MBNA and Aegis - No CCA received!

[Laura Cooke]

sorry thought this was my thread lol new to this no Laura isn`t my name and what about a passpor/driving licence they request?

[exchange]

Update as having heard nothing from MBNA regarding the card with the smaller balance a Default notice arrived today, first one for this account having had no correspondence since September 2009 for this one.

I now think the calls I have recently received may be connected to this card, not the loan. Who knows, I never speak to them!

The Default Notice refers to the non-existent 'Paragraph 8' we have all breached and at least they are only asking for arrears, unlike the DN received for the other account back in October 2009 which demanded full payment.

The dates may be an issue as usual. The DN is dated 28 January 2010, with a remedy date of 15 February 2010. The 28 January was a Thursday and for delivery I believe Saturday and Sunday don't count. The envelope has a Royal Mail Airmail prepaid sticker on it with a big '1' on it, but remember I am not in the UK so normal rules do not apply.

I would appreciate any views on whether this allows enough time even if I was in the UK!

Thanks in advance for any opinions.

Exchange

[exchange]

Think I've found the answer on dates, please correct me anyone if I'm wrong.

If first class, two clear working days for service, so that takes it to the 1 February, then 14 days for remedy takes it to the 15th so if in the UK it seems OK.

Problem is I'm not in the UK, today is the 4th so I only have 11 days to remedy and MBNA should, in my opinion, have taken into account the extra time it would take for me to receive the DN.

Any views?

[Coactum]

My understanding is that it should be 14 days plus 2 for posting. I calculate that from the date posted (assuming it actually reached Royal Mail on 26/1)up to the response date (15/2) to be18 days inclusive. Not wanting to throw a spanner into the works, but I have received letters from abroad and have often commented that mail from there arrives faster than a letter sent from a few miles away, so, I'm really not that sure arguing over that point has much merit. Is there not another ground that you can oppose this on?

[exchange]

Hi Coactum, it was dated the 28th January, not 26th (see post 327 above) and Saturday's and Sunday's do not count for service, they do for remedy. That's how I calculate that it would be OK in the UK, just!

I have never understood why post from the UK seems to always arrive eventually here, typically between 4 days and 10 days, yet a letter from the same city where I live disappears!

How are you getting on with your battles?

Have you sorted out the Halifax?

Exchange

[Coactum]

Hi Exchange, I'm in court with Halifax later this month.

 

As it stands there is a case with two motions by the Pursuer to abandon. As such the case cannot continue. What is up for debate is the decree. I opposed their first motion to abandon the case and they responded with a second motion to abandon this time using Ordinary Cause Rule 23 (whereby they must pay my expenses to be permitted to abandon) but they only motioned for Decree of Dismissal, so I opposed again craving Decree of Absolvitor.

 

The case will therefore be abandoned but if they are granted dismissal they will undoubtedly attempt recovery albeit that I will use this case as my defence should the matter come to court again. If they were to do so I would stand a very high chance of winning. What I do not know is their thinking. They are terribly anxious to abandon this case. If they thought they could win then why abort? I am left wondering if there is some loophole the need to plug before recommencing action.

[exchange]

Coactum, sounds complicated to someone unfamiliar with the Scottish system. Are you getting any input from fellow Scots who've been through this?

[Coactum]

To some extent, but could do with more.

[exchange]

You could try using the search facility to find threads/posts by people in Scotland. I just tried typing in Scotland and search posts and the first one to come up was from 'idainfife'. You could then post on relevant threads or PM them for help.

Sorry if you've already tried this, just a suggestion.

[Coactum]

IdainFife and Monty2007 have given valued feedback in the past. Indeed it was Ida who suggested Monty view my thread and he gave me a draft defence that I tweaked, submitted and got the bank on the run. However, most Scots seem to think that if the case is abandoned that they have won. As such many have questioned the wisdom of incurring further expense opposing their motion (if costs £80 to lodge a defence and £40 to oppose each motion) because they consider the bank have already lost. They are mistaken to think that an abandoned action means victory for the defender. To win they need absolvitor as this is the only recognition that the court deems the debt settled or legally irrecoverable.

