experto claimform - Mbna- Virgin Card ***Claim Discontinued***

[Dotty50]

Hi Any help much appreciated,

 

Had reply at last today which I have attached.

 

What to do next is the question.

 

Write back with copy of original CCA request? Send another £1? Copy FOS? Or SAR?

 

Must say, only had a couple of calls, so far from Virgin and they have been polite and not really pushed to get me to discuss anything on the phone but don't expect this to continue as I have now stopped payment.

 

Ultimately want to get to a position to make offer of settlement to them.

1ST REPLY - 1ST SEPT 09 - WITH DELETIONS.pdf

[manxcat2206]

Did you send your original request by recorded delivery? If so, you should be able to prove whether or not they received it. You could also check if they cashed your £1 postal order.

[Dotty50]

Hi manxcat,

Thank you for taking the time to reply.

 

Yes everything I have sent has been recorded delivery and my letter was signed for the day after, however I didn't keep a copy of the postal order or stub! Realised now that was a mistake and it's so unlike me not to think of these things.

[Redfish]

As long as you have the evidence of the signed delivery that would be enough to say they are in default for not providing you with your agreement.

 

If you've sent them the account in dispute letter then just sit tight, wait, and don't let the harrassment calls and letters bother you. Until they provide the agreement they haven't got a leg to stand on.

[MeeBroke]

Hi Any help much appreciated,

 

Had reply at last today which I have attached.

 

What to do next is the question.

 

Write back with copy of original CCA request? Send another £1? Copy FOS? Or SAR?

 

Must say, only had a couple of calls, so far from Virgin and they have been polite and not really pushed to get me to discuss anything on the phone but don't expect this to continue as I have now stopped payment.

 

Ultimately want to get to a position to make offer of settlement to them.

 

 

this is the sort of letter I expect to receive. I CCA'd in early May via Special, followed up with dipute letter and have sent 3 further reminders of account in dispute. They have not responded in anyway to any of my letters. I have retained all receipts and even kept the electronic signatures that you get on the royal mail website. I even had a phone conversation a month or so ago when an MBNA robot confirmed they had my letters.

 

Still not one word in almost 5 months.

[Dotty50]

Hi

Thanks for posts, Redfish and meebroke.

 

Have had other things to sort last couple of weeks but now back on the case.

Had this letter today, seem to remember seeing the name of the sender mentioned on other threads.

 

Anyone had any expericence of a letter like this and what sort of response to send (if any)?

 

I am still awaiting CCA requested in April!

COMBINED BALANCE LTR - 11TH SEPT- with deletions.pdf

[blueotter]

hi,

i received one of these ages ago,wrote back to them reminding they still needed to comply with my cca request,you could do the same or ignore it.

It took mbna 4 months to reply to my cca request and they send a default notice the same day.

[MeeBroke]

hi,

i received one of these ages ago,wrote back to them reminding they still needed to comply with my cca request,you could do the same or ignore it.

It took mbna 4 months to reply to my cca request and they send a default notice the same day.

 

 

I really am bewildered as to why I've heard nothing at all from them. I'm just sending a reminder every time I get any letter from them at the moment, with a copy of my original CCA request. 5 months and still not one word.

[Dotty50]

Hi

 

Now received this from them.

 

I have blown up what they allege to be the CCA, its practically impossible to read it.

 

The snakeskin makes me wonder if I did this application online, I really can't remember.

 

The APR's quoted are around 13% but mine is now in excess of 34%! How can they warrant this? Until July this account was paid without problems.

 

Any opinions would be greatly appreciated.

REPLY TO CCA REQUEST WITH DELETIONS.pdf

[supasnooper]

Have a look here to see if it matches any of the agreements - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

Also, have a look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[Dotty50]

Thank you supasnooper, will take a look.

 

The other thing I noticed is that the snake skin is page 447 of 924, so guess if I sent SAR I would expect a lot of papers!

[Dotty50]

Well as advised Supasnooper had a look at other copy agreements on the link you posted and it appears that the one sent to me may be enforcible, however legibility is questionable.

 

So, what to do next, is my question.

 

Think I will respond to the combined balance letter I received to remind them of my dispute with the one CC and respectfully request a legible copy of this one, together with T & C's applicable when the CC was taken out.

 

Unless anyone has any other suggestions please.

[Dotty50]

Hmm. No reply as such yet.

 

No calls either, 1 email that doesn't let you reply!

 

However I did get a 'Combined Balance Letter' recently.

 

See my other thread.

 

http://www.consumeractiongroup.co.uk/forum/mbna/201852-mbna-virgin-cca.html

 

Any suggestions what to do next please?

[rev.ian]

You sent a valid CCA request, they have not fulfilled your request.

I would do nothing for the following reasons.

• Whilst they are in default of your request they cant chase you.
  
• The more you get onto them, the harder they will try to find a valid CCA.
  
• The longer they are in default the better it will look for you in the eyes of a judge if ever it went to court.
  

[Dotty50]

Hi again RevIan,

 

Thanks for posting, Its difficult to know what to do for the best in this situation, as you say, if I chase it might make them more determined but if I ignore it, then this could possibly be frowned upon by a judge, if they ever produced a CCA and went to court.

 

I think I will ignore the combined letter but think of an appropriate response to my Virgin MBNA card. They have produced something illegible, which seems to be the norm.

 

Just had a read of you sainsburys thread, gave me a giggle. I have one too but not pursuing it at the moment, can't handle too much at once.

 

There are some limits to multi-tasking!

[Dotty50]

Bump

 

Anyone have any other suggestions please?

[pigland]

Has anyone else noticed that Virgin MBNA agreements late 2004 all seem to have prescribed term 1f missing on the copies. Have Virgin MBNA ever produced a true copy of these 2004 agreements at court or are they microfiche? If so as they are not complete I assume they're unenforceable? CREDIT AGREEMENT REGULATED BY seems to be missing. It seems that the dotted line cut these agreements up. Any views because I'm being taken to court by Howard Cohen?

 

Any views?

 

P

[Dotty50]

Hi,

 

Anyone had a postcard with pumpkins on? Guess it is getting close to Halloween!

 

Phone no on it is 01244 674575

[Dotty50]

Anyone had a postcard covered in pumpkins?

 

Its' not quite Halloween yet!

 

Any way they are going to be calling me week commencing..................

 

But if inconvenient please call 01244 674575

 

Is it MBNA, does anyone know please?

[rev.ian]

Do not call the number Dotty50, is that a phone call or or a home visit?

[underdog13]

I've had the 'pleasure' of receiving MBNA's post cards - they mean they will be calling you on the phone. I have never heard of anyone having a doorstep caller following one of the postcards:)

[citizenB]

It is a Chester dialling code, popping the whole number into Google brought up 3 entries at that number.

 

All under the name of "SHONE", but with different initials.

 

This is an MBNA tactic though, so I certainly wouldnt phone them back. Unless you are able to do it from say a phone box.

[Dotty50]

Hi thanks for your responses. I have no intention of calling them.

 

Rev.ian - Think they may arrive by broomstick!

 

Underdog - see post 266 on this thread, I was surprised but it appears that some do. Although it relates to Cap1.

Re: MBNA and Aegis - No CCA received!

 

CitizenB - Thankyou never thought of doing that, how can they get away with putting false identities on it? What difference would it make by calling from a phone box? Or am I being dumb?

 

Only thing I don't know is whether it refers to this card or the Virgin one

[underdog13]

Hi Dotty, I know other creds sometimes send doorstep callers, but I have never heard of MBNA doing so:)

[Dotty50]

Hi Underdog,

 

It's the only post I have seen ever mentioning it.

 

Thanks again.