Link and MBNA CCA return

[penmarine]

Hi got a reply from Link today with a CCA reply it was originally signed in 2000, on looking at them they look like an application form rather than a CCA, but I am ready to be corrected. Can someone have a look, as I cannot see prescribed terms on the main document and there is no signature block from any MBNA representative either. The links are below:

 

http://i783.photobucket.com/albums/yy115/penmarine/link20001amended.jpg

http://i783.photobucket.com/albums/yy115/penmarine/link10001amended.jpg

http://i783.photobucket.com/albums/yy115/penmarine/link30001amended.jpg

 

Any help greatly appreciated, as I don't know what to write back to them in unless the attached is pukka. Ta PM

[Bazooka Boo]

You are kidding right?

Tell me that that is just a very bad scan of the documents? I can barely, if at all, make them out!

IMO they are illegible for a start so on that basis alone I would dispute this, and I haven't even begun to look for errors, hurts my melon head too much!!!

[penmarine]

No its not bad scanning the documents are that bad in real life, I can make out most of the first page of the "agreement" or application form but the second page is illegible.

[Bazooka Boo]

In that case it is unenforceable, and you can dispute it! And IS STILL CAN'T FIND THE DAMN LEGISLATION I WAS LOOKING FOR!!!! AAAggggggghhhh:frusty:

[penmarine]

Alright BB, was looking at the Application form (in my eyes) there are no prescribed terms on the first page, no MBNA rep signature, and it quotes "see T&C Condition 11 regarding processing my information",

 

on looking at condition 11 on page 2 from what I can make out it bangs on about monthly repayments and interest, I think, nothing to do with processing my information???

 

Are these more reasons to put the account into dispute again for my final letter, they won't be getting another one?

 

I'm looking forward to dealing with these coneheads I think, if they can get me to court, I'd give them a medal for a starters!

 

Might use PTSD as a defence, lol!!! PM

[ScarletPimpernel]

Their letter is deliberately misleading as the documents they've sent do not meet their obligation under s.77/78.

 

Where's the statement of account?

 

It's not unusual for MBNA docs to refer to the fabled para 11. MBNA appear to have only kept copies of the front of the docs, and they send a later version of the back. Of course, to comply properly they have to send the 'original' as it was at the time of issue, and any updated version.

[ScarletPimpernel]

Their letter is deliberately misleading as the documents they've sent do not meet their obligation under s.77/78.

 

Where's the statement of account?

 

It's not unusual for MBNA docs to refer to the fabled para 11. MBNA appear to have only kept copies of the front of the docs, and they send a later version of the back. Of course, to comply properly they have to send the 'original' as it was at the time of issue, and any updated version.

[penmarine]

Hi SP, SoA not had one, didnt come with the other paperwork and not had one through the post either, and I've had SoAs for other accounts. Is this a problem for them or me? As I'm just in the middle of prepping my reply. PM

[ScarletPimpernel]

It's their problem; they haven't properly complied with your CC request. That, and the illegibility is plenty to put it into dispute.

[penmarine]

Guys and Girls. Does this letter look good to send to Link in regard to the last few post? I couldn't find the legislation to quote about illegible credit agreements.

 

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

Thank you for your letter of ddmmyy, the contents of which have been noted.

I wrote to you on ddmmyy requesting a true, signed copy of any credit agreement that exists in relation to the above accounts. This is my right under Sections 77/78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included as a cheque with my original request and has been cashed.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document, the default date was ddmmyy. Should they fail to do this, they have a further calendar month (ddmmyy) to rectify this default. Failure to comply within these time scales is a criminal offence. The Account was placed in dispute on the ddmmyy and this letter was signed for on the ddmmyy.

 

Both of these deadlines have now passed and you have not fully complied with my original request. You may be under the impression that the request was made under Section 77 or 78 of the Consumer Credit Act 2006 and you have fulfilled your obligation. The request was made under the terms in the second paragraph and you have woefully fell short of your obligations. This account is now seriously in dispute until my original request is fulfilled.

I have not included any further copies of previous paperwork as I would expect your company to have kept the original paperwork sent.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. I also point out that current legislation states that any copy of a Consumer Credit Agreement must be legible, the agreement that was sent to me was illegible. This will be a complete defence to any court action that you may consider taking.

I will not enter into any further dialogue in this matter until you fully comply with my original request. Consider this my final letter in the matter.

I have forwarded a complaint to your local Trading Standards, OFT and FoS in regard to your blatant disregard for the rules and regulations that Debt Collection Agencies are to adhere too.

Yours

 

Mr Penmarine

 

Cheers Caggers PM

[ScarletPimpernel]

Take out the bit about the criminal offence. This was repealed some time ago.

[penmarine]

Take out the bit about the criminal offence. This was repealed some time ago.

Will do Cheers SP will get it off tomorrow. PM

[penmarine]

Hi Caggers, I'm just about to send a s^%togram to MBNA in regard to a failed SAR (40 days was up today) as per ICO guidelines. The letter I've drafted is below, am I being a bit generous giving them 14 days grace before I escalate to the ICO with a formal complaint?

 

Address Here

MBNA Reference Number:

I wrote to you on DDMMYY requesting you supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time. The request was sent recorded delivery and signed for on DDMMYY by a Mr S Stapley.

I requested disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access was not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there had been any event in the account history over this period which has required manual intervention by any member of your staff, or any other person, I required disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

You were also requested that if you are unable to supply this data because there has been no such manual intervention, then this was to be confirmed in writing to myself, I have not received any such confirmation.

