MBNA A&L not produced CCA but defaulted me and sold to DCA

[gemspan]

Hi there

 

I have just sent of my SAR to A&L credit card. I would imagine that they owe me what the balance is on my credit card in charges over the past year or two. Anyway, I have just opened up a A&L current account to pay my bills etc., and have just paid in a sizeable cheque. When the claim with the credit card gets dealt with, will they close my current account or should I be OK as I am claiming against the credit card?

 

Id appreciate your thoughts because I dont want them using the money I have in my current account to pay my credit card balance off as this is money my parents gave me to live off for the next few months.

 

Thanks in advance

Gemspan

[matmondez]

I wouldn`t have thought they will touch your c/c in any way but as a safeguard i would open another c/c somewere else then your mind is at rest. Ive heard co-op c/c are easy to open.

 

 

matt

[Jeff2000]

I claimed back charges against A&L credit card. This did not cause any problem with my A&L current account. This is because the A&L credit card part of the business is now owned by MBNA! However it is always a good idea to open up another account just to be on the safe side. Nat West do a good no frills basic account which is easy to open, and you can pay DD's and standing orders etc.

[gemspan]

Hi there

 

Thank you both for your replies. It is much appreciated. I have just claimed from Lloyds TSB and they havent closed my account so I will have that one to fall back on should the worst happen.

 

As I live in Scotland a Nat West Account is not the best for me because there arent that many branches, although saying that there arent that many A&L branches either.

 

Thanks again and I hope you both have a lovely Christmas.

 

Kind regards

Gemspan

[gemspan]

I just wanted to say that I take my hat off to everyone who is dealing with A&L trying to reclaim charges.

 

I have recently opened an A&L account as a parachute account. I sent off a cheque on 13th December so that I would have money to pay my telephone bill. I checked on 20th December and it still had not cleared. I asked when it was going to clear and they told me they had just received it the previous day(!) and it would clear on 29th December. I consequently had my phone cut off because of this.

 

I then took £100 cash from my LTSB account and paid it in cash into my account at a post office. I asked if it would go straight into my account and was assured that it would. I then went home and tried to get my phone switched on again only to be told my card had been declined. I telephoned A&L and they told me that because I had used a payin slip as opposed to my card it would take 2 days to hit my account. I was absolutely livid and asked to speak to a manager.

 

A lovely lady (not!!!) called me back and to say she was rude would be an understatement. She told me I only had a "basic account" and I would just have to wait until the cheque cleared on Friday and the money went into my account on the Friday. I asked why post office staff were not trained in the various ways of paying in to A&L accounts and she said it was nothing to do with her.

 

She finished the call by saying if I wanted to complain I should go ahead but I wouldnt be getting any money until Friday.

 

By chance, the following day I checked my account (Thursday!) and the whole balance was available.

 

It seems to me that A&L have the worst customer services (closely followed by Toucan!) I have ever dealt with. I would urge everybody to reclaim everything they are entitled to. I am not easily intimidated but this woman made me feel 2 inches tall.

 

I will soon be claiming for A&L credit card charges so I am expecting the worst.

 

Well done to all who win. They dont deserve to have anybody's money.

 

Gemspan

[gemspan]

Hi there

 

Had an interesting discussion with MBNA credit cards this morning. I have issued a CCA and they have defaulted. I got a letter using the same old paragraphs today and immediately phoned them.

 

I got a guy out of a meeting to speak to me. I advised him that they were in breach of the Consumer Credit Act and he said the following:

 

We've had quite a few people enquiring about copies of their original credit agreements and we have referred these enquiries to our legal department. They have informed us that they do not have to provide a copy of a written agreement because the agreement was sent with the credit card. By law they are allowed to omit signatures etc.,

 

This is a new and interesting twist to the CCA argument. This would effectively mean that any credit card company could issue credit cards to anybody (even if they were pretending to be you!) and you dont have to sign for them and they dont have to sign the agreement.

