AK Claimform - MBNA card 'debt'

[Muffintop]

Good for a start

 

Thanks

 

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

that tear off is the same as mine, muffintop v mbna.... almost exact although mine did have a sig but was an app not an agreement,

am i being thick but where is the default notice? i dont know what one looks like or if i have had one.

[blueotter]

I've had a default notice from mbna but its not been terminated yet. The default notice was defective,not giving enough time to rectify. They sent a batch of these out but i wonder if they're going to reissue them now having realised their mistake.

 

I sympathise with you guys re work calls,its a pain,what i did was answer the phone and said i no longer worked in this company.It did the trick,didn't get any calls from then on.You could try it.

 

Waiting for mbna's next line of attack now althoug hi have written a stinging reply today so i'll send that off and copy it to the oft and trading standards etc.

[citizenB]

I've had a default notice from mbna but its not been terminated yet. The default notice was defective,not giving enough time to rectify. They sent a batch of these out but i wonder if they're going to reissue them now having realised their mistake.

 

 

 

 

Yes, they can reissue a default notice as long as they havent terminated the account in between times.

[MeeBroke]

I haven't made a payment on this account since May and as of yet have had no notice of impending default etc.

[MeeBroke]

After a quiet period I received a letter from MBNA today with what appears to be a weak threat. It says 'we are considering our legal options and notice you are a home owner. We could seek a CCJ , which would then result in a charging order being placed on your home.'

 

Oddly, they have yet to send me any sort of default notice etc. I have not paid a penny on this account since May.

[blueotter]

The old intimidation and blackmail tactic !

 

They never cease to amaze me,quick enough to spend time investigating peoples financial affairs when they want their money,in complete contrast to the zero amount of time they spend assessing somebodys financial position prior to extending credit limits to absurd and ridiculous levels.

 

I had plenty of these,there's no rhyme or reason to them at all. You may get a default notice through the post at any time. No point hypothesizing on a due process because there isn't one as far as they're concerned.

 

On an earlier subject we touched on in yoru thread,mbna have sold my account to capquest who unbelievably have rung my gran asking questions ! She's x directory and i've never even made a call from her house or used her phone number in any correspondence.

[Dotty50]

Hi Meebroke,

 

Must be their week for contacting people. I received a postcard to say they would be contacting me this week and have today received a Private & Confidential email as follows: -

 

We have been trying to contact you, please can you call us on receipt of this email on 01244 674515 or +44 1244 672111 (overseas) between the hours of 8am-9pm Monday –Thursday, 8am-5pm Friday and 8am-12pm Saturday.

 

 

 

Alternatively, to enable us to comply with the Data Protection Act, and before we can discuss any personal information over e-mail; we require confirmation that you are happy for us to do so.

 

Upon receipt of a reply to this email consenting to this, we will be able to process your requests both now and in the future.

[MeeBroke]

I thought I read somewhere that it was unlawful to threaten a charging order? This isn't even implied-it is an explicit threat.

[MeeBroke]

I have just received a 'letter' that came 1st class recorded to my work. The handwriting on the envelope looks exactly like the handwriting on a letter I recently received from MBNA.

 

The envelope contains a folded piece of lined notepaper with nothing on it.

 

Now, I may be being paranoid here but do you think this is some attempt to confirm my place of employment or something?

 

Has this happened to anyone else?

[MikeBigg]

Blimey - that is underhand!

[sam614]

very underhand:(

recorded as well

 

so they get confirmation of work place,when they think you will call to ask what it is about.muppets.

SAM

[PGH7447]

keep it for future reference, or better still if there is a return address send it back with not at this address on it

[MeeBroke]

Can't wait for the opportunity to show this to a judge.

[alex2258867]

Hi Meebroke,

 

This happened to a friend of mine recently. A DCA sent a recorded delivery letter to her place of work, which contained a blank piece of paper. She recognised the writing and thankfully a colleague had signed for it.

 

We believe they were either trying to get a copy of her signature (as they had no cca) or they were trying to confirm if she still worked in the job that she had given on her application for a cc. They failed on both counts!

 

More recently, I told a DCA to jog on as they had no agreement and I received a recorded delivery letter with a letter telling me that they had requested a 'true' copy from the OC blah, blah, blah.

 

It was very suspect that the DCA had sent a a recorded delivery letter. So I signed with a different signature and kept a copy from the Royal Mail website, just in case!

 

Be very aware of what you receive in the post...they think they are being clever...think again!

[MeeBroke]

Hi Meebroke,

 

This happened to a friend of mine recently. A DCA sent a recorded delivery letter to her place of work, which contained a blank piece of paper. She recognised the writing and thankfully a colleague had signed for it.

