MBNA Response

[gemspan]

Hi Ian

 

If the company is outwith the prescribed timelines for the Consumer Credit Act as far as I am aware they have to get a court order to enforce it. However, they will get the court order but they could be fined for non-compliance with the CCA 1974. If they were fined, that fine may outweigh the debt.

 

If you dont think that is correct, can you point me in the right direction as to where to get the information you have as I have always been led to believe my points to be the legal case.

 

Thanks a lot.

 

Kind regards

Gemspan

[ODC]

Hi Ian

 

If the company is outwith the prescribed timelines for the Consumer Credit Act as far as I am aware they have to get a court order to enforce it. However, they will get the court order but they could be fined for non-compliance with the CCA 1974. If they were fined, that fine may outweigh the debt.

 

If you dont think that is correct, can you point me in the right direction as to where to get the information you have as I have always been led to believe my points to be the legal case.

 

Thanks a lot.

 

Kind regards

Gemspan

 

 

I think you are right Gemspan although I stand to be corrected

[ian1969uk]

Sorry, you're both wrong. The answer is in the CCA 1974:

 

6) 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

Therefore, once the default is rectified, whatever the timescale, he may enforce the agreement once again.

Trust me, this is 100% fact.

[ony]

Thanks guys,

 

the particulars of my case (& I hope I wont be accused of double posting) are that I have a £300 monthly repayment on a debt that carries over £2600 in charges. If not for the charges the repayment would be far less. In addition I went over my credit limit because MBNA's interest took me over £269 which has been sent to a Debt company. Again if not for the charges lower repayment, lower interest and no exceeding of my credit limit.

 

So would it be OK for me to CCA debt company (keep them off) and CCA MBNA to forestall the reapyment. I have already missed the repayment date to get clarification on this so its late already and a charge (recoverable) has been added to my account. I also want to freeze any interest/charges on this account until such time as my charges or indeed now the debt is removed, reduced or substantiated.

[ian1969uk]

By all means send the CCA request and see what it brings!

[wednesday1867]

Sorry for jumping in, but ive got a question ;-)

 

Im on a dmp with Payplan, MBNA have replied to my cca, saying they havent got the original application and i have to go and ask someone else.

 

So what we are saying is, when i reclaim charges back, i cant get them in a cheque? Because of the dmp, any payments, should be split between all creditors, so unfair to other creditors surely?

 

Also i thought i read somewhere, if they cant produce the agreement, i could claim back all the interest ive paidon the account, is this true?

 

Thanks

 

My thread is

 

http://www.consumeractiongroup.co.uk/forum/mbna/84974-wednesday1867-mbna.html

 

If anyone wants to have a look.

 

Thanks again:-)

[gemspan]

Sorry, you're both wrong. The answer is in the CCA 1974:

 

6) 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

 

 

Therefore, once the default is rectified, whatever the timescale, he may enforce the agreement once again.

 

Trust me, this is 100% fact.

 

That's what I am saying Ian. If they can produce the agreement however they do have to get a court order to enforce it, if they have failed to supply it within the permitted timelines!!!

[gemspan]

Thanks guys,

 

the particulars of my case (& I hope I wont be accused of double posting) are that I have a £300 monthly repayment on a debt that carries over £2600 in charges. If not for the charges the repayment would be far less. In addition I went over my credit limit because MBNA's interest took me over £269 which has been sent to a Debt company. Again if not for the charges lower repayment, lower interest and no exceeding of my credit limit.

 

So would it be OK for me to CCA debt company (keep them off) and CCA MBNA to forestall the reapyment. I have already missed the repayment date to get clarification on this so its late already and a charge (recoverable) has been added to my account. I also want to freeze any interest/charges on this account until such time as my charges or indeed now the debt is removed, reduced or substantiated.

 

This is what I would advise you to do. Send them a letter asking for repayment of all the charges plus interest (use the templates provided for this and the spreadsheet in the stickies!). This way it will reduce your debt substantially. At the same time, along with your SAR, send a CCA letter to get a copy of the original agreement. If they cant produce the original agreement you are in a very strong position but best to send the letter and put the account into dispute immediately.

 

Good luck

Gemspan

[gemspan]

Sorry for jumping in, but ive got a question ;-)

 

Im on a dmp with Payplan, MBNA have replied to my cca, saying they havent got the original application and i have to go and ask someone else.

 

So what we are saying is, when i reclaim charges back, i cant get them in a cheque? Because of the dmp, any payments, should be split between all creditors, so unfair to other creditors surely?

 

Also i thought i read somewhere, if they cant produce the agreement, i could claim back all the interest ive paidon the account, is this true?

 

Thanks

 

My thread is

 

http://www.consumeractiongroup.co.uk/forum/mbna/84974-wednesday1867-mbna.html

 

If anyone wants to have a look.

 

Thanks again:-)

 

If MBNA cannot produce the credit agreement and they are the original lender then you do not need to go elsewhere to find the agreement. It is their responsibility to supply it. If they dont within the stated timelines then you can stop all payments and ask them to remove your details from any CRAs. You cant claim back charges if they dont have the agreement because the debt does not exist, while they cannot provide the agreement. If they provide the agreement at a later date they can enforce the debt so you want them to write it off. You wont get a cheque for the charges because effectively they will just go back to reduce the debt.

 

I hope this makes sense.

 

Gemspan

[ony]

Guys which do you suggest is the best approach as I have been advised of the following based on responses here:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/91324-ony-mbna.html#post838990

[gemspan]

Hi oNY

 

You can send the SAR and the CCA at the same time. You will need to enclose a cheque for £11. They will then need to send you all the details relating to your account, together with a true copy of the executed agreement.

