MBNA or DCA Advice

[blueotter]

Well my account was in dispute and it didn't stop them levying interest or charges and its particularly sneaky of them to default the account on the same day they sent out the cca. For all the good it is they may as well have sent a jam sponge instead.

 

My local MP is a particularly good one and i've seen the work he does at first hand so i think he'll take up the cudgel for me but for the time being i may as well sit back and wait to see what happens.

 

We live in crazy lawless times with banks and i have defaults outstanding on 2 amex cards since march and they're both defective.The accounts were sent to a dca who threatened all kinds of action so i cca'd them.Amex have found an app form for one and not sent anything for the other.So i'm waiting on them as well now and trying my best to brush up on all the techical jargon with help from people on here.

[Undercover-Elsa]

Hi Blueotter,

 

For all the good it is they may as well have sent a jam sponge instead.

That did make me laugh

Makes you think though...

Dear Sir ,

We are not obliged to send you a SIGNED copy of your Credit Agreement in response to a CCA Request, however the OFT has decreed that we MAY send you a jam sponge, as we ALWAYS buy a jam sponge for our teabreak whenever we complete a credit agreement, and WILL have done so when your agreement was taken out.

The fact that we have eaten our jam sponge is undeniable proof in Court that a Credit Agreement exists between us.

Yours,

Merchant Bankers

 

Elsa x

[oxfordkaty]

Hi,

I've started a new thread for you,no offence but i'd just like to keep this one for my battle with mbna which i fear will ultimately end up with court action.

 

 

Sorry. Good luck with your battle:)

[blueotter]

Mods,

I think this thread probably should be moved to the MBNA forum,can that be arranged please.

[supasnooper]

Thread moved to MBNA forum as requested.

[vint1954]

Well my account was in dispute and it didn't stop them levying interest or charges and its particularly sneaky of them to default the account on the same day they sent out the cca. For all the good it is they may as well have sent a jam sponge instead.

 

My local MP is a particularly good one and i've seen the work he does at first hand so i think he'll take up the cudgel for me but for the time being i may as well sit back and wait to see what happens.

 

We live in crazy lawless times with banks and i have defaults outstanding on 2 amex cards since march and they're both defective.The accounts were sent to a dca who threatened all kinds of action so i cca'd them.Amex have found an app form for one and not sent anything for the other.So i'm waiting on them as well now and trying my best to brush up on all the techical jargon with help from people on here.

It is not in their interests to take notice of your letters. They just follow the process.

[sunflower99]

Hi Blueotter

Subbing to your thread with interest ,Yes it is strange how some people get left alone or account just sold on to another bank and yet others MBNA pursues to the bitter end.! and set either Restons or optima on them (these are the soliciters they use to do all their dirty work) I think sometims if a person owns property that will prompt them to chase you more as they try and get a ccj and then a charging order i believe:mad:

[vint1954]

The Optima letters start from MBNA desks, typed, printed and sent by them. Must be misrepresentation to imply that they have come from a solicitor. Letters from Optima/MBNA probably come from Phil Robinson.

[sunflower99]

The Optima letters start from MBNA desks, typed, printed and sent by them. Must be misrepresentation to imply that they have come from a solicitor. Letters from Optima/MBNA probably come from Phil Robinson.

Hi Vint

Did not realise that optima was really MBNA! Learnt something new! I wonder why optima does not deal with all us MBNA deliquints! and why some people get Restons set on them instead?

[vint1954]

Optima may not be part of MBNA, but the first letters come from MBNA. If you look on the envelope, the return address is same as MBNA in Chester. The first letter usually says, do not respond to us ( Optima) but to deptxxxx in Chester. But I responded to Optima just to be awkward. Heard no more.

[Mydogsawestie]

Optima may not be part of MBNA, but the first letters come from MBNA. If you look on the envelope, the return address is same as MBNA in Chester. The first letter usually says, do not respond to us ( Optima) but to deptxxxx in Chester. But I responded to Optima just to be awkward. Heard no more.

 

 

Debt Clear Recoveries is another part of MBNA where apparently sit together! DCR have a phone no in Manchester which re-direct it to Chester I believe, DCR also have a PO Box address in Manchester (just to confuse us all!)

[blueotter]

UPDATE

 

Received a letter from capquest today telling me mbna have sold them one of my accounts.

 

This despite the fact the account was in dispute and hadn't been terminated following issue of a defective default notice.

In fact i've received nothing from mbna telling me what they've done.

 

Also that shower at capquest have rung my gran asking questions,she's 87 years old and x directory. Just what kind of company am i dealing with here !

