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willow1261

MBNA How low can they go?!!!

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Hi everyone.

 

I have been helping my friend to fight MBNA for the last few months now. She has 4 credit cards with them dating from 1999 onwards. They sent all 4 accounts to Restons who filed in court against her even though they were in dispute at the time.

She got 3 application forms back from her CCA letter and one they advised they couldnt find. They also sent her made up default letters on blank paper ( no letter heads).

I put together a defence for her for each account and she sent them back to court. At the beginning of June the court wrote to her confirming receipt of defences and giving Restons 28 days to reply to them.

However this week she has received from MBNA new credit statements transfering the balances of all 4 credit cards onto new accounts with new numbers. They have also added on each account 2 x legal and court costs. ( not just the normal costs but twice the amounts!!)

Restons have not been in touch to say court action has been discontinued, and MBNA have not mentioned it in their covering letters with these new statements, which read like a welcoming letter for a new account.

What is going on?

Does anyone else have experience of this. Do the court cases still stand? Can MBNA do this?

It reads to me that they have reclaimed the accounts but why change all the account numbers? If they were unenforceable before they definately are now as she has not signed any new agreements.

Does anyone have any ideas what her next move should be, as I have no idea now what to advise her to do. HELP!!! !

 

Thanks

Willow X

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Subbing


Train hard...Fight easy

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Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Well done on fighting this for your friend. MBNA think they can write their own rules but will find they can't - did your friend have original default notices on these accounts, have you made sure they have given the correct time to remedy i.e. 14 days plus allowing for postage, also if these are the only default notices, they will not stand up without the original creditor's name and address. They love changing the account numbers, they say it is due to system update or charge off. Just keep all the evidence for court and if you don't get a copy of their defence by the required time, phone the court to advise them of this and as they say join the happy band of MBNA haters!

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Already joined miss muppet, i consider it my duty to help anyone with problems with MBNA!! They were vile to me over a period of about 6 months. In the end they sold my account to equidebt which was so much easier than this senario. I CCa'd them over 18 months ago and still waiting!!!

 

willow X:lol:

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Hi Willow that sounds like excellent news, thats what happened in my case, they had nothing but still went to court and got a bloody nose!:D

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Hi everyone.

 

However this week she has received from MBNA new credit statements transfering the balances of all 4 credit cards onto new accounts with new numbers. They have also added on each account 2 x legal and court costs. ( not just the normal costs but twice the amounts!!)

 

It reads to me that they have reclaimed the accounts but why change all the account numbers? If they were unenforceable before they definately are now as she has not signed any new agreements.

Does anyone have any ideas what her next move should be, as I have no idea now what to advise her to do. HELP!!! !

 

Call me paranoid if you want to, but I see a possible plan from MBNA here!:eek:

 

They have 4 unenforceable CCA 1974 accounts that they were about to take a kicking over.

They then open 2 CCA 2006 accounts and transfer the balances.

The CCA 2006 accounts might be enforceable without a signature if it looks as though the debtor has used them.

 

I would be writing to MBNA to tell them that I had received statements for 2 accounts that I did not recognise and to let me know what was going on. I certainly wouldn't be making any offer of payment on them because of my paranoia.

 

But I would also be waiting to see what others thought!

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Call me paranoid if you want to, but I see a possible plan from MBNA here!:eek:

 

They have 4 unenforceable CCA 1974 accounts that they were about to take a kicking over.

They then open 2 CCA 2006 accounts and transfer the balances.

The CCA 2006 accounts might be enforceable without a signature if it looks as though the debtor has used them.

 

They cant blindly commit you to a CCA2006 agreement on a new account, the CCA is not binding unless signed by both parties.

 

If the CCA agreements are unenforceable then they remain that way no matter what the lender/creditor does.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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They cant blindly commit you to a CCA2006 agreement on a new account, the CCA is not binding unless signed by both parties.

 

If the CCA agreements are unenforceable then they remain that way no matter what the lender/creditor does.

 

S.

I thought that was one of the major differences between CCA1974 & 2006

 

If the creditor couldn't produce the CCA then a judge would look at the way the account had been conducted to determine the validity of the debt.

 

So if a debtor consolidated CCA 1974 debts into a new CCA 2006 agreement, they would have lost the protection given by CCA 1974.

If the creditor could show that the account was opened & the debtor made regular payments, but couldn't locate the agreement, they might still get a judgement.

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I thought that was one of the major differences between CCA1974 & 2006

 

If the creditor couldn't produce the CCA then a judge would look at the way the account had been conducted to determine the validity of the debt.

 

So if a debtor consolidated CCA 1974 debts into a new CCA 2006 agreement, they would have lost the protection given by CCA 1974.

If the creditor could show that the account was opened & the debtor made regular payments, but couldn't locate the agreement, they might still get a judgement.

 

I think you may be confusing things here... there are no CCA1974 agreements or CCA2006 agreements as far as I'm aware... there is A agreement...

 

This is governed by the CCA1974 cos none of the lenders currently issue agreements governed by the CCA2006.

 

Agreements entered into after April 2007 I believe are also governed by amendments to the CCA1974 which came in the CCA2006 namely the loss of prescribed terms being a problem and no agreement.

 

Accounts opened after that date are deemed enforceable by default due to this.

 

So if they open a new account and yet you have the paperwork to show the old agreement details or the CRA still shows the account opened in xxxx instead of post April 2007 they will be committing fraud in my opinion.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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The new account numbers are probably due to the fact that the sums have been charged off for tax purposes. That is pretty standard. As Shadow has correctly stated, there is only one agreement (or 4 in this case!) and if it was entered into prior to 6 April 2007 then it will be governed by CCA74.

 

I don't believe they should be adding on the court costs to the statement (or doubling them for that matter) as costs are for the Judge to award and not MBNA. However, it might help your case if they serve papers and claim incorrect amounts due to this.


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I don't believe they should be adding on the court costs to the statement (or doubling them for that matter) as costs are for the Judge to award and not MBNA. However, it might help your case if they serve papers and claim incorrect amounts due to this.

 

Yep. 1st instinct would be to send copies of the papers to the court, however it could well be an idea to let them hang themselves.

 

David

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I think the best plan of action is to hold tight for now and see if we hear back from Restons. Maybe they have passed the accounts back to MBNA as they knew they had no chance to win!

It just throws me that they have come back with new credit card numbers set out in normal statement form. One of the minium payments on one account is over £900.!!

As far as we are concerned this is still ongoing through the court system.

She sent them the harrasment letter a few months ago and that did the trick after a week or so after it was sent, now she is getting lots of withheld calls again throughout the day starting when she got these new statements.. She doesnt take with held calls anymore, so cant say for sure its MBNA.

Coincidence?? I doubt it!!

 

Willow x

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