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MBNA sold to Experto - no CCA


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Originally sent request to the three accounts for CCA's on April 15th 2009 - all received and signed for on 17th April 2009, sent 2nd day letter stating that they were legally in default of my request for information under the Consumer Credit Act 1974 - Account now in Dispute-May 11th 2009 (12 + many more days etc) with a deadline date of June 4th 2009 had received nothing from all three - Today received a letter regarding one of the MBNA accounts from Global Vantedge "regarding the arrears on your account" and to make payment.

 

Any advice as to next move please?

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Receiving texts on my mobile and phone calls to my home number - not received a single letter of acknowledgement for my CCA request! Should I send further letter, refer to Ombudsmen or sit and wait? (not very good at the waiting part :rolleyes: )

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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In reality, unfortunately, whatever you send them will be ignored.

 

From your post I'm guessing that you've stopped paying? That usually gets their attention.

 

I'd be inclined to make a subject access request, and note specifically that you want to see the CCA. Once that arrives, write to them and ask them to confirm that they've sent everything that they hold on you. This may be useful later if they come up with something that they haven't previously sent.

 

Remember not to sign anything- and send a postal order for £10 as payment for the SAR.

 

The next move is really up to them, unless you feel brave and want to issue against them. This could be dangerous though until you know exactly what they have up their sleeve- which may be nothing

 

Hope this helps :)

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Just to add, send them a telephone harassment letter like this..ou're at it rescind any authority they may have to make / threaten to make doorstep calls

 

**Credit Card Co Name and Address**

 

Dear Sir / Madam,

 

Ref: Account Number: **** **** **** ****

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

You are aware that this account is in FORMAL DISPUTE as per my letter dated **/**/****, which was signed for at your offices on **/**/****.

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

 

 

Yours faithfully

If you use BT for your home phone, they have a nifty service called 'right to refuse'. Its one of their premium services, but doesn't cost much, and you can bar individual numbers from calling. Works a treat :)

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many thanks SB100- off to get my postal orders!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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I've read this and SB's thread. I'm in the same boat. Check out my thread on Vantedge in the other forum. It has a UK address for them. They are a known crooked bunch of law-breaking buggers, so watch out.

 

I wonder how many of us with perfect credit scores have been forced onto these forums by MBNA?

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34.9% certainly did it for me

 

And me. I've been feeling so awful about it as I am really a very responsible person in life. I have a good-paying job, mortgage, never miss paying my bills etc.

 

These forums have certainly made me realise I wasn't alone!

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Yep, me too. I would never have considered this course of action until they did this- an increase in credit limit of about £12k in six months, then the second I hit it they whacked me on 34.9% ensuring I'd be a customer forever.

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Yep, me too. I would never have considered this course of action until they did this- an increase in credit limit of about £12k in six months, then the second I hit it they whacked me on 34.9% ensuring I'd be a customer forever.

 

 

100% identical to my situation (sorry for highjacking this thread).

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No problem with hi-jacking - my partner and I exactly the same - we were credit card tarts - because we could be and the offers were to good to refuse - both self-employed and when credit crunch hit both our incomes the credit card companies went crazy with the interest rates! - and then it snowballs very quickly!!!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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With regard to the 34% + interest rate. Mine went up to this just after I sent CCA request, even tho account was up to date and had always been paid on time. I called them to ask what was going on.. Their reply was..' maybe you should consider transferring your balance to another credit card at a lesser rate'. Suprise, suprise, Im still waiting for my original agreement 6 months later!!!

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With regard to the 34% + interest rate. Mine went up to this just after I sent CCA request, even tho account was up to date and had always been paid on time. I called them to ask what was going on.. Their reply was..' maybe you should consider transferring your balance to another credit card at a lesser rate'. Suprise, suprise, Im still waiting for my original agreement 6 months later!!!

 

 

Again, this is identical to my situation. What has occurred in the 6 months? Have you been paying?

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hiya everyone pls take a look a the below thread very interesting!

 

http://www.consumeractiongroup.co.uk/forum/mbna/204839-band-together-against-them.html

 

 

have a sunny day laters angel x:-)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Again, this is identical to my situation. What has occurred in the 6 months? Have you been paying?

 

Only stopped paying after dispute notice period expired. Ive have several abusive intimidating phone calls from them, but as they only have a mobile number I can now screen the calls. Had several letters, but only to say my account is now in arrears.

Just out of interest, Im going through the process with MBNA on behalf of a friend, He has received a copy of his original signed agreement, which makes me think that if they have it, they will send it as requested.

