Me against them v's MBNA Credit Card

[Braveheart12]

I CCA'd MBNA on the 20 Feb 09, followed by an Account Dispute Letter 12 March 09. Both letters were sent by recorded delivery and have been recieved as they have been signed for.

 

Despite this I haven't had any acknowledgement from MBNA, just serveral payment requests and a Default Notice.

 

Is this normal behaviour from MBNA or is it possible that I've been lucky and they don't have a CCA? I'll have taken this creditcard out around about 2005/2006.

 

advice appreciated. thanks

[supasnooper]

Yep, typical MBNA.

 

Send them the "in dispute" letter.

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Amend to suit, Print name do not sign and post by Recorded delivery

[Braveheart12]

Thanks....that is the letter I sent on the 12 March to follow up the fact that they had not responded to the initial CCA request.

 

Do I need to send it again or is there another letter I should send?

 

If not I am quite happy to just wait for them to respond to my previous letters.

[Braveheart12]

Spoke to soon, CCA has arrived. It must have an online application. The CCA has very little spefic information. My current T&C's also came with the CCA but there wasn't any original T&C's provided? can any give me any advice on the enforceability of this CCA.

 

 

 

 

 

 

Thanks

[supasnooper]

Hi there,

 

Unfortunately, what they have sent would be enforceable as it contains the prescribed terms within the four corners of the document.

 

However, I note that they have sent you a default notice.

Please would you be so good as to scan and post up ( minus personal details) to see if it is valid.

[cerberusalert]

Despite this I haven't had any acknowledgement from MBNA, just serveral payment requests and a Default Notice.

 

Check your default notice, did they give you a clear 14 days or more to rectify the default after the date you received it?

[Braveheart12]

I'll Post up the Default Notice later today. thanks

[Braveheart12]

Here is the DN they issued me with on 23 March.

 

How can this effect a potential case with MBNA or any other creditor for that matter?

Thanks

[cerberusalert]

That is not a valid default notice.

 

In fact it's total bowlox. They have failed to give you 14 days to remedy the default, all you have to do is wait for them to close the a/c & pass it on to a DCA. When they do that all they will be able to claim is the amount of arrears up until the default, the remaining balance will be wiped out as soon as the a/c is closed.

[Braveheart12]

Hold on....They have not stated 14 Days on the DN....Does this mean they have breached regulations and can't chase me the initial balance prior to the default? Sorry for not be up to speed with this, but can you just clarify yor comments. I thought despite this DN that I would have to pay up as they have a CCA shown above.

[supasnooper]

Please be careful .

 

I have never seen one these letters before but I don't think this is an actual Default Notice - it is not set out correctly. Not even MBNA would be so stupid to pass this off (or would they ?) as a DN.

 

This appears to be their latest threat-o-gram to get you to talk to them.

[Braveheart12]

Hmm...is this a Default Notice or the threat of a Default Notice which could lead to a termination?

[Braveheart12]

I recieved an Identical letter from Abbey as well.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/191904-abbey-miss-sold-me.html

 

See #10

[SteveH2508]

That is a document that they need to send under some recent new legislation. It is NOT and is not purporting to be a DN under S87(1) of the CCA74. What the requirements are relating to it and the sanctions for non-compliance (if any) I do not know. It might be something from the 2008 Unfair Terms etc.. Regs. (bit too squiffy to remember the details!)

[rainbow moon]

I have received exactly the same letter back from mbna and was wondering the same thing - surely they can't be that stupid? It does say on mine default notification and not default notice - really hope they have got it wrong - fingers crossed

[Braveheart12]

What should I do now then if my CCA is enforceable and I have not recieved a DN? Sit and wait to see what happen's next?

[citizenB]

Hold on....They have not stated 14 Days on the DN....Does this mean they have breached regulations and can't chase me the initial balance prior to the default? Sorry for not be up to speed with this, but can you just clarify yor comments. I thought despite this DN that I would have to pay up as they have a CCA shown above.

 

It isnt Default Notice proper. It is just another level from their harassment manual. Looks important and it keeps someone off the streets sending them out.

[Fred Bassett]

That is a document that they need to send under some recent new legislation. It is NOT and is not purporting to be a DN under S87(1) of the CCA74. What the requirements are relating to it and the sanctions for non-compliance (if any) I do not know. It might be something from the 2008 Unfair Terms etc.. Regs. (bit too squiffy to remember the details!)

 

Blimey - does this mean that MBNA are actually complying with the law for a change?

 

Fred

[citizenB]

All sorted,

[Braveheart12]

Thanks

[Braveheart12]

the latest letter I have recieved from MBNA shows the balance on both my Abbey & MBNA credit cards. The Letter states "At least one of your accounts issued by MBNA (or issued by MBNA on behalf of an affinity partner) has been scheduled to be written-off as a bad debt next month."

 

also...

 

"If we do not receive a payment or you do not contact us by 16th June 2009, we may employ a collection agency or sell this debt after it has been written-off. "

 

Hopefully they will mess up the default notice, I will be keeping the envelope this time!

[Braveheart12]

Todays leter from MBNA is a "Short Settlement Offer":confused:

 

They are offering me 30p in the pound to Short Settle my account. They say once payment is received they will register a partial settlement with a licenced CRA. They then go on to say that I will not have to pay the remaining balance and MBNA will not pursue the matter further!!

 

Sounds like they are trying to trick me into stumping up 30% of the balance before selling to a DCA. Any thoughts on this???

 

They also say my account is due to have a defualt registered on it at the end of the month...Join the club!

[Braveheart12]

Can anyone confirm if this account could be sold to a DCA if I paid the short settlement account?

[citizenB]

I cant say for certain that is what they WOULD do, but it is what they have done in the past.

 

Unless you can get them to commit themselves in writing that they will NOT sell the balance on to a DCA for further harrassment and collection activity on the balance then TBH, I wouldnt trust them.

[exchange]

Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

 

Posting this link to get MBNA's practices noticed. Please sign.