AK Claimform - MBNA card 'debt'

[MeeBroke]

i really sympathise with you at work, i had a couple of calls from calders at work and i work for a government organisation.. guessing it would have to be a civil type injunction not to contact you that you may need but you will need evidence, time date, who you spoke to and most of all witnesses or recordings of the call, if they ring again tell them its being recorded and will be used as evidence in court. wonder if ofcom would help but doubt it as i tried this route

 

Thanks MT

 

I sent MBNA a letter via recorded today formally asking them to cease using my work number (I can't even imagine what way the got it in the first place). They have two other numbers for me, that should meet their requirement. I mentioned that if I lose my job, no one will benefit.

 

All I can do really.

[Dotty50]

Hi Meebroke,

 

Seems like it's worth a try, I am planning to do the same with Cap 1 they call twice a day at work!

 

Good Luck.

[MeeBroke]

Ok, since starting this thread, I have received a letter from a Trading Standards officer which I forwarded a copy of to MBNA.

 

Today, I got this from their Enforcement Team:

 

I have been passed the details of your complaint regarding MBNA.

I see that ________ has advised you and has drafted a letter for you. I also see that you have forwarded a copy of this letter to MBNA.

I have telephoned Cheshire Trading Standards and have spoken to the Officer who deals with MBNA. She has informed me that MBNA do respond with the proper documentation although they are often delayed because they receive thousands of requests.

I need your permission to disclose your name and address to MBNA.

If you give me your permission I can ask the above Officer to contact MBNA regarding your credit agreement.

Regards

_________

Principal Trading Standards Officer

 

 

I'm also preparing to take MBNA to court for damaging my reputation-reporting me for non-payment to credit agencies while the account is in dispute. Has anyone done this yet?

[MeeBroke]

Ok, I'm a bit naive on this but, I'm hoping to take MBNA to court for damages suffered whilst they have been reporting me to Credit Reference Agencies, while my account has been in dispute-some 5 months. My credit score was perfect up until this started happening. I have followed the correct procedure for requesting CCA to the letter (pardon pun). I have kept all documentation, proof of delivery etc.

 

Can anyone offer any comment on this?

 

My thanks

 

MB

[MeeBroke]

WOW!!! It's here!!! Help and advice please gang.

 

After 5 months of completely ignoring my letters an envelope has arrived containing about 12 sheets of paper. No apology for the delay and one of the sheets seems to be a 'default notice'?

 

Ok where to start. The first thing I they have sent is a photocopy of the tear off slip from my application. It included my signature. It lists my credit limit as £9000 when it actually is now £18500. Here is both sides:

 

 

Still looking for advice on this. Please note that these wo tear off slips were provided seperately, each printed out on a side of A4 paper.

 

They were sent with a 4 page print out of current T&Cs.

[citizenB]

If you are saying that the original credit limit was £9,000.. where is there a reference to that within the littlle examples they show to the right hand side of the top page ?. It looks to me as if there is

 

£1,000, £3,000 and £5,000.

 

If you went out and spent £8,500 on the first use.. what would the interest have been ??

[MeeBroke]

If you are saying that the original credit limit was £9,000.. where is there a reference to that within the littlle examples they show to the right hand side of the top page ?. It looks to me as if there is

 

£1,000, £3,000 and £5,000.

 

If you went out and spent £8,500 on the first use.. what would the interest have been ??

 

 

Good for a start

 

Thanks

 

I also think that somewhere in there it refers to section 11 and there is no section 11.

[citizenB]

Good for a start

 

Thanks

 

I also think that somewhere in there it refers to section 11 and there is no section 11.

 

There you go then Next to pull apart is the Default Notice

[haggis1984]

Ive come accross a lot of threads where the general concensus seems to be that judges dont look to kindly on apllications to declare CAs unenforceable (some see it as debt avoidance) and the suggested route is to wait until the creditor initiates court action and then defend on the basis of unenforceabillity.

 

Imho it may be best to use the same process when suing for breach of dpa/damage to credit file/harrassment etc - wait until they initiate court proceedings then wack them with a counter claim. Otherwise you run the risk of the judge interpreting your actions as debt avoidance.

 

If you did want to bring an action I think youd be relying on:

 

The balance being shared with CRAs is innacurate as it contains charges/interest accumulated since MBNA failed to satisfy a CCA request (therefore breach of DPA);

The Banking code states that creditors will only share info with CRAs if the balance is not disputed.

 

Ive put both of these issues to the ICO in my complaint regarding MBNA and am waiting on their ruling.

 

Some have argued that the absence of an agreement prohibits any sharing of information with CRAs. The ICO has stated that this is not neccesarily true as by using the account the creditor has given this consent.

[MeeBroke]

Ive come accross a lot of threads where the general concensus seems to be that judges dont look to kindly on apllications to declare CAs unenforceable (some see it as debt avoidance) and the suggested route is to wait until the creditor initiates court action and then defend on the basis of unenforceabillity.

 

Imho it may be best to use the same process when suing for breach of dpa/damage to credit file/harrassment etc - wait until they initiate court proceedings then wack them with a counter claim. Otherwise you run the risk of the judge interpreting your actions as debt avoidance.