[exchange]

OK, best of luck with it and hope you get the right result.

[exchange]

One year today with CAG, and can't thank everyone enough who has offered advice and support over the last year which was a difficult year, to understate it!

Things have gone very quiet since receiving a default notice from MBNA recently. I mean across the board, with no phone calls and little correspondence from any of my creditors.

It seems leaving the UK makes it difficult, if not impossible for creditors to deal with unpaid debts, although I don't want to encourage an exodus from the UK and I did not leave the UK to run away from debts. I was paying off everything until my pay stopped due to illness and would have struggled on without discovering CAG and no doubt getting deeper and deeper into problems.

Have to just wait for the statute barred clock to tick away and see if the creditors come up with anything in the meantime.

Lots of won or discontinued cases at the moment appearing so seems there is a swing towards the consumer for now.

Exchange

[exchange]

Typical!

Just had calls to all my numbers and messages left on two to call them urgently.

No chance!

If you are reading this MBNA, when will you get the message that your calls are not going to be answered, that what you are doing is harrasement, that you are not allowed to call someone on work numbers (which applies to two of my numbers) and nothing is going to be resolved on the phone.

Write to me to tell me that the debts have been written off as bad debts and move on!!

[Coactum]

It does sound somewhat suspicious. I think you are probably correct and that they are screening this forum. If so, I doubt they will do as you request.

[exchange]

You can but try!

[Dotty50]

Hi Exchange,

 

Happy CAG Birthday!

 

I think MBNA have so many people to deal with it takes time for the loop to come back to you.

 

It's a pity they can't get their act together and deal with customers fairly, I am sure their cash flow would improve, if they reduced the extortionate rates they are charging to previously GOOD customers instead of just sending threat after threat after threat!

 

Maybe they will see the light eventually.

 

p.s. just incase they are watching!

[exchange]

Thanks Dotty50

 

I don't think there is any logic to how they operate!

 

I agree with your comments about interest rates which is what is driving many to find this site and then realise there are ways of challenging the validity of the debt.

 

If they acted sensibly they would make life easier for customers with a good track record by reducing rates, but was that a pig I saw flying past?

 

Have to wait and see if the calls turn into a mini campaign again or if it was a one off response to this site!

Edited February 10, 2010 by exchange
typo

[exchange]

Get the impression it depends when the oik (is that a word!) at MBNA who has been assigned to you is on his shift as I had more calls today at around 2.30pm telling me to call back before 9pm.

I'm guessing they start at 2pm and work through to 9pm and have a list of people to call, so looks like I am near the top of the list!

I have sent more than one harrasement letter which perhaps they ignore as I am not in the UK and perhaps I am limited in what action I can take against them, and they know that.

Apart from changing all my numbers which would be very inconvenient, has anyone successfully found a way of stopping these annoying calls?

Any ideas welcome!

Exchange

[Coactum]

Well at one time I resorted to deafening the caller. If you can couple the earphone and microphone of your telephone together you get dreadful feedback. So, what I did was answer the phone and as soon as they got to “for security can I just ask” I’d say I’m just putting my earphone in to hear you better then couple the two half’s of the phone together to generate feedback during which I would shout “WHAT WAS THAT?” It really wound them up and drastically reduced the number of calls!

[exchange]

Sounds painful! Probably as close as you can get to inflicting physical harm on these cretins. As they have never spoken to me it astounds me that they don't give up calling and try something a bit more inventive. I guess enough people crack under the pressure to make it worth it for them.

Have to think about tactics, but any more ideas would be welcome.

[Capricorn1601]

I used to have a sheet which was designed to get rid of cold callers in an amusing way. Wish I could find it again. Situations such as:

 

1/ Caller - Hello is that "Capricorn"

Capricorn - yes but before you go any further I must tell you I am stark naked !!!!

