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Arrow, MBNA, BAnk of Scotland court papers. Help needed

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Hi

 

I have been following this forum for a while and need some advice.

 

Last year after a sales call from mbna, I asked verbally for no further calls to be made and for them to stop phoning. This year due to the current market, my income fell and I could no longer afford payments. I started receiving a number of calls from mbna. Each time I asked them to stop calling on my phone, and to put any correspondence in writing.

 

On the 27th April I wrote to them using the data protection subject access request. I also asked them in writing to stop calling. I have since written to them and asked them again to stop calling after one of their representatives stated that they could call me anytime on my phone despite my request for them to stop calling.

 

They wrote back and asked for £10 to provide the information requested under the data protection act. They finally sent thistome on the 1st of July 2009. (Outside the 40 day legal requirement)

 

I have logged a complaint with the information commissioner regarding the fact that they refuse to remove my contact details and have passed it on to aegis.

 

I issued them on the 10th June (received and signed for on the 11th) a request for a copy of my credit agreement and relative documents under the consumer credit act (sections 77- 78). In the information they sent me was a copy of my application which they claim is the credit agreement. I have attached this, along with a copy of their reply to my complaint about my contact numbers not being removed. There was no oriiginal terms and conditions or anything else relating to my consumer credit act request.

 

Any advice or counter letter would be appreciated. To date they still keep calling me and sending me their postcards saying they will be calling me.

Edited by slick132
Corrct contents of title; removed attachment showing personal data

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On the 27th April I wrote to them using the data protection subject access request. I also asked them in writing to stop calling. I have since written to them and asked them again to stop calling after one of their representatives stated that they could call me anytime on my phone despite my request for them to stop calling.

 

They wrote back and asked for £10 to provide the information requested under the data protection act. They finally sent thistome on the 1st of July 2009. (Outside the 40 day legal requirement)

 

I have logged a complaint with the information commissioner regarding the fact that they refuse to remove my contact details and have passed it on to aegis.

 

I issued them on the 10th June (received and signed for on the 11th) a request for a copy of my credit agreement and relative documents under the consumer credit act (sections 77- 78).

 

With the information request letter under the data protection act data access request, they said that they could not retrieve the original credit agreement.

 

I have attached the letter, along with a copy of their reply to my complaint about my contact numbers not being removed. There was no original terms and conditions or anything else relating to my consumer credit act request.

 

To date they still keep calling me and sending me their postcards saying they will be calling me. They are outside the 12 (+2) days for a copy of the original credit agreement to be sent. Do I wait a few more days for the calender month to finish or be nice and write to them before that time.

 

Any advice or counter letter would be appreciated.

Edited by slick132
attachment removed re personal data

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Hi from my own experience with MBNA do not believe a word they say on the phone, you will be told any thing to get a payment off you.

 

Have a look at my thread re MBNA you will see what a load of ****** they are. It would seem that you are in the same position I was in. In my case they had purchased all BOS sonycards then taken a copy of just the front of the agreement nothing else and then distroyed the originals.

 

With the document you have posted there are no prescribed terms and as such it is unenforceable under s127(3) of CCA 1974 (not that they will ever acknowledge that fact).

 

http://www.consumeractiongroup.co.uk/forum/mbna/69982-dpick-mbna-capital-one.html

 

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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What should I do in terms of:

 

1) The continual calls from MBNA despite my requests both prior and during my dispute. In the access information they sent, there is a log of all the calls they have tried to make and conversations when I asked them to remove the information. I am in the view that despite both verbal and written requests, they are in breach of my date protection rights by refusing to remove the number and to continue calling me on this.

2) The unenforcable agreement. What should I send to them?

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I'd remove that PDF, pretty damn quick.


“Bankruptcy is a legal proceeding in which you put your money in your pants pocket and give your coat to your creditors” - Joey Adams :D

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Hi RoyGB,

 

I have removed the attachment from your post above - despite your attempts, a lot of your personal data (full address, card a/c no, etc :eek:)was left showing through the paper you used to blank it out.

 

Oh, and you didn't blank out your name at all. Anonymity is a good idea on this forum so keep all this data hidden.

 

I think you owe Going Down a drink for drawing it to the Site Team's attention. ;)

 

Blank out the data with card or thicker paper before re-posting.

Edited by slick132

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Hi RGB,

 

I've removed the attachment from the above post.

 

Your personal data was showing through where you had covered it with thin paper.

