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MBNA want me to sell my clothes!!!


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Glad we're helping.

 

The letter you'll need for the CCA request is here (letter N):

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Make sure you include the phrase I do not acknowledge any debt.

 

quote]

 

This might be a problem! In my first letter to them on 20 January I wrote to tell them my circumstances had changed and explained I'd lent the money to my dad, however, I appreciated that the responsibility remained with me to repay the debt. Have I made a big muck up?

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aww reading your thread made me want to give u a big hug!!

 

i'm afraid i cant give u any more advice that has already been posted apart from that you shouldn't worry so much hun. you must be going through a roller coaster of emotions as i have done numerous times.

 

Before I joined this forum there was no way I would ever have stood up to these company's but now I'm sorting out my life. my husbands and just started on my mothers!

 

Whatever you do don't give in to these people and their bullying tactics because it won't help you to agrre payments you cant afford. Like me you probably thought about borrowing to pay them off? I think everyone just wants these people to go away by any means necessary but what your doing is the right thing so be strong :)

 

Personally I would leave the I do not acknowledge in the letter just to be on the safe side but i'm sure someone will be along soon to let you know.

 

Dont cry. x

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fetsilva - thank you. I've just sent the cca without the I do not acknowledge bit in. here's waiting. Had another text message yesterday, and two today (probably as I didn't ring back) from 01244 number 'urgent please call 01244....we must speak with you today'. Gather it's MBNA again!!!

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fetsilva - thank you. I've just sent the cca without the I do not acknowledge bit in. here's waiting. Had another text message yesterday, and two today (probably as I didn't ring back) from 01244 number 'urgent please call 01244....we must speak with you today'. Gather it's MBNA again!!!

 

Build the case...build the case :rolleyes:

Just hate every DCA out there

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fetsilva - thank you. I've just sent the cca without the I do not acknowledge bit in. here's waiting. Had another text message yesterday, and two today (probably as I didn't ring back) from 01244 number 'urgent please call 01244....we must speak with you today'. Gather it's MBNA again!!!

 

hello tedsbird have you joined up with CCCS - they will do a budget plan with you and give all creditors what you can afford,also if **** MBNA ask you for 1 they are breaking the law oft told me if cccs have suplied MBNA with my outgoings they should accept this.

also with phone calls nevber pnone from home , this is what i do i use a phone box this bloke asked is that your no it must have come up at MBNA lol so i said yes ,so if they ring they get a phone box, think its a good idea not to ring these scummers up .

communicate with letters record every thing..

 

should you need to ring free phone 0800 092 4297 i once rang them from Manchester airport and the idiot said i dont reconise your number. lol

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thanks lordi. I've rang CCCS a few times but they haven't gone through a full plan with me. I;ve explained what I've done so far (48 comments on my log showing letters sent etc) and they've said I'm doing the right thing. Each time they contact me I should ring them back and tell them what's happened next. Will call them on Tuesday as I've received letters today; one asking me to take ownership of my debt and giving me "one final chance to co-operate before we insist you disclose your personal assets and income" which is a laugh as I've already done it!!; the second informing me they have registered the arrears with a credit agency but if I pay now they will stop it (so have they or haven't they??).

I'm in a laugh about it loud moment!!

Still no responses to my letters - they have 4 outstanding of which 2 only have 2 days before the 8 weeks are up and I can go to the Financial Ombudsman!

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Sorry, just another question whilst I'm going through the letters - I sent RMA a CCA on 28 February. I know they are not managing the account anymore but do they still have an obligation to provide the information requested? I hope so. After the way they treated me I wouldn't be hard pushed to file the appropriate complaint!

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thanks lordi. I've rang CCCS a few times but they haven't gone through a full plan with me. I;ve explained what I've done so far (48 comments on my log showing letters sent etc) and they've said I'm doing the right thing. Each time they contact me I should ring them back and tell them what's happened next. Will call them on Tuesday as I've received letters today; one asking me to take ownership of my debt and giving me "one final chance to co-operate before we insist you disclose your personal assets and income" which is a laugh as I've already done it!!; the second informing me they have registered the arrears with a credit agency but if I pay now they will stop it (so have they or haven't they??).

I'm in a laugh about it loud moment!!

Still no responses to my letters - they have 4 outstanding of which 2 only have 2 days before the 8 weeks are up and I can go to the Financial Ombudsman!

 

who as sent you letter asking for ownership of your debt??

i was refered to cccs from national debtline 0808 808 4000they told me about debt managment also they asked for all the debt i had,and went from there,.

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Sorry, just another question whilst I'm going through the letters - I sent RMA a CCA on 28 February. I know they are not managing the account anymore but do they still have an obligation to provide the information requested? I hope so. After the way they treated me

 

I wouldn't be hard pushed to file the appropriate complaint!

