All MBNA Caggers Fight Against MBNA's underhand tactics

[pompeyfaith]

Scrapper very interesting welcome aboard, firstly can i invite you to my thread here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-35.html

 

Firstly A CPR request will serve no purpose and they don't have to comply if no court proceedings have started.

 

You can however issue proceedings against them to force them to provide the documents.

 

But i would wait for them to start a claim because going by your previous attempts they will royally cock up anyway

 

The fact that your account has been running for so long my guess is that they have no documents and will attempt to commit fraud.

 

Remember MBNA holds no bounds and blatantly try to railroad claims though the British justice system

 

My thread will give you a very good idea of their tactics.

 

Regards

 

PF

[pompeyfaith]

Scrapper,

 

Another thread for you is this one

 

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat-20.html

 

PF

[Scrapper]

Thanks for the advice pompeyfaith

 

I've given up all hope of ever getting them to do anything I request unless I go down the legal route. The only thing they seem to get right is the amount of letters they send threatening all sorts. T*ssers

 

This all started when I lost my job and I asked if they could halt the interest and accept reduced payments for a few months until I got back on my feet, but they wouldn't even entertain the idea and bumped my rate up to 34.9% overnight cause I could only pay a reduced amount. Considering I must have paid them thousands in interest over 20yrs ( can't even gauge that as still no statements) I thought they might be sympathetic, but how wrong could I be. Now they want to be my friend and send letters saying they can help with a reduced payment plan as well as threatening all sorts. (Left hand doesn’t know what right hand is doing springs to mind) Well it's too late for that. I'm going have my day if it kills me. They ironic thing is my redundancy payment after 24yrs in the city could have paid them 20+ times over what I owe them.

 

Anyway enough ranting

 

Many thanks

 

 

Scrapper Coco

[Goldlady]

Well it's too late for that. I'm going have my day if it kills me. They ironic thing is my redundancy payment after 24yrs in the city could have paid them 20+ times over what I owe them.

 

Scrapper Coco

 

He who laughs last laughs longest! I feel exactly the same towards MBNA.

[pt2537]

HI GUYS JUST FOUND THIS THREAD..

THIS IS MINE http://www.consumeractiongroup.co.uk/forum/general-debt-issues/182732-my-cca-mbna-please.html

 

AND HERES MY MBNA CCA

WELL FROM WHAT I CAN MAKE OUT AS ITS ILLEGIBLE AND I HAVE A FEELING THE BACK T&CS DONT CORROSPOND..

 

 

 

Right,

 

Ive just had some advice from a QC,

 

For anyone who has a MBNA agreement which has this kind of terms on it in the form set out above, please let me know what your original credit limit was when you opened the card

 

IT IS VERY VERY IMPORTANT, TRUST ME

[the main man]

I have one of these fold and seal application forms from 2000, I will have a look at the original credit limit.

 

http://www.consumeractiongroup.co.uk/forum/mbna/184041-all-mbna-caggers-fight-2.html#post1981616

 

 

 

Funnily enough I have found in my old paperwork an original application/flyer similar as above!

[the main man]

Right... dont have the original credit limit because when I went for a refund of charges MBNA only ever supplied transaction details, since the dispute progressed they have ignored my request for all information under the DPA and do not correspond any more:rolleyes:

 

I am now intrigued..........

[pt2537]

let me expand slightly

 

The law as we all know requires a "A term stating the rate of any interest on the credit to be provided under the agreement"

 

So on the MBNA agreement it says £1000, £3000 & £5000 yes?

 

and under each amount of credit it says the various rates , Yes?

 

So what if your credit limit isnt there?

 

What if your credit limit was £10,000? £15,000 ???

 

there is nothing within the agreement to qualify the rate of interest if your credit limit isnt set out on the agreement? with me so far?

 

So MBNA may try and argue that the full details are found in a set of terms and conditions somewhere which we dont know about blah blah blah

 

Well that angle fails at the first hurdle as the Agreement Regulations , at Reg 2(4) requires all this info to be set out as a whole and not interspersed with other info so it cannot be set out elsewhere

 

so if your credit limit was different to that stated on your agreement KERCHING;)

 

does that help???????????????