 

2/ Caller - Hello is that "Capricorn"

Capricorn - Yes, will you be my friend, as I dont have any.

 

3/ Caller - Hello is that "Capricorn"

Yes, but its inconvenient to talk, give me your personal number and I will call you back in your own time.

 

Or failing that, tell them they have the wrong number, ask for their details and say if they call again you will report them as you do not receive unsolicited calls.

 

[Coactum]

Ah, that gives me an idea, you could dial a non-existent number and record whatever they say in your country. Here in the UK it will be something like "the number you have dialled in unobtainable. Please check and try again". Now if you have caller ID on your phone and you can spot the inbound request you could play back the message.

[Coactum]

Could this be the list Capricorn1601 referred to:

 

1.Say, "No," over and over. Be sure to vary the sound of each no, and keep an even tempo even as they're trying to speak. Maybe sing a song with all "No's" This is the most fun if you can keep going until they hang up.

2.If they want to loan you money, tell them you just filed for bankruptcy and you could it. Ask, "How long can I keep it? Do I have to ever pay it back, or is it like that other money I borrowed before my bankruptcy?"

3.If they start out with, "How are you today?" say, "Why do you want to know?" Or you can say, "I'm so glad you asked, because no one seems to care these days and I have all these problems, my colon is acting up again, my rectum are sore, my pet rock just died..." When they try to get back to the sales process, just keep talking about your problems... if they persist - ask them why they don't care.

4.If the person says he's Joe Shmoe from the Acme Company, ask him to spell his name, then ask him to spell the company name, then ask for his address. Ask for landmarks. Continue asking questions about the company for as long as necessary.

5.This one works better if you are male: Telemarketer: "Hi, my name is Jessica and I'm with Roger Dodd Services.... You: "Hang on a second." (few seconds pause) "Okay, (in a really husky voice) what are you wearing?"

6.If you get one of those pushy sales people who just won't shut up, patiently listen to their sales pitch. When they try to close the deal, tell them that you'll need to go get your credit card. Then, just set the phone down and go do laundry, go shopping or whatever. See how long that commission based **** waits for you to get your credit card.

7.If a long distance phone company calls trying to get you to sign up for their Family and Friends plan, reply, in as sinister a voice as you can, "I don't have any friends... would you be my friend?" If that doesn't work, say "Please."

8.Tell them you work for the same company they work for. For example: Telemarketer: "This is John From Acme Sales."

You: "Acme Sales, hey I work for them too! Which center are you calling from?"

Telemarketer: "Uh, Dallas, Texas."

You: "Great, how's business over there? The weather? Too bad the company has a policy against selling to employees! Oh well, see ya."

9.Let the person go through their spiel, providing minimal but necessary feedback in the form of an occasional "Uh-huh, really, or, "That's fascinating." Finally, when they ask you to buy, ask them to marry you. They get all flustered, but just tell them you couldn't give your credit card number to someone who's a complete stranger. You might even find your soulmate.

10.Tell the telemarketer (this is my personal favorite) you are busy and if they will give you their phone number you will call them back. If they say they are not allowed to give out their number, then ask them for their home number and tell them you will call them at home (this is usually the most effective method of getting rid of telemarketers). If the sales person says, "Well, I don't really want to get a call at home," say, "Ya! Now you know how I feel." (smiling, of course...)

[Laura Cooke]

Had a dc ring last week they left no forwarding number for us to put a block on just hung up I was told a few years ago that to whistle down phone to nuiscance calls will try that along with a few others mentioned on here lol

[Coactum]

One other thing I have tried. I ask "Can you hold on?" then I just leave the phone off the hook and carry on working, every so often I lift the phone and ask "are you still there?" then say "can you keep holding?" eventually they do get the message and hang up. The longest i kept one online was just short of an hour. I guess they must have been on one of those call inclusive plans providing the call is under 59' 59"