angmarie v MBNA

[angmarie]

MBNA increased the interest rate on my hubby card about 14 months ago, surely they should inform customers of the increase but it almost doubled. I am contesting interest and charges (but am not really sure wat im doing) we have written and asked for last 18 months statements informing them of our concern regarding interest and fee's so we will wait to see what sort of response we get. Also can u only apply for refund if you are persueing a hardship application cause we are not.

What are the chances of them refunding part or all charges just on the strength of our letter.

[mauricetura]

You could try researching the TCF guidelines of the FSA

It may be the case you can object that the product has changed in a way that you were not expecting it to - that you feel mislead in how the terms would change.

[angmarie]

Hi, Thank you for your reply, They have responded by letter and said they will consider reduced one off payment but we cant manage that at the moment they will consider lower payments and reducing or hopefully freezing interest untill we are able to manage account properly again.

Only they did not mention refunding all the interest we have already payed them in last 14 months.

I will take up your advice tho is always good if you can look like you know what you are talking about.

 

Many Thanks

[angmarie]

well i have requested last 18 months statements they were none to happy to oblige, although i spoke on hubby's behalf and firmly told them we are entitled to have copies also we have requested CCA and told them to respond in writing if they need to contact us. Nothing in post yet but i jotted down relevant legal phrases relevant to our claim and they soon cough and seem unsettled. They have not stopped phoning us but we just ignore their calls. We are still making payments though, im not that brave (yet). This is what annoys me we are making an effort t make payments but they are really trying it on. They did say in the beginning they would only send out data when we completed income/expenditure forms and they would help us sort all our creditors out but we declined. Im worried that they will slap a default on the account whilst we wait for this info even though we still making regular payments.

[maroondevo52]

Hi, angmarie.

 

I'm going to move your posts to start a new thread for you.

 

Why are you only going back 18 months with your charges claim ?

 

Regards.

 

Scott.

Edited June 23, 2009 by maroondevo52

[angmarie]

Hi Scott, thanks for your time i struggled to get any they really playing me up, and in the end i felt that to get 18 months i had done well. They tried to charge me £3.00 per statement telling me that i should have kept all previous statements im really new to this site but have learnt so much in one week and still reading and learning, and thanks to ppl like you i am now armed with better knowledge but 18 months is all they prepared to give me.

[maroondevo52]

Hi,

 

Have you sent them a Subject Access Request yet ?

 

Regards.

 

Scpott.

[angmarie]

They received my request last week, then ignored my request to only reply in writing but hay hoo not sure how many customer assistance staff can actually read but they said they would deffo only give me 18 months of statements. Card was taken out in 2000 but they say they cant give me all of them. I have letter requesting CCA ready to post recorded delivery but have read few scary comments today about they turn real nasty. Dont want hubby to get default so am going to have think about it. Although we both sure he never signed anything, other than possible application slip through post. Whats your advice please.

 

Ang

[SB100]

Hi Ang, you only really have two options; carry on paying, or stand up to them and risk adverse data on your credit file- its your call.

 

They will not reduce the interest rate, however unfair it may be- and they won't refund anything you've paid unless forced to do so, but thats a long and windy road and will result in late payment markers and porobably a default. You need to be sure before you do that.

 

They've already done pretty much all they can do by jacking up your interest rates. My inclination would be to send a subject access request to MBNA so you can see exactly what they have. Then you can make an informed judgement on the best way forward.

 

In the meantime, I think you mentioned on my thread that you have the alleged CCA? Can you post it on here so we can have a look?

[bobnjack]

subbing...........

[angmarie]

Hi SB

 

I will try to post the 1st cca I requested but it is real bad copy and when posted on another link ppl could not really read it. It is basically app form, signed and some rubbish t/c on seperate sheet. Dont think its enforceable but ive decided because of small balance to reclaim charges rather than challenge agreement. The response for cca on 2nd larger balance is that I have it in writing they cant provide cca for this account.

So I have written putting account in dispute, and also asking them to confirm this one final time.

I do have couple of queries regarding the "we cant supply cca"

would we be able to reclaim charges or interest or payments if account is unenforceable by their own admission:confused:.

Or is it as simple as they will clear balance and thats the end of that:D.

Im just wondering if I should have SAR instead of cca for this account as the charges may be more than Balance. Sorry if im not making any sense.

 

Any comments?

 

 

Ang

[angmarie]

Hi SB

 

Here are the cca and t/c i received regarding 1st account.

 

Let me know your view please.

 

 

 

 

 

 

 

 

Ang

Edited August 24, 2009 by angmarie

[angmarie]

Hi SB

 

Loaded up agreement on photobucket edited to remove personnel details but when uploaded on here still shows personnel details so dont know how to post up on here, sorry.

 

 

Ang

[angmarie]

Hi SB

 

Spent all day figuring out best way to post up on here, I think you may be able to see agreement and terms, please can you or anyone else let me know if you can see it alright.

 

Many Thanks

 

 

Ang

[maroondevo52]

Hi, Ang.

 

The 3 scans all look the same to me ?

 

Regards.

 

Scott.

[angmarie]

Hi Maroon

 

Dont understand what im doing wrong, have read up on photobucket.

I scanned documents cca and t/c onto my pictures on my comp.

Then uploaded from my pics to photobucket clicked on doc, share, post to website, highlight link, copy and paste. But not working for me maybe im missing something.

I have windows xp on my comp, can anyone please help me with suggestions of how i can post docs up on here, im really running out of time and have to make a decision of what to do next by end of week.

Many thanks to anyone who can help

 

 

Ang:mad:

[maroondevo52]

Hi, Ang.

 

I'll see if I can get someone to help.

 

Regards.

 

Scott.

[angmarie]

Hi all

 

Hope this is better, sorry if not. Ang

 

 

[angmarie]

Maroon

 

Thank you so much, I have tried again and I can see agreement and t/c when I click on links so really praying that you can as well.

 

 

Ang

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

[cerberusalert]

We can see the T&Cs but not the agreement itself.

 

 

.

[angmarie]

 

 

Hi all, thanks for your help is this better.

 

 

Ang

[cerberusalert]

Those do not form the same document. The clue is in the T&Cs it refers to condition 15 in condition 12. There is no condition 15 within the documents.

 

Send the muppets this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[angmarie]

Cerberusalert

 

Thank you for looking at this for me, and thanks to all who helped me post agreement up.

 

 

Ang

[maroondevo52]

Cerberusalert

 

Thank you for looking at this for me, and thanks to all who helped me post agreement up.

 

 

Ang

 

Only took a few hours