 

Does this sound right? I dont think so but would welcome some more experienced views.

 

Thanks

Gemspan

[rosierose]

They are indeed allowed to omit certain items from the agreement, including sinature boxes (for security purposes) but they must still provide a "true" copy of the agreement that you (and they) signed, complete with all the terms prescribed by the Act.

[lookinforinfo]

Gemspan when they have to do things in writing, they don't say things like that. If you remember the name of the guy you spoke to or can still find out,

write to them quoting his words. Then ask them to point out the relevant

part of the Act that they are relying on.

[gemspan]

Hi there

 

Thanks for the replies. I have asked the guy to put the statement from the legal department in writing to me and also include the section of law they refer to which concludes that they are "exempt" from providing signed agreements.

 

I'll let you know the outcome but they have already breached the CCA I sent and they say they dont have the original agreement - only statements. Where does this leave me?

 

Thanks

Annie

[storm]

No agreement = unenforceable debt

 

Are they saying they have no agreement, or just an unsigned one?

[sequenci]

They are indeed allowed to omit certain items from the agreement, including sinature boxes (for security purposes) but they must still provide a "true" copy of the agreement that you (and they) signed, complete with all the terms prescribed by the Act.

 

a request under s77-78 wouldn't have to be signed by the debtor although under s127 the agreement would be unenforceable if it is not signed. swings and roundabouts!

[rosierose]

a request under s77-78 wouldn't have to be signed by the debtor although under s127 the agreement would be unenforceable if it is not signed. swings and roundabouts!

 

Yes, its an odd arrangement, isn't it? That they can comply with s77-79 that way.

 

I have yet to receive an agreement with the sig ommitted, but if I had I would be tempted to write back and ask for one with my sig on it.

[rosierose]

Out of interest, I received an agreement just yesterday from MBNA with my sig on it. Mind you, it did take TS to squeeze it out of them

[sequenci]

i really dislike MBNA, I speak to several clients daily who have really problems with them.

[humbleman]

When I CCA'd them 4 weeks ago I got a reply to the effect,

 

could you please call us inorder we may assist you with your query

I will just sit tight until 12+30 days and sent them a letter saying they have excedeed the time limit etc.

[Rhia]

I have a growing feeling that MBNA has a systemic problem with its agreements. In other words it doesn't have any, apart from the application forms they issued by the shedload in the pursuit of new customers and riches galore.

I issued an SAR for all info including agreements and they are pretending they haven't had a cheque (which they have) need Id etc so I have started action to get disclosure and suggest you do exactly the same when they don't come up with the goods. Complain to your local TS too.

If you read the different MBNA links a pattern is emerging in that they won't comply to SAR and ditto CCA. They need to get real or someone is going to be enjoying a little holiday courtesy of HM Prison Service.

Keep at em.

[rosierose]

I have a growing feeling that MBNA has a systemic problem with its agreements. In other words it doesn't have any, apart from the application forms they issued by the shedload in the pursuit of new customers and riches galore.

I issued an SAR for all info including agreements and they are pretending they haven't had a cheque (which they have) need Id etc so I have started action to get disclosure and suggest you do exactly the same when they don't come up with the goods. Complain to your local TS too.

If you read the different MBNA links a pattern is emerging in that they won't comply to SAR and ditto CCA. They need to get real or someone is going to be enjoying a little holiday courtesy of HM Prison Service.

Keep at em.

 

Rhia, I believe you are spot on here

[sequenci]

Rhia, I believe you are spot on here

 

excellent, i'll endeavour to get all future MBNA clients to cca/sar them. out of all the creditors in the uk the two worst (from what i've been told) are amex and mbna.

