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RoadToRecovery

RTR vs MBNA

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23rd May : Sent CCA request.

 

5th June : Sent reduced payment offer.

 

23rd June : Sent A/c in dispute letter.

 

 

Since when the debt has been passed to RMA who phone daily. I refuse to go through security. Also several demanding letters.

 

 

14/07/09 : Received a card informing me someone would be calling on Friday.

Sent "Do not visit me at home" letter.

 

15/07/09 : Today I detected a much more agressive tone from the caller. I asked why they do not communicate by letter and was told "We are a telephone based company".

 

They are soon onto the doorstep visits malarky:eek: Even when the a/c is in dispute which is against OFT guidlines.

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23rd May : Sent CCA request.

 

5th June : Sent reduced payment offer.

 

23rd June : Sent A/c in dispute letter.

 

 

Since when the debt has been passed to RMA who phone daily. I refuse to go through security. Also several demanding letters.

 

Do not speak to them on the phone, ever.

 

 

14/07/09 : Received a card informing me someone would be calling on Friday.

Sent "Do not visit me at home" letter.

 

They wont

 

15/07/09 : Today I detected a much more agressive tone from the caller. I asked why they do not communicate by letter and was told "We are a telephone based company".

 

That is their problem not yours, refuse to speak to them.

 

They are soon onto the doorstep visits malarky:eek: Even when the a/c is in dispute which is against OFT guidlines.

 

Edit and send the letter below, changing dates and adding your own details.

Operations Manager

RMA

Old Docks House

90 Watery Lane

Preston

PR2 1AU

 

xxxxxxxxxx2009.

 

Dear Mr Sirs,

 

Re MBNA Account xxxxxxxxxxxxxxxxxxxx

 

Account in dispute

 

 

I refer to your letter of xxxxxxx 2009, the content of which is noted. No debt to your client is acknowledged.

 

On xxxxxxx 2009 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind you that the provisions of s.78(6) now apply. This account was placed in dispute on the xxxxxx2009 These letters are enclosed.

 

In the circumstances, your and your clients 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 Information Commissioners Office 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 advise your client of the implications of ignoring the Data Protection Act and also reassess your own actions in this area, to avoid culpability.

 

Should you or your client bring proceedings, they will be robustly defended, and the Court's attention 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 am also in receipt of your letter dated xxxxxxxx2009, regarding telephone contact. You will be aware from previous letters to MBNA, that I will only communicate in writing.

 

I require all further correspondence from your company to be made in writing only, as instructed.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded and logged for future reference to the Harassment Act stated above.

 

What you must do now.

 

  • Cease all calls to this number with immediate effect and delete this number from your files and system.
  • Advise me of the method that you have used to obtain this number. You will understand that this has serious consequences under the Data Protection Act.

Please confirm in writing, that you have actioned points 1 & 2 above.

 

 

Please refer this matter back to MBNA.

Edited by vint1954

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Eventually received a reply to my CCA request from MBNA.

 

I originally had two accounts with MBNA and a few years ago had a call advising me that if I opened a new account I could transfer the balance for an interest free period. I did this online and have received the CCA reply for the newest a/c as I suspected would be the case, no reason not to really as this had the balance the other was £0.

 

I have tried to find any posts relating to online applications, I suspect these are simply untouchable in terms of unenforceability? Ironically this one had the largest balance as they sent balance transfer offers at the rate of about 3 per week!

 

If anyone reading has found / read or subscribed to any threads re: internet applications, links would be most appreciated.

 

tia.

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