Cap1 & CCA return

[maybelline]

sorry to pop in here, Peter, can you answer this - I have to take a change of Particulars form into court, N244, because GE Money (written without the word servicing)have said they do not exist, but are GE Money Servicing ltd, who administer ac for IGroup (formerly ocwen), my payments appear on my bank statements as going to GE Money Servicing ltd so it is them surely that I am claiming the unfair charges back from?

[Peterbard]

Sorry!

I had to take the dog's out, cook dinner etc. and I have only just had time to look at the doc., that you have typed out-

 

 

Hi AC. Sorry but I had an unexpected trip to the sea-side yesterday:) I needed it!

 

The ticked boxes are dated 18-9-06. I was quite surprised that no one else commented too! I wasn't sent anything else by MBNA except the card, and I don't know what T&C's 4-16 are because I have only seen

1-3.

There are a few things that are bothering me though-

1) I only applied online, I didn't agree

2) This is obviously an online printout as it refers to links

3) They could've put anyone's name on the top of this thing! How is a ticked box proof that I've applied and/or agreed to anything?

 

So basically what's there to stop MBNA putting YOUR name on one of these things? A couple of ticked boxes and you owe them £xxxx, whatever they decide? They must still need some kind of proof that I applied and agreed mustn't they?

Hi

They would say that you were sent cancellation details as per the dma or secton 62 via post or e-mail and you didn't cancell if they didn't you have a case under section 127(4) for unenforceability.

 

Regards

Peter

[Peterbard]

sorry to pop in here, Peter, can you answer this - I have to take a change of Particulars form into court, N244, because GE Money (written without the word servicing)have said they do not exist, but are GE Money Servicing ltd, who administer ac for IGroup (formerly ocwen), my payments appear on my bank statements as going to GE Money Servicing ltd so it is them surely that I am claiming the unfair charges back from?

HI

Ther are far better people on here to advise you on bank charges but in my opinion yes it would be GE money servicing your are claiming made the unfair charges on your account and therfore are chasing for a refund.

Regards

Peter

[monopoly23]

Hi peter thanks. If that's the case, who's responsibility is it? Theirs to prove they posted me it, or mine to prove I never got anything but the card?

[rippedoffagain]

Hi peter thanks. If that's the case, who's responsibility is it? Theirs to prove they posted me it, or mine to prove I never got anything but the card?

 

You can't prove a negative monopoly23.

[Peterbard]

Hi peter thanks. If that's the case, who's responsibility is it? Theirs to prove they posted me it, or mine to prove I never got anything but the card?

HI

The cancellation details may have been included with the Tand C's when the card was sent if not.

The burden of proof is always on them but if you have used the card a judge may say if you didn't wan't it why did you use it.

If you are saying that the sent you an unrequested card than they have commited an offence under section 51 of theACT.

 

Regards

Peter

[Peterbard]

sorry to pop in here, Peter, can you answer this - I have to take a change of Particulars form into court, N244, because GE Money (written without the word servicing)have said they do not exist, but are GE Money Servicing ltd, who administer ac for IGroup (formerly ocwen), my payments appear on my bank statements as going to GE Money Servicing ltd so it is them surely that I am claiming the unfair charges back from?

HI M

 

Coincidentlly i just opened my mail and there was a mail shot from GE Money asking me if i want a loan.Slippery b****rs arnt they the number is 0800 072 4981 perhaps you ought to ring them and tell them they don't exist.

 

Regards

Peter

[maybelline]

HI

Ther are far better people on here to advise you on bank charges but in my opinion yes it would be GE money servicing your are claiming made the unfair charges on your account and therfore are chasing for a refund.

Regards

Peter

thanks, I thought it had to be them, how silly it is, they say they have no contract with me!

 

you are right there are some excellent minds on this thread!

[BLADES65]

Received a CCA reply from 1st Credit/MBNA enclosing a single side A4 sheet. All unreadable apart from hand filled in info. Also what appears to be a label with my name and old address typed on.

 

I've blurred personal details.