 

Please repost with name, address, a/c no, etc. blanked out properly so your data remains secure and you remain anonymous. ;)

 

:cool:


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Hi Roy,

 

Useful letters here - The Consumer Forums - Debt collectors

 

and here - The Consumer Forums - Harassment


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Hi from my own experience with MBNA do not believe a word they say on the phone, you will be told any thing to get a payment off you.

 

Have a look at my thread re MBNA you will see what a load of ****** they are. It would seem that you are in the same position I was in. In my case they had purchased all BOS sonycards then taken a copy of just the front of the agreement nothing else and then distroyed the originals.

 

With the document you have posted there are no prescribed terms and as such it is unenforceable under s127(3) of CCA 1974 (not that they will ever acknowledge that fact).

 

http://www.consumeractiongroup.co.uk/forum/mbna/69982-dpick-mbna-capital-one.html

 

 

dpick

 

What would you suggest I write? I am still getting calls from mbna. They were very kind to send me a record of the calls they have made, despite my repeated requests, both written and verbal, to remove my telephone numbers.

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Hi if you check my thread you will see that the only way that I could stop the calls was by recording them then sending a copy of one of these calls and the harassment by phone letter by e-mail to Donna Pomfrey she is/was head of all legal services at MBNA when I was dealing with them. Other option is to change you phone number make it XDIR and then withhold the number.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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The letter I attached somply states that they cannot find a copy of the cca at this stage. Suggestions of a letter?

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Send MBNA the ' In Dispute' letter -

 

 

http://www.consumerforums.com/resour...ibed-timescale

 

 

Make sure it goes recorded delivery and do NOT sign it


 

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Sent this and yet the phone calls and text messages continue. This was sent recorded delivery and signed for by mbna, but no reply has been given.

 

Need some ideas of what to send next and how to get the debt written off/ or token payment to pay off the account as full and final settlement/ or counter claim for compensation.

mbna25july2copyforpublic.pdf

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Have sent them this letter and yet the phone calls and text messages continue.

 

This was sent recorded delivery and they still have not responded.

 

Have put this on as an attachment as I cannot seem to cut and paste onto any site.

 

Need some ideas of what to do next. Would like ideas of either writimg the debt off/ or token final payment/ or counterclaim against my requests/ compensation.

mbna25th Julyforpubliv.pdf

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You could see if they have added any charges to the account and see if that would offset the debt.


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

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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Any late payment charges and account default charges


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

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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As an update, I sent MBNA a further letter complaining I have not received my CCA and a request under section 10 of the data protection act to remove my data and to stop calling me. Their response. An increase in calls and more threatening letters (The last one saying that from their checks, they have noted I am a homeowner and they may apply for a charge against the home) They have not replied to the contents of my letter, sent recorded delivery.

 

They did send a templated letter today which suggested a partitial settlement may be considered, but no reference to my letter. I am not in the financial position to do this. I am very angry that they have ignored my lawful requests for a cca, removal of my information, they continue to charge interest whilst the account is in dispute and are continuing threats. I feel like counter proposing that I will not make complaints to the oft, ect ect and pursue costs/ compensation of their continual offenses in return for a zero balance.

 

Anyone got any advice? I am getting a it fed up with sleepless nights.

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sorry to hear your having sleeples nights, one thing to remember is it takes time to go through their process i.e. phone calls letters demands last chance another last chance. In the meantime they will do all sorts of dare i say illegal things like not reply, ignore letters etc. Just take a deep breath and continue but don't let it take over your life completely. You have to live also even with this over you most of us have been there and are still there but you need a balance if you can manage it.

 

Everyone is on hear to help, another thing to remember is everything they do illegally will not look in their favour if they take you to court and they know this....hope this helps a little.

  • Haha 1

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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Hi RGB,

 

I doubt your suggested counter proposal will be considered by them at this stage.

 

Next time they call, remind them that you are now recording all their calls to back up your complaint to the regulatory authorities about harassment.

 

Keep a log of all calls with the time and date.


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Hi,

 

Im in the same boat as you roygoodbeat. I also have an mbna account which i originally took out with HFC.

 

You should complain to the OFT regarding the failure to respond to your CCA requests, gives you more ammo for later.

 

Have MBNA advised you that they are contacting HSBC(Beneficials owners) to obtain the original agreement? If so try sending an SAR to HSBC. Check out my thread:

 

http://www.consumeractiongroup.co.uk/forum/mbna/204693-haggis-mbna-enforceable-agreement-3.html


I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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Just received another threatening letter threatening to sell debt to a third party and to register a default.

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Hi RGB,

 

You could adapt this and send it to the new DCA - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Earlier, other posters on your thread have asked if there are any penalty charges or PPI on the a/c, which you can reclaim.

 

What's the position about this. :)


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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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