

 

Classic:D

 

They forgot to put "terms and" when they copied and pasted it.

 

Do you think the chief executive forgers in MBNA will get a bonus this year!!!

 

HH

 

Know I've said this before, but since when did an application form (pre-contract) constitute an executed (post-contract) agreement anyway???

[AA99]

Crap 1 have started issuing them under Regulation 3 of the Consumer Credit Regulations 1983

[hammyhound]

Since receiving that agreement I had a letter from MBNA saying here's the current terms but "we are unable provide you with a photocopy of the original".

 

What's that all about.

[griffin036]

I've had a "We are sorry we have not been able to send you a photocopy of the original for account xxxx, but hope you will find the enclosed copy { for another account} clear and easy to read and sufficient for your purposes. For the avoidance of any doubt, all of the necessary and prescribed terms are included in the agreement"

 

This is what they sent, everything seems to be there unfortunately, except it is hardly legible. If anyone could pick holes in it I'd be very gratefull. It was taken out in 1994 I did think they wouldnt be able to produce the goods.

 

 

Edited February 16, 2009 by griffin036

[AA99]

That's what I got for 1 of our accs. way back in .......... and most people on here have reacted favourably

 

Quote:

Originally Posted by AA99

MBNA Acc.1. This is what I got

http://i390.photobucket.com/albums/o...ecforCCA-1.jpg

 

They have admitted they don't have a copy of the original that bears your signature. I'd be very happy if I were you:-)

[lexis200]

hi

just wanted to say so sorry i was getting stressed with the calls and knew we were all watching this thread , so won't do it again

 

Almond, don't worry:) I've posted on your other thread with a few ideas.

 

Lexis:)

[GamekeeperToPoacher]

Me too

 

Subbing

 

GK

[lexis200]

Since receiving that agreement I had a letter from MBNA saying here's the current terms but "we are unable provide you with a photocopy of the original".

That means they have tried to comply with the CCA in sending you the current terms, which are required as part of the documents needed, but are attempting to tell you this is all they need to send.

 

To actually comply they have to send a copy of either your actual agreement, or one that is identical in form and content to what you would have signed (ie from the same time as when you opened your account), along with the historical terms.

 

They will however not accept that this is not complied with now, and my guess would be that you get the standard 'sod off, we're perfect' letters when you try and tell them they're wrong.

 

The interesting bit in their statement is the 'unable to provide you...' one. Does this mean they actually can't copy it as they don't have it, or simply that they haven't had a good look for it??

 

Have you tried SAR'ing them yet? If not, get one out, including a para that specifically asks for the agreement and anything that goes with it (I have one with this in if you would like a copy).

 

I've had a "We are sorry we have not been able to send you a photocopy of the original for account xxxx, but hope you will find the enclosed copy { for another account} clear and easy to read and sufficient for your purposes. For the avoidance of any doubt, all of the necessary and prescribed terms are included in the agreement"

Griffin, I reckon the same applies to your letter, but they've attempted to tell you that the account you've asked for the agreement for is enforceable because your other account has the prescribed terms. (I haven't actually looked properly at your agreement so I'm not saying it does have them on, I'm just following your lead with that one!)

 

If both accounts were taken out at the same time, chances are they have complied with the Act as this is probably what you would have signed. That doesn't mean it's enforceable though, as again, does the line that they can't provide you with a copy mean they can't find it or haven't looked properly yet?

 

If they want to enforce they need to show the actual agreement, or copy of it. Section 78 only goes so far for them too, so saying that this other one has the terms on it does not mean that a) they have your other agreement, b) that that agreement is signed by you or c) that it has the prescribed terms on it.

 

Again, I think an SAR is the way to go.

[griffin036]

Griffin, I reckon the same applies to your letter, but they've attempted to tell you that the account you've asked for the agreement for is enforceable because your other account has the prescribed terms. (I haven't actually looked properly at your agreement so I'm not saying it does have them on, I'm just following your lead with that one!)

 

If both accounts were taken out at the same time, chances are they have complied with the Act as this is probably what you would have signed. That doesn't mean it's enforceable though, as again, does the line that they can't provide you with a copy mean they can't find it or haven't looked properly yet?

 

If they want to enforce they need to show the actual agreement, or copy of it. Section 78 only goes so far for them too, so saying that this other one has the terms on it does not mean that a) they have your other agreement, b) that that agreement is signed by you or c) that it has the prescribed terms on it.

 

Again, I think an SAR is the way to go.

 

Lexis - I reckon the reason why they havent got it is because the account was originally opened with GE Money in 1997 and taken over by MBNA in 2001. The agreement they sent was taken out in 1994. So I'm not too concerned with the account they cant find the agreement for , more as I say trying to pick holes in the one they have sent.

[kaz3571]

heres what i recieved from mbna.....abbay credit card

 

http://i727.photobucket.com/albums/ww279/kaz446655/abbeyccafront.jpg

 

http://i727.photobucket.com/albums/ww279/kaz446655/abbeyccaback.jpg

 

and the best from alliance and leicester....

 

http://i727.photobucket.com/albums/ww279/kaz446655/aandlfront1.jpg

 

http://i727.photobucket.com/albums/ww279/kaz446655/aandlback.jpg

 

and yes the quality is that bad im not sure if it is printed in english or not.

[almond]

think its a mircofilm the back sheet of second one is

[SB100]

Mine..

 

 

[roors]

Re post 71 above does anyone have template letter for picking holes in MBNA agreements sent?

 

roors