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Mbna Nightmare!!!!


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Hi everyone,

 

Quick up date RMA gone very quite, defaulted on CCA request.

 

Now it looks like Golbal Vantedge have taken over as RMA had no joy.

 

Just as a matter of question would it be normal practice to CCA each DCA or does the first CCA request to RMA still stand???

 

Any help please.

 

Rgs

 

Cashin-:D:confused:

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In my opinion cashin, it's worth cca'ing all involved - just to see what you get back.

They could all end up pointing fingers and tying themselves up in knots for just a pound!

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Global Vantedge have been on to me about chasing payment from MBNA - when they do catch me all I say is "Account is in dispute - goodbye" and put the phone down.

 

I have just drafted a letter to their UK office today, more to cover my own backside, than theirs. If they carry on harrassing me and if they dare mark my credit report - I'll take both them and MBNA to court for damages.

 

I am writing in relation to the quantity and frequency of telephone calls and text messages that I have received from your company, which I deem to be personally harassing.

After speaking to a telephone representative yesterday, I believe you are not aware that my account with MBNA is in dispute and has been since I wrote to them on 23 April 2007. Your representative ignored my points and threatened to have my credit report marked.

A copy of all correspondence with MBNA regarding this account is enclosed, yet amazingly, both MBNA and Global Vantedge seem to be ignoring the fact that MBNA are now in default under Section 78 of the Consumer Credit Act 1974.

Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account.

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

You are instructed with immediate effect to cease and desist and notify me in writing that you have done so.

Failure to do so would leave me no alternative but to pursue remedy through the courts including compensation for the harassment.

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Have PM'd you. Your story makes absolute horrific reading - if it wasn't so serious it would be laughable at what they think they can do and get away with. Luckily my case should be quite straightforward as I have no DCA's involved - was always too frightened into paying up - wish I had known about CAG then! At least the phone is quiet now and if it does ring for husband, we can have fun with the other person on the line! :D

 

Any chance you could pm me with nuclear bomb info too please - MBNA have sent statements but so far ignored my cca request. Another 11 days and they are in criminal default. I have copy of my original application form from 1996 which isn't satisfactory I think so will be interested to see what will eventually arrive in the post - see if it is a cut & paste version !

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Guest Mincemeat

The nuclear bomb belongs to someone who no-longer actively plays a part on this site unfortunately. They're sitting on something with enough clout it can conceivably revoke MBNA's CCA license.

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The nuclear bomb belongs to someone who no-longer actively plays a part on this site unfortunately. They're sitting on something with enough clout it can conceivably revoke MBNA's CCA license.

If you have any idea what it is could you pm me if you think the orignal writer won't mind - would be useful to know what I would be looking for with MBNA.

 

Any idea when it will go nuclear? What happens to all MBNA accounts if the credit license is revoked?

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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The nuclear bomb belongs to someone who no-longer actively plays a part on this site unfortunately. They're sitting on something with enough clout it can conceivably revoke MBNA's CCA license.

 

 

Well, I for one would love to know who the above relates to?

 

Love AC

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The nuclear bomb belongs to someone who no-longer actively plays a part on this site unfortunately. They're sitting on something with enough clout it can conceivably revoke MBNA's CCA license.

 

We wish! Must it remain a secret?

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Hi everyone,

 

Thanks for your replies, now just trying to establish the uk address for Golbal Vantedge. Their uk address on their correspondance they sent is somewhat vague and not listed at companies house or obtainable via yell.com???? so I am presuming if I use this ???address I might not get a singed receipt for the recorded delivery.

 

I guess they do this so you have to phone them. Does anyone have their correct registered uk address please.

 

Rgds

 

Cashin;

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Global Vantedge have been on to me about chasing payment from MBNA - when they do catch me all I say is "Account is in dispute - goodbye" and put the phone down.

 

I have just drafted a letter to their UK office today, more to cover my own backside, than theirs. If they carry on harrassing me and if they dare mark my credit report - I'll take both them and MBNA to court for damages.

 

Guys, this is almost a carbon copy of my experience with MBNA. After 6 mths they appeared with a 'copy of the agreement' which is about as legible as 3mm high lettering is from a mile away!!!

 

They contiinued to charge me interest the entire time of the dispute, they bombarded me with phone calls, sometimes as much as 3 or 4 a day. All from South East Asia by the sounds of it (Im not racist, but I cant stand the delays these call centres make...), they added late payment charges etc. I think Ill start my own thread with the details more thorough and a scan of the 'copy'.