 

[angry cat]

HI

Ther are far better people on here to advise you on bank charges but in my opinion yes it would be GE money servicing your are claiming made the unfair charges on your account and therfore are chasing for a refund.

Regards

Peter

 

If this helps the registered address for

GE Capitol Bank Limited is:-

6 Agar Street

London WC2N 4HR

 

FSA # 204572

 

GE Money

Malvern House

Croxley Business Park

Watford

Herts

WD18 8YF

 

FSA# 304175

 

Love AC

[ncf355]

Received a CCA reply from 1st Credit/MBNA enclosing a single side A4 sheet. All unreadable apart from hand filled in info. Also what appears to be a label with my name and old address typed on.

 

I've blurred personal details.

 

 

LOL

 

 

And what, exactly, do they think that is supposed to be

 

IMHO, bu**er all chance of a court enforcing that one

 

[angry cat]

What is the agreement meant to be for, it states visa?

Looks like a loan application?

or is it a cc application form?

 

The doc. is almost illegible, is that just due to your copy, or is this how it was sent to you.

 

Perhaps, you could scan or ,shoot a pic of the doc. and then photobucket it, therby obtain a clearer image.

 

AC

[Guest Battleaxe]

Looks more like an Application to me and they will have a hard time in court, but this is par for the course with MBNA, faxed copies of applications forms and completely illegible.

[BLADES65]

What is the agreement meant to be for, it states visa?

Looks like a loan application?

or is it a cc application form?

 

The doc. is almost illegible, is that just due to your copy, or is this how it was sent to you.

 

Perhaps, you could scan or ,shoot a pic of the doc. and then photobucket it, therby obtain a clearer image.

 

AC

 

Hi AC,

 

It's a MBNA Visa Card account. The picture is a high res (10 megapixel) pic of the actual doc sent so what you see is what I got.

 

Like you said it's illegible.

 

What should I do now. Their 12 + 2 days are up and they are 10 days in to the 30.

 

Thanks

[noomill060]

Do nothing until the 30 days is up.

[BLADES65]

Do nothing until the 30 days is up.

 

After the 30 days what's the next step?

[noomill060]

Its up to what you want to achieve.

 

Stop paying the alleged debt off Get the alleged debt written off, make the alleged debt unenforceable, get all the interest back that you paid or just lie low in the knowledge they cant hassle you anymore.

 

I'm in the same situation. Havent been hassled since the 12 days expired. that was last November.

 

Ive now got up enough courage to try to get it all written off and get all payments made to them returned.

[Jeff2000]

After the 30 days what's the next step?

 

 

Hi,

 

 

You could go down the "reporting to OFT and Trading Standards" route!

 

Then you could write to 1st credit and tell them what a load of SH*** they have sent, now can you have a proper one!

 

 

Best wishes, Jeff.

[lookinforinfo]

Under s.61 [1][c] that for the document to be properly executed it must be

readily legible.

I am unsure that by sending you a copy that is pretty illegible is grounds

for you to claim that they are now in default. Since were the document the

actual executed agreement, then they do have it in their possession-unlike

many other companies. So not to ask for a legible copy, which is your right,

may count against you when going for unenforceability.

That is just my opinion- I could be wrong. But it might be worth pointing out

to them that your copy is unintelligible and could they please send one that

you can understand.

Then, if they don't respond, or send another similar illegible copy, you have

stronger grounds to argue the case. Of course it may be that they only

have the application and are trying to disguise the fact.

[wednesday1867]

Its up to what you want to achieve.

 

Stop paying the alleged debt off Get the alleged debt written off, make the alleged debt unenforceable, get all the interest back that you paid or just lie low in the knowledge they cant hassle you anymore.

 

I'm in the same situation. Havent been hassled since the 12 days expired. that was last November.

 

Ive now got up enough courage to try to get it all written off and get all payments made to them returned.

 

 

I cca's MBNA theyve had their 12 working days and are 11 off offending.

 

If they do commit the offence, is it possible to get the balance wiped and the interest returned?