 

We believe they were either trying to get a copy of her signature (as they had no cca) or they were trying to confirm if she still worked in the job that she had given on her application for a cc. They failed on both counts!

 

More recently, I told a DCA to jog on as they had no agreement and I received a recorded delivery letter with a letter telling me that they had requested a 'true' copy from the OC blah, blah, blah.

 

It was very suspect that the DCA had sent a a recorded delivery letter. So I signed with a different signature and kept a copy from the Royal Mail website, just in case!

 

Be very aware of what you receive in the post...they think they are being clever...think again!

 

 

I'm gobsmacked. Luckily, I work for a large company with a mail room so it was signed by someone else.

[MBNASlayer(1)]

Completely off topic but I got a letter today from the mobile phone company 3 advising I owed them £49.00 from an old contract.

 

When I phoned them up they said I cancelled the agreement in Sept 2003 and I owed them money. I had never received anything from them in the past asking for money. The letter also stated I may not have been contacted in the past as it was an oversight by them.

 

I pointed out to their employee that as it was over 6 years ago they were time barred and unable to collect the debt.

 

The worrying this was that he said "OK i will recal the debt from our debt collection agency and have any default removed from your credit file"

 

I wonder if that is why all of my credit card companies contacted me within a mount of each other in the spring bumping up my rate and withdrawing my credit limits?

[PGH7447]

check your file to see what info they put on it, then sue them

[citizenB]

I thought I read somewhere that it was unlawful to threaten a charging order? This isn't even implied-it is an explicit threat.

 

There is something in the OFT guidelines, about that.. you will find the information

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance

 

You might also find something in the following as well.

 

The Consumer Forums - Consumer Protection from Unfair Trading Regs. 2008

 

HTH

[Spice57]

Hi meebroke

 

Defo a week for contacting people, received a postcard yesterday saying they will be paying me a visit and as i live in SPAIN some distance to travel, nice jolly for someone !!

[MeeBroke]

I just had this sent to me in an email. The first use of the term 'default' I have seen to date. The email seems to overlook the fact that they have thus far ignored the 13 letters sent to them via Recorded Delivery. This is the entire content of the email:

 

We would much rather come to an agreement with you directly than take further action however, you are leaving us with no choice. Due to regulatory requirements we will be forced to default your account, which will remain on your credit file for six years. A Default does not relieve you of the responsibility to repay the debt, which may be legally assigned to a third party for collection.

 

To prevent recovery action, please call an account manager on 01244 681461, they will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

[citizenB]

I just had this sent to me in an email. The first use of the term 'default' I have seen to date. The email seems to overlook the fact that they have thus far ignored the 13 letters sent to them via Recorded Delivery. This is the entire content of the email:

 

We would much rather come to an agreement with you directly than take further action however, you are leaving us with no choice. Due to regulatory requirements we will be forced to default your account, which will remain on your credit file for six years. A Default does not relieve you of the responsibility to repay the debt, which may be legally assigned to a third party for collection.

 

To prevent recovery action, please call an account manager on 01244 681461, they will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

As you say, they have ignored your "legal" requests for documentation or resolution of a dispute.

 

They can only assign the account if there is provision for it in the terms and conditions of the ORIGINAL contract and as you havent seen that.... Well !!!

[blueotter]

I had one of these meebroke,gave it as much attention as they did to my numerous letters,ie none.

Unfortunately you need to pPrepare for the fact that you will undoubtedly receive a default notice in due course,irrespective of whether or not your account is in dispute.

[MeeBroke]

I should also add that they have added interest and late payment charges to the tune of over £2k+ whilst the account has been in dispute.

[MeeBroke]

Well, I got in touch with my local TS again yesterday to ask how things were going with getting MBNA to forward a copy of a properly execute Credit Agreement. I heard back quite quickly and to my surprise they told me that Cheshire TS had actually had a meeting with MBNA yesterday on my behalf!!!

 

The result? MBNA told TS they had already sent my agreement. Case closed. I think MBNA must be refering to the grainy copy of the tear off slip of my application form. I've asked TS to continue its pursuit of a proper agreement document and they have agreed to do so.

[MeeBroke]

Just had a call from MBNA. Decided to pick up, what the hell it's Friday.

 

MBNA: Hello, is that MeeBroke?

 

MB: Who's calling?

 

MBNA: It's Virgin

 

MB: How can I help you?

 

MBNA: Can you confirm this is MeeBroke?

 

MB: If it was MeeBroke, I'd assume his solicitor would have instructed him not to speak to you and only communicate through written correspondence

 

MBNA: Click