[Guest Battleaxe]

I was told by William Wareing Senior Legal Assistant(in writing) that they don't have to provide an Agreement with signatures, so why was I provided with a photocopy of a faxed copy of our Agreement with our signatures but not theirs. I'll tell you why, because they never signed it and don't realise what they sent me. So I wrote back and told them if they produce an EXECUTED Agreement with a signature from the bank, they can explain to the Judge, why they didn't provide an EXECUTED AGREEMENT under my SAR, apart from the the one they sent at the time. Still waiting for a reply. Also reminded them that are in default of Sec 85 regardless of what they are claiming and also still haven't had an answer regarding my claim for refund of charges.

 

The pattern is emerging, but what they telling us, is trying to call our bluff. Why do they think we are going to believe them now. MBNA speak with forked tongue

[Vulture_Bank]

Re: Consumer Credit Act Agreements

Quote:

Originally Posted by Vulture_Bank

 

 

the above is the first terms and conditions that was sent to me when i joined with this credit card issuer . please note that they also imply that the terms and conditions are also a "copy of your agreement for you to keep . It includes a notice about your cancellation rights which you should read "

 

it appears to my goodself that right at the beginning when i had the pleasure of joining they sent me this instead of the executed agreement -

 

do you not agree so i honestly think the contract is inenforceable.

========================= ============

 

this does seem rather important the terms and conditions also being formally stated as the agreement ( ADMITTING no executed agreement was send when one joined)

 

 

it seems as if mbna are trying this trick !!!

[diskmandave]

They are indeed allowed to omit certain items from the agreement, including sinature boxes (for security purposes)

 

I sent Lowell Financial a CCA request and all that they sent me was a copy of the signature box!! Idiots!!!

[FANTASY CHARGES]

CAN someone look at this thread and help em ta !!!

 

http://www.consumeractiongroup.co.uk/forum/general-debt/72796-mbna-offering-let-me.html

[Jeff2000]

Hi all,

 

 

When I did a SAR to MBNA, they sent 3 different copies of application forms.

 

It has been mentioned before, but I'll mention it again. This can only prove that I have applied 3 times for an MBNA card.

 

Also with my SAR stuff, I received some computer print-outs referring to the very same app forms. This can easily be cross referrenced by Ref. numbers, sales rep names and ID numbers.

 

The best bit is, the computer print-outs also confirm to me that all 3 of these applications for cards were declined. Therefore none of them actually refer to the alleged debt.

 

This has got to be the prime reason why an application form cannot possibly be construed as an agreement. Otherwise they would be claiming that I possibly had 3 or 4 accounts!

 

I have since sent a CCA to MBNA and to Link financial. (They now claim to own the alleged debt). Lets see what they send, if anything at all!

 

 

Jeff.

[FANTASY CHARGES]

Hi all,

 

 

When I did a SAR to MBNA, they sent 3 different copies of application forms.

 

It has been mentioned before, but I'll mention it again. This can only prove that I have applied 3 times for an MBNA card.

 

Also with my SAR stuff, I received some computer print-outs referring to the very same app forms. This can easily be cross referrenced by Ref. numbers, sales rep names and ID numbers.

 

The best bit is, the computer print-outs also confirm to me that all 3 of these applications for cards were declined. Therefore none of them actually refer to the alleged debt.

 

This has got to be the prime reason why an application form cannot possibly be construed as an agreement. Otherwise they would be claiming that I possibly had 3 or 4 accounts!

 

I have since sent a CCA to MBNA and to Link financial. (They now claim to own the alleged debt). Lets see what they send, if anything at all!

 

 

Jeff.

 

suggest you start a new thread in the general debt forum

headed

 

3x Declined Application Forms = 3x "Executed Agreements" but only One Account !according to MBNA

 

 

then we can get exposure of this

[Jeff2000]

suggest you start a new thread in the general debt forum

headed

 

3x Declined Application Forms = 3x "Executed Agreements" but only One Account !according to MBNA

 

 

then we can get exposure of this

 

Hi FANTASY CHARGES,

 

 

I have a thread which does mention this issue.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/58913-mbna-link-financial.html

 

Many thanks, Jeff.