[WelshMam2009]

Crap...what's the betting mine will be £3,000!!!

 

So, does that still apply if say the limit was £3,500? (Sorry if this is a dumb question!!)

[underdog13]

I have one of these fold and seal application forms from 2000, I will have a look at the original credit limit.

 

http://www.consumeractiongroup.co.uk/forum/mbna/184041-all-mbna-caggers-fight-2.html#post1981616

 

 

 

Funnily enough I have found in my old paperwork an original application/flyer similar as above!

 

Was it exactly as shown on the original? Were the terms on it as shown - a lot of people thought they were cut and pasted, so this is really important:)

[pt2537]

The point to note is that, if MBNA say "thats your agreement" then at work we say , great thats fine, so we then look at what they have sent

 

just because a prescribed term is there doesnt mean its accurate, so if the agreement misstates any prescribed term, then it is unenforceable

 

 

too often we get hung up on here trying to get the original agreement , which i still view as being important but if you ask for a true copy and they send you what they call a true copy and its deficient then you can still screw them

[underdog13]

Yes I see your point PT - and what a fantastic point it is, that will help many I'm sure:)

 

I was just interested as to what was on the original blank application form as a lot of people thought these agreements were cut and paste fakes; if they are wrong they need to know before they take things further.

[pt2537]

even if they are cut and paste fakes, if the rate of interest to be applied to the credit isnt there, then they fall at the first hurdle and are unenforceable

[the main man]

let me expand slightly

 

does that help???????????????

 

It certainly does!!

 

Do these tables appear on other 'agreements' or is it just the stick and fold ones..........

 

I will just have to way up whether to give MBNA a poke, I have not heard from them for 18 months;)

[pt2537]

quite often it does

[lexis200]

let me expand slightly

 

The law as we all know requires a "A term stating the rate of any interest on the credit to be provided under the agreement"

 

So on the MBNA agreement it says £1000, £3000 & £5000 yes?

 

and under each amount of credit it says the various rates , Yes?

 

So what if your credit limit isnt there?

 

What if your credit limit was £10,000? £15,000 ???

 

there is nothing within the agreement to qualify the rate of interest if your credit limit isnt set out on the agreement? with me so far?

 

So MBNA may try and argue that the full details are found in a set of terms and conditions somewhere which we dont know about blah blah blah

 

Well that angle fails at the first hurdle as the Agreement Regulations , at Reg 2(4) requires all this info to be set out as a whole and not interspersed with other info so it cannot be set out elsewhere

 

so if your credit limit was different to that stated on your agreement KERCHING;)

 

does that help???????????????

 

PT, how important is it that the form is the same as the one shown below? Mine has the terms on the left hand side (which a few people are sure is a dodgy Blue Peter job), but it does show the table of APR rates along with the limits of £1k, £3k and £5K.

 

The only thing is we can't tell what the original limit was. As with most people it seems, the only thing being sent is similar to mine or the one below, but you don't get sent the one telling you you've been accepted and what your limit is. They are also refusing to send statements/details past 6 years so we can't find out that way.

 

Lexis

[pt2537]

PT, how important is it that the form is the same as the one shown below? Mine has the terms on the left hand side (which a few people are sure is a dodgy Blue Peter job), but it does show the table of APR rates along with the limits of £1k, £3k and £5K.

 

The only thing is we can't tell what the original limit was. As with most people it seems, the only thing being sent is similar to mine or the one below, but you don't get sent the one telling you you've been accepted and what your limit is. They are also refusing to send statements/details past 6 years so we can't find out that way.

