Concerned v MBNA

[seelllyfirst2]

Do not give up this point , if they have hiked your rate knowing that they did not have a executable agreement they have given you stress and worry without any concern.

 

They still have a duty to comply with your CCA request

 

Have you confirmed to them that they are still in default having not supplied the executed agreement. Or was dropping this action part of the settlement?

 

If not and they continue to ignore this you can submit the Subject Access Request although you must allow 40 Days for reply

[rondodiver]

Dropping the action was purely my decision and has no bearing on the FOS adjudication, I have reminded and several occasions of the default and have not had a single reply whatsoever to any CCA request or even the CPR31.16 letters. I think if I am to continue I have to do the subject access thing and find out what they have once and for all.

[seelllyfirst2]

The CPR31.16 stance is on my understanding only comes into play following the start of Court proceedings. Many of the experts on the site will advise oyu on this. The SAR is your right under the Data Protection Act and will certainly reinforce your case.

 

A lot of people on the site are receiving microfiche copies of Agreements which are showing many errors which may seem to point to constructive use of technology. Again a search will point you to thie best threads.There seems to be a distinct possibility that any delay on producing your agreement indicates the Card Company now realise that this constructive manipulation will be found out. So push for the documents that are your right.

 

Best of luck and do me a favour can you ask any one you know who may have MBNA accounts if they have any knowledge of rebranding to Bof A

[rondodiver]

Hi ronddodiver

I recently received my CCA from mbna, I too have my account dated from 1997, What I received was an application form, single sided with noneof the required terms under the 1974 act and no referal to other documents in the body of the application form. As it stands mbna don't have even stumps of legs to stand on, I suspect you've got the same thing.

 

Hi unredacted

 

I'm guessing they dont have the CCA but do not have any proof or any aknowledgement whatsoever. And likewise suspect even the stumps would not support them Even if they had sent through some mock up that would have been a start as I could have something to fight or challenge but the lack of any response puts me at a disadvantage as I have nothing to challenge so I suppose I have to sit and wait something I am not very good at. They have already started to trash my credit file and am expecting more brown stuff heading in my direction not really sure what to do next

[usaname]

Hi,

 

If, as you say, you have requested the CCA and they have not responded within the time allowed (12 + 2 days I believe), have you written back putting the account into dispute?

 

If not, then I'd suggest that as the first step along the way. Send the letter using 1st Class, signed for post. You can then get proof that they have received the letter even if they don't respond to it.

 

Don't give up the fight.

[rondodiver]

Hi Usaname

 

Yes account was put into dispute at the end of July and various reminders sent still have not recieved anything at all. I am convinced now they dont have anything otherwise I guess they would have sent something.

 

Update I have got all the extorniate interest back and thats reduced the balance so a bonus there.

 

Regarding the address do you think as mentioned in the posts above using the Abbey Credit Card address would make a difference they have been signed for BTW

 

Thanks

[amber]

Hi RondoDiver

 

Although using the Abbey Card address and them being signed for etc, I think they could also use it as a cop out for going astray. Use this address for all correspondence:

 

MBNA Europe Bank Ltd

Customer Advocate Office

Stansfield House

Chester Business Park

CHESTER

Cheshire

CH4 9WW

 

You have been patient and kept at it for so long, don't let them start getting to you now, nail the buggers. Onwards and upwards. Yes, lord knows how they can grind you down and stress you down, its all down to tactics and stealth. Fight fire with fire mate. Print off all the letters you have sent, stipulate they have had them before and signed for them, stick them all in an envelope to them at the address above (recorded delivery) again.

 

Amber

[rondodiver]

Hi Amber

 

Thanks for that I intend to pick this up again after I have made sure the little ones have a good xmas. Dont need this taking up brain space till then.

 

They still haven't sent anything through from when I posted to the other address, but as you rightly say that could be their cop out, They did get me down for a while, but back now and will fight back with all guns blazing in the new year.

 

Rondo

[rondodiver]

Afternoon all

 

Well received a letter this morning saying they need more time as the account was purchased from another lender sometime ago and will be contacting them for the agreement I suppose, this after 7 months of waiting, how long do they need ? . Had the usual blurb about a case and I should continue paying (would have thought they knew what was happening as I am still paying anyway). We shall wait and see what happens next.

[rondodiver]

Hi All

 

I have now read and re-read this letter very carefully, they mention a case McGuffick vs RBS and had a look at this and could not see the point they were trying to make about "continuing to make payments even in the absence of the agreement" any ideas anyone ?, Secondly I am now of the thinking that they do not have the agreement, and I have come to that conclusion because again in the letter they state "the account was bought from another lender some time ago" and haven't named that other lender, I suspect they realise that they also won't get the agreement from them either. Will keep you posted

[rondodiver]

Morning all

 

Well still nothing seince the last letter from these muppets, it has been over a year now since my request and they still haven't complied or even complied with the letter above.

 

Think it time to up the stakes now , not sure what I am going to do but first I am going to send a letter recored delivery reminding them of their obligations

 

Any suggestions wouldn't go amiss. Thanks for looking

[blueotter]

Are you still making payments to the account ? If so then that's why they've gone to ground..........if you aren't making payments i'd guess that they don't have an enforceable cca and/or you don't show up as having a mortgage and being a house owner.

[rondodiver]

Thanks for that Blueotter

 

Yes I have been making payments to the account so I guess your right, However they have now rehiked the interest rate back to 34.9% for no apparent reason even though I had opted out of any increases according to their guidelines also they did not even send a letter notifying the chaneg so I guess that is also a breach. I have spoken to them this morning and basically I may as well have smashed my head off a brickwall so it looks like the fight is back on and pretty much told them that wrongly or rightly.

 

I am now stopping payments and going to remind them of their obligations regarding the CCA even though they haven't replied since June 2009 and from when they acknolowdged they were actuall trying to get it from another lender in January 2010 so my guess is now they really dont have it we shall see. Time for a big fight me thnks

[rondodiver]

MBNA_19102010.pdf

 

Hi all

 

I have received the attached in the post this morning and think it is a significant point, however I would like other peoples view if possible. Also if possible could anyone comment on the next course of action.

 

Hope this can be read okay

[unredacted]

Hi Rondodiver

In the Mcguffick judgement The biased judge in this case ruled that sending your data toCRAs and employing DCAs did not amount to enforcement so the creditor can do what he pleases, this same judge ruled that because the CCA could not be found did not mean it did not exist therefore you duties under this non existant agreement were not liquidated so you should continue paying the debt.

Another biased judgement is Carey where this judge ruled that it was not necessary to provide a copy of the original agreement and a construction was acceptable even if this construction came from more than one source for the banks to meet the requirement to provide a copy of an agreement

[rondodiver]

Hi All

 

Well up until now I have been trying to service this problem and to some extent succeeding, however since the increase in payments i.e 1% + Interest this has made it unmanagaeable and my priority is my family therefore I managed to negotiate an arrangement and this resulted in the interest rate being reduce to c. 3.8% per annum on the assumption I pay a fixed amount each month which would be manageable. However on reading the terms it means an Arrangement to Pay will be lodged with the CRA and this will last for 5 years while paying and 6 years thereafter. I already know they dont have a CCA I was wondering if I offered a settlement would that be a better option. Really could do with some opinions so that I can weigh up all my options, the arrangement screws me for 11 years whilst a default / short settlement is only 6 years any thoughts please.