The letter they sent me covering the copy basically totally trashed the basis of the argument that 'IS' the CCA - i.e. Im still obliged to pay whilst in dispute etc etc... One thing tho. They refunded my late payment charges, but they have listed a default for late payment on the CRA!!!

 

Any ideas????

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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I think Ill start my own thread with the details more thorough and a scan of the 'copy'.

Hi fully skinted, that would be great if you could as I think it would be agreat help to people :)

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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OK. I will :)

 

I did have a thread going on it a while back so maybe its in need of an update - but the thread title would need changing too...

 

Oh Ill see what I can do. Maybe Monday now tho...

 

MBNA..... Maybe Barclaycards Nice Afterall!!!!

 

:D

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Corn, sweetie - what's happened to your thread?!

 

You have squatters!

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Hi

Havn't been rading this thread ,should have vey informative.

 

How about this I have an MBNA card for some years used it rarely neve gone over limit.

Noticed there was a ppi payment coming out every month thought thats strange i never buy them, waste of money.

Rang the MBNA number on card they said they would remove and refund ,didn't of cours so i sent the a cca78.

Yesterday i was in town and went to draw 50 quid on my card £2000 limit £60 allready on it so bags of equity.

Cards returned sop i rang them. it had beenn stopped firstly they said it was the didn't like me drawing cash on it. After a long convrsaion which the word bull**** was used liberally it turned out that they had stoped my card because of my CCA request!!! I pointned out that this was a statutory right in the many phone cals that followd which i made when the didnt ring me back as promised.

 

I am now officially p ***ed off

And i am going to have them for everythng i can i shall absorb the information on your excellent thread and any advice wold be greatly appretiated i know this is a resatively small amount but it wil not be when i have finished with them.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Guest Mincemeat

Peter

 

You'll have loads of support in your actions. Find the original poster for this and you'll have access to loads of information

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Hi havn;t been rading this threas ,kshoul have vey informative.

 

Ho about thik I have an MBNA card for some years used it rarely neve gone over limit.

NOticed ther e was a ppi payment coming out every month thought thats strange i never buy the waste of money.

Rang MBNA number on card they said they would remove and refund ,didn't of cours so i cent the a cca78.

Yesterday i was in town and ent to dwae 50 qid on my card £2000 limit £60 allreaduy onit so bags of equity.

Cards returned ,irang it had beenn stopped firstly they said it was the didn't like me drawing cash on it.After along monvrsaion which the word bull**** was used liberally it turned out that they had stoped my card because of my CCA request i pointned out that this was a statutory right in the many phone cals that followd which i made when the didnt ring me back as promised.

 

I am now officiall ****ed off

And am going to have them for everythng i can i shall absorb the information on your thread and any advice wold be greatly appretiated i know this is a resatively small amount but it wil not be whi i have finished with them.

 

Peter

Hi Pete,

 

Guess the reason they stopped your card was BECAUSE you had £1940 equity on it. Being MBNA they won't have a properly executed agreement (and they know it) ...............but that doesn't stop you (the debtor) drawing down on it as per Wilson V Secretary of State for Trade

 

"These restrictions on enforcement of a regulated agreement are for the protection of borrowers. They do not deprive a regulated agreement of all legal effect. They do not render a regulated agreement void. A regulated agreement is enforceable by the debtor against the creditor. It seems, for instance, that a borrower may insist on making further drawdowns under a regulated agreement even though the agreement is unenforceable against him."

So it would appear that if a debtor still has a credit balance on a credit card, for example, he would be entitled to continue to spend that money even though he would have no obligation to repay it!! :D :D :D

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Peter - welcome to the wonderful world of MBNA - they are a law unto themselves - and it seems that no authority cares about their blatant disregard of the Consumer Credit Act - don't waste your time ringing them as they just ignore you. Oh and they also ignore all your correspondence as well!

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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I have to say this but i am somewhat confused by Peterbards post. Not for the content but why he posted it. Peterbard gives us all fantastic advice, i assumed he would know exactly how to deal with these rotters, I am probably way off course thinking this!

 

I am having awful dealings with MBNA so what ever help i can give i will.

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Guest Mincemeat

In Peter's defence, his expertise is heavily into Bailifs and distance marketing regs. As far as the day to day bashing of MBNA, he's usually not been actively involved in that.

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Hi havn;t been rading this threas ,kshoul have vey informative.

 

Ho about thik I have an MBNA card for some years used it rarely neve gone over limit.

NOticed ther e was a ppi payment coming out every month thought thats strange i never buy the waste of money.

Rang MBNA number on card they said they would remove and refund ,didn't of cours so i cent the a cca78.

