MBNA CC Problems

[snoopyfeet]

My husband has an MBNA credit card that he can no longer afford to pay. I wrote to them to try and make an arrangement to pay at a reduced rate. So far I have only had a reply asking him to phone them, which of course he won't do. (Everything in writing) My questions are :-

1. Last year they switched his card from an AOL card to a MBNA Platinum Plus Rewards card. He did not ask them to do this and on top of this they used this opportunity to hike his interest rate up to 34.5%, a fact I didn't know until about a month ago. They have given him a new account number so I'm assuming this a completely new account. He has never signed a new credit agreement on this account and I am not even sure if there is a valid CA on the old account. Could this mean that they can't enforce this debt, and how should I proceed.

2. I have read that you should not apply for a CCA using the Consumer Credit Act 1974, is this correct.

I am new to these forums and this is my first question so if this is a bit long I apologise. Both my husband and I are very worried and are trying to sort out his debts. If there is someone on these forums that can help me and give me some advice, I would be so grateful. He is 2 months behind with his payments and he has had embarrassing phone calls at his workplace. They are bullies.

[cerberusalert]

It's always worthwhile requesting a CCA first, it leaves a nice paper-trail which could be of use at a later date.

 

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, 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.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[maroondevo52]

Hello and Welcome, snoopyfeet.

 

I'll move this thread to the MBNA Forum.

 

 

Regards.

 

Scott.

[snoopyfeet]

Thankyou cerberusalert, I will do as you suggest and update if anything else happens.

[snoopyfeet]

Ok open two letters last night after husband gets home. One says cut up crdit cards and return through post, this one dated same day as phone letter. 2nd one dated day after says pay £xxx or account may be outsourced to a third party agency, quite frankly thinking knock yourself out. Question, if credit card debt goes to DCA does interest stop?

[snoopyfeet]

Have received this back from MBNA. Did not know how to post these on site so it has taken some time to post them. Hope that these are clear enough. I notice that the agreement is a credit agreement and not a credit card agreement, also they have tried to make it look like the conditions are on the back of it by printing on both sides of the sheet, however it is not quite lined up. Would be grateful for any comments as to enforceablity. We have received several letters threatening various actions including a visit and an attachment to our house, so need to know what letters to send in response. Also suspect have been missold PPI which I will be looking into. Really need some help here.

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[snoopyfeet]

Hi please can someone give me an opinion and some advice as to my next course of action with regard to the above post. I am getting very worried and really need some help.

[citizenB]

Ok open two letters last night after husband gets home. One says cut up crdit cards and return through post, this one dated same day as phone letter. 2nd one dated day after says pay £xxx or account may be outsourced to a third party agency, quite frankly thinking knock yourself out. Question, if credit card debt goes to DCA does interest stop?

 

Cut up the cards by all means,shred them if you can. However, please DO NOT return them to the Credit Card Company.

 

The document you have been provided with is similar to many others on the forums.

 

I would suggest you look at the following threads

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/199523-restons-mbna-issued-court-51.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/162249-mbna-cca-agreement-help-61.html

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175074-mbna-let-battle-commence.html

 

You can also do a search for MBNA and read many other threads. These will let you know what you can expect, suggest letters to be written.

 

Here is a template letter that could be sent.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

HTH

[citizenB]

Have received this back from MBNA. Did not know how to post these on site so it has taken some time to post them. Hope that these are clear enough. I notice that the agreement is a credit agreement and not a credit card agreement, also they have tried to make it look like the conditions are on the back of it by printing on both sides of the sheet, however it is not quite lined up. Would be grateful for any comments as to enforceablity. We have received several letters threatening various actions including a visit and an attachment to our house, so need to know what letters to send in response. Also suspect have been missold PPI which I will be looking into. Really need some help here.

 

 

Please note that none of the actions you have been threatened with can happen until such times as the company has taken you to court. You are a long way off that yet.

 

There are procedures that a Creditor needs to follow before legal action can be taken and it would appear that this hasnt happened yet.

 

On what grounds do you suspect a mis sold PPI. This could cast doubt on the agreement or give you a counterclaim argument.

[42man]

This link is useful - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

[42man]

And this one might be of interest - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

[snoopyfeet]

Thankyou for your posts. The reason that I think the PPI was missold is that my husband had 2 pre-existing medical conditions which is why he took out the PPI. Now I understand that he would never have been covered for these, and he was not told this. He cancelled the PPI about a year ago, but as he has had the credit card since 2001 he has been paying it for about seven years.

[42man]

Well you must have seen this - Judge quashes woman's £8,000 credit card debt in 'landmark ruling' on mis-selling of payment protection insurance | Mail Online

 

It seems obvious that it was mis-sold !! it would have been useless....and if so it could bring the whole agreement into question !!

[snoopyfeet]

Thanks 42man, how should I proceed. I have been reading the posts on this site and I am sure that my husbands so called CCA is not correct. Should I handle the PPI and the CCA seperately or together and how on earth do I work out how much PPI has been paid and the interest on it. Would a SAR help.

[42man]

I would send a SAR first, then you will have all the information to hand (hopefully)....then you would need to start a dispute (did you see this by the way ? - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms )

[snoopyfeet]

Yes I had a good look and it would seem as if my husbands CCA does not conform to all the regulations. As they have sent him this should I put a letter in with the SAR putting his account formally in dispute to avoid further interest and charges.

[snoopyfeet]

Meant to say that the so called CCA says credit agreement and not credit card agreement. And also it does not contain a credit limit. Looks to me if this is something that they have on microfiche and not the original.

[citizenB]

Meant to say that the so called CCA says credit agreement and not credit card agreement. And also it does not contain a credit limit. Looks to me if this is something that they have on microfiche and not the original.

 

sounds like a typical botched job by MBNA

 

You need to send the Subject Access Request as advised by 42man. You need all the statements from inception of the account in order to work out how much PPI you have paid.

 

There are spread sheets available on the site and we have one or two experts in respect of PPI reclaiming.. so you will get plenty of help and advice.

[wrungout]

Meant to say that the so called CCA says credit agreement and not credit card agreement. And also it does not contain a credit limit. Looks to me if this is something that they have on microfiche and not the original.

 

Hi Snoopyfeet, like you I have paperwork with "CREDIT AGREEMENT" as opposed to credit card agreement so will also be interested to hear if this has any relevance. It doesn't appear to be a prescribed term but may still be important. Hopefully someone will let us know. Good luck in the meantime.