[pudsters14]

Hiya guys - can you please have a look at my new thread, Mitzbag vs MBNA. This is for a friend of mine and his CCA request.

 

Another example of terrible CCAs

 

Please leave me some comms as I would like your expertise to pass onto my friend!

 

There's a little bit of an update about me too... arrrr

 

http://www.consumeractiongroup.co.uk/forum/general-debt/95689-mitzbag-mbna.html#post883866

 

 

Many thanks

 

Pudsters14 x x x

[lookinforinfo]

I cca's MBNA theyve had their 12 working days and are 11 off offending.

If they do commit the offence, is it possible to get the balance wiped and the interest returned?

 

 

It probably depends on how you play it Wednesday.

Should they get as far as committing the offence, while you can threaten

to report them as a stick to beat them, if you want the debt written off, you

are probably better off not reporting them.

Get them to write to the debt off in exchange for not reporting them might

work if you word it right-ie don't make it look like blackmail. To a certain

extent it may depend on the size of your debt as to whether they would

consider a write off. Under £2500 and you should have chances.

Getting money back is more problematic, not to say very unlikely.

You will be saying on the one hand that you do not acknowledge the debt

and that it is unenforceable. On the other hand you are askiing for interest/

money back for a debt that you say they cannot prove exists.

You are trying to square the circle methinks.

[ncf355]

Under s.61 [1][c] that for the document to be properly executed it must be

readily legible.

I am unsure that by sending you a copy that is pretty illegible is grounds

for you to claim that they are now in default. Since were the document the

actual executed agreement, then they do have it in their possession-unlike

many other companies. So not to ask for a legible copy, which is your right,

may count against you when going for unenforceability.

That is just my opinion- I could be wrong. But it might be worth pointing out

to them that your copy is unintelligible and could they please send one that

you can understand.

Then, if they don't respond, or send another similar illegible copy, you have

stronger grounds to argue the case. Of course it may be that they only

have the application and are trying to disguise the fact.

 

 

LFI,

 

(Pleeease take this with the lighthearted edge that is intended )

 

I know you like playing devils advocate, but even with the extremely poor quality of thatd document, it is quite clear it is an application form and also lacking prescribed terms so they wouldnt have an ice cubes chance in hell of enforcing this

[wednesday1867]

Lookingforinfo my balance is around £3800, i am looking to wipe the debt, if and when the time comes.

 

I'm about to send a non compliance regarding the S.A.R - (Subject Access Request), when i receive the statements, im going to add up the charges and say, i alleged owe you x, you owe me y through illegal charges, you cant produce my agreement, so the debt is not enforcable, so if they wipe the rest and remove all the stuff from the cra, ill be happy. Obviously id be happy to turn the knife and receive a cheque too, but firstly is to get the account zero'd.

 

i was on the underdstanging that MBNa cant make a profit from an unenforcable debt? So if i added up all the spending and took away all the payments, could i not reclaim the difference as this would be their profit?

 

Its all on my thread

 

http://www.consumeractiongroup.co.uk/forum/mbna/84974-wednesday1867-mbna.html

 

Cheers for the info and any reply to my thread

[BLADES65]

Under s.61 [1][c] that for the document to be properly executed it must be

readily legible.

I am unsure that by sending you a copy that is pretty illegible is grounds

for you to claim that they are now in default. Since were the document the

actual executed agreement, then they do have it in their possession-unlike

many other companies. So not to ask for a legible copy, which is your right,

may count against you when going for unenforceability.

That is just my opinion- I could be wrong. But it might be worth pointing out

to them that your copy is unintelligible and could they please send one that

you can understand.

Then, if they don't respond, or send another similar illegible copy, you have

stronger grounds to argue the case. Of course it may be that they only

have the application and are trying to disguise the fact.

 

With respect haven't I already fulfilled my part of the CCA 1974 by requesting a 'true executed copy' and paying the statutory fee.

 

Their duty is to supply a legible true copy which they have clearly failed to do and so are in default.