Mum v MBNA

[indebtstudent]

It is a creidt card and a bank account, the creidt card being the main concern as that is the debt they were huffing and puffing about. It is a bonus that there have been charges on the current account

 

After getting the data there is nothing stopping a complaint to the Ombudsmen about they way they have gone on in general I'm sure.

[indebtstudent]

Do I really HAVE to send them ANOTHER reminder? This is getting a little frustrating now. Abbey did not comply with the SAR and defaulted her despite me pointing out that they cannot do this when the amount is in dispute. They even denied the amount was in dispute and have passed the matter on to a debt collection agency

[Lula]

Hi again, right as I see it, you have no alternative but to file at court for non Compliance, this is the Credit card debt right? am i right in thinking that they have complied with the Current account bit?

 

Is it definately Abbey that hold the information or is it MBNA? if it is MBNA then I think that you have to ask elsewhere, depends on what it says on the statements that she has got.

 

If you have written to the right people then your only option is to file at court for non compliance, usual N1 and say £5 for damages so that you have a minimal amount to pay for filing.

 

have you asked for the CCA? the debt may be unenforcable?

[indebtstudent]

I asked for a CCA and they sent one, looked fine to me. Thing is when I went to court the court staff thought I needed another form.

 

Most credit card are not provided by the banks but they are still able to come up with the statements.

[indebtstudent]

Yes the current account they did send a little list of charges and said other info was to follow (I think).

 

I asked Abbey for a CCA does this mean I can't ask the debt collection company? I was going to send them a letter saying don't acknowledge the debt.

[Lula]

Well you can ask Abbey or the DCA, if the actually do come up with one, scan it and post it on here and block out the personal details, most of them are unenforcable. And yes, state on it that you do not acknowledge any debt.

[indebtstudent]

Abbey well MBNA came up with one so WHY didn't the same organisation reqpond to the SAR?

 

To clarify I sent the SAR to Abbey with both aco**** numbers on. I sent a reminder stating that they had seven days to comply. They did send a list of charges for the current account but nothing for the credit card.

 

Given that they could manage to send the CCA on surely there should be some serious @$$ kicking for flouting the data protection act; unless that is they can wiggle out of it by saying it should have been sent to MBNA (I would counter that thier staff should know this).

 

I have thought of something else that might help, when I my mum got divorced she got legal aid. This is a civila matter too and though I suspect the rules might have changed I still feel she would be eligible (she has a VERY modest income). If this IS the case then wouldn't this be the best course of action for all concerned?

 

At worse I show the solicitor what we've done so far, at best they represent her and do a far better job than I could. I can find out if she is legally aidable from my volunatry work.

 

For now I have sent the DCA the general letter (dispute liability for debt) which basically says I don not acknowledge any debt to your company and asks for proof (there has been no communication from MBNA/Abbey to say it has been handed over).

[indebtstudent]

Bump, still considering above course of action, DCA (NCO) has rang a couple of times, and sent a letter threatening further action. In this instance there is actually little they can do, my mum is on a fixed income and so any court action wouldn't achieve a lot. I won't be telling them this but I am going to point out several obvious flas in thier efforts thus far -

 

1. They have provided no evidence that they are entitled to enforce the debt.

2. They have provided no information save for account no and address etc.

3. Thier cleint MBNA is in violation of the Data Protection Act and court action will be taken.

4. Due to MBNA's inability to comply with simple administrative tasks it is not possible to say what amount is legitimately owed. As such the amount is in dispute and should not be pursued.

[Lula]

I am having this removed to the MBNA forums, I have a feeling though that if it is an MBNA credit card they are the people that you need to send the CCA request and the SAR request to, but someone will take a look at it in there for you.

[pt2537]

I asked for a CCA and they sent one, looked fine to me. Thing is when I went to court the court staff thought I needed another form.

 

Most credit card are not provided by the banks but they are still able to come up with the statements.

 

 

Hi there

 

ok so youve sent the cca request and the one pound fee then,can you possibly post a copy of the credit agreement they sent, removing all the personal details first

 

ive come across many people who have said my agreement looks good only to be told that it isnt inforcable so its worth a look for sure.

 

if the agreement isnt compliant and rendered unenforcable then you have a much easier way of dealing with this for your mum than going through the courts

 

if you can scan up a copy of the agreement we can advise you on its enforcability

 

Kind Regards

paul

[indebtstudent]

Will see what I can do, I FINALLY have a scanner to hook up.

[Lula]

Wooohoooooo

[indebtstudent]

I really need to hook that scanner up ASAP. I'm feeling the pressue a little what with the other stuff I'm doing and I'm thinking of going to the CAB to get some independant advice more for my peace of mind than anything else.

 

However I feel I should make an update on the sitation. THe DCA has stopped ringing after I sent a letter pointing out they had ignored previous harassment letter. I also sent this

 

Regarding your letter dated 24th December I must make the following points.

 

First you have provided no evidence that you are entitled to enforce this debt and no confirmation has been provided from MBNA. It would be unreasonable to expect an individual to make a payment when no proof has been provided.

 

Secondly your client MBNA has totally ignored a properly formatted Subject Access Request made under the Data Protection Act. This has left me with no option but to issue a County Court Summons to enforce compliance.