 

They have 40 days under the SAR within which to send you your statements etc., and they have 12 days (plus 2 for delivery) to send you your true copy of the Credit Agreement. If they fail to send you the copy of the agreement you can stop all payments and ask them to remove defaults registered against you. If they still fail to send you the credit agreement within one calendar month they have committed a criminal offence.

 

I would send off the letters above with the cheque and then wait and see what happens. Its up to you if you continue to pay but you could always just send them a token payment of £1 until this is sorted out.

 

Hope this helps

Gemspan

[ony]

Thx for clearing that up. I already have my statements hence the claim for £2,600 so can sent the CCA to the debt collectors. Excuse my lameness but:

 

Should I send a CCA to MBNA as well?

Should I send a payment request to MBNA for £2600?

[cosworthcarter]

Hello,this is my first post here.

 

I've been reading through these threads regarding MBNA and have a couple of questions:

 

Firstly: I have a credit card with MBNA - originally with BOS but taken over by MBNA - I didn;t sign anything to agree to MBNA taking over the account - Surely when they transfered the account from BOS mbna would have put something in the terms like "using the new card is agreement to a new credit agreement". They must have take over thousands of accounts - and if no one signed new agreements then all accounts would be void.

 

Secondly: After getting so fed up of being charged nearly £200 in interest every month my OH took out a loan to pay it off - (crazy i know but at least there is an end date now!) i always paid on time so didn't have any charges - if the account is non enforcable (because of no credit agreement) is there anything I can claim back?

 

Lastly: As i have just paid the balance on the card - i telephoned to just check that the "next month's estimated interest" would not be charged - and was surprised to hear that even though i have paid the account in full next month i would still have a charge of £188 interest on the account. I may be having a blonde moment here but if it's paid off surely that's it ?

 

I would be grateful of a response to my post

 

Thanks

 

 

 

 

P.s i've sent off my CCS to ABBEY (Claiming £4800) & they've acknowleged receipt - made an offer of £450 which I've rejected

[ony]

Thx for clearing that up. I already have my statements hence the claim for £2,600 so can sent the CCA to the debt collectors. Excuse my lameness but:

 

Should I send a CCA to MBNA as well?

Should I send a payment request to MBNA for £2600?

 

Hi oNY

 

I would send off the letters above with the cheque and then wait and see what happens. Its up to you if you continue to pay but you could always just send them a token payment of £1 until this is sorted out.

 

Hope this helps

Gemspan

 

Letters go out tomorrow; Request to MBNA and CCA to DCA. Thx for all the help; very much appreciated!

[ian1969uk]

That's what I am saying Ian. If they can produce the agreement however they do have to get a court order to enforce it, if they have failed to supply it within the permitted timelines!!!

 

No, they don't.

[bestmate]

Hello guys, here is an update on the original post....

 

I today received a letter from MBNA saying they have three options as follows:

1. Appeal to your sense of honour with hope that you'll contact us to negotiate a settlement.

2. Give your account to our solicitors with instructions to take the matter to court, possibly resulting in bankruptcy order being issued against you.

3. Assign your debt to a third party who will continue to pursue you for the outstanding debt....

 

The letter then goes on to threaten me with a default notice etc etc

 

Are they sure?? For those that havent read, they will default on the cca request nxt monday 28th. I am today going to compose a belter in reply. Anyone have any good quotes about them passing debt on that is in dispute? Any comments on the reply would be great!

 

They really are cowboys!

[SteveH2508]

Something to the effect that deliberate non-compliance with the provisions of the Consumer Credit Act 1974 would be a reason for the OFT to call into question their fitness to hold a Consumer Credit Licence. Once they have passed the 12(+2)+30 deadline and have committed a criminal offence, then a complaint to TS would be in order. If TS/OFT gets hundreds of complaints of MBNA not following the law they may end up having to do something.

[ODC]

This coming from the same MBNA who sent another CAG member a picture of pigs. Stuff them.

[yaffsimone1]

Well MBNA have ignored me too, still keep receiving the postacrds and letters and they are not far off from committing a criminal offence now. Have reported them to the information commissioner and FOS both are looking into, yet MBNA still insist on calling me on the number i have asked them to remove, actually they called me today and it is now in the hands of the info commissioner. Either MBNA have got balls or they are just plain stupid!!!

[ODC]

Well MBNA have ignored me too, still keep receiving the postacrds and letters and they are not far off from committing a criminal offence now. Have reported them to the information commissioner and FOS both are looking into, yet MBNA still insist on calling me on the number i have asked them to remove, actually they called me today and it is now in the hands of the info commissioner. Either MBNA have got balls or they are just plain stupid!!!

I think the latter is more likely to be the case. Of course English Law does not apply to them:roll: They rely on American Law. What happens if you dont pay. Do they ship you off to Guantanamo Bay. Wonder if there is an American version of this forum.

[yaffsimone1]

I think the latter is more likely to be the case. Of course English Law does not apply to them:roll: They rely on American Law. What happens if you dont pay. Do they ship you off to Guantanamo Bay. Wonder if there is an American version of this forum.

 

 

Yes, im not sure if you remember but in my MBNA thread i had them threatening me with American Law i have to say though they have not tried it again since my last chat with them.

 

The American Law thing is interesting considering committing a Felony carries a prision sentance in the US and im sure sure MBNA have committed many of those!!!

[ODC]

Yes, im not sure if you remember but in my MBNA thread i had them threatening me with American Law i have to say though they have not tried it again since my last chat with them.

 

The American Law thing is interesting considering committing a Felony carries a prision sentance in the US and im sure sure MBNA have committed many of those!!!

 

I really wonder what the latest ploy the will come up with. I have to say the previous post about appealling to your honour to pay an unproven debt is hilarious. They really behave in such an honourable fashion. When it comes to Honour the only honour they will understand is when His Honour with the wig speaks to them