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MBNA & Abbey cc, full and final settlement advice.


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Forgot to ask, if someone could look over what I received in my CCA (post 117) and see what they think... I'm not sure either is enforcable as they seem to be missing important elements such as prescribed terms etc also the t&c's are current, not from when I took out the card.

I'm hoping if I can highlight this in my letter it may improve my chances. Sorry I'm sure I keep repeating myself and asking the same questions in different ways. I just need to drum everything in to my head so it sinks in.

 

Any thoughts guys?

 

They look like microfiche scans to be honest so they would have to prove that the backs which contain the prescribed terms are the backs of the fronts which hold your signature..

 

In my opinion.

 

Did you look at the MBNA agreements thread -- >> HERE

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

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Hiya shadow, thanks for your post. Have printed off the info in that link and will do some compare and contrast at lunchtime. Any problems I pick up I'll post here and will include it in my letter to MBNA. Hoping any problems will help my case when asking for a F&F but we shall see!

 

Thanks again.

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Hiya shadow, thanks for your post. Have printed off the info in that link and will do some compare and contrast at lunchtime. Any problems I pick up I'll post here and will include it in my letter to MBNA. Hoping any problems will help my case when asking for a F&F but we shall see!

 

Thanks again.

 

MBNA *love* to offer short settlement offers via phone but dont normally back these up in writing. If you let the account go without payment for long enough they'll usually start offering great discounts on repayment terms.

 

S.

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Ok…. After looking at the links provided on earlier posts I’ve had a look at what I got sent in my CCA overlunch and have found what I believe to be the following problems. If anyone can give his or her opinion I’ll send you cake. ;)

 

1) The print outs I was given state ‘Credit Agreement’ not ‘Credit Card Agreement’.

2) The agreement has not been signed or dated by the creditor.

3) MBNA did not comply with my CCA request in the 12+2 day allotted time and I have proof it was signed for their end. The accounts were taken out prior to 2006 which I believe gives them a further calendar month but that was still breached.

4) It sates before you sign to read section 11 in the t&c’s provided. Section 11 doesn’t appear on the signature form. The section’s end at 3b. Does this mean it doesn’t contain the ‘prescribed terms’ in the same document?

5) I can’t see anything regarding to the frequency or amounts of repayments…

6) The numbers/reference codes on each side don’t match up. Not sure if they do normally but I’d imagine they would…

 

What do you guys think? I’m planning on mentioning the above in my letter to them, but want to be sure I am right before I do.

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Guest 38candy

Hi

 

Can't help I am a novice in all of this.

 

Those of you who are experienced can you provide me with a view.

 

My position is I owe a debt of £14k for 5 creditors.

 

Mbna cc- 7344

Abbey cc - 5444

Next -598

JL - 458

abbey o/d - 698

 

my dilemma is my mum will borrow me 7,500 this will only clear half of my debts in full. Should I clear the biggest one with MBNA or clear the remaining 4 creditors which amount to £7K.

 

I am concerned if I pay off the 4 creditors and left with the one from mbna will withdraw their goodwill of one year reduced payment in my dmp.

 

Has anyone had any experience of this

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Guest 38candy

hi its me again - I forgot to mention can I claim back on the default and late charges MBNA charged me whilst I was setting up my DMP.

 

I never missed a payment this carried on for a period of 7 months.

 

C

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hi its me again - I forgot to mention can I claim back on the default and late charges MBNA charged me whilst I was setting up my DMP.

 

I never missed a payment this carried on for a period of 7 months.

 

C

 

Hi 38Candy, you need to start your own thread on this matter and then you'll get advice tailored to your case.

 

Follow this link to get to the MBNA forum and then click on this icon to start a new thread

 

newthread.gif

 

 

just copy & paste what you've written in the post above the one I'm replying to.

 

S.

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Hope you've managed to set up your own thread Candy. Best of luck with finding an answer!

 

Just wondering if anyone can advise on my earlier post (129).

 

Ta muchly.