 

I need a plan of attack so advise welcome please.

 

Should i write to mbna asking exactly what's going on and pointing out that the account was in dispute and i've not received a termination letter or anything since they issued the deafult notice.

 

Should i write to capquest and tell them to return the disputed account to mbna ?

 

I also want to do something about them ringing my gran which is just reprehensible but short of losing it completely i don't know what to do .

 

advice welcome please so i can formulate a plan of action,thank you.

[Mydogsawestie]

Sorry to read about your poor gran getting calls, these companies have no morals. They are trying to make what few pence in the pound they can get for the debt and let somebody else have the hassle of hounding you for it.

 

Copied from another thread......

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I read somewhere that there is actually nothing anywhere that states in the above that they shouldn't do it according to OFT guidelines, but that this wont stop them unfortunately. Its only enforcement via a court that they can't do it!!

 

Guess its up to Capquest now who has to provide you with all the eligibility of it now, so when they write to you (after all its in dispute) write back then with the acct in dispute letter advising them the acct is subj to a serious dispute and the date you pursued the CCA etc...

 

[sunflower99]

capquest can be very persistant but going by other threads and experiences normally can be seen of eventually by a number of account in dispute letters but you do need to show them you are fully aware of your rights and some people have had them on their backs for quite a few months before they give up A lot of people in crapital one disputes have had

these plonkers set on them!

Edited October 14, 2009 by sunflower99

[sunflower99]

Dear xxxxx

 

Your Ref xxxxxx

 

I do not acknowledge any debt to your company or to any company you claim to represent.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxx (name of company) on xx/xx/xx. Since they are now in serious fault of a legal request, I can only assume that xxxxxxx have either failed to inform you before supplying instructions to contact me or, have failed to inform you you before your purchase of this account; in which case, they would not be your clients in the sense that you imply. I therefore suggest that you liase with xxxxxxx before contacting me again.

 

In the meantime, please be aware that no action can be taken against a disputed account and this includes the following :

 

You/your "client" may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

You/your "client may not add any further interest or charges to the account.

 

You/your client may not pass the account to any third party.

 

You/your "client" may not register any information in respect of the account with any of the credit reference agencies.

 

You/your "client" may not issue a default notice related to the account.

 

In addition, please be awre that your recent telephone calls (delete if N/A) and letter to my home could, under the Administration of Justice Act 1970 section 40, be construed as unlawful harrassment in the absence of such an Agreement. As you claim in your letter to have been "instructed" by xxxxxxx, please note that any court claim regarding harrassment would be brought against both xxxxxxx and yourselves should this be necessary; since you would be complicit in this action (delete if N/A).

 

You may therefore consider this letter a statutory notice under Section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect. This means that you must remove all information regarding this account from your own internal records and from any records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a legal right; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I look forward to a favourable response within 14 days of the date of this letter, informing me that on this occasion you have made a genuine mistake and that you files are now closed. Failure to respond favourably however, will result in me reporting this matter to Trading Standards, Office of Fair Trading, The Financial Crimes Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your reply in due course.

 

Yours faithfully,

[sunflower99]

I used the above letter to see Wescotts off!

[vint1954]

You also need to include that it is strictly against OFT guidelines and DPA to contact a third party ( Your gran ) and as a lady of 87 years old, it has deeply distressed her. Demand to know how they got her phone number and why they called her.

 

Also complain to TS, OFT, ICO. PLus your MP.

[blueotter]

Thank you people,i will draft a letter and fire it off,i'm particularly upset that they've contacted and had the temerity to ask questions of my gran.

 

On the same subject does anybody feel i have additional grounds as mbna haven't terminated the account following issue of that defective default letter ?

[vint1954]

Thank you people,i will draft a letter and fire it off,i'm particularly upset that they've contacted and had the temerity to ask questions of my gran.

 

On the same subject does anybody feel i have additional grounds as mbna haven't terminated the account following issue of that defective default letter ?

You need to make them pay for that. Do you know how they had her number in the first palce?

 

MBNA do not tend to issue Termination Notices, although they need to. Just another example of how they ignore the law. You can take it as terminated if they have sold the account, or later gone on to demand the ballance in full. The sale of the account needs to be absolute.

 

Also, without a notice of assignment from MBNA, you should not even debate the issue with any third party. If I sent you a letter saying that I had purchaced your debt from MBNA, would you pay me? You need to respond to them along those lines.

 

There are regulations surrounding these matters and the more they ignore them, the more they foul up.

[the_shadow]

You need to make them pay for that. Do you know how they had her number in the first palce?

