MBNA v Blood Money

[vint1954]

Having an interesting time with MBNA at the moment - lots of threats, 'might go for a charging order', 'been checking up on your bank a/c and house', 'we've never lost a court case', etc, etc.

 

I've tried the CCA route & I'm waiting for the clock to run down on the 2nd CPR letter. Decision time then - wait & see what happens or go to the court for non disclosure of the agreement.

 

MBNA have ignored every request for a copy agreement except for the 2nd 'now in dispute' letter. I'm sure I'm on firm ground here but realised I've never posted up the agreements (two of them) to get 2nd opinions.

 

As far as I can see one is just an application form & the other is a request for a 2nd card holder, not even the original application. Bit late now but confirmation that non of these are valid/enforcable would be appreciated.

 

Cheers. BM

 

[ATTACH]9564[/ATTACH][ATTACH]9563[/ATTACH]

 

Sorry for the late entry, if you follow the link below, there are examples of all types of MBNA agreements. Yours looks like 2000.

 

Were any of the agreements signed?

 

http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

[vint1954]

Thanks DG. If it's not a rude question what sort of work do you do & how do you come across Optima? How can you help?

 

I am copying Optima in on all previous correspondence & repeating the CPR request & offer to view the originals at their offices. They are going to look like right prats if they go to court having refused. Crafting my letter now.

 

Anyone else on here had any dealings with Optima?

 

If you look at the first letter from Optima, it says do not reply to this address, but .............

 

This is sent out usually by MBNA.

 

Try sending something like this to Optima and copy MBNA, and maybe your MP. They wont read it, but it adds to the paper trail

 

, Solicitor or whoever

Optima Legal

Arndale House

Charles Street

Bradford

West Yorkshire

BD1 1UN

Ref Account **************

Dear Mr xxxxxx, or whatever name

 

I refer to your letter of xxxxxxx 2009, the content of which is noted. No debt to your client is acknowledged.

 

On xxxxxx 2009 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply. This account was placed in dispute on the xxxxxxx 2009 and a further response sent to MBNA xxxxxxxxxx2009. These letters are enclosed.

 

In the circumstances, your and your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection and your attention is drawn to this guidance document.

Your attention is also drawn the ICO on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to MBNA under s10 of this act. You may wish to advise your client of the implications of ignoring the Data Protection Act.

With regard to the threat to obtain a Charging Order on any property that I may own, I would draw your attention to the OFT’s current investigation into such practices.

Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours sincerely

[scubadiver]

watching with interest:)

[vint1954]

No your not being rude. Following my recent redundancy the only job I was offered was for a debt elimination company which I took just because I needed the money.

I would not recommend anyone use one of these companies as they are only doing the same as we on the forum are doing only they are charging an arm and leg to do it and there is still no guarantee that they will win and certainly they cannot prevent court action.

I hate the job so I deal with DCAs all day (just as well that they don't know who I am or they would be hounding me at work for money)

The people I work with are a nice bunch and if I ask them anything they will tell me. The legal team are rather good in what they do. So if I can help in finding something out I will.

DG

No need to explain diamondgirl, best off earning a living and of course inside information.

[diamondgirl]

Exactly this is the only reason I'm staying put until I can find something better (if ever a job turns up). While I'm there I'm trying to find anything I can as anything new may help everyone here. Phone numbers/email addresses etc., Anyone can PM me if theres something specific that I may be able to find out.

 

DG:)

[vint1954]

Exactly this is the only reason I'm staying put until I can find something better (if ever a job turns up). While I'm there I'm trying to find anything I can as anything new may help everyone here. Phone numbers/email addresses etc., Anyone can PM me if theres something specific that I may be able to find out.

 

DG:)

Thanks for the offer DG.

[Blood Money]

Sorry for not posting for a few days - trying to sort out a job - thought all problems over - ha ha - should have known better.

 

Anyway,

 

DG - thanks for the offer. Much appreciated. If it all gets nasty I'll might take you up on that. As Vint 1954 says - don't worry - a job is a job.

 

VINT1954 - thanks for the link - one of mine does not exactly match any of these & the other dates back earlier than 2000. If there is no signature from the lender is it enforcable? We did sign applications - but have nothing else. There is no default charge information on the agreements - I seem to remember this is important after/before a certain date but can't find the thread with the information now. Trying to decide if all the prescribed info is present & if in right format to be enforcable - difficult to read.

 

I have sent a version of your letter to Optima along with demand for a true copy under CPR. Also repeated my offer to visit to view the original. Will have to wait & see what they say now.

 

SCUBADIVER - where do you get wet? StoneyCove/Capernwray/St Abbs?

[scubadiver]

Hi BM,

 

I normally get wet at Wraysbury. (its close to home).

 

The dive club goes to Stoney 3 or 4 times a year, I try and tag along if work allows.

 

I take it you are a Michael as well? (you like blowing bubbles!) Sorry I couldn't resist it

[Blood Money]

Yep - use Stoney & Capenwray. Was going to make a 'rubber' comment in last post but thought better of it. Nothing close to where I live apart from a murky lake about 10 mtr deep. Long drive to get to anywhere worth getting wet for.

 

Just been reading other MBNA posts - really is a difficult call to make. Credit rating is stuffed now so might as well fight - but don't want a CCJ if lose.

[scubadiver]

I know the feeling. Stoney is about 3 1/2 hours drive from here. Wraysbury's "muddy puddle" is about 10 mtr deep but it has got some big carp and pike in it. (and an 8ft tall Thorpe Park Ranger)

[Blood Money]

Right - we are down to the nasty bit now.

 

Optima have issued a claim down at Northampton County Court Bulk Centre. I need to file a defence & still haven't got a fully legible copy from MBNA or Optima (claim they have requested it from MBNA). Need to decide tactics here. Is it too late to get an action going for CPR disclosure or do I try to do an embarrassed defence (if that is the right term). Any other suggestions? One for the legal eagles please as the clock is now ticking. BM

[vint1954]

Sorry for not posting for a few days - trying to sort out a job - thought all problems over - ha ha - should have known better.

 

Anyway,

 

DG - thanks for the offer. Much appreciated. If it all gets nasty I'll might take you up on that. As Vint 1954 says - don't worry - a job is a job.

 

VINT1954 - thanks for the link - one of mine does not exactly match any of these & the other dates back earlier than 2000. If there is no signature from the lender is it enforcable?

 

The CCA 1974 says that the agreement is not properly executed unless both parties sign. A court can rule on this as I understand it.

 

We did sign applications - but have nothing else.

 

Have a look at the attached link on applications. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/211306-new-tack-supplying-cca.html

 

There is no default charge information on the agreements - I seem to remember this is important after/before a certain date but can't find the thread with the information now. Trying to decide if all the prescribed info is present & if in right format to be enforcable - difficult to read.

 

I have sent a version of your letter to Optima along with demand for a true copy under CPR. Also repeated my offer to visit to view the original. Will have to wait & see what they say now.

 

SCUBADIVER - where do you get wet? StoneyCove/Capernwray/St Abbs?

Vint

[vint1954]

Right - we are down to the nasty bit now.

 

Optima have issued a claim down at Northampton County Court Bulk Centre. I need to file a defence & still haven't got a fully legible copy from MBNA or Optima (claim they have requested it from MBNA). Need to decide tactics here. Is it too late to get an action going for CPR disclosure or do I try to do an embarrassed defence (if that is the right term). Any other suggestions? One for the legal eagles please as the clock is now ticking. BM

I would start a new thread in the Legal Issues forum, to get advice.

[Blood Money]

Thanks Vint 1954. Have done so under MBNA v Blood Money