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OFT slaps MBNA's wrist


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Morning

Just found this whilst trawling MSN . .

http://money.uk.msn.com/news/money-news/articles.aspx?cp-documentid=155533709

 

Lets see what effect it has :-)

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Probably nothing lol...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Don't be so pessimistic babybear

 

"

REQUIRENIENTS IMPOSED BY THE OFFICE OF FAIR TRADING

('OFT') PURSUANT TO SEC'TION 33A AND SECTION 33D(4) OF THE

CONSUNIER CREDIT ACT 1974 ('the Act')

REQUIREMENTS RELATING TO:

MBNA Europe Bank Limited (Consumer Credit Licence Number 363167),

registered office address: Stansfield House, Chester Business Park,

Chester, Cheshire CH4 9QQ

THE OFT REQUIRES AS FOLLOWS:

That as of the 1 January 201 1

1) MBNA Europe Bank Limited shall:

a) maintain its policy that when NlBNA Europe Bank Limited has

established that a customer is in financial difficulties it accepts the

amount that they have demonstrated that .they can afford to pay and

will improve its confirmation letter ('Confirmation Letter') to make this

clearer; and

b) improve the clarity of its Confirmation Letter to advise of the steps

that may be taken, including the fact that MBNA Europe Bank Limited

sends a notice of impending default at least 30 days before it is

registered with the credit reference agencies (if such notice has not

already been given).

2) MBNA Europe Bank Limited shall maintain its policy that if a customer has

requested all future communications should be made to an appointed

representative, including a debt management company, it will deal with

the representative and not the customer. Under this policy, from the 1

January 201 1, NlBNA Europe Bank Limited shall only contact the

customer directly in the circumstances described below (which will be

communicated to the customer upon the representative's appointment):

a) IVBNA Europe Bank Limited may contact the customer directly if:

Requirements relating to MBNA Europe Bank Limited, Consumer Credit Licence 3631 67

9 December 201 0

i) the appointed representative has given permission or informed MBNA

Europe Bank Limited that it is no longer acting as the customer's

representative

ii) the customer has informed MBNA Europe Bank Limited that he or she

wishes MBNA Europe Bank Limited to contact him or her directly, or

that the appointed representative is no longer acting for him or her

b) MBNA Europe Bank Limited may also contact the customer directly to

confirm whether their representative is still acting if all of the following

apply:

i) the expected payment has not been made

ii) NlBNA Europe Bank Limited has attempted to contact the appointed

representative at least three times since the expected payment was

not made; and

...

III) no response has been received from the appointed representative

and at least 14 days have passed since the initial attempted contact.

c) MBNA Europe Bank Limited may continue to send directly to customers

statements of account and any other communications that MBNA

Europe Bank Limited reasonably believes it is obliged to send directly to

the customer under applicable law or regulation.

ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL RENDER

NlBNA EUROPE BANK LIMITED LIABLE TO FURTHER FORMAL ACTION BY THE

OFT. THIS COULD INCLUDE THE IMPOSITION OF FINANCIAL PENALTIES

PURSUANT TO SECTION 39A OF THE ACT AND/OR THE REVOCATION OF

MBNA EUROPE BANK LIMITED'S CONSUMER CREDIT LICENCE PURSUANT TO

SECTION 32 OF THE ACT.

Authorised signatory on behalf of OFT

(Ray Watson - Director of Consumer Credit)

Date..

Requirements relating to MBNA Europe Bank Limited, Consumer Credit Licence 3631 67

9 December 20 1 0"

 

x

 

vic

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Thanks for the follow up vic

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Received this the other day from Robinson Way, the account is in dispute with the original creditor. Looks like they are trying to say there may be identity fraud on the account to get me to ring them regarding the account. What kind of activity could it possibly be? Somebody fraudulently repaying the disputed account off! I'm going to write back mentioning the OFT ruling about miss leading tactics.

r_w_10_12_10_ed.pdf

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Don't contact them. Just let it go and let them send their letters. Makes me laugh that they put on the envelope that it's private and to be opened by the the person named only, but the letter inside says that if you aren't that person you need to...... blah blah.

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Yeah I've had the "what have we done wrong" one too, a classic!

 

Since I've rejected the original debtors response I probably do need to point that out to Robinson Way. As to pointing out the OFT to them, I just think that these tactics need challenging at every turn until DCAs and Debtors stop.

I know (thanks to this forum) of these underhand tactics, but this may trick other people into ringing them where they can try and exert pressure. My whole mess now started when I was defaulted within the timescales and scared into repaying more than I could afford (3 times the original repayment) which had a snow ball effect on my ability to meet other commitments. If I'd known about this site a few years back, I could have done something about it. However, that original DCA and Egg had played by the rules, it also would never have happened. These companies ruin lives, with little fear of comeback or sanction, demanding unreasonable payments, using underhand tactics, not to mention profiteering from PPI, unreasonable charges, high interest etc. Yet, if they played fair, listened, helped people who go through hard times, then they might find that most people are decent and fulfill their obligations to the best they can. Unfortunately, when we screw up they make things worse, when they screw up, they get bailed out.

 

Sorry bit off topic.

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Agreed!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I got one of those of Robbers way - on a Lloyds account I hadn't paid into for 2 years and had at the time been cleared. I ignored every one of Robbers Ways letters and they went away after teh what have we done wrong letter

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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