Can anyone help before 5pm please? MBNA

[Honeypot]

Hi All

 

I have got to ring MBNA before 5pm to try freeze interest on my account.

They keep telling me the recent high court ruling of section 78 where there is no agreement but can still demand money applies to me or something. I am not sure what they are referring to.

 

Does anybody know please. I would like to be armed before I call them.

 

Thanks

 

 

Vicky

xxxx

[lookinforinfo]

Have you already sent them a S.78 request under the Consumer Credit Act?

I assume they have said they cannot find the original? Have they sent you a reconstituted one instead?

[Pinky69]

Don't phone them at all - they are talking bollox - and they will just talk more bollox and give you the height of abuse if you call them back. Do not be frightened of these people - they have no powers whatsoever. If they have no agreement, they are not entitled to anything and they are misquoting a recent case. Have you sent for a copy of the agreement as a CCA request? Did they send you anything in reply? It sounds as if they don't have an agreement and if they don't they can Foxtrot Oscar unless they do find one in the moths broom cupboard.

[Honeypot]

Hi

 

Ive sent a CCA request 6 months ago but had nothing back from them. Also various letters asking them to freeze charges and interest.

I got a letter this morning saying if I call before 5pm they will freeze interest but he reminded me that section 78 doesnt apply????

[harrassed senior]

They are pulling the wool over your eyes, if they haven't got an Agreement they havn't got it and it is therefore impossible for them to collect on this account until they find one.

 

There is a long discussion thread on our site about the recent case and most DCAs etc. having been misquoting from it, so do not be fooled.

 

Our Golden Advice is to NEVER speak to these people on the telephone, they will tell you so many untruths to get you to pay up. I would just send the Account in Dispute letter for now, and if you get a reply from that still misquoting the recent case we have plenty of suitable responses for you.

[hunni2006]

First of all, IGNORE their letter.

 

have you sent them an 'account in dispute' letter? if not, send one now. there are templates on the site.

 

The recent ruling appears to say ( and I'm sure somebody better qualified will explain it better) that the lender can send you a reconstituted document as a copy of your agreement, but they definitely have to send you something!

[Pinky69]

Yes it does apply and whoever you spoke to doesn't know what they are talkng about. The case he is misquoting is the McGuffick case which said asking for payment is not enforcement - which it isn't - but they cannot ask for payment without an agreement, which they don't have, so S78 very much applies. Do not speak to them and if they call you insist that everything is in writing. Then write to their Complaints Department that they are pursuing payment on an alleged debt which has no agreement against the CCA 1974 and the CPUTR 2008 and send a copy to the OFT, marking the bottom of the letter "Cc The OFT Licence Fitness Department" so MBNA know you have sent it. And if you haven't done so send them the Account in Dispute letter too.

[Hardupnotfedup]

If the account id in dispute then they cannot add any charges or interest

[harrassed senior]

Its' just one of the 'tricks' they use to try and get you to pay something, anything, its nearly the weekend!!!!

[walkinthepark]

After a couple of months of letter writing I managed to get them to stop adding interest and pay what I can afford. It was still a nice amount though. If you sent a CCA request 6 months ago and didn't receive anything back I don't think they can add interest any way.

Edited March 25, 2010 by walkinthepark

[count orlok]

asking for moneymay not be enforcement, but receiving it is, so while they may be allowed to ask you for money they are not allowed to accept it if you give it to them

 

and you wouldn't want to help them break the law would you?

[themagician]

Hi

 

Ive sent a CCA request 6 months ago but had nothing back from them. Also various letters asking them to freeze charges and interest.

I got a letter this morning saying if I call before 5pm they will freeze interest but he reminded me that section 78 doesnt apply????

did you ever send the acc in despute as this is not automatic in requesting a cca.