Mbna

[Capricorn1601]

This is my main email address so I really dont want to loose it. I will be on my guard from now on not to open anything I dont recognise (curiosity always kills the cat!!)

 

Just for anyone else who receives anything but is dying to read it, I do have a tip. If you can receive mail using Outlook or Express, you can alter the settings so it does not automatically mark the email as read. This is a hot tip from my PA days and had access to Directors Emails. Some made very interesting reading!!!

[cerberusalert]

There is a free program called Mailwasher which you can use to read emails without opening them, if you want them you can download or delete/mark as trash which will automatically ignore them, or if you really want 'bounce' them back to the poster as undelivered.

[Capricorn1601]

Fabulous, thanks Cerberusalert

[squidward]

Hi Chaps.

 

Just a heads up!

 

The Latest phone calls received from MBNA have been from 01244 numbers followed closely by a mobile no, caught me out!

 

Squidward

[Capricorn1601]

hi all

 

tonights mail:

 

Notice of potential Court Order on your property

 

Your credit card balance of £******** remains unpaid and we are now considering all of our options to recover these funds.

 

Our initial investigatins indicate that you are a homeowner. A such, we may persue litigation action and seek a County Court Judgement that may result in a Charging Order bein placed on your property..........

 

 

 

usual stuff, please ring your dedicated Account manger etc.

 

Firstly, has anyone else received this letter? Can they really do this? What are their chances of successs? Should I respond?

 

Please advise anyone...

[Reader]

Hi Capricorn, yes I have had a few of those letters from different creditors. Note they say "may pursue litigation", just hot air as usual, if they have not got the agreement they are stuffed.

 

I would send a letter back asking for a copy of the agreement via CPR 31.16 and send recorded delivery as they are in effect threatening court action (unless you have already done that).

 

Thanks Reader

[exchange]

Hi Capricorn 1601, I've seen other posts saying people have received the same threat. Generally it does seem to be hot air as Reader says, but I would respond as Reader has said.

I often get the impression since openning this can of worms, that MBNA have a day for postcards, a day for texts, a day for threatening CCJ's, etc. I am guessing that by doing this they are working on similar statistics for junk mail where a small percentage cave in and pay them some money. It's good we know better!

[Capricorn1601]

Thanks Reader/Exchange

 

I thought as much but just needed some reasurance.

[vint1954]

hi all

 

tonights mail:

 

Notice of potential Court Order on your property

 

Your credit card balance of £******** remains unpaid and we are now considering all of our options to recover these funds.

 

Our initial investigatins indicate that you are a homeowner. A such, we may persue litigation action and seek a County Court Judgement that may result in a Charging Order bein placed on your property..........

 

 

The OFT look unkindly on those letters. Complain to OFT, TS and your MP.

 

 

usual stuff, please ring your dedicated Account manger etc.

 

Firstly, has anyone else received this letter? Can they really do this? What are their chances of successs? Should I respond?

 

They will need a court order first. If your response is robust enough, they will think twice.

 

Please advise anyone...

Vint

[diddydicky]

hi all

 

tonights mail:

 

Notice of potential Court Order on your property

 

Your credit card balance of £******** remains unpaid and we are now considering all of our options to recover these funds.

 

Our initial investigatins indicate that you are a homeowner. A such, we may persue litigation action and seek a County Court Judgement that may result in a Charging Order bein placed on your property..........

 

 

 

usual stuff, please ring your dedicated Account manger etc.

 

Firstly, has anyone else received this letter? Can they really do this? What are their chances of successs? Should I respond?

 

Please advise anyone...

 

I have not had chance to read the whole thread- i presume that you have not had a CCA and perhaps a faulty DN/TN either way personally i would not use 31.16 but instead reply along these line

 

Dear Sirs

 

i have received your communication of XXXXX Inst.

 

I think perhaps that you might be putting the cart before the horse.

 

In order to obtain a charging order you would need to show a court that i was failing to abide by the terms of a county court judgement

 

in order to do so you would first need to have a county court judgement against me

 

in order to obtain a county court judgment you would have to win a (defended) court action against me

 

In order to win a court action against me you would need to prove that I failed to rectify an alleged default on an alleged properly executed credit card agreement which entitled you to claim the benefits of s87

 

in order to show that i failed to rectify an alleged default on a properly executed credit card agreement you would need to show that such an agreement was enforceable

 

In order to show that such an agreement was enforceable you would need to bring a court action against me

 

in order to bring a court action against me you would need to show a cause of action

 

In order to show a cause of action you would need to produce to the court and copy to me the original alleged credit card agreement

 

Yours sincerely

[Capricorn1601]

Hi Dicky

 

I have had the cca took five months to come though and is unenforceable, no t&c's and clearly from the darkest archieve of micro fiche. I have had no DN as yet, keep expecting one, but all I receive are postcards telling me someone is going to call, offering one off discounts and the occasional letter. MBNA cant call as they dont have my number, the only one they did acquire, although not lawfully (not given by myself) is my old work mobile number. I managed to dodge the calls from that for a month, either not answering or telling them they had the wrong number. Alas, in June I changed jobs and therefore left that phone behind so they cannot harrass me by phone any longer.

