Me Vs MBNA

[EOS-5D]

Hi Guys,

 

Due to a change in my circumstances (my baby daughter is ill, so ive had to give up work) I now cant pay the minimum payments on my cards. Ive written to them all, asking to freeze my account for interest and charges and made a token offer of £10 per month for the foreseeable future.

I received a reply back from MBNA this morning and just wondered what to do next.

Ive scanned their letter and attached it to this mail.

 

As always, many thanks in advance for your help.

MBNA1.pdf

[MikeBigg]

Hi,

 

The general action plan here is:

 

o don't talk to them on the phone;

o don't send them your cards;

o you have no obligation to tell them what you owe/spend; and

o don't sign your letters to them.

 

When did you start the account?

 

You should send a CCA request together with a £1 postal order - that will put them on the back foot for a little while.

 

Regards,

 

Mike

[EOS-5D]

Thanks for the reply

 

The account was opened about 18 months ago via their website, so there is no signed agreement. I only put a tick in the box to signify ive agreed to their terms.

 

Regards

[EOS-5D]

I'm up to date with the payments on my cards thus far. If I CCA them, is it recommended that I continue paying them or stop and let them prove they have an enforceable agreement.

 

Cheers

[MikeBigg]

I think the law changed a couple of years ago - I'm not sure how you should proceed with newer cards.

 

I'm sure someone will be along in a little while to advise.

 

Regards,

 

Mike

[EOS-5D]

Any further comments or suggestions folks!!

[alanalana]

If you are having a lot of difficulty in repayments you could consider the Consumer Credit Councelling Service...link here

 

CCCS - Free Debt Advice from the UK's Leading Debt Charity

[EOS-5D]

Hi gang,

 

I have sent MBNA a CCA request and as I didnt get a reply in 3 weeks I sent another letter informing them that they are in default of my request (all sent by recorded mail).

I am now receiving several phone calls a day from them which I dont answer now because I can see the number. However, in a call that I actually did answer, I mentioned my letters to them. To my surprise they said they havent received any letters from me at all, theres nothing on the system.

So even though I sent the letters recorded and have seen the signatures on the Royal Mail website, MBNA are saying that they havent had anything.

Has anyone else experienced this and what should I do as they are calling me several times a day both on my home and mobile numbers.

 

Many Thanks Guys

[supasnooper]

Typical response from MBNA I'm afraid.

 

You should send them this letter -Harassment by telephone - Consumer Wiki

 

Make a log of when do call so you show how much they have harrassed you and breached the OFT guidelines on debt collection

[EOS-5D]

Ive finally got a response from MBNA to my CCA request.

 

Ive blanked out my name, address and account number on a couple of pages.

 

Could someone please look at what they've sent to see if they have complied with the CCA request. Theres lots of pages and im at a loss.

 

 

cheers in advance

 

E5D

MBNACCARESPONSE.PDF

[diamondgirl]

Hi

Just downloading will have look and come back to you soon.

 

DG:)

[WelshMam2009]

The agreement is signed by them as 2/3/2008.

 

Is this when you took the card out EOS??

[EOS-5D]

yes WM2009

[EOS-5D]

Thankyou DG

[WelshMam2009]

It's usually pre-April 2007 agreements that are challenged.

 

Agreements taken out after 6th April 2007 are regulated by the Consumer Credit Act 2006. Section 15 of the 2006 Act repealed sections 127(3) to (5) of the 1974 Act.

 

(Schedule 3, s11 of the Consumer Credit Act 2006 prevents section 15 repealing s127(3) of the 1974 Act for agreements made before section 15 came into effect.)

 

This means that a court has the power to determine in its discretion whether agreements are enforceable in accordance with section 127(1) and (2) regardless of the breach in question.

 

My guess would be that the agreement is enforceable although I've not studied it in detail.

 

These are the prescribed terms you should be looking for:

 

Credit limit

3. Agreements for running-account credit.

 

A term stating the credit limit or the manner in

which it will be determined or that there is no

credit limit.

 

Rate of interest

4. Agreements for—(a) running-account credit

 

A term stating the rate of any interest on the credit

to be provided under the agreement.

 

Repayments

5. Consumer credit agreements.

 

A term stating how the debtor is to discharge his

obligations under the agreement to make the

repayments, which may be expressed by reference

to a combination of any of the following--

(a) number of repayments;

(b) amount of repayments;

© frequency and timing of repayments;

(d) dates of repayments;

(e) the manner in which any of the above may be

determined;

or in any other way, and any power of the creditor

to vary what is payable.

