AK Claimform - MBNA card 'debt'

[dpick]

MBNA the agreement I received is unenforceable under s127(3) having no prescribed terms agreement they have agreed unenforceable and will not pursue with approx £1600 compensation.

 

dpick

[Redfish]

MBNA the agreement I received is unenforceable under s127(3) having no prescribed terms agreement they have agreed unenforceable and will not pursue with approx £1600 compensation.

 

dpick

 

Dpick, what do you mean with approx £1600 compensation? Was that the amount left owing in your account that they wrote off? Or was it money refunded for interest charges etc after writing off your account?

[MondeoST24]

MBNA the agreement I received is unenforceable under s127(3) having no prescribed terms agreement they have agreed unenforceable and will not pursue with approx £1600 compensation.

 

dpick

 

Hi, could you please expand on the compensation aspect of this?

 

Thanks

[alisindebt]

Yes, equally I am interested to know also as they have just written off 10 thousand pounds for me, same reason, but no mention of compensation!!! Hahahaha. What did I miss?

Dpick, what do you mean with approx £1600 compensation? Was that the amount left owing in your account that they wrote off? Or was it money refunded for interest charges etc after writing off your account?

[CarolaBarola]

I pursued them for a copy of my CCA for a few months. They finally offered me a short settlement, firstly by telephone and then I asked them to confirm in writing, they did confirming that once I paid £1400 over three months they would not seek to gain any further funds from me and the matter would be closed. My total balance at the time was approx £3.500.00. However I received statements and reminders for the remaining balance so I wrote to them, enclosing copies of all correspondance, and touch wood they seem to have done what they said they would now.

[MeeBroke]

Thanks all. That gives me some hope.

[MeeBroke]

Still nothing. No more calls, no letters, nothing. I'm sure I'll get hit with something soon as this is the second month I haven't made a payment. No aknowledgment of any of my letters.

[MeeBroke]

Well, no letters, no phonecalls and I finally got an email (the first ever from MBNA). It's reads:

 

Your account remains overdue and your payment history suggests that you are struggling to repay your debt. We are aware of the problems and stress that being in arrears can bring and we would like to take the opportunity to help you, please call 08007 076287 today to discuss your options. Our specialists are available Monday to Thursday 8am to 9pm, Friday 8am to 7pm and Saturday 9am to 3pm.

 

Not sure what they're talking about re my 'payment history' as, up until they put the account into dispute by not sending me the CCA, I had never been so much as late on a payment, ever. Obviously I'm not about to speak to them on the phone. The email also says that I may not reply to the email.

[MeeBroke]

So it's game on.

 

Today my OH received a call from 'Michael' at MBNA. She refused to speak to him. He then rang my mobile and left a message. He then rang my work!!!!

 

I have no idea how he got my work number. I work for a global company and even if he found out who I worked for I have no idea how he got all the way to my extention.

 

Anyway, he admitted that they had received my letters. He carried on to say that my account was in arrears and I needed to make a payment today. I told him that they had put the account in dispute by not giving me a copy of my CCA back in May. He said "no such laws existed".

 

I told him I would only discuss my account in writing. He told me this is impossible because they are a "telephone bank".

 

The only good thing to come out of the conversation was that he mentioned to me that the account was opened in 2005. Up until then I was worried about the 2007 cut off.

 

I know I shouldn't worry as the account is in dispute but I am very worried about them calling my employer.

 

Could really use some advice/help. Thanks MB

Edited July 17, 2009 by MeeBroke

[MeeBroke]

Just another bump. So, should I continue the waiting game?

[MikeBigg]

There is a "do not telephone me" type template letter that you could send.

 

It isn't guaranteed to work, though.

 

The phoning at work is an underhand tactic!

 

Mike

[supasnooper]

here's the telephone harrassment letter you want. You may need to amend to suit -

 

Harassment by telephone - response letter

 

 

 

 

Harassment by telephone - response letter

Your Street

 

 

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

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.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

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

 

I am of the view that your continued 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.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

.

.

© Reclaim the Right Ltd.

.

.

.

 

************************* ***********************

 

This should do the trick, but, if it doesn't, keep your cool and report them to the Office of Fair Trading and your local trading standards office.

 

PLEASE REPORT ABUSE.

 

Remember, keep your cool at all times, don't be intimidated by a piece of plastic, if you don't like what you're listening to, put the phone down - and remember the most important thing of all is to put and get things in writing at all times.