[Capricorn1601]

PS love the letter, it reminds me of the old nursery rhyme about the horse shoe nail!!!!

[vint1954]

I have not had chance to read the whole thread- i presume that you have not had a CCA and perhaps a faulty DN/TN either way personally i would not use 31.16 but instead reply along these line

 

Dear Sirs

 

i have received your communication of XXXXX Inst.

 

I think perhaps that you might be putting the cart before the horse.

 

In order to obtain a charging order you would need to show a court that i was failing to abide by the terms of a county court judgement

 

in order to do so you would first need to have a county court judgement against me

 

in order to obtain a county court judgment you would have to win a (defended) court action against me

 

In order to win a court action against me you would need to prove that I failed to rectify an alleged default on an alleged properly executed credit card agreement which entitled you to claim the benefits of s87

 

in order to show that i failed to rectify an alleged default on a properly executed credit card agreement you would need to show that such an agreement was enforceable

 

In order to show that such an agreement was enforceable you would need to bring a court action against me

 

in order to bring a court action against me you would need to show a cause of action

 

In order to show a cause of action you would need to produce to the court and copy to me the original alleged credit card agreement

 

Yours sincerely

At least it tells them the facts in language they may just understand.

 

Maybe the last line should be, Do you feel lucky, well do you!

[diddydicky]

Hi Dicky

 

I have had the cca took five months to come though and is unenforceable, no t&c's and clearly from the darkest archieve of micro fiche. I have had no DN as yet, keep expecting one, but all I receive are postcards telling me someone is going to call, offering one off discounts and the occasional letter. MBNA cant call as they dont have my number, the only one they did acquire, although not lawfully (not given by myself) is my old work mobile number. I managed to dodge the calls from that for a month, either not answering or telling them they had the wrong number. Alas, in June I changed jobs and therefore left that phone behind so they cannot harrass me by phone any longer.

 

then just alter the last line and put "enforceable" in front of "agreement" instead of "original alleged"

[diddydicky]

i know what your'e thinking punk!, was it 5 letters or 6? well. this is the most powerful forum in the world , so go ahead punk, make my day!!

[Capricorn1601]

hehe,

[vint1954]

i know what your'e thinking punk!, was it 5 letters or 6? well. this is the most powerful forum in the world , so go ahead punk, make my day!!

Thats the one.

[Capricorn1601]

Anyone seen this? does Bank of America own MBNA?

 

"America's biggest bank issued a warning shot over the state of the world economy today when it revealed a quarterly loss of $1bn (£612m) on the back of large credit card losses."

[exchange]

Yes it does, and they lost $1bn on credit card business alone:D.

[squidward]

Bang!

 

Sorry I couldn't resist.

[vint1954]

And that was in one quater. $9.6m bad dept write off.

 

Not sure if those losses include UK.

[vint1954]

Defaults on loans by cash-strapped customers and delinquent credit card debts sent Bank of America tumbling to a $1bn (£612m) quarterly loss, offering a blunt reminder that finance on the US high street is lagging behind a revival in prosperity on Wall Street.

The North Carolina-based bank, which is the largest in the US by deposits, fell into the red for the three months to September after two preceding profitable quarters. Its performance was worse than analysts had anticipated.

For outgoing chief executive Ken Lewis, the numbers were a setback. Under intense criticism over his leadership of the bank, Lewis recently announced that he will step down at the end of the year and the Obama administration's "pay tsar" has told him to give up $1m in salary and bonuses.

"Obviously, credit costs remain high, and that is our major financial challenge going forward," said Lewis. "However, we are heartened by early positive signs, such as the levelling of delinquencies among our credit card customers."

Much of the shortfall arose at Bank of America's 6,000 high-street branches. The bank's losses for failed loans came to almost $10bn and it added a further $11.7bn to its reserves to cover anticipated future defaults.

 

Bank of America's credit card business lost $1.04bn, while its home loans and insurance division lost $1.63bn

[diddydicky]

not good news- could it be that the banks have been talking to the govt & judciary and given them a story of another banking collapse hence the cases going to appeals

[Capricorn1601]

had another email from MBNA today, they keep on trying to get me to read them, but thanks to mailwasher, bounced straight back... thank Cerbusalert for that hot tip.

[exchange]

Hi Capricon1601,

 

Have you seen this http://www.consumeractiongroup.co.uk/forum/general-knowledge/227141-important-new-loan-regulations.html.

 

Not saying it applies to you, but for anyone struggling with loan payments it could be useful.

 

Exchange