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    • First of all welcome to the Forum. Do not worry about Drips+ -a dead sheep has more power so do not let them bother you and never contact them. It is a pity that you wrote to PE  which would be perfectly normal, except with crooks like PE  as you may have revealed you were the driver. You have lost the protection of POF A but it is not a fatal. Please do not even think of paying a penny. The amount may go higher in the short term but when the poor dears do not hear from you they get worried ( because they think to won't pay) do they start sending begging letters and reduce the amount owed.I One of the Site Team will be along shortly and give you a template to fill in which helps us to give you the best advice should they not give up. Just complete the form and post up photos of the signs at the entrance to the hotel and others around the car park and the terms on their ticket machine if there is one.
    • HI   You took possession of the Property in 2010 but when did you end the Tenancy Agreement?   Did you give them the required Notice to end your Tenancy?   You mention you paid a Deposit in 2010, was this returned when you ended the Tenancy?   You need to know exactly what they are claiming money owed is for and surprised that solicitors letter does not mention this.   Send the Landlord a Subject Access Request (SAR) asking for 'ALL DATA'  (ensure to send a copy to the Solicitor acting for them as well. 
    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
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barrowby

MBNA...So where do i begin??

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Dear All,

 

I have followed, with interest this site and in particular the MBNA and EGG threads. I have always tried to be "self sufficient" and leave the valuable time for others who I thought may need it a little more than me.

 

Well....I guess my time has come to ask for some help!!!

 

I have an MBNA Platinum card, taken out back in 2009. Due to financial pressures, I have not been able to make the minimum payments (£450) since September 2009 but have always made a token (£100) payment without fail. The balance in Spetember 2009 was circa £15,500. it is now close to £19,000.

 

I have managed to avoid their many attempts to contact me via phone and have in the past few months only conversed by email.

 

I have had all the usual "threatograms" and psudeo offers to help. I have been asked, but never completed, for an Income and Expenditure form as I have read several posts staing that you should not give them any information of this sort. Is this true?

 

So, to date..I have sent a CCA request and received back (within 12 days) a reply the contents of which are in the links below. In additon to these documents is also recieved, a copy of my latest T&C which shows my latest address (not the original address used in the application)

 

I have also been told this week that unless i make a payment of £450ish by month end I will be defaulted.

 

I would like to know if anyone could offer their advice as to the enforcability of this agreement? The question of enforcability seems a little more "cloudy" when compared to say EGG and the "Credit Limit" issue. Do I have the prescribed terms on the front and back of this tear off?...is it the back to my front?..and why did they send me a reconstituted blank tear off slip?

 

I have a few more questions relating to what I was sent and I am looking forward to discussing further.

 

Many thanks in advance to all who help with this site.

 

http://i885.photobucket.com/albums/ac59/barrowby/MBNA/24-05-20101728040001.jpg

 

http://i885.photobucket.com/albums/ac59/barrowby/MBNA/24-05-20101732110001.jpg

 

http://i885.photobucket.com/albums/ac59/barrowby/MBNA/24-05-20101732130001.jpg

 

http://i885.photobucket.com/albums/ac59/barrowby/MBNA/24-05-20101732140001.jpg

Edited by barrowby
Amendment to scan

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any unlawfull charges or ppi to reclaim?

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Thanks for your reply DX!

 

Well....Up until September 2009 i had never missed any payments, always paid at least minimum by DD. Never even used my card from June 2007 forward (can't remember getting a replacement in 2007) despite this the interest rates just seems to continually climb meaning that I was standing still in respect of reducing my balance!...does excessive interest rate count as unlawful!!!

 

I also noticed that my credit limit, initially set at £15,000, was increased to £15,900 and I don't remember asking for this!. Perhaps they needed to increase the limit so that i could pay the increased interest that was being added!!...has anyone else experienced this?

 

To answer you question DX...I think that the only charges added to the account (apart form the usual interest) would have been since September 2010. I also don't remember seeing PPi on the statement...are the unlawful charges those that are over the £12 limit?

 

Thanks for you help.

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no £12 is unlawful too, that was only a guideline level set by the oft.

 

sadly int rate hikes don't count!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Funny, I just got a text from (I presume MBNA)

 

"Can we help? If you would like to take advantage of a short settlement on your account balance, please call today 01244.........."

