Letter from the 'Vice President' Abbey credit card

[greatburdon]

I have s77'd Abbey credit card for an executable credit agreement (24th April) to which I have had no response.

 

I have sent harassment letter, reminders all recorded and finally a complaints letter to their complaints Dept.

 

I received a letter from a Gail Powell acknowledging my complaint and stating I would get a response (this letter) she signed as 'Dept. Manager Customer Advocate office' ... She seems to have been promoted to Vice President in the 1 day gap between letters.

 

I am considering now the cpr route, any advice in response to the tripe in the attached letter please?

 

http://i597.photobucket.com/albums/tt51/greatburdon/scan002.jpg

 

http://i597.photobucket.com/albums/tt51/greatburdon/abbeycont.jpg

 

1st time i've used photobucket so fingers crossed.

 

greatburdon

[mr.ton]

The Office of Fair Trading: Contact us

[greatburdon]

Thanks Mr. Ton .. Are you saying make a complaint to the OFT?

 

GB

[mr.ton]

Err..thats why i gave you the link

[harrassed senior]

Anything and everything that is even slightly 'iffy' must be reported to the OFT, and Trading Standards as a matter of course, because most of these institutions think they are above the law and the more people who complain, the more action will be taken against them.

[greatburdon]

Sorry Mr Ton and thanks. Where she states Section 8d 'Unless you have a legal right to do so, you must not hold back a payment or refuse to pay anything you owe us because of a dispute'...I think I am right in saying I am with-holding because I do have a legal right, plus drawing my attention to the contract I signed??? Thats the very reason for my CCA request! Where is it?

 

GB

[greatburdon]

I have drafted a response to the vice presidents letter. I am still considering going down the CPR route but will wait to see what I get back in response.

 

Any comments would be appreciated.

 

 

 

greatburdon

Edited June 23, 2009 by greatburdon

[welshwizard]

I woudl also be congratulating Ms Powell on her promotion :D:D

[ScarletPimpernel]

I've looked at your reply. Frankly, I wouldn't bother going into such detail whilst they are default of a CCA request.

 

I'd take a slightly different approach, such as:

 

Dear Darth Powell

 

I refer to your letter dated (date), the content of which is noted. I do not acknowledge any debt to you. All communication in this matter must be in writing.

 

Contrary to the untrue statement in your letter, on (date) I sent you a formal request pursuant to s.78(1) of the Consumer Credit Act 1974, receipt of which was signed for at your offices on (date). You have failed to comply within the time limit defined in the legislation, or at all. You will be aware that whilst you are in default of my request, s.78(6) applies. Until you remedy the default, you may not demand payment, nor may you take any enforcement action. For the avoidance of any doubt, I consider that whilst you remain in default the account is disputed, and your attention is drawn to your obligations under the OFT Guidance on Debt Collection in these circumstances, and your third party liability in respect of any company employed by you in this matter.

 

In relation to my request that you and/or your agents stop telephoning me, I reiterate that I require you not only to cease all telephone communication, but also to remove any numbers you have for me from your files, and those of any third party, and to confirm that you have done so. Harassment may be defined as any behaviour which is unacceptable to the recipient and which creates an intimidating or hostile environment, and I confirm that your activity to date amounts to harassment in my perception.

 

Until you remedy your default under my s.78(1) request by full and proper compliance, no further correspondence will be entered into. Any further harassment will be reported to the appropriate regulatory agency.

 

Yours etc.

[greatburdon]

Many thanks for your post Scarlet. Much appreciated.

 

greatburdon

[greatburdon]

Wrote to Abbey as above. Still not received Agreement and have complained.

 

This arrived in the post today:

 

http://i597.photobucket.com/albums/tt51/greatburdon/abbey.jpg

 

I know this is a standard letter churned out to suit them despite all the letters I have sent which are conveniently being ignored.

 

The 'threats' are all in bold type in the letter and if I do not comply "POTENTIAL COMMENCEMENT OF LEGAL PROCEEDINGS" and we may recommend that our solicitors blah blah...

 

I am considering how to respond to this threat, any advise would be welcome.

 

greatburdon

[shinobi101]

If you've complained to anyone outside of Abbey, e.g. OFT then I would get a photocopy or scan & print and forward the threat as part of your complaint. i.e. you are being harrassed/threatened when there is a clear dispute on the account.

[greatburdon]

Just received a call from MBNA. Was ready to blast them for ringing when they have had the harassment letter re my CCA request but she quickly went on to try and explain that they could 'help' with a consolidation loan using First Union (I think).

 

As I have an issue with my Abbey card (MBNA) I was interested to hear her initial approach.

 

I stopped her and explained that I would not discuss financial matters over the phone and could she put in writing the matters she wished to discuss. She agreed, so will see what ,if anything, arrives.

 

Has anyone else had a similar experience?

 

greatburdon

[ScarletPimpernel]

Oh dear - encouraging a debtor to take on further credit is against the OFT Guidance, though MBNA often do it. Don't be surprised to receive 'pre-approved' card and loan offers from various companies that will all ultimately resolve to MBNA.