 

If you did want to bring an action I think youd be relying on:

 

The balance being shared with CRAs is innacurate as it contains charges/interest accumulated since MBNA failed to satisfy a CCA request (therefore breach of DPA);

The Banking code states that creditors will only share info with CRAs if the balance is not disputed.

 

Ive put both of these issues to the ICO in my complaint regarding MBNA and am waiting on their ruling.

 

Some have argued that the absence of an agreement prohibits any sharing of information with CRAs. The ICO has stated that this is not neccesarily true as by using the account the creditor has given this consent.

 

Thanks for your input on this. I'm torn between doing as you've suggested and taking the game to MBNA before they put me in default.

 

My case was never one of debt avoidance in the first instance. I was dutifully paying until they ramped up the interest without explanation. They wouldn't give me one, so I CCA'd. When they didn't respond, and only then, I notified them of the dispute and stopping paying. My understanding (which has been clarified in writing to me by Trading Standards) is that they could not demand payment, add interest or late charges to the account whilst in dispute. They have continued to do so as well as reporting me for not paying etc.

 

Now, clearly the spirit of these regulations stem from the fact that as a lowly customer, my only weapon in seeking this information is denial of payment. They refuse to comply, and my credit record/reputation is damaged.

 

I suppose I need to decide the timing of this action. I also need to figure out how to quantify it.

[haggis1984]

In no way suggesting you are engaging in debt avoidance, just playing devils advocate.

 

More discussion here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

[MeeBroke]

In no way suggesting you are engaging in debt avoidance, just playing devils advocate.

 

More discussion here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

 

 

Sorry mate, I didn't think you were. Was just putting that out there

[haggis1984]

Sorry mate, I didn't think you were. Was just putting that out there

 

You never know whos reading!

[vint1954]

Ok, since starting this thread, I have received a letter from a Trading Standards officer which I forwarded a copy of to MBNA.

 

Today, I got this from their Enforcement Team:

 

I have been passed the details of your complaint regarding MBNA.

I see that ________ has advised you and has drafted a letter for you. I also see that you have forwarded a copy of this letter to MBNA.

I have telephoned Cheshire Trading Standards and have spoken to the Officer who deals with MBNA. She has informed me that MBNA do respond with the proper documentation Not proper ones although they are often delayed because they receive thousands of requests.

I need your permission to disclose your name and address to MBNA.

If you give me your permission I can ask the above Officer to contact MBNA regarding your credit agreement.

Regards

 

More whitewash

_________

Principal Trading Standards Officer

 

 

I'm also preparing to take MBNA to court for damaging my reputation-reporting me for non-payment to credit agencies while the account is in dispute. Has anyone done this yet?

vint

[haggis1984]

Hi Mebrooke,

 

Im doing the exact same thing as you with Trading Standards. I got in touch with them initially when MBNA ignored my CA request. At this point TS forwarded an email to me from MBNA stating that MBNA were going to be issuing me with the original agreement as soon as the obtained it. Fast forward 4 months and MBNA have issued their final response with no mention of this so im chasing it up with TS again. Ill keep an eye on your thread

[MeeBroke]

I should mention thta my local TS have seen the 'agreement' that MBNA sent to me and agree that it is NOT an enforceable one. They do not consider this a legitiment document so are asking MBNA to send an actual agreement on my behalf.

[MeeBroke]

Do I have to wait for this to happen?

 

 

 

Also, I've just had a text saying 'MeeBroke, we have recently been trying to get in touch with you, please call '. They haven't attempted to ring me in a week on any number. I spoke to Martin Supple a week ago and told him I was ready to challenge in court and have since then sent 3 more letters via Recorded Delivery.

 

So what are they talking about? Is there really some random account selector that generates these messages?

[haggis1984]

Can you post up the 'agreement' they sent you or link me to the thread if you already have

 

Thanks

[MeeBroke]

Can you post up the 'agreement' they sent you or link me to the thread if you already have

 

Thanks

 

 

http://www.consumeractiongroup.co.uk/forum/mbna/204569-meebroke-mbna.html

[haggis1984]

Thanks for that - was curious.

 

Its still closer to being an 'agreement' than anything theyve sent me!

[haggis1984]

Seems like theirs a lack of cohesion amongst TS branches with regard to this - Ive just been told they have no power in s77 disputes:

 

http://www.consumeractiongroup.co.uk/forum/mbna/204693-haggis-mbna-enforceable-agreement-3.html

[MeeBroke]

I've been battling with MBNA for 5 months trying to get my credit agreement out of them. Followed correct procedure etc.

 

I finally contacted the FOS today to seek their help and they absolutely WILL NOT help. Theyclaim this is not in their remit.

 

So just who IS supposed to enforce the CCA?

[rondodiver]

I think the only ones able to do this is the courts, which is the process I have now started haven't got a clue what I am doing though

[vint1954]

Try your local trading standards.

[MeeBroke]

Just had a week without a whisper from our firends. Not a phonecall or letter of any kind.