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Despite notifying MBNA of Account in dispute way back in May - and sending harrassment letters - RMA are calling my mobile to contact my partner and the home telephone number - today received a contact letter from RMA - does anyone have a template letter to send them - I have looked at the template library and cannot find one to send to RMA notifying them account in dispute - I have sent SAR MBNA - still nothing from them!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Update:

 

MBNA Account 1: Sent letter to RMA (Risk management Alternatives) notifying them of account in dispute

MBNA Account 2: Global Vantedge Phone Calls

Virgin (MBNA) Account 3: Global Vantedge Letters and Phone Calls

 

Still not a single letter from MBNA or Virgin - waiting SAR documents

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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MBNA have not acknowledge any of my CCA requests at all - so I was rather surprised to receive on Saturday my SAR requests letters and postal orders returned to me with the following letter for MBNA account 1 and 2 - requesting the account holders signature - both sent by the same person because they hand wrote the envelope. Please can anyone advise!!! urgently

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNASARResponse.jpg

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Telephone call from MBNA yesterday stating that they do not have any knowledge of my CCA request despite a return of my SRA request - stating they want a signature to proceed. Also Next Directory of whom I have no dispute and always paid on time and within my limit fr over 15 years have reduced my credit limit to balance owing due to bad credit information. So my credit rating is now officially trashed! :mad:

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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They can ask for your signature for a SAR (this has been confirmed by the ICO) but I would supply it and put lots of crosses through it so it can't be 'lifted' however they do not need a signature for the CCA request !!! - have a look at this - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/572-debt-letter-when-company-refuse-cca-due-to-no-signature--

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Next are probably worried as they don't have a signed agreement for your account !!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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MBNA rang again told me that they have had no requests for CCA or other letters because I was sending them to the Bolton address as on there statements apparently this is a payment address and not a correspondence address, although I said I will not discuss this on the telephone I did point out that MBNA had infact returned my SAR which was addressed to Bolton with all my attached copied correspondence - so they did actually receive them. Also received letter today telling me that for the next 6 years I am going to have bad credit, where future employees, car finanace etc will have access to!!!! Sent them the SAR request back with a letter stating all of the above and that passing information on whilst account is in despite is not allowed. Do not think they are listening though.. Any idea how long this goes on for and what will be the next action?

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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  • 4 weeks later...

Have been away - whilst constant calls from MBNA - telling me that the required information has been sent and I owe outstanding amounts I could pay using a debit card etc.

On return two DHL parcels arrived and the constant phone calls again!

 

I have been sent a computer screen printout of personal data etc, copies of correspondence sent to me (these were never received!) listings of telephone calls - all detailing my repeated requests and copy printout of tranactions - also please see attached agreements??? - please look at advice - urgent!!

 

MBNA Account 1: - Realy bad photocopies

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAResponseLetterJuly09Blanked.jpg

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAplicationFormSide2July09.jpg

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAplicationFormSide1July09Blanke.jpg

 

Virgin Acct: Bad Photo copy again

http://i713.photobucket.com/albums/ww132/Diamond40_photo/VirginResponseLetterJuly09Blanked.jpg

http://i713.photobucket.com/albums/ww132/Diamond40_photo/VirginCreditReplySide1July09Blanked.jpg

http://i713.photobucket.com/albums/ww132/Diamond40_photo/VirginCreditReplySide2July09.jpg

 

MBNA Account 2 (partner) - No copy of aplication form - just computer scren printout of details, copies of transactions and telphone log - no copies of my leters requesting etc.

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAResponseLetterJuly09Blanked.jpg

 

I really do need someone to look please!!!

Edited by LB145
I am utterly stupid?

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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1st August - MBNA rang at 8.00am - told them pack had arrived, whilst away and need time to read and once taken legal advice I will respond - the MBNA employee told me that I had to legally make payment and bring the account up to date even if in dispute, they can continualy telephone me and can pas my bad credit inofrmation on! - received 12 missed calls on my mobile continiously through the day, 3rd August 8.00am phone call to home told me - complained about th constant harassment despite sending letter and was told that I could not have had 12 missed calls - so my mobile has turned into a liar!

 

also please see attached agreements??? - please look at advice - urgent!!

 

MBNA Account 1: - Really bad photocopies

http://i713.photobucket.com/albums/w...y09Blanked.jpg

http://i713.photobucket.com/albums/w...ide2July09.jpg

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAplicationFormSide1July09Blanke.jpg

 

 

Virgin Acct: Bad Photo copy again

http://i713.photobucket.com/albums/w...y09Blanked.jpg

http://i713.photobucket.com/albums/w...y09Blanked.jpg

http://i713.photobucket.com/albums/w...ide2July09.jpg

 

MBNA Account 2 (partner) - No copy of application form - just computer screen printout of details, copies of transactions and telephone log - no copies of my letters requesting etc.

http://i713.photobucket.com/albums/w...y09Blanked.jpg

 

I really do need someone to look please!!!

Edited by LB145
Because I am so dumb!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Did they send you all your statements ? any default notices at all ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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