Cloggy v MBNA - threat of selling debt in dispuute

[cloggy]

Hi All,

 

For months now I have been trying to sort MBNA who say that my PPI is not operational.

After a lot of argument back and forth I finally received a copy of my application form showing PPI was requested. They have refused to make any payments under PPI saying its non operational on my account.

 

I cannot afford to make monthly payments as I am not earning.

 

I have told them this and thats why PPI was requested, to cover such an eventuality.

 

I had a call from one of their operatives offering me a settlement figure of about 40% of debt & suggesting I borrowed the money from a family member or elsewhere to pay them and stop them getting DCA involved. They said they are bound by AMERICAN LAW and thats the way they do things!

 

I declined the offer and wrote to them saying to suggest this was illegal and the account is still in dispute until we resolve the PPI issue.

 

They wrote back saying as far as we are concerned it is settled, pay up or else.

 

MBNA have not been taking additional payments for this PPI for some years although they did initially do so. I have no idea why it stopped but assumed that the interest rate charged - higher than other CC's - was covering PPI. MBNA ignores the PPI issue saying they do not belive I am covered even though they admit I have not cancelled it.

They can prove I asked for it but not that its been cancelled.

 

Anyway, I am now in discussion with a manager there who says if I pay them £360 by Monday evening (29th June) they will take a settlement figure of about 30% from me and not sell the debt to a DCA.

 

If I dont pay them the £360 they will sell the debt on Tuesday as time has run out.

 

As I feel that the account is still in dispute can they do this?

 

Any advice or similar experiences please?

 

Cloggy.

[jobmid]

Well MBNA's treat monkeys love to say they are bound by american law which if they were they would be in even more trouble with the law than they are here. They are bound by english law as they are based in chester.

 

Could you post a copy of the cca you recived with your personal details removed as there is a chance the it might be not enforcable. Do not deal with them over the phone send the template letter that says all dealings should be in written format only as they are harassing you over the phone.

 

Also request in writing for a final letter with regards to the ppi so you can take your case to the fsa. Good luck and if you need any help let me know.

[cloggy]

Hi Jobmid,

 

The info received from them is just a copy of a signed and dated application form.

They have stamped it and a signature of sorts is over the stamp - this may just be a recived or an application approved stamp as opposed to anything else!

I have not seen a CCA at all, but the form does shwo that I asked for PPI & communications with them have also confirmed this.

 

I queried the USA Versus UK law and said as you are here in the UK you are bound by UK Law and the response was, well we are bound by and operate under both UK and USA Laws..........I thought bo****ks to that one, UK law prevails in the UK.

 

They are just trying to hide behind & confuse us with this American twaddle.

 

I have fired off al the usual CAG templates to them including write to me dont call me letter.

I have formally complained about two of their people offering me "pay us less now and borrow the money elsewhere deals" but so far the person to whom the last complaint was sent has not replied.

This of course may be because they know they are in the wrong and so they are trying a different approach to me.

 

All I have had is a letter that regretfully, calls are not all recirded so it is impossible to confirm the complaint...........yeah right, i'm stupid enough to swallow that one!

Shame they only record calls that they might find useful, any others are wiped, sorry not recorded.

 

Cloggy.

[Fred Bassett]

Hi Jobmid,

 

The info received from them is just a copy of a signed and dated application form.

They have stamped it and a signature of sorts is over the stamp - this may just be a recived or an application approved stamp as opposed to anything else!

I have not seen a CCA at all, but the form does shwo that I asked for PPI & communications with them have also confirmed this.

 

I queried the USA Versus UK law and said as you are here in the UK you are bound by UK Law and the response was, well we are bound by and operate under both UK and USA Laws..........I thought bo****ks to that one, UK law prevails in the UK.

 

They are just trying to hide behind & confuse us with this American twaddle.

 

I have fired off al the usual CAG templates to them including write to me dont call me letter.

I have formally complained about two of their people offering me "pay us less now and borrow the money elsewhere deals" but so far the person to whom the last complaint was sent has not replied.

This of course may be because they know they are in the wrong and so they are trying a different approach to me.

 

All I have had is a letter that regretfully, calls are not all recirded so it is impossible to confirm the complaint...........yeah right, i'm stupid enough to swallow that one!