 

I wonder how short this could be?....I am tempted to call them...but I remember the first rule....Don't speak to these people on the phone!...so I won't.

 

Has anyone else investigated this sort of offer from MBNA?...I would imagine it is not all that it seems.

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if they are offering a reduced settlement it means there is something wrong with either the agreement or the bal they are after includes unlawful charges or PPI.

 

interesting.....

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks DX,

 

I have had a similar text a coupl of times before...just assumed that it is their Standard carrot to get you to call!

 

The other interesting thing is that about a year ago (and for a 6mth period) I was getting calls from MBNA (UK & India) asking if I wanted to swap my credit card balance for a loan (of course at a special rate!) I asked if this was a secured loan and they said that it was only for home owners so yes it was secured. I declined stating that i would prefer to keep my "unsecured loan"!!...they took a while to get the message.

 

Is this something that others where offered?....does this further indicate that a problem might exsist?

 

DX, do you have any comments re the scans that i have attached?...are the prescribed terms contained?

 

Thanks again for your replies.

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I had an old card with MBNA and after being made redundant could not afford the minimum payment.

After 6 months I did speak to them and was offered a f&f of just under 35% with a hint that they may accept less. I was not able to take up the offer as I had no funds so could not accept, but I do know that the CCA would not have been enforcable so I imagine they were looking at something being better than nothing. Like dx100uk I suspect your card would be similar.

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thats an application form is it not that you returned after signing?

 

if so thats why

havea look at what the others have said in a few threads.

i dont think that holds water.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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As MBNA are threatening to default me at the end of the month unless I pay them more than I can afford!....would I be best to send them a letter putting the account into dispute in respect of the documents (as shown in post #1) which they believe complies with my CCA request?

 

I know that they will claim they never got it...even though it will eventually show up in a SAR!!....but at least I can put another layer of proteciton in for myself.

 

Anyone with any thoughts?....also a pointer to the appropriate template would help. I have found a few on here but would apprieciate some guidence re the most effective one to send.

 

Thanks

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if others are saying the app form does not comply to the cca request then send whatthey sent.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks DX, I have been looikng round the site for a suitable template to adapt...i found this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

but (without wishing to offend the author!) it seems a little weak. I am sure that it have seen a more comprehensive one...just need to find it!

 

I also have a question re Income & Expenditure forms, MBNA have sent me one (by email) and continually ask me to complete it before they can "Help" me! Does anyone have any advise as to whether or not this helps/hinders your future position?

 

As I am sure is the case with other on here, mine looks very poor with no surpless cash to spare.

 

Thanks

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you are under no obligation to tell them any of your pers fin dets

only a judge can order that.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Do NOT complete the Income & Expenditure forms. These are for MBNA to gather additional information on your finances to determine whether litigation would be prudent in the recovery of your debt (or to assist in a valuation should they choose to sell your debt to a third party). They are sent under the guise of "help" in the hope that you will answer these accurately and truthfully. DO NOT COMPLETE THESE FORMS!!

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Thanks Hurricane......I was not keen on giving them any ammunition!!

 

Does anyone have a suggestion of a dispute letter (as mentioned in post #10) for a dodgy CCA reply?....I would like to get it on to their desks before they DN me (well that is this months threat to get some money out of me!!)

 

I would imagine that once they feel that they are dealing with someone wsho is not going to roll over....they can't wait to sell the debt and hopefully, for me they mess up the sale/DN process.

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Thanks Hurricane......I was not keen on giving them any ammunition!!

 

Does anyone have a suggestion of a dispute letter (as mentioned in post #10) for a dodgy CCA reply?....I would like to get it on to their desks before they DN me (well that is this months threat to get some money out of me!!)

 

I would imagine that once they feel that they are dealing with someone wsho is not going to roll over....they can't wait to sell the debt and hopefully, for me they mess up the sale/DN process.

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Dear All,

I want to send the following letter to MBNA ahead of the impending DN that they are threatening!

 

I am working on the basis that this will work in my favour by putting the account formally into dispute. I apprieciate that they will ignore it and probably accelerate their actions against me (bet they get hundreds of these letters and ignore the lot!)