Yesterday i was in town and ent to dwae 50 qid on my card £2000 limit £60 allreaduy onit so bags of equity.

Cards returned ,irang it had beenn stopped firstly they said it was the didn't like me drawing cash on it.After along monvrsaion which the word bull**** was used liberally it turned out that they had stoped my card because of my CCA request i pointned out that this was a statutory right in the many phone cals that followd which i made when the didnt ring me back as promised.

 

I am now officiall ****ed off

And am going to have them for everythng i can i shall absorb the information on your thread and any advice wold be greatly appretiated i know this is a resatively small amount but it wil not be whi i have finished with them.

 

Peter

 

Hello everybody, nice to see you're all still keeping the thread going whilst I am unable to do so!

 

Peter, I am very pleased that you have visited, it is usually ME asking YOU!! MBNA are the biggest thorn in my side and I like to think that is reciprocated, so please ask away!

 

Chorlton - HOW ARE YOU STRANGER? Long time, no see!!! Glad to see you back!

 

Corn x:)

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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Hi Corn, this is posted on CCA thread but thought it may be interesting.

 

Received a lovely letter from 1st Credit regarding MBNA Credit Card.

 

The letter received was in response to this letter I sent:

 

Dear Sir/Madam

 

Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxx

 

Thank you for the information you sent following my request under the CCA 1974.

 

The request was made to you on 4th May 2007 for a copy of the executed agreement held by yourselves applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement.

 

I am pleased that you confirm this is a true copy of the original executed agreement.

 

As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed.

 

You must therefore realise the document you have supplied does not correspond in form and content to the requirements of the Consumer Credit Act 1974 and is therefore completely unenforceable.

 

As a consequence I do not acknowledge any debt to your company and no further payments will be made towards this alleged debt.

 

Any court action you may take will be vigorously defended using Sections 61 and 127 of the CCA 1974, which will preclude a judge from making an enforcement order in this instance.

 

Any earlier actions relating to sharing of data with credit reference agencies or defaults should be immediately removed. Confirmation and acknowledgement of this letter should be received within the next 14 days.

 

 

Mr xxxxxxxxxxxx

 

This letter was sent after receiving this after a CCA Request:

 

Picture002-1.jpg

 

The letter from 1st Credit:

 

Picture005-2.jpg

 

 

It was dated 13th July 2007 !!!

 

They will have commited an offence under CCA on 25th June 2007.

 

Looks like game on.

 

Should I bypass 1st Credit now and deal direct with MBNA

 

Thoughts please.

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Hi Corn, this is posted on CCA thread but thought it may be interesting.

 

Received a lovely letter from 1st Credit regarding MBNA Credit Card.

 

The letter received was in response to this letter I sent:

 

Dear Sir/Madam

 

Re: Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxx

 

Thank you for the information you sent following my request under the CCA 1974.

 

The request was made to you on 4th May 2007 for a copy of the executed agreement held by yourselves applicable to the alleged debt. Under the CCA s77/78, you are obliged to send a legible true copy of the executed agreement.

 

I am pleased that you confirm this is a true copy of the original executed agreement.

 

As I am sure you are aware a regulated credit agreement contains all of the prescribed terms, other required information and statements of statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided and must be those applicable at the time that an agreement is signed.

 

You must therefore realise the document you have supplied does not correspond in form and content to the requirements of the Consumer Credit Act 1974 and is therefore completely unenforceable.

 

As a consequence I do not acknowledge any debt to your company and no further payments will be made towards this alleged debt.

 

Any court action you may take will be vigorously defended using Sections 61 and 127 of the CCA 1974, which will preclude a judge from making an enforcement order in this instance.

 

Any earlier actions relating to sharing of data with credit reference agencies or defaults should be immediately removed. Confirmation and acknowledgement of this letter should be received within the next 14 days.

 

 

Mr xxxxxxxxxxxx

 

This letter was sent after receiving this after a CCA Request:

 

Picture002-1.jpg

 

The letter from 1st Credit:

 

Picture005-2.jpg

 

 

It was dated 13th July 2007 !!!

 

They will have commited an offence under CCA on 25th June 2007.

 

Looks like game on.

 

Should I bypass 1st Credit now and deal direct with MBNA

 

Thoughts please.

 

Well that's a cracker!!!! What was this interesting ICO document? The sarcasm is just astonishing! I would bloody well let them take you to Court and try and use that microfiche bit of rubbish to back up their claim - you know the score with this one!!!

 

You've changed your name!!!!

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

Looks like they still haven't got the message. I am longing for the day MBNA is dragged kicking and screaming before a Judge and made to esplain their blatant disregard of the CCA>

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