[greatburdon]

Thanks ScarletP...Can't wait for all the juicy offers, looks like more stuff for the regulators to have a look at.:grin:

 

greatburdon

[scrible]

greatburdon - so as you don't feel alone I received exactly the same letter as you, dated (yes you guessed) 17th June 2009 !! From - Martin Supple. Seems like that was the threat of the day for the 17th June!! I, like you, am considering how to respond, however I did call them last night at 1820 only to receive the following answer 'I'm sorry there is nobody available to take your call - please call back in office hours' despite the fact the letter clearly states 'Our specialists are available to assist you on 0800 389 9003 Monday to Thursday 9am to 9pm.........'

[greatburdon]

Hi Scrible hopefully we can batter them together.

 

I may ring one of their 'specialists' today just to waste their time as I wont be giving any personal details it will just be a general enquiry.

 

greatburdon

[greatburdon]

Well I found that interesting:eek:

 

Rang Abbey to speak with Gail Powell (not sure if shes a real person) spoke to someone on the free phone number who asked the usual security questions which I refused to answer. He then said my name and referenced an account ending in the last 4 numbers and asked me to confirm security. I asked how he had got a name and did he realise it may be incorrect and he should not be talking about anyones account!

 

Obvo it was me and they had managed to trace my details through my telephone number.(I assume)

 

So I suppose the moral is be careful out there, big brother is definately watching!!

 

greatburdon

Edited June 24, 2009 by greatburdon

[scrible]

greatburdon

spoke with abbey - they rang me - they didnt even ask me to confirm any security details, they just dived right in ....... if I paid they one months minimum payment by debit card immediately then all my problems would go away...... my credit file would be fine...... and my valued custom with them would be restored. I advised the gentleman that their calls and letters were harrassment, that I was in communication with their company by letter and any communication must continue by letter only, that if I received any further calls I would be reporting them to the OFT and Fin Ombudsman (I have been receiving approx 6 calls a day - normally at a time when I cant speak to them). The gentleman (Neil) said the calls would continue for at least 2 weeks if I was writing to them - he didnt really have a comeback to my statement that I had written to them in April. I told him I was now terminating the call and not to call again. We will wait to see what tomorrow brings!

[4Star]

i've also had 2 letters from Gail Powell, with 2 different titles (one of which was Vice President), but she works for MBNA ....... ?

 

do MBNA also do abbey's credit cards ?

[woody1066]

i've also had 2 letters from Gail Powell, with 2 different titles (one of which was Vice President), but she works for MBNA ....... ?

 

do MBNA also do abbey's credit cards ?

 

Indeed they do!

[greatburdon]

Received a letter from Gail Powell dated 26 June received 10 July (postmarked 9 July) ... Do they just sit on them? Her letter:-

 

http://i597.photobucket.com/albums/tt51/greatburdon/ABBEY.jpg

http://i597.photobucket.com/albums/tt51/greatburdon/ABBEYCont.jpg

 

I sent a CPR request on 6 July so this is not in response to that. Included with the letter is the Credit Card Application form signed. Can someone please advise if this is a compliant Credit Card Agreement that is executable, I assume as it is just the application form with no signature from the company it does not. There was also a seperate sheet containing what would appear to be current conditions.

 

http://i597.photobucket.com/albums/tt51/greatburdon/MBNAfront.jpg

http://i597.photobucket.com/albums/tt51/greatburdon/MBNABack.jpg

 

In her letter she claims that all recordings of phone conversations must be identified to them at the beginning of a call, this is not my understanding. Can someone please clarify this point, not that I will be talking to them on the phone.

 

 

greatburdon

Edited July 10, 2009 by greatburdon

[greatburdon]

Bump

 

The more I look around the site, the more enforceable this 'application form' becomes!

 

On the others that I have seen posted there seems to be a Company date stamp and a sig. which mine hasn't.

 

Obvo' need help!!

 

greatburdon

[cerberusalert]

If they are front & back of the same document then indeed it would be enforceable. However is it? Why would they only print on one third of the reverse & waste all that space?

[greatburdon]

True cerber it could well be be a separate doc. just tagged on to look like the back.

 

I have CPR'd them so presumably they should volunteer the doc. that would be produced in court.

 

Posted the same docs. on MBNA thread and sunflower had this opinion:

 

No prescribed terms on front application form! and any betting that that tiny litle slip of paper containing terms they are trying to imply is part of your cca is a seperate documnet and very unlikely to be on reverse of or attached to your signed application form ,Though obviously can never be sure 100% unless it went to court ,But a 2001 not very likely to be enforceable at all and as it is a pre 2007 agreement the second document would have to be on reverse or physically attached to front application form for it to be legally enforceable! I dont think personally that a squat little bit of paper like that would be actually on reverse of that full size application form!

and a good chance it not part of the front of application form either! I am in same boat as you that MBNA sent me a application and a page of ts and cs f implying but not actually saying that the second page is on reverse of my appplication form.Also if it is a 2001 very good chance they shreeded the agreement and that is a microfilch copy! which if that be the case will cause them problems in court if they ever initiate legal action as they can be compeeled to bring original to court:grin: Lots of people on Cag with MBNA ccas taken out that year finding that their agreements very likely legally unenforceable !

 

She also very kindly suggested a response which I may send them.

 

greatburdon

Edited July 11, 2009 by greatburdon