Fred Bassett v MBNA

[miss muppet]

Spooky Fred, thats the same date I sent out my CCA request, eventually received 6 pages of so called CCA not signed, when they finally replied to my SAR they sent print-outs so tiny you'd have needed very high power magnifiers (And yes expect you will remember my mistake with Optima but even you would have had trouble) and to cap it all they kept using a different account number. You have to be careful with this as if you also want to raise a complaint with FOS, you may like me get the reply that MBNA had dealt with my complaint and it was over FOS's 6 month time limit but as I had a letter from them in April finally using the correct account number I was able to prove to FOS that it was within their timescale. So they are looking into it, maybe nothing will come of it but if they decide to proceed to court, it looks good that you have made official complaints.

[miss muppet]

Off the top of my head, Alf v MBNA and I know there's been a lot of correspondence by Redsue, probably best to look in the MBNA threads, its such a long time ago that I did this, but will have another look in the morning, coz, I don't know about you but I tend to print out the informative ones so have a file a mile thick - ooh hang on just found the very one from Curlyben:-

Dear

With reference to my previous letters, I wish to draw your attention to your company's lack of compliance with my legal request

 

On DATE I made a formal request for a true csigned agreement for the alleged account under CCA 1974 s77/78 a copy of which is enclosed for your purusal and ease of reference. You have failed to comply with the request and as such the account entered default on DATE

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore if this non compliance continues for a further month then a summary criminal offence is committed.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

may not demand any payment on the account nor am I obliged to offer any payment to you.

may not add further interest or any charges to the account

may not pass the account to a third party

may not register any information in respect of the account with any cra

may not issue a default notice related to the account

Therefore this account has become unenforceable at law.

Consequentially any legal action you may persue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 Protection from harrasment Act 1997 section 3 as well as breaching a number of the OFT collection guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you in the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response

 

phew, and so to bed!

[miss muppet]

I know what you mean Fred but have been fighting BOS over mis-sold PPI on OH's loan and getting nowhere until they stepped in, then we got the no liability thing but as offer of goodwill etc. FOS did say sign their acceptance form for the offer, we haven't as we have not seen any figures and apparently they are allowed to raise new loan sans PPI. Over the road I had seen a case of exactly the same thing with NR, the person signed the acceptance form, then got lots of hassle because one dept not talking to another - its one year later and she still hasn't paid them anything. My feeling is because of FOS's action we've got BOS on the ropes as because of mis-selling their PPI loan is unenforceable so feel our complaint wasn't wasted!

[miss muppet]

Hi Fred, Tomterm has an excellent sticky on the General Debt Forum re the proper format of default notices plus its also set out very clearly on the sticky for Statutes, CCA 1974 link, (Consumer Credit, Default and Termination Notices) Regulations 1983.)

 

Sent my defence off on 29th, just waiting to see what happens now, ditto your story, no agreement.

[miss muppet]

Thanks for that Fred, very interesting and good news for you and empowered.

They have done similar with me or rather Optima Legal has. Its a classic - DN I have in my possession dated 14th Feb. Optima Legal POC (claim for full amount) states DN served 18th Feb, time given to deal with 29th Feb)DN supplied by them as result of CPR request 13th Feb with no creditor name and address!

Of course I have felt it my duty to point this out in my defence!

[miss muppet]

Hi BRW, sorry I really must learn how to do linkbacks!

Had to go and check where it was myself - its in the Debt Action Group legal issues stickys, Basic Introduction to CCA etc.

[miss muppet]

Hi Fred , looks like MBNA are up to all their usual old tricks with you. Nearing successful conclusion of my case now, made sure I took all the evidence of their behaviour into court, caught them out on a couple of lies - i.e. they told the ICO that that hadn't passed the account to a DCA (Debt Clear Recoveries) that they were data processors (Oh right, so that is why they wrote to me telling me they had purchased the debt!) The changes of account number were they stated due to a system update in 2006 whilst stating due to charge off in 2008in their witness statement and then showing statements with the original account number after these dates - only got latter at last minute! Keep ploughing on and keep everything even envelopes!

[miss muppet]

Well, I don't know about you Fred but I was getting a bit bored with Gail and Matthew! Sunflower it was Optimistic Legal in my case - I particularly liked their reply to my CPR 18 request i.e. that they were not going to allow me to conduct a fishing exercise, they finally supplied the statements with their first witness statement when they applied for summary judgement and a big legal costs schedule - Judge didn't like that one and when she tried to object to my costs he shot her down in flames!

[miss muppet]

Will it be Esparantes currency Fred?