 

MBNA routinely harvest any number that phones them so it could be the OP phoned them from that number at some point?

 

S.

[vint1954]

MBNA routinely harvest any number that phones them so it could be the OP phoned them from that number at some point?

 

S.

A possibility.

[blueotter]

You need to make them pay for that. Do you know how they had her number in the first palce?

 

MBNA do not tend to issue Termination Notices, although they need to. Just another example of how they ignore the law. You can take it as terminated if they have sold the account, or later gone on to demand the ballance in full. The sale of the account needs to be absolute.

 

Also, without a notice of assignment from MBNA, you should not even debate the issue with any third party. If I sent you a letter saying that I had purchaced your debt from MBNA, would you pay me? You need to respond to them along those lines.

 

There are regulations surrounding these matters and the more they ignore them, the more they foul up.

 

 

Cheers vinnt,so the line of attack is to

a) write to capquest telling them account is in default

b) write to mbna asking for a letter of assignment ?

 

I take it i don't want mbna to take the acc back or will that happen anyway if capquest decide they don't want it ?

 

final point ,regards them ringing my gran. I have never rung anybody let alone a bank or dca from her number and she's x directory so they've got it from somewhere.

She's never used the internet and never to my knowledge has ner number been used on the internet.

Somebody somewhere is getting phone numbers direct from bt,that's my guess and also collecting a lot more information that we realise.

[the_shadow]

final point ,regards them ringing my gran. I have never rung anybody let alone a bank or dca from her number and she's x directory so they've got it from somewhere.

She's never used the internet and never to my knowledge has ner number been used on the internet.

Somebody somewhere is getting phone numbers direct from bt,that's my guess and also collecting a lot more information that we realise.

 

Hmm if it were me then I would write to them and demand that they explain how they got that number as you have never lived there, never rung from there and have never given that number as a contact. Inform them that its your gran that lives there and that complaints are being made to the OFT / your MP / Your Grans MP (if different constituency).

 

Demand not ask that they remove that number from their database's and advise that if anyone from their company rings again you will not only issue court proceedings but you will contact every single press organization/company in the uk if you have to to report the harassment of relatives when the original company involved has not complied with the legal requirements of the CCA1974.

 

S.

[vint1954]

Cheers vinnt,so the line of attack is to

a) write to capquest telling them account is in default

 

Yes, you can adapt the bemused letter below.

Ref Account xxxxxxxxxxxxxxxxxxxxxxx

Dear xxxxxxxxx,

 

I was somewhat bemused to receive your letter of xxxxxxxxx 2009, the content of which is noted. No debt to your company is acknowledged.

 

On xxxxxxxxxx 2009 I made a formal request to MBNA pursuant to s.78(1) of the Consumer Credit Act 1974. MBNA have failed to comply satisfactorily within the statutory time limit, or at all. In addition, this alleged account was placed in dispute with MBNA on the xxxxxxxxx 2009. It should not be necessary to have to remind you that the provisions of s.78(6) now apply. These letters are enclosed.

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection and your attention is drawn to this guidance document.

Your attention is also drawn the ICO on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to MBNA under s10 of this act. You may wish to refresh yourselves of the implications of ignoring the Data Protection Act.

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be considered vexatious and unlawful. The Court's attention will drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

I would remind you that while this alleged account remains in dispute, that MBNA:

• May not ask for payment against this account.
  
• I am not obliged to offer any payment against this account.
  
• Cannot register any data with a third party.
  
• Cannot take any enforcement action, including registering Defaults.
  
• Cannot pass the account on to a third party for collection.
  
• Cannot sell the account.
  

I trust this out lines the situation and that you will take note of my comments, to avoid any further breaches of the Law, being committed by you.

 

 

 

b) write to mbna asking for a letter of assignment ?

 

I would write telling them that they are in breach of the regulations, in attempting to sell an account that is in dispute and without supplying you with a notice of assignment. Would they like all of their customers to start paying Tom, Dick or Harry that write to them, instead of MBNA

 

I take it i don't want mbna to take the acc back or will that happen anyway if capquest decide they don't want it ?

 

final point ,regards them ringing my gran. I have never rung anybody let alone a bank or dca from her number and she's x directory so they've got it from somewhere.

She's never used the internet and never to my knowledge has ner number been used on the internet.

Somebody somewhere is getting phone numbers direct from bt,that's my guess and also collecting a lot more information that we realise.

 

Can't add to the advice already given by Shaddow, but do follow it through.

[blueotter]

i will ,many thanks for the sterling input again.

Will report back any findings and i'll try and scan the capquest letter as well