 

 

no RMA should send you back the £1 fee you sent and tell you who are managing the debt.

i sent moorcrap a cca next thing they sent the £1 postal order back justicia took the debt on .

 

 

now im dealing with MBNA ITS HARD WORK BUT NEVER GIVE UP ...

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  • 3 weeks later...

An update. Sent the CCA request - no response 24 days later. Any ideas on what my next step is?

 

I received a response to my request to freeze interest and refund all charges applied (which was sent 10 March). They agreed to refund all interest charges since the beginning of the year and all charges applied to the account. However, they stated in the letter this would show on April's statement. It didn't. £24.00 was credited instead of £385.

 

Text messages still coming despite my letter requesting again that my number be removed from their system and they are committing an offence. Just so I don't make an ass of myself do I really go to the police station? Not feeling that confident today but when I get the next one at 9pm at night I may feel different!

 

Still getting standard letters stating they are issuing a default unless the oustanding balance is paid and they are going to sell this to a 3rd party.

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Do you have proof that they received the CCA request?

 

As you'll know they are in default after 12 working days, and the debt is unenforceable. They should NOT be trying to collect this, so definately don't pay them anything, and also make sure you're saving any letters or texts they send you. Unless you've got a nice large memory on your phone, can you download the texts to your computer, or even take screenshots with a camera?

 

30 calendar days after they defaulted, they're committing an offence. They're not quite there yet, but that's when you should be reporting them to Trading Standards, the FOS and the OFT.

 

For now, the risk is that they'll issue a default. They're not allowed to, of course, but it's a pain to get it reversed if they do.

 

I'd write to MBNA and make it know that you're copying in the OFT. Remind them of the OFT guidelines on unfair practice and their obligations to halt all collection activity while the alleged debt is in default.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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I am in a big dispute with MBNA.

 

They too after repeated requests to stop sending text messages still send them. They logged the mobile number without my permission and its not even mine. Its company one. I done the stupid thing and phoned them on it once when i was desperate to talk to them about one of thier letters. Only deal in writing now!

 

Have you received postcards from them yet?

 

You got further than me though with the charges, i have not heard a peep out of them with regards to that.

 

I got a thread running MBNA Rude, Confrontational and Distressing. Ive posted some wording which came off one of thier 'standard' letters. Have a look. If your letters are similar can you let me know.

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...and they are going to sell this to a 3rd party.

That is likely to be Link Financial, and could be a mixed blessing. Link make MBNA look positively friendly to deal with, but on the good side they're a carnival of clowns when it comes to record keeping.

 

Personally I'd hope they don't sell it on, especially as it seems that MBNA don't have the correct paperwork or at least they're not able to send it.

 

Link took seven weeks to send me an application form - not an agreement. I'd wager that's all MBNA had, but I've SAR'd them in an effort to find out the full picture.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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I am in exactly the same position, in my case MBNA defaulted on the CCA

but still sold the debt to LINK

If they do this in your case too, ensure you report it to Trading Standards

You can report it to your local TS who should pass it on to TS Chester which is what happened in my case (allegedly they are investigating, not sure if true though)

I also reported it to OFT

We must make sure everybody affected does report it, as it appears TS Chester thinks there is no problem with MBNA's business conduct. Either they choose to ignore it or not enough people complain. Not sure what the problem is

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Hi there

 

Im in the same position too. A&L (MBNA) didnt send me a copy of the credit agreement, defaulted me and have now sold it on to 1st credit. They sent me a letter from MBNA head notepaper to default my A&L account. I dont have a debt with MBNA. They also have not refunded charges.

 

I have been realy really busy and havent had the time to work on this but will be doing so on Sunday so all the companies that have now defaulted on the CCA will be reported to TS and OFT. Also the IC office to get the defaults removed.

 

Gemspan

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Aw, see, they're trying to be nice :p

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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I'm sure I've read somewhere that if an account is in dispute they are not allowed to sell it on? Please correct me if I'm wrong.

 

I'm understanding the processes now, send them letter, they default, don't pay anymore money - but then what? The Phantom hasn't had any joy with TS etc by the sounds of it. Surely if they have done something illegal i.e. not complied with a CCA request that amounts to poor business conduct and an issue for the police?

I need a sticky with an idiots guide to breaches!

- write this letter

- wait for breach

- write this letter

- report them for non-compliance to...

- a really simple bird guide for tedsbird!!!

 

Actually I haven't had a text from MBNA in a while - i may just start missing them..or not!

 

yaff..will look up your thread now and see if the letters are similar.

 

I always send my letters recorded, then go onto royalmail and print out the signature and attach both the receipt, recorded delivery slip and sig to my copy of the letter. The file I have is huge!!! I'm also managed to get my phone linked to my laptop to download stuff - text message are printed out now too! Goodie.

