MBNA Loan - The battle begins

[exchange]

Written to MBNA to point out agreement unenforceable due to incorrect prescribed term, but decided to let them work out where there error is rather than pointing it out. Why should I help them?!

 

I have also demanded a refund of interest for the last year as they have failed to send me an annual statement which became law on the 1 October 2008. The legal requirement is, for existing agreements at 1 October 2008, a statement must be sent by 1 October 2009 and then each year. How many people have not had one from MBNA I wonder? According to what I have read, interest can be reclaimed:D.

 

I don't expect them to cough up but I like to cause them more work as they continue to harrass me with unidentified calls and messages despite me telling them to only communicate in writing.

[exchange]

Anonymous calls daily to my mobile with no message. The number according to whocallsme is Global Vantage.

[exchange]

Letter from Global Vantedge (correct spelling-clever name eh!) today. Stopped paying loan as have written to put account in dispute.

The main issue is the passing of information to a company in India where data control is not a strong point. I know they do it all the time, had Aegis onto me re credit cards in the past, but this is flouting rules as usual, surely.

[rondodiver]

I have also demanded a refund of interest for the last year as they have failed to send me an annual statement which became law on the 1 October 2008. The legal requirement is, for existing agreements at 1 October 2008, a statement must be sent by 1 October 2009 and then each year. How many people have not had one from MBNA I wonder? According to what I have read, interest can be reclaimed:D.

 

Hi Exhange

 

Can you point me in the direction of the above please as I might try this as well as everything else I am doing.

 

Thanks

[exchange]

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=13473&d=1256049145

 

Here it is rondodiver.

 

This should be used by everyone who hasn't had a statement which I'm betting is a huge number.

 

Hope it works for you.

 

Exchange

OFT Loans.pdf

Edited October 27, 2009 by exchange
Link not working

[exchange]

I have posted the same info in a thread on the General Knowledge forum regarding loan agreement annual statements. It does say that the creditor cannot enforce the agreement if an annual statement is not supplied which makes it very powerful.

I have also alerted the site team as I have seen no other info about this on here.

[exchange]

Call to mobile am and pm daily.

Problem is I keep missing them so that I can answer and then leave them hanging on without saying a dickybird .

[exchange]

Annoyed that Global Vantedge are now calling my mobile 3 times a day and I believe attempted to call my home number as well.

As Global Vantedge are in India, can I not report MBNA for passing my info outside the UK and EU breaching the Data Protection Act?

Edited October 26, 2009 by exchange
Correction

[exchange]

Received today a Personal Loan Statement from MBNA. Only 27 days late and it is deliberately undated by MBNA.

On the second page it says 'My Transactions' and talks about a table of payments made, interest charged, etc. Problem is it is blank! The table is not there. So the statement is incomplete.

MBNA's incompetence is truly stunning!

[exchange]

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=13473&d=1256049145

 

Loan statement rules for those who haven't seen this yet.

[exchange]

Anyone else had a loan statement from MBNA?

[Redfish]

As this agreement is online and from May 2007 (unfortunately for me!), does this make it more difficult to argue about presribed terms being incorrect?

 

Exchange - I think you should investigate this properly. My understanding is that, because your agreement is dated May 2007, even if your prescribed terms are incorrect this doesn't render the agreement irredeemably unenforceable any more.

 

In the earlier CCA legislation if the prescribed terms were missing or mis-stated then even a court could not enforce the agreement.

 

But with the amended CCA that provision was eliminated for all future dated agreements. This means the court CAN order an agreement to be enforced even if prescribed terms are missing or mis-stated.

[exchange]

Thanks Redfish, I realise that, but they would still have to go to court to enforce it. My understanding is that it doesn't take away the fact that prescribed terms should be correct.

It's complicated for them (even more so because MBNA don't seem to have too many braincells between them) as I am not in the UK. Did you look at the new regulations for annual statements?

[Redfish]

You are not living in the UK? Well I think from what I've read elsewhere on this forum they can't enforce at all!

[Redfish]

I got my statement earlier this month - which seemed strange at the time - now I know why they did it this year but we've not had one before.

[exchange]

On the back of mine the table of payments and interest is missing. Have another look to check if it's all there!

There is something called a 'European Order for Payment' which is new this year but it is for debts which are not disputed, so difficult again!

[exchange]

Just had a new statement from MBNA with the missing figures. Still, 3 November isn't the 1 October, is it?

 

They have also acknowledged my complaint and say they will get back to me within 28 days, from......you've guessed it, Gail Powell. Boy, is she busy!

[exchange]

Letter from Global Vantedge demanding urgent payment. Average of 3 calls a day to mobile, all ignored. Indian company using data provided from the UK.

[exchange]

I have now sent a telephone harrasement letter to MBNA, not that they will take much notice!

[exchange]

Global Vantedge continue to call daily and I am also now getting voice messages left on my mobile by MBNA asking me to call one of their many 01244 numbers. Let's see if they do anything different when they get the telephone harrasement letter.

[exchange]

3 calls to my mobile as a minimum every day. I left my phone on all day on Saturday and they called three times as well.

[exchange]

After sending me a letter in October to say they are investigating my complaint another letter has turned up today (with a second class postmark to a foreign address?) saying they need more time. If they use second class again I won't see it until after Christmas! I wonder if they are waiting for results from test cases?

[exchange]

Could my telephone harrasement letter have had a temporary effect? No calls so far today after 3 a day for one and a half months.

[Dotty50]

That's because they have started on me! 8.03 yesterday morning!

[exchange]

I hope you don't speak to them! I never have and never will.