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mooiismum

Optima Solicitors acting for MBNA

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Sorry to bother you but my OH has today received a Notice of Legal Action from Optima solicitors on behalf of MBNA threatening with court action, he sent the letter requesting a copy of the signed agreement I think the twelve days are nearly up, and has heard nothing yet. He spoke with them on the phone on Tuesday he explained he had sent a letter and was wating for a reply, they knew exactly what the letter was, he told her that that he may not have a job by this weekend due to cutbacks,(true) and tried to get him to agree to make a payment & then said that is it goes to court they ALWAYS win - and now this letter. On the back there is an expenditure form to complete, I'm on benefits due to ill health (long term illness with no chance of recovery) and this is a big worry and is making my illness worse, I'm not sleeping and can't cope with day to day life plus I need all my money for medicines, help etc. They've been harrassing him with telephone calls at work, which he has asked them to stop but has been totally ignored. I don't answer the phone at home anymore, so I'm now becoming completely isolated & I just can't cope anymore. Can anyone give me any advice on this please?

Edited by mooiismum
Typo errors and some info missed out

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hello

 

sorry to butt in - but not show where to mention this - have just been reading an article about a man in US who bought some fags with his bank card and was charged 23quadrillion $ - when he got it sorted out with his bank - he had gone over his over draft limit (of course) but the point is he was charged a fee of 15$ for being overdrawn - isnt this about 8 quid!!!!

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Hi there,

 

Send MBNA the following letter -

 

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

 

 

xxxxxxxxxx2009.

 

Dear Mr Sirs,

 

Re MBNA Account xxxxxxxxxxxxxxxxxxxx

 

Account in dispute

 

On xxxxxxx 2009 I made a formal request to you pursuant to s.78(1) of the Consumer Credit Act 1974. You 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 is now placed into dispute.

 

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 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 yourselves to the Court when the issue of costs is being considered.

 

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.

 

Yours Faithfully

 

 

Print your name, do NOT sign.

 

 

 

Moving on, do NOT speak to MBNA over the phone.

 

Send Optima the following letter -

 

 

Optima Solicitors

 

 

Account In Dispute

 

Ref: xxxxxxxxxx

Dear Sir/Madam

 

Thank you for your letter of xx/xx/09, the contents of which have been noted.

 

I would like to inform you that your client has failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On xx/xx/09 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8 to your client Triton Credit Services for which proof of postage was obtained. A copy of which is enclosed for your perusal and ease of reference.

They have failed to comply with my request, and as such the account entered default on xx/xx/09

 

The document that they are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, they are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore,

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As your client has failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

Yours faithfully

Print name, do NOT sign

 

Also, do NOT send Optima an Income\Expenditure sheet - they are not entitled to one.

 

 

When you send any letters, use at least Recorded Delivery


 

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Please consider making a donation, however small, if you have benefited from advice on the forums.

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You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks supasnooper, I can't believe how many people are willing to help you on this site, I'm totally indebted to you all who have helped me so far. I have been sending the letters signed for recorded, but aparrently none of these organisations are signing for anything, so I've taken to putting payment enclosed on the enevelope, this seems to attract their attention (wonder why?) I've alerted the Post Office that I'm not geting signatures for my mail and asked why am I paying extra to them for this service, that they are obviously not executing. So now Royal Mail are doing some investigations on their part. I'll post the outcome. Thank you once again. By the way do you know if they can legally take my benefits to pay for my husbands debt?

Edited by mooiismum
dyslexic fingers

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No they can't take your benefits - they are the minimum deemed necessary for you to live on, so they are not entitled to them; especially for someone else's debts.

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Some of these solicitors, DCAs and credit card companies get that many RD or SD that they may only sign once so it may not show that they have signed for yours. Where I work we had 15 RD the other day but only one signature was required.

 

DG


I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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I'm not quite up on the abbreviations, could you explain what RD and SD is please?

 

MM

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Recorded delivery and special delivery:)

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Thanks I'm having a "thick" day today. Should have known though. Hope you have a great weekend.

MM

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Not thick at all; some of the abbreviations can prove confusing to most newbies.

 

Hope you have a great weekend too:)

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Hiya Mooiismum,

 

I know its hard but please try to not worry about Optima Legal Services too much.

 

Trust me i have been there and done it so to say they took me to court for a £6500 debt and tried to get a CCJ and no doubt at all a charging order would have followed as i have a lot of equity in my house.

 

Anyway the point is, this was all after me offering MBNA £50 a mth upshot is the judge was not happy with the way they handled the case so refused the CCJ and made an order for me to pay £20 a mth.

 

So if they do the same to you just follow court procedure to the letter and vigarasly defend and in return Optima will cock up to your advantage im sure.

 

Regards

 

PF

  • Haha 1

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Thank you pompeyfaith, you have been such a comfort, I'm not worrying so quite so much now, more worried that OH will still have a job on Monday, his employers moved the goalposts on releasing the info. Arrgh:mad:

MM

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Any pointers or help you need with optima legal just shout

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Thank you. It's all a bit harrowing, but having read other threads on here, it shows how little they can do, especially if they don't comply to sending out copies of signed agreements etc. Some seem to shoot themselves in the foot by making booboos. Hope you have a good weekend.

MM

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