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  • 1 month later...

Well. it's been a while but I'm no looking for advice on the next step after a very distressing phone call to MBNA today.

 

It's been over 2 months since the CCA request was sent and received (sent recorded) with no response. I did get another copy of my records re: SAR though! So I downloaded the FOS complaint form and started to fill it in. However, out of courtesy I thought I'd better check if they have sent the CCA and it's gone missing in the post. i was put through to the most arrogant, snotty witch ever in the world. I'm a nice enough bird and kindly asked if the CCA had been sent out just incase it had been mislaid. The old ugly beast started ranting at me shouting (yes shouting down the phone) that the CCA had no relevance to me, I should be more concerned with the fact my account was in default. Taking a deep breath I said I wasn't calling to discuss the matter of the account I was merely making a courtesy call etc. Cheeky pig interrupted me saying 'who do you think you are? we don't have to give you that information you just need to get your account in order'. At which point I put the phone down.

Anyway, not one to be beaten thought I'd ring Gavin Theobald who responded to one of my letters who was so polite! Terribly sorry Tedsbird, we don't have a record of that, however I will have a copy of your 'application form' sent to you by the end of the week!

 

Thought I should draft a letter, another one, maybe stating that

- I haven't made anymore payments as they are in default of a CCA request,

- I'm still waiting for a response to 4 letters

- "scary witch" should be sacked

- will you accept 'your' minimum payment of 0.08% of the total balance as a full and final settlement!

That should wind them up.

 

Since the CCA request was sent I haven't had any letters from them - the usual, your account is in arrears, we're taking you to court etc. just the statements in the post. Do you think that's a sign they don't have an agreement?

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Well. it's been a while but I'm no looking for advice on the next step after a very distressing phone call to MBNA today.

 

It's been over 2 months since the CCA request was sent and received (sent recorded) with no response. I did get another copy of my records re: S.A.R - (Subject Access Request) though! So I downloaded the FOS complaint form and started to fill it in. However, out of courtesy I thought I'd better check if they have sent the CCA and it's gone missing in the post. i was put through to the most arrogant, snotty witch ever in the world. I'm a nice enough bird and kindly asked if the CCA had been sent out just incase it had been mislaid. The old ugly beast started ranting at me shouting (yes shouting down the phone) that the CCA had no relevance to me, I should be more concerned with the fact my account was in default. Taking a deep breath I said I wasn't calling to discuss the matter of the account I was merely making a courtesy call etc. Cheeky pig interrupted me saying 'who do you think you are? we don't have to give you that information you just need to get your account in order'. At which point I put the phone down.

Anyway, not one to be beaten thought I'd ring Gavin Theobald who responded to one of my letters who was so polite! Terribly sorry Tedsbird, we don't have a record of that, however I will have a copy of your 'application form' sent to you by the end of the week!

 

Thought I should draft a letter, another one, maybe stating that

- I haven't made anymore payments as they are in default of a CCA request,

- I'm still waiting for a response to 4 letters

- "scary witch" should be sacked

- will you accept 'your' minimum payment of 0.08% of the total balance as a full and final settlement!

That should wind them up.

 

Since the CCA request was sent I haven't had any letters from them - the usual, your account is in arrears, we're taking you to court etc. just the statements in the post. Do you think that's a sign they don't have an agreement?

 

tedsbird you seam to be getting some crap i sent for a CCA i got a reply saying they will pay me £380 goodwill ect took it of my account , they have froze intrest ect, so im only paying balance off , ru with CCCS -

 

 

send cca letter to

 

Steve Bailey

 

 

Head of Customer Advocate Office

Chester Business park

 

 

 

Chester

CH4 9FB

 

 

 

DONT BOTHER RINGING THEM UP

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Tedsbird,

 

Dont panic, if your hard skined hold out with these clients, just pay token payment £1.00 per month. Dont contact them by phone only by written communication.

 

They will eventually pass on to DCA at this point CCA the DCA and wait.

Dont CCA MBNA they will most likely reply.

 

Wait for 12+2 days then DCA are in default and the debt is not enforcable until CCA request is complied with.

 

Cashin

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If you are still on JSA just pay them £1 per month and let them take you to court, the judge will rule in your favor.

 

My sister had a debt with Halifax to the tune of £16,500 when she was made redundant, she contacted payplan who advised her that her state benefits are for her to live off not pay debt with (and told her the above). she wrote a letter to Halifax with a statement of earnings and Hailfax agreed for her to make a £1 a month payment and freeze all interest to be reviewed every 6 months.

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I'm understanding the processes now, send them letter, they default, don't pay anymore money - but then what?

Once they have committed the summary criminal offence it is time to assist them in reaching closure on the account. A letter along the following lines usually helps to assist them.

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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