 

Finally, in view of the above, I am not prepared to make any payment at this time. The amount is in dispute; I believe a significant proportion of the alleged debt to be comprised of unlawful penalty charges. It is possible that the whole amount may be comprised of charges – there is no way of knowing unless your client MBNA complies with the law.

 

I have also enclosed a copy of my letter dated 17th Dec which seems to have been totally ignored. Also for your information I have gone into more detail regarding your harassment by telephone.

 

I do not have the means to pay off the whole sum however I do fully intend to pay what I legitimately owe. I am frustrated that MBNA appears unable to accomplish simple administrative tasks even when law compels them to.

 

In future I would expect you satisfy yourselves that the proper procedures have been followed and also provide evidence of the debts your seek to enforce. The fact you send out a letter with an account number and an amount appears very unprofessional and makes one if it is your intention merely to scare people into paying amounts that may or may not be legitimate.

 

Until you resolve the issues detailed above no further communication will be entered into.

[indebtstudent]

They sent a letter in Jan 'confirming' the 'agreement' made on 16th Jan. There was no such agreement. I was just setting about writing a letter pointing out this blatant lie but, given what I put above, I can't really see the harm in doing nothing.

 

If I do send a letter then it looks like I'm not serious.

[indebtstudent]

Update. Have been to CAB and my mum will be seeing a specialist caseworker on Feb 19th. I am going with her both to see how they work and to give info re what I have done.

 

I will endeavour to hook the scanner up ASAP as I'm sure it would be invaluable given the expertise on these boards

[indebtstudent]

Ok so the caseworker we saw is only going to look at agreeing a repayment.

 

I am really cheesed off that that Abbey have done very little about this. I'm planning to complain to the Omubdsmen because it costs them money and go to court re non-complaince if necessary.

 

BTW just had a look at information commisioners website, seems somewhat of a waste of time IMO.

[indebtstudent]

Its been a while I know but there has been a development. This week my mum recieved some info from Northampton County Court. Westminsters solicitors have filed at court on behalf of NCO.

 

I'm not sure what they hope achieve because A) My mum's only income in incapacity benefit B) She has no assests C) She's paying of a previous debt at the princely sum of £30/month, this is all she had left on the CAB statement of affairs.

 

Also a few observations I've made we have no proof NCO are entitled to enforce the debt, we have had ONE letter from the solitors in Jan then no further contact. Clearly we need to get this transferred to our local court and turn up, even just on the off chance they won't.

 

What I was thinking is, bearing in mind the above, what sort of things should I be looking for to trip them up? And also what is the likely outcome if the court finds thus - yes you owe them four grand but you cannot afford to pay it off in your lifetim? Is there any point contacting the solicitors to point this out?

[eyeofhorus]

And also what is the likely outcome if the court finds thus - yes you owe them four grand but you cannot afford to pay it off in your lifetime?

 

Sewing bags or breaking rocks.

[indebtstudent]

Its a civil court.

[eyeofhorus]

Good to know that it will be polite.

[indebtstudent]

So anyway I'm posting this for anyone who wants to be constructive. I've put in the aknowledgement of service and couldn't hlep but noticing on the front of the claim form it says "Notice of Assingment has been provided to to the Defendant. This has not been done, in fact this is pretty much the first we've heard from these guys.

 

I also noticed the claim form has been submitted at Norhamption bulk processing center, no default notice was served and the prev DCA invented a fictional agreement to repay 1p per month.

 

I'm going to pull all this together for the defence.

 

PS

 

eyeofhorus your 'help is not welcome please take it elsewhere. I've had a little look at your other posts and it is clear what your beliefs are, if you like we can discuss them elsewhere, but please stop wasting both our time with your insight on this thread.

Edited December 24, 2008 by indebtstudent
Bad manners

[MARTIN3030]

eyeofhorus,I have to agree,with indebtstudent.

Additionally,its their thread and so you should reserve your comments for other places,if they are seen to be mindless to the posters thread here.

[MARTIN3030]

Am just catching up from begining again.

So you have acknowledged -what is the date shown on the issue as the date for your defence to be in by ?

[indebtstudent]

"A claim was issued against you on 10 December 2008.

Your Acknowledgment of Service was received by the Court and processed on 29 December 2008."

 

This is from the moneyclaim website, now it says on the guide to the claim from that the date of service is ten days deom the issue date which makes it the 15th. Therefore I'm not sure if the 28 days runs from the 10th or the 15th. I'm hoping the 15th.

 

Oh and the PO says:-

 

The Claimant's claim is for the tum of £4700 (I rounded this up), being monies due at today's date under a Consumer Credit Agreement. They sue as assignees of the agreement, Notice of Assignement has been provided to the Defendant.

[indebtstudent]

The thing I'm drawn to is this bit about notice of assignment - no such thing has been sent!

 

Also on the back of the guide to the claim form:- date of service is taken as 5 days after the issue date overleaf (10/12/08)... must send defence to the court to arrive no later than 28 days from the date of service.

 

By my recokoning this means it has to be in by the 11th of Jan. I can do it online if I know what to put in there.

 

I did send a CCA some time ago but have frankly no idea how to get the scanner I've got setup. The letter they sent with it said I can confirm the following are enclossed;

 

A copy of the original credit card applications

terms and conditions

Recent statement of account.