Shame they only record calls that they might find useful, any others are wiped, sorry not recorded.

 

Cloggy.

 

Cloggy,

 

If they're offering you that kind of discount then it's a pound to a pinch of dung that they haven't got an enforceable agreement. I would get that CCA request in the post pronto.

 

Regards.

 

Fred

[jobmid]

Hi Jobmid,

 

The info received from them is just a copy of a signed and dated application form.

They have stamped it and a signature of sorts is over the stamp - this may just be a recived or an application approved stamp as opposed to anything else!

I have not seen a CCA at all, but the form does shwo that I asked for PPI & communications with them have also confirmed this.

 

I queried the USA Versus UK law and said as you are here in the UK you are bound by UK Law and the response was, well we are bound by and operate under both UK and USA Laws..........I thought bo****ks to that one, UK law prevails in the UK.

 

They are just trying to hide behind & confuse us with this American twaddle.

 

I have fired off al the usual CAG templates to them including write to me dont call me letter.

I have formally complained about two of their people offering me "pay us less now and borrow the money elsewhere deals" but so far the person to whom the last complaint was sent has not replied.

This of course may be because they know they are in the wrong and so they are trying a different approach to me.

 

All I have had is a letter that regretfully, calls are not all recirded so it is impossible to confirm the complaint...........yeah right, i'm stupid enough to swallow that one!

Shame they only record calls that they might find useful, any others are wiped, sorry not recorded.

 

Cloggy.

they are talking drivle as usual. i think its time you start recording your calls and if they call do not answer any of thier security questions. They are only bound by UK law as they have been issued a credit licence in the UK. Their treat monkeys will say anything. fire off the cca request dont sign anything also again request a final letter regarding the ppi as you need to complain about this to them

[cloggy]

Hi Fred and Jobmid,

 

Many thanks for your advice and thoughts, all pretty much in line with my own.

 

I have slept on it overnight and checked all my file notes and letters to them.

 

The account went into dispute in March 2009 and the CCA letter sent prior to this time goes unanswered - apart from the copy of my signed application form.

 

I am going to write to them again today and fax a copy so I know they have it (with of course all ID info off the fax header!).

 

I am putting the account into serious dispute and taking it to the FSO today.

 

As I understand it they cannot then sell the debt to anyone else until the Disupte is settled.

Lets hope my understanding is correct 'cos I'm with you in thinking they have not got a leg to stand on re an enforcable agreement.

 

I'll keep you informed of how I get along.

 

Cloggy.

[steven4064]

cloggy

 

Can you post the aplication form - a lot of MBNA's application forms have the prescribed terms on them so they are enforceable credit agreements - they are not properly executed because MBNA don't see any reason why they should be bothered with tinpot UK regulations, but they do comply with the bottom line on enforceability - MBNA are not actually stupid (well not usually, there are some exceptions )

[cloggy]

Steven,

 

Many thanks for your thoughts. Yes, will scan it and post later today or am tomorrow.

 

Meanwhile I have acted on my CPR request and other follow up letters.

As they have sent me the usual "this is our final response to your queries" letter I have taken their advice and now spoken to the FOS.

 

They seem to think I have 2 issues with MBNA.

One is the PPI I asked for and the other is MBNA's interesting approach to suggesting I borrow elsewhere to pay them!

So I will shortly have two sets of forms to fill in for the FOS.

 

Meanwhile I have told the nice people at MBNA by letter and fax, the Ombudsman is looking into it and also took the opportunity to ask why they are still adding charges and interest to the account which is in dispute................like they care!

 

Cloggy.

[cloggy]

Steven,

 

Here is the copy received from MBNA - actual size of copy is 15x11cm so not easily readable - I have attached image as jpg's as well but not much better!

 

Cloggy

 

 

[steven4064]

It's OK

 

I con't read it butr I recognise it as a standard MBNA form. The prescribed terms are in the bit marked 'Financial an dRelated Conditions' on page 2. If your signature is on page 1, then this is an enforceable agreement.

[cloggy]

Steven,

 

I had thought it probably was enforcable but with the PPI issues ongoing and now with the FOS I am hoping that this will sort things out.

 

Will post more as I know more.

 

Cloggy.