MBNA/Restons Claimform MBNA card debts

[willow1261]

Hi everyone.

 

I have been helping my friend to fight MBNA for the last few months now. She has 4 credit cards with them dating from 1999 onwards. They sent all 4 accounts to Restons who filed in court against her even though they were in dispute at the time.

She got 3 application forms back from her CCA letter and one they advised they couldnt find. They also sent her made up default letters on blank paper ( no letter heads).

I put together a defence for her for each account and she sent them back to court. At the beginning of June the court wrote to her confirming receipt of defences and giving Restons 28 days to reply to them.

However this week she has received from MBNA new credit statements transfering the balances of all 4 credit cards onto new accounts with new numbers. They have also added on each account 2 x legal and court costs. ( not just the normal costs but twice the amounts!!)

Restons have not been in touch to say court action has been discontinued, and MBNA have not mentioned it in their covering letters with these new statements, which read like a welcoming letter for a new account.

What is going on?

Does anyone else have experience of this. Do the court cases still stand? Can MBNA do this?

It reads to me that they have reclaimed the accounts but why change all the account numbers? If they were unenforceable before they definately are now as she has not signed any new agreements.

Does anyone have any ideas what her next move should be, as I have no idea now what to advise her to do. HELP!!! !

 

Thanks

Willow X

[accesspwd]

Subbing

[the_shadow]

Come and join us....

 

http://www.consumeractiongroup.co.uk/forum/mbna/204839-band-together-against-them.html#post2232118

 

 

S.

[miss muppet]

Well done on fighting this for your friend. MBNA think they can write their own rules but will find they can't - did your friend have original default notices on these accounts, have you made sure they have given the correct time to remedy i.e. 14 days plus allowing for postage, also if these are the only default notices, they will not stand up without the original creditor's name and address. They love changing the account numbers, they say it is due to system update or charge off. Just keep all the evidence for court and if you don't get a copy of their defence by the required time, phone the court to advise them of this and as they say join the happy band of MBNA haters!

[willow1261]

Already joined miss muppet, i consider it my duty to help anyone with problems with MBNA!! They were vile to me over a period of about 6 months. In the end they sold my account to equidebt which was so much easier than this senario. I CCa'd them over 18 months ago and still waiting!!!

 

willow X:lol:

[miss muppet]

Hi Willow that sounds like excellent news, thats what happened in my case, they had nothing but still went to court and got a bloody nose!

[2Grumpy]

Hi everyone.

 

However this week she has received from MBNA new credit statements transfering the balances of all 4 credit cards onto new accounts with new numbers. They have also added on each account 2 x legal and court costs. ( not just the normal costs but twice the amounts!!)

 

It reads to me that they have reclaimed the accounts but why change all the account numbers? If they were unenforceable before they definately are now as she has not signed any new agreements.

Does anyone have any ideas what her next move should be, as I have no idea now what to advise her to do. HELP!!! !

 

Call me paranoid if you want to, but I see a possible plan from MBNA here!

 

They have 4 unenforceable CCA 1974 accounts that they were about to take a kicking over.

They then open 2 CCA 2006 accounts and transfer the balances.

The CCA 2006 accounts might be enforceable without a signature if it looks as though the debtor has used them.

 

I would be writing to MBNA to tell them that I had received statements for 2 accounts that I did not recognise and to let me know what was going on. I certainly wouldn't be making any offer of payment on them because of my paranoia.

 

But I would also be waiting to see what others thought!

[the_shadow]

They cant blindly commit you to a CCA2006 agreement on a new account, the CCA is not binding unless signed by both parties.

 

If the CCA agreements are unenforceable then they remain that way no matter what the lender/creditor does.

 

S.

[2Grumpy]

I thought that was one of the major differences between CCA1974 & 2006

 

If the creditor couldn't produce the CCA then a judge would look at the way the account had been conducted to determine the validity of the debt.

 

So if a debtor consolidated CCA 1974 debts into a new CCA 2006 agreement, they would have lost the protection given by CCA 1974.

If the creditor could show that the account was opened & the debtor made regular payments, but couldn't locate the agreement, they might still get a judgement.

