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Rosie vs MBNA - Advice needed


rosierose
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  • 2 weeks later...
Update.

 

Trading Standards have been informed of the breaches of the DCA under the CCA (non-compliance with s78 request), Administration of Justice Act (debt harassment), Malicious Communications Act (causing alarm/distress in letter) and seem to agree with my interpretation of the law.

 

The DCA have been informed of the relevant offences and breaches and I await their reply.

 

Incidentally, I spoke to a consumer law solicitor a while back who confirmed current thinking here, i.e., that once an offence has been committed by a creditor under sections 77-79, 110 etc., of the CCA that enforcement by a court was not common and that repayment of money paid by a debtor was a more likely outcome.

 

Rosie, would this last paragraph apply even though they provide the agreement outside the 12 days + 1 month limit ?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I have to agree with a lot of what you say Rosie, I'm not overly impressed with the knowledge or understanding of some so called experts.

 

Until such time as we find some that do know what they are talking about I guess it's business as usual and put these matters before a judge in court.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Guest Battleaxe

Rosie,

 

This is is interesting . MBNA are sailing close to the Death Zone regarding my CCA on our credit card. Maybe this is why all the threatening letters have ceased.

 

Oh how silly of you to send your s78 request to the wrong office, they will try anything.

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Rosie is the DCA in question here either Link Financial or Asset Link Capital (no1). If so and you have any information about either of them can you email it to me please. You have my private email address I believe.

 

This crowd of muppets are already in my sights and heading rapidly into my version of Battleaxes death zone.:D

 

Quick update.

 

Trading standards rang today regarding the DCA s78 offence.

 

He was a bit unsure of the meaning of the s189 definition of "creditor," and whether I should have sent the CCA request to MBNA rather than the DCA. I contended that only "the rights and duties under the agreement" can possibly confer the right to enforce a debt and as such it was sent to the correct company.

 

He didn't really know but has passed the matter to the OFT for clarification; who are currently investigating our friends at Link Financial on "a number of matters."

 

Oh yes... Letter sent by the DCA claiming I made the s78 request to the wrong office. I wrote telling them they are a body corporate and responsible under the Act.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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  • 1 month later...
  • 2 weeks later...
me too!

 

Me too!

 

Wotcha Bird!!!!:D

  • Haha 1

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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ha! - knew Corn would jump on this MBNA bandwagon. (Hey I've gone platinum now:wink: )

 

We're an enthusiastic bunch!!!!:D

 

What do you have to do to get green blobs?! I've only got one and am a bit jealous!!!!:o

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Guest Battleaxe

Don't worry about your scales being clicked. I have about 271 rep points and only three emeralds. I don't mind. I am willing to share what I have learnt, I am willing to help people as people have helped me. I know someone tried to get some emeralds for as person and this led to war of words, feeling got huirt and these people don't seems to post as often.

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Well, I've got three! So I must be very important and you must all do as I say :p

 

 

or you'll scweam and scweam and scweam until you're sthick!!!:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I've only got 1 as well:( We're obviously not helpful enough or we're nor asking people to click our scales!

 

Well I would have to beg to differ Bird! Shocking! I think we are very helpful and often bring frivolous rudeness to threads!:D

 

Nudge.......get Rosie........:rolleyes::D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Share on other sites

Don't worry about your scales being clicked. I have about 271 rep points and only three emeralds. I don't mind. I am willing to share what I have learnt, I am willing to help people as people have helped me. I know someone tried to get some emeralds for as person and this led to war of words, feeling got huirt and these people don't seems to post as often.

 

BA, thanks for the click! I feel like a petulant child now!:lol:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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