 

This could then lead me along the incorrectly issued DN/termination track which (whilst is would not wish to happen) will at least get some direction as opposed to the continual threats that I (like many others seem to get!)

 

I have pasted the template that i found below and marked a question that I have in red. The template seems to be from 2008 and whilst reading it it would appear to be still relevant I would be greatful for any comments/updates that any of you may have. Also if this is the correct letter to send?

Formal Complaint

Letter Before Action

 

Dear Sir/Madam,

 

I do not acknowledge any debt to your company.

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference. You have failed to comply with request, and as such the account entered default on **DATE**.

Is the date that the account entered into default the 12+2 CCA date?...or the date the letter is sent?

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Further more I am also of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

Edited by barrowby
Removed font/script notes

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Ok, so an update to my position. I received a DN from MBNA on the 10th June which was dated 4th June. They have asked for what would appear to be only the arrears by the 22nd June. By my calculations (and other comments on CAG) it is 2 days short and therefore incorrect.

 

As it arrived before i could send an Account in dispute letter I am unsure what to do next! Do I...

 

a) send an account in dispute as the template in the post above?

b) wait to see what happens next i.e who will it be sold to...and will it be sold before the DN deadline?

 

Is the fact that the only issue with the DN is the 2 days short (as opposed to them also asking for the full balance) enough to stand my ground?.....has anyone successfully this as a defence?

 

I will not be near a scanner until tomorrow so will post the DN then but it is the same as NPMBNA's notice as shown at http://www.consumeractiongroup.co.uk/forum/mbna/262717-mbna-dn-issued.html

 

Thanks

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Have you kept the envelope the DN came in ?

 

If so, please can you describe the postage mark.

 

If you haven't; go and find it.


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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listen..

 

it dont matter what you do.

the debt still exists

but its obv got ppi/charges/no agreement etc

as they would not offer a short settlement if they had the legs to enforce the whole amount.

 

i'd sitback and wait for it to be sold on.

 

then offer the dca 15% F&F as long as they remove ALL neg CRA info

if not, £1 PCM till the cows come home.

 

might not be an idea to offer MBNA that.

 

there is something wrong, see if they play teir cards now.

 

but i wouldn't send the deny any debt etc letter....as you clearly do/have had the money.

 

they look stuffed

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi DX100

 

just want to check that your reply was meant for me!

 

You mention obv got PPI....well i have never had PPI on this account

 

You also mention a short settlement....again, i have never had a short settlement.

 

And finally i was not sending a deny any debt letter but mearly a letter disputing the validity of the agreement sent to me as a result of my CCA request.

 

I am not doubting or questioning your advice....on the contrary you have been very active so far.......it just did not read correctly to me.

 

Thanks

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the letter in post #10 says 2nd line?

ok on ppi

....but i was guessing why they are offering short settlement as in post #5

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Have you kept the envelope the DN came in ?

 

If so, please can you describe the postage mark.

 

If you haven't; go and find it.

 

 

yes....still got envelope......in fact kept (and dated) every one i have ever received from MBNA.

 

It is a UK Mail and has an S on it. Reading various posts this would appear to be 2nd class and therefore 4 days delivery time.

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the letter in post #10 says 2nd line?

ok on ppi

....but i was guessing why they are offering short settlement as in post #5

 

dx

 

 

da.....you are totally right.......I should have read back on my post and remembered their little text to me!

 

It just disregarded this as a ploy to get me to call them as opposed to a valid Short Settlement.....

 

With regard to the PPI...as I said, I have never had it on this account.

 

So just to clarify.......... If and when MBNA sell this debt to a third party.....I basically have to start all over i.e. With a CCA to third party and then when they send me the poor effort of an agreement I can then send the dispute letter??

 

Do I also SAR MBNA once i am contacted by the purfchaser of the debt......this allowing me to establish from the logs exactly when the debt was sold off??

 

Thanks again dx for you help.

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they should send a notice of assignment the dca that is but rarely does this happen with mbna.

they follow thir own rulebook....none!

 

i wouldn't bother sending anyone any more requests for anything.

if a dca gets in on their books, then offer a very very low fnf say 10%

if they dont like nor will remove all neg info.

then its £1 pcm, like it or lump it.they cant go to court so they're stuffed.

 

deal on your terms and take control

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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