[the_shadow]

I think you may be confusing things here... there are no CCA1974 agreements or CCA2006 agreements as far as I'm aware... there is A agreement...

 

This is governed by the CCA1974 cos none of the lenders currently issue agreements governed by the CCA2006.

 

Agreements entered into after April 2007 I believe are also governed by amendments to the CCA1974 which came in the CCA2006 namely the loss of prescribed terms being a problem and no agreement.

 

Accounts opened after that date are deemed enforceable by default due to this.

 

So if they open a new account and yet you have the paperwork to show the old agreement details or the CRA still shows the account opened in xxxx instead of post April 2007 they will be committing fraud in my opinion.

 

S.

[WelshMam2009]

The new account numbers are probably due to the fact that the sums have been charged off for tax purposes. That is pretty standard. As Shadow has correctly stated, there is only one agreement (or 4 in this case!) and if it was entered into prior to 6 April 2007 then it will be governed by CCA74.

 

I don't believe they should be adding on the court costs to the statement (or doubling them for that matter) as costs are for the Judge to award and not MBNA. However, it might help your case if they serve papers and claim incorrect amounts due to this.

[cashins]

I don't believe they should be adding on the court costs to the statement (or doubling them for that matter) as costs are for the Judge to award and not MBNA. However, it might help your case if they serve papers and claim incorrect amounts due to this.

 

Yep. 1st instinct would be to send copies of the papers to the court, however it could well be an idea to let them hang themselves.

 

David

[willow1261]

I think the best plan of action is to hold tight for now and see if we hear back from Restons. Maybe they have passed the accounts back to MBNA as they knew they had no chance to win!

It just throws me that they have come back with new credit card numbers set out in normal statement form. One of the minium payments on one account is over £900.!!

As far as we are concerned this is still ongoing through the court system.

She sent them the harrasment letter a few months ago and that did the trick after a week or so after it was sent, now she is getting lots of withheld calls again throughout the day starting when she got these new statements.. She doesnt take with held calls anymore, so cant say for sure its MBNA.

Coincidence?? I doubt it!!

 

Willow x

[willow1261]

Hi,

 

I am helping a friend who has 4 different credit cards with MBNA . She is being persued through the courts by Restons.

She has sent in her defences. And now has been advised that they have been transferred to her local court for October hearing.

We have given court directions that they must produce originals of the CCA agreement, which they dont have, and default notice, again which they dont have.

They have produced statements which they say are hers, but they are computer style without even her name or account number on them on blank paper.

In their AQ they are saying that her defence is in the style of computer based websites (ie CAG) and have said that it is not a sensiable defence and that in effect is not worth the paper it is written on!!! It is a really good defence and worked for me last year in court.

They even say in their response that the agreement they have is a copy, but a brand new pristine copy would have been signed at the time! The agreement is an application form with none of the required or prescribed terms on it.( I think it was a mail shot.) Already dealt with in her original defence. They also state that terms and conditions are from 2008 which will be shown in court, but her agreement is from 1996.

 

As the Consumer Law is clearly against MBNA/ RESTONS can any one shed any light on why they seem intent in taking it all the way?

Have I missed something here because it is costing them money, although they are passing it on to her as she has received statements from MBNA recently with all the account numbers changed, and 2 lots of court costs have been added to each account already!! She hasnt been to court yet so how can they do this?

 

I really dont understand so any advice will be gratefully received!!!

 

 

Thanks

 

Willow XX

[supasnooper]

It's a game of who blinks first.

 

That's the way they operate.

 

There are plenty of threads on the site , have a read of these links -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html

 

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

[sunflower99]

Hi Willow!

They always throw the dummy out the pram when they find they reeled in a cagger and people who know their rights,I suppose Restons try and get MBNA to pursue things as much as possible as it is MBNA who get copped for charges for their services as Restons can claim eveything including court charges if they loose from MBNA

 

well done in your previous court victory by the way! I am sure Judges getting a lot more awre of |Restons and other Dcas underhand tactic now and getting to know about the unenforcable cca issue:D Restons have had quite a few defeats in thses forums!

[fairbyblue]

Keep going they will try everything to try to undermine you. They just rack up costs for themselves. I was successful against the same combination listening to the advice on here. The dont like us caggers.