 

If 2 is correct, (sometimes they stamp the agreements in the corner and this is enough)

 

then the agreement cant be enforced say by order of the court... although it will enforce it if thats the only issue.

 

1. isnt critical, so long as the "jist" of the agreement is there I think a court will accept it.

2.as above

3.No longer matters if they have supplied the agreement.

4.Its prejudicial but unless its a prescribed term they refer to in another doc I dont think critical.

5.Thats a prescribed term

6.Interesting and throws further doubts about the document being two sides of the same application/agreement.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

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Many thanks shadow. I'm posting off a letter to them regarding a FF and also mentioning some of the above, although like you say it may well still be enforcable if it ever gets to court. I pray it doesn't get to that stage though. I've also brought up the fact I was still receiving charges during the dispute time. I'm also going to write to the FOS this afternoon and send that off too. Sure it won't get me far but it might make me feel better!

 

So now I guess I sit and wait. Think I'd better start some token payments now that I've received the CCA though. As I'm sure that will serve my case better should it ever get to court.

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I received an odd letter from MBNA yesterday. Still NOTHING regarding any complaints or queries, but this was 'sent' by Martin Supple to whom I've written several times without success. Anyway, guess it's time for ANOTHER letter... Does anyone have any thoughts regarding this letter? Haven't seen anything like it on other threads. And I sure as hell hope they aren't hoping to get the full balance! Either way I won't be ringing them. And speaking to one of their 'experts'.

 

odd_letter picture by kb_ba1 - Photobucket

 

Thanks in advance!

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Guest 38candy

hi

 

I have never received a letter like that - to be honest I have not experienced any hostility as yet. They have agreed a 12 month reduced payment plan. Not sure what will happen after that. Good luck kb bal1 sorry I can't help.

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my oh and i have a letter like that i think its a standard one they pump out how long has the dispute been raging?

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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Oh months now. Since the begining of the year. My CCA has finally arrived though that took three months. But I'm still fighting them over the charges and fines they placed on the accounts during the time they were in default. They aren't responding to any of my letters at all. I'm just about loosing the plot now!

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keep going you'll get there usually when they want payments of some description.

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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Hi janensteve

 

have you got the details of your F&F on a thread, I am going down that route at the moment and could do with steering in the right direction. had a quick look but couldn't find it. Sorry to hijack your thread kb_ba1

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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Guest janensteve

they rang us after we had completely ignored them for 4 months, they rang incessantly every day, we just kept wishing them a happy day, said goodbye and put the phone down !! It was some scottish guy who rang us out of the blue, not the usual delhi employee

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Hi kb_ba1:)

 

Just looking in to see how you are doing!

 

Sorry to hear you don't have your F&F sorted with them yet and that you are still getting stressed out over it all. I can't say my OH has had a letter like that and he has two accounts with them - in fact we are still awaiting his CCA for one account which was originally requested back in January. They did, however cough up the charges we had requested on the other account, so anything is possible!

 

Don't let it get you down - remember we're all here to support you when you need it.

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hiya Landy,

 

Good to hear from you! I think I may well write them a very snooty (well snootier than normal) letter. I'm writing to the FOS to complain about them but thought I would give it until after the weekend to see what arrives in the post. I think they're ignoring me as I'm ignoring their calls. I will not be made to feel bullied or patronised by them, which is all that happens. Especially when they say they are on hand to 'help'. Pah!

 

Watch this space...!

 

Have a lovely MBNA free weekend all!

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Hi kb_ba1:)

 

Glad to hear you sounding upbeat today! Definitely don't let it rest there though - have you joined the campaign for mass action started by mauricetura? The one asking you to fill out a witness statement about MBNA, if not you should do so. Hopefully banded together we will finally make them sit up and take notice.

 

OH and I were awoken by a phone call at 1.23am today:eek: Both having elderly families many miles away as well as our son at uni we rushed to the phone thinking it was some kind of emergency only to find as it had stopped ringing that it was a witheld number - if it was MBNA they've got a lot to answer for:mad:

 

Hope you have a good weekend too!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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