 

Additionally, complain to OFCOM - How to complain | Ofcom

 

The Communications Act 2003 can be found here

Communications Act 2003

 

 

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[MeeBroke]

Thanks for that. I've already sent that letter to Global 'Vantedge in the beginning when they were ringing me 5 times a day. Stopped instantly.

 

Might hold off on this one as the 'frequency' has only been once so far. I honestly want to know how he got my work number though. I had a totally different job when I took out the card, years ago. I never updated this with MBNA. Ok, perhaps my NIN is connected to my employer but, we employ 10's of thousands of people in 70 countries. Seriously, how did he get my number?

[supasnooper]

They may have simply called your employer and asked for your number or perhaps a work colleague gave it to them ?

[MeeBroke]

No more phonecalls to date but I've received two more threatening letters telling me my account is in arrears (it's not, it's in dispute). Still no mention of my requests for CCA.

 

Letters from Martin Supple, whom I directed my most recent correspondence to (weeks ago now), bringing to his attention my CCA, and copying all the letters I've sent so far to him.

 

Getting on 3 months since my initial request for CCA.

[MeeBroke]

What's the other thing I can do to try and get these crooks to let me see the documentation, the one that'll cost me £10?

 

I can't stand doing nothing

[MeeBroke]

What's the other thing I can do to try and get these crooks to let me see the documentation, the one that'll cost me £10?

 

I can't stand doing nothing

 

 

Actually, I think it's a SAR? can't find a template letter though. Help gratefully appreciated.

 

MB

[MeeBroke]

Found it. Will send today.

[MeeBroke]

Actually, can someone actually confirm the correct address to send an SAR to at MBNA? Is it the same Chester address?

[citizenB]

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9FB

 

Compliance Department

 

[MeeBroke]

Thanks. Hopefully I'm not wasting more time/paper/ink.

[MeeBroke]

Well, after sending the email template listed in the other thread I've now heard back from both the OFT and the FSA. Both say they won't help. This from the FSA today:

 

Neither the FSA nor the OFT can intervene in or investigate

complaints against firms on behalf of the public; this is the role

of a separate and independent body, the Financial Ombudsman Service

(the Ombudsman). The Ombudsman can investigate complaints about

firms that hold credit licences where the cause for complaint

occurred on or after 6 April 2007. (This restriction does not apply

to complaints against banks and building societies.)

[landy_alert]

Well, after sending the email template listed in the other thread I've now heard back from both the OFT and the FSA. Both say they won't help. This from the FSA today:

 

Neither the FSA nor the OFT can intervene in or investigate

complaints against firms on behalf of the public; this is the role

of a separate and independent body, the Financial Ombudsman Service

(the Ombudsman). The Ombudsman can investigate complaints about

firms that hold credit licences where the cause for complaint

occurred on or after 6 April 2007. (This restriction does not apply

to complaints against banks and building societies.)

 

Hi MeeBroke:)

 

What aspect of MBNA's behaviour/actions exactly were you complaining about to the FSA and OFT? I know there's plenty to complain about with MBNA as my OH has two accounts with them unfortunately which I have been trying to sort out on his behalf!

 

I realise they are unable to investigate complaints on behalf of the public as you say, but when I recently made a complaint to the FSA about Lloyds bank they did say they had passed my complaint to the relevant department and that although they couldn't specifically resolve my issues they would use my complaint to help build up a picture of where the bank may be failing to meet the FSA's standards. They also said that the issues I had raised may indicate wider concerns about the bank's ability to meet those standards. Did the FSA /OFT say anything like that to you?

 

To be honest I think what I received is pretty much a generic response but it felt good to know I had reported them as I usually threaten to do these things then don't carry it out.

 

It's rather disappointing therefore to hear that you received a negative response as this might deter you from complaining again:(

 

Good luck with your fight against MBNA!

 

Regards,

 

Landy x

[MeeBroke]

Well, no phonecalls in ages and no letters, in fact, no contact of any kind in weeks. The account has now been in dispute since mid May. August is the third month that I have made no payment whatsoever.

 

Can't help but think something big is coming soon.

[supasnooper]

You could go on the offensive here by using CPR31.16 to force them to produce a CCA.

 

Don't know if you've read these threads (courtesy of 42man) -

 

Why you shouldn't use the CCA argument to get your agreement

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

 

CPR 31.16 Court win

 

smt37 vs Morgan Stanley/Goldfish/Barclaycard ** ORDER TO PRODUCE CCA CPR31.16 WIN ***