 

You had 40 calendar days in which to comply from receipt of my request, the deadline being the DDMMYY, which has now passed. You have failed in my request, and therefore broken Data Protection and ICO regulations.

I will allow another 14 days from the date of this letter, for you to process the original request. This will be my final letter in regard to this matter, before I pass a formal complaint to the ICO, TS in your local area and my local MP.

I hope to hear from you soon regarding the above with the requested information.

Yours faithfully

 

As always your thoughts and help are much appreciated.

[Bazooka Boo]

No 14 days is the norm I believe, make sure you put on the header "LETTER BEFORE ACTION"

[ScarletPimpernel]

I'd redo the final paragraph:

 

You had 40 calendar days in which to comply from receipt of my request, the deadline being the DDMMYY, which has now passed. You have failed to comply with your legal obligations. If you do not comply fully and properly by (date 14 calendar days later), I will, in addition to making a formal complaint to ICO, seek an order in Court for you to comply, together with damages at the Court's discretion.

[penmarine]

BB and SP thanks for the response towards MBNA. I got a letter off them in the post today regarding my SAR request, it reads as follows:

 

Thank you for your recent information request under Section 7 of the Data Protection Act 1998.

We note your comments regarding your address. However, due to the sensitive nature of the information included in our response, the documents have been forwarded to your registered home address.

Your Sincerely

MBNA EBL

 

Now I have a problem, One - they have mugged me off on the address and sent it to my registered home address! I'm taking for granted that will be the registered home address when I had the credit card. If so, that was over 8 years ago and they have sent it to somewhere in the South of England where I do not live anymore!!! Where do I stand on this one as they have clearly sent my sensitive information to someone that is not going to be me? They must have breached some law or regulation especially as their dogs of war (1st Crud) don't seem to have a problem sending me crapograms to my current address.

Any advice welcome as I'm due to go away for 4 weeks and I want to get a letter off to whoever I complaint too, I was thinking the ICO anyway as my previous post about MBNA, as I'm not paying anyone until I see NoAs, DNs etc from MBNA. I'm then out the country until November this year aswell, so it's not looking good for MBNA (and 1st Crud/Link they are working for MBNA). I just don't want the wife getting threatograms when I'm away, as where I'll be going the post doesn't come along to often. When I'm finally back I'm more than happy to take MBNA to court for the release of my information to an old registered address. I just want to get the ball rolling before I go away.

Cheers PM.

[Bazooka Boo]

What imbeciles!

IMO you should use their complaints procedure, and state that the address where they have sent this 'sensitive' information is wrong, and that they know full well what address they are required to send it to, for their incompetence and intent on making the whole process as painful and slow as possible, they have 14 days to correct this and send your 'sensitive' information to the correct address, for their ineptitude you have complained to the ICO who will investigate the matter.

Unless of course they are in fact talking about sending it to your current address?

 

When your away just get your OH to put them in a drawer, print off a couple of copies of the telephone harassment letter for her, whilst your away, also the 'doorstep collection' letter just in case, unless your in MQ's behind the wire...

[penmarine]

 

BB the MQ isn't behind the wire, they will be hard pushed to with a doorstep collection though. They can try I think it would cost too much money to get to the country I'm in and two they will probably end up at the registered address in the UK! I'll get a letter off tomorrow to both MBNA (will have to find their complaints department address) and to the ICO. I can see this dragging on for sometime as when I asked for my info they probably haven't sent everything, only one account (I had a loan and CC with them). It will probably be SB'd the time they get their fingers out. Don't think I'll be doing much banana stuff with these muppets the place I'm going soon.

[Bazooka Boo]

Well TBH if they are playing silly buggers with this, then they clearly are not bothered if they get their money or not!

You would think that if they had any real intention of pursuing this then they would bend over backwards to furnish you with the correct docs when asked.

If they can't be bothered then why should you?

[penmarine]

Alright BB, the alleged debts have been with DCAs for nearly 8 years, this could be the reason for sending to the wrong address. Do you think it is worth writing to them still or leave it? As I know I'll get the old DCA letters again (not that they haven't stopped, I just ignore them). I just want to know if the DCAs have the legal or any right to chase the alleged debt on MBNAs behalf (NoAs, etc) because when I SAR'd the DCAs they didn't send me any letters of assignment authority etc. And to be honest the Default has fell off my credit file (over 2 years ago), so I know it cannot be put back on there. PM

[Bazooka Boo]

The only issue I can see is that SAR normally go to the OC, and not the DCA as most are only acting on behalf of their 'clients' and won't have the information.

8 years! That must surely tell you, that if they were ever really going to do anything, then they would have done so by now, if they have not obtained a CCJ in this time then they are not really fussed about getting money, they are just going through the motions, making all the right noises, but clearly have little to no intention of pursuing this legally through the courts.

I would use their puerile threatogrammes to paste up a Fig12...

[penmarine]

Hi BB, I did SAR the DCAs but I also SAR'd MBNA (the OC on two seperate accounts) at the same time to see what I would get back. What I got off the DCAs was not worth the paper it was printed on and it consisted of 99% of the paperwork that I had sent them since finding this forum (and their replies). So I double tapped and did MBNA aswell and got my letter that I posted yesterday. I have come to the conclusion that I will reply to MBNA and complain to the ICO. At the end of the date I only want to see a copy of the Notice of Assignment to the DCAs and copies of the CCAs to marry them up with what I got sent off the DCAs last year. If it ain't there I can mug them off and they can pass it back to MBNA, whom I can mess around with before they pass it to some other DCA. They have p£*^ed me off with sending my info to the wrong place. PM