 

Lexis

IT doesnt matter if they are stuck on a post it note or on the ass of Bez Shaw himself at MBNA, the simple fact is if the rate of interest to be applied to the credit is not there then its unenforceable

[angel_1]

hiya all

 

ive just seen this thread now but underdog had kindly put a post on my mbna thread,,,,

 

my limit of the amount was under my address on the first page where i signed,,,of course no acutal apr there on the first page, but they insist my terms and conditions were on the back and of course have been sent a double sided document on one sheet of paper

 

so what you posted at 10.14 on this post pt2537 that bit of where the info on the apr is , i got that on the back of my 2 seperate card agreements where the credit limit of 1500 for each of my cards,,,,,,but now i remember something from way back,,,,,that when i activated the card because of me having a mbna card the virgin one was then reduced to a much lower amount maybe 700.00 on the telephone,,,,, but i wasnt ever sent another agreement to sign just that it reflected in the statement info,,

 

i think only the front of one of my mbna cards is on my threads as at the time wasnt sure to scan correctly, but im happy to scan both my cards info here if it helps

 

laters all angel x

[AA99]

What about this one when they took over from BOS ?

 

Re: AA99 v MBNA (Account 1)

I came across this letter yesterday while hunting for something else:shock: It is the letter confirming the transfer from BOS McMillan card to MBNA and is supposedly the new contract. The enclosed t & c's are a Your Questions Answered Leaflet:confused: Comments

 

[guzzleguts]

Hi all

 

PT ive got the tear off slip with those terms on the back and a 10 grand limt.

 

MBNA - (Abbey & Virgin cards) CCA ??

 

If you need to see it

 

GG

[pompeyfaith]

there is no credit limit on mine PF

[Windywoo]

Non on mine either!

[underdog13]

I don't think it usually states your credit limit on your actual agreement - they usually rely on a vague reference to it. You need to check back to when you first open the account; it will be on your first statement or the intro letter that came with your card:)

[underdog13]

let me expand slightly

 

The law as we all know requires a "A term stating the rate of any interest on the credit to be provided under the agreement"

 

So on the MBNA agreement it says £1000, £3000 & £5000 yes?

 

and under each amount of credit it says the various rates , Yes?

 

So what if your credit limit isnt there?

 

What if your credit limit was £10,000? £15,000 ???

 

there is nothing within the agreement to qualify the rate of interest if your credit limit isnt set out on the agreement? with me so far?

 

So MBNA may try and argue that the full details are found in a set of terms and conditions somewhere which we dont know about blah blah blah

 

Well that angle fails at the first hurdle as the Agreement Regulations , at Reg 2(4) requires all this info to be set out as a whole and not interspersed with other info so it cannot be set out elsewhere

 

so if your credit limit was different to that stated on your agreement KERCHING;)

 

does that help???????????????

 

PT - what if your credit limit fell between the limits stated in their T&Cs? For example, £3,500 or £4,000? Could they cover themselves by saying that although your limit isn't listed exactly, it falls between (and is therefore covered) by the limits they have listed, ie £3,000 and £5,000?

 

Also, what are the implications of the card number changing - if the agreement states a particular card number but the account they are claiming for is now a completely different number?

 

Where a creditor alters the type of card on your account without getting a new agreement, ie from a Visa to a Mastercard, would the original agreement cover the new type of card?

Edited March 14, 2009 by underdog13

[pt2537]

PT - what if your credit limit fell between the limits stated in their T&Cs? For example, £3,500 or £4,000? Could they cover themselves by saying that although your limit isn't listed exactly, it falls between (and is therefore covered) by the limits they have listed, ie £3,000 and £5,000?

 

Also, what are the implications of the card number changing - if the agreement states a particular card number but the account they are claiming for is now a completely different number?

 

Where a creditor alters the type of card on your account without getting a new agreement, ie from a Visa to a Mastercard, would the original agreement cover the new type of card?

i would submit that the suggestion that the consumer whom is most likely a lay person with little knoweldge of consumer law would be able to assume that this was the case is in fact a grave error, if the limit were £3,500 then unless the agreement states that in the event your limit is not stated you should refer to the next lowest or highest figure, the agreement would not state the rate of interest if you went out an used your card to purchase an item to the value of £3,500