 

Hope this helps!!

[EOS-5D]

Looking at what they have sent me just looks like a load of different printed pages with my name and address in a few places.

Sure I took it out in early 2008, however, dont they need a signature from me rather than just a tick in a box. I mean, how do they know its from me. It could be anyone?

 

Has anyone had a chance to have a proper look yet?

 

Any help would be greatfully recieved.

 

 

E5D

[WelshMam2009]

Sure I took it out in early 2008, however, dont they need a signature from me rather than just a tick in a box. I mean, how do they know its from me. It could be anyone?

 

Did you apply on line?? If so, then I don't believe a signature will be required for a 2008 agreement.

 

Law changed with this I believe...The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

http://www.opsi.gov.uk/si/si2004/20043236.htm

Edited August 29, 2009 by WelshMam2009
Link added

[EOS-5D]

Yes, the application was online, however, as I said in my earlier post. If you look at the attachment, it just looks like a load of pages they've made up and printed off a computer.

 

Has anyone else got anything to say or can shed some light on what they've sent me.

 

 

Many Many Thanks

 

 

E5D

[WelshMam2009]

Yes, the application was online, however, as I said in my earlier post. If you look at the attachment, it just looks like a load of pages they've made up and printed off a computer.

 

Has anyone else got anything to say or can shed some light on what they've sent me.

 

 

Many Many Thanks

 

 

E5D

 

The last page you've scanned on the pdf attachment is actually the 2nd page of your executed agreement. It is the agreement that you should be concentrating on.

 

The rest appears to be standard terms and conditions, which most MBNA Caggers will have received a copy of at some time, and a copy of your latest statement.

[EOS-5D]

Thankyou WM2009

 

I scanned and named them in order, but when the docs were created into a single PDF, somehow they got mixed up.

 

OK. Ive read what I should be looking for to see if the agreement is in order, but, its like reading a different language, I just dont seem to be able to understand what I m looking for. Does it look in order to you?

 

Cheers

 

E5D

Edited September 20, 2009 by EOS-5D

[EOS-5D]

Bump,

 

Has anyone else had chance to look at my MBNA agreement

 

 

Many Thanks

 

E5D

[EOS-5D]

Hello All

 

I CCA'd MBNA about 2 months ago, I got a reply back after a month, which I posted on here, however it wasn't clear if the agreement was enforcable or not. I informed MBNA of this and requested more information from them, to which they have ignored. I have sent them 6 letters in the last 2 months, all by recorded delivery and all have been ignored. I have been receiving phone calls and letters from them asking for money.

 

This morning I received this attached letter from OPTIMA threatening to take a charge over my house. As I have a sick daughter, the last thing I need is them trying to take my house away.

 

Can someone please have a look at this letter and offer some help.

 

Thankyou

Optima.PDF

[amber]

Hi EOS-5D

 

I'm afraid I'm not fully versed regarding charging orders and Optima but I know a chap who is aware. Please have a read of Meebroke v MBNA thread, hopefully this could answer a few of your queries as he/she has had dealings with this shower. (No doubt I will too shortly).

 

I think I am right in that it is just a 'threat' and they have to go to court to get a charging order and that they cannot do this if your account is in dispute. Have you put your account into dispute? Sent them the account in dispute letter if you where not happy with the copy of the CCA and you deem it to be unenforceable?

 

Sorry if I am a bit vague. Someone with a whole shed of experience will be along soon to help you and answer your questions. In the meantime, have a look at the other threads and at the one I mentioned above.

 

Amber

[supasnooper]

There is a long way to go before they can even think about applying for a Charging Order.

 

They'll need a compliant CCA and an effective Default Notice to be in position to apply for a CCJ.

 

looking at the CCA - http://www.consumeractiongroup.co.uk/forum/show-post/post-2396864.html

 

IMHO, it's enforceable as it looks like it was applied for online...........unless you can tell us different.

 

I can't find a DN looking through your threads so if you do have one can you post it up or put up a link to it.

 

I'm sorry it's taken some time to respond to this, but as you have several threads regarding this, it does take time to find and read them.

Please try to keep all the info in this thread

[EOS-5D]

Thankyou Supasnooper for your reply.

 

Yes, I did apply online for this account.

 

I have kept all mail and envelopes from MBNA and the only thing with DEFAULT on it, is in the PDF attached.

 

 

Cheers

 

E5D

MBNA Default.PDF