[robcag]

Keep going they will try everything to try to undermine you. They just rack up costs for themselves. I was successful against the same combination listening to the advice on here. The dont like us caggers.

 

And now I got the costs cheque

 

I hope you haven't decided to frame that Restons costs cheque instead of cashing it FB!

 

(Not really hi-jacking the thread, just giving some encouragement to Willow)

 

Cheers

Rob

[willow1261]

WOW!! Check you out, I am so impressed FB. Have a party on them, i would!!!

Seriously though referring to your comment about them just using the process to make themselves money.

There are people out there who are jumping of bridges or slitting wrists, because of the pressure these bar stewards are putting them under.

All for the sake of a quick buck!

Its outrageous behaviour. So much for the British Legal System. Its as corrupt as everything else in this country!!

 

Rant over!

 

Thx for replies.

Willow xx

[sleepingdog]

Hi willow1261, just to let you know I too have a battle on with restons , one they can't win as long as I fight it. They are begining to get cold feet now they know I mean to fight them all the way ,don't give in to their intimidating approach and I am sure they will either back down or lose in the end.

sleepingdog

[willow1261]

Hi Sleeping Dog,

 

Good luck to you ,I really hope you win and do them for wasted costs as well!!!

 

They seem to be taking this to the wire with my friend. I hope she can put up a good fight in court. I wont be able to go as I dont live near her.

On paper they dont have a chance, but the judge allocated to her case is a top child abuse judge, which means that he probably doesnt have a good knowledge of Consumer Credit Law!!!

 

All it takes is one swarmy solicitor muddying the clear waters!!

 

willow x

[supasnooper]

May I suggest your friend gets a Subject Access Request letter off to MBNA as soon as possible.

 

MBNA being .............well MBNA, do usually send all the documents you request.

At least your friend will have some idea of the documents that may be used.

 

A good SAR letter can be found here -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2235283.html

[willow1261]

Hi,

 

A while ago I had problems with MBNA. They had no contact number for me but my OH also had an account with them. This account was dormant and although a CC card account it had a balance of £100 in credit. They trawled through his account and found his mobile number which they started to ring and try to bully him into giving them my details. He received two phone calls and the latter was a woman who was very rude and aggresive to him and gave away personal details to him about my account.

 

He sent in a detailed letter of complaint as he kept a log of calls and what was said and the names of the operatives.

 

MBNA accepted the Data Protection Issues in the letter and also said their operatives had acted wrongly and would be dealt with by internal review.

 

I still have the original letter in a safe place!.

 

They also sent a cheque for £100 as compensation.

 

They have never contacted me directly in relation to these problems.

 

I am feeling much better now and I want to fight back.

 

Do I have a case to fight in court in my own right on Data Protection. And if so what would be the going rate of compensation to ask for?

 

Thanks

 

Willow X

[Pinky69]

To claim damages in court you would have to prove the extent to which this breach of your data affected you. Monetary loss? Distress to the point of requiring medical treatment? MBNA admitted their wrondoing, paid £100 to your husband and had an internal review of procedures. I complained once to the Information Commissioner about a breach of data and they said they would advise the company on steps to take to make sure it didn't reoccur - that was all. I don't think a court would award damages unless you could prove they consequences of the breach were severe and they would take into account that the person in receipt of your data was your husband.

[Guest HeftyHippo]

now worth trying.

 

if you look at the ICO website, you will see the decisions they've come to. Most consist of the culprit making an 'undertaking' ie, promising not to do it again. Very few 'enforcement' actions are taken, and at the moment, they dont have the powers to fine them (but will soon)

 

as a result, MBNA could show the ICO they have taken actin, emailed the manual to everybody, spoken to those concerned and told them not to do it again. Thats effectively more than the ICO would ask, AND you got £100.

 

As Pinky says, you would have to show a loss of some kind to get compensation. Did you have any financial loss? Time off work? No, probably not, so no damage or loss suffered therefore no compensation

 

However, what was the £100 for and who for? You say they didnt contact you, and you didnt make a complaint. Perhaps the £100 was for your OH for his inconvenience at the phone calls, In that case, you could make a complaint to MBNA about the breach of your confidence... depends on if your OH wrote on behalf of both of you or just himself