MBNA, CCA received 5 mths after request! Requests for payment and threats aswell

[miss muppet]

Just being picky Fullyskinted meantime is one word and also the sentence suffice it to say yours does not meet it will do, little confusing I think, praps something along the lines of suffice to say, your application form does not meet the criteria of the Consumer Credit Act, completely excellent letter otherwise and I shall pinch some of it when dealing with Reliable collections as they have been charging me ppi for at least 3 years without asking! Wish us luck tomorrow, off to Prelim with Barclaycard, the muppets (oh no thats me!) have withdrawn an earlier offer because we are also asking for default removal and say they are going to appear with Barrister, bit short notice I think 24 hours but praps President Blair is available now he's out of work:D Let us know how you go with this, I think your letter:) should finally stop them in their tracks

[Fullyskinted]

Miss Piggy (geddit!)

 

yes, a mate who has slightly less to do than I have has pointed me a few times with the general grammar etc. he says I should take out the little quips and snide remarks tho

[miss muppet]

Coo, when I first read that I thought how rude, has he/she got web cam but then I thought yep its a pretty accurate description and I practised it in court with husband to-day and it works, Barclaycard went out for the count!!!

[Fullyskinted]

Any more comments please guys???

[cashin]

Hi everone, just subscribing to thread with interest as it looks like we all have somthing in common.

 

Regards

 

Cashin

[Fullyskinted]

The letter is going off tomorrow. Along with the FOS complaints forms (CCA Req and PPI)

[Josie8]

............

Edited January 21, 2009 by Josie8

[Fullyskinted]

Hmmm, OK. Ill let you know what I get back then I guess

[humbleman]

Fullyskinted any progress on this

[Fullyskinted]

No news as yet! I guess its about time I opened up another can of Whoopass

[Fullyskinted]

Right, need some urgent advice.

 

In my last letter to MBNA, I wrote the following:

 

I note from my Credit File (via Experian) that you have now placed two ‘missed payments’ on my file. Again, this is not permitted whilst the CCA Sec 78 request is not satisfied. It is an offence. Remove this from my credit file within the next 14 days and refrain from placing any others on my file. Please accept this letter that I am putting you on notice that in advent of any adverse reporting while MBNA are at fault I will issue a claim at court to get any adverse credit history that has been added by yourselves removed. I will also ask the court to order production of a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by me in respect of this alleged debt.

Guess what? Yep! theyve put a third missed payment on my credit file!!!

So, I need to know asaFp how exactly I go about putting them on notice at court. Can anyone help me please???

Thanks

 

FS

[buzby]

It's not up to you to take them to court on this - indeed I don't think any action would be deemed competent unless instituted by the ICO. It is they would administer the rules and police any breach. They have far more powers to make life difficult for them - your attempt at calling them to book for a technical breach would not be a small claims track action.

 

I have has experience with them and they are completely amoral in the methods they take to get at the punter. Let the system for for you, and hit THEM where it hurts.

[Fullyskinted]

OK, VERY nasty letter today. Entitled 'WARNING'

 

"You are hereby notified that we may authorise collection agents to visit your home in order to interview you regarding repayments to your credit card acctount.

 

Unless you contact MBNS within 7 days of the date of this, you will leave us no choice but to consider taking one of the following actions:"

 

We may issue Court Proceedings againmst you for outstanding debt owed and if we are successful in obtaining a County Court Judgement then we may apply to the Court for an Attachment of Earnings Order or, if you area resident in Scotland, a sheriffs court decree is entered against you and we may apply for an Earnings Arrestment.

Register a Default on your credit file, which will affect your ability to obtain credit in the future.

Collection agents visting your home.

 

Please contact us immediately on 01244 679830 to prevent this action from being taken"

 

So I called em! Spoek to some Irish woman. She gave me the number for a woman (Joanne Johnson) that I have sent correspondence too. Called that number and she aint there, but she called me back. bascially she said that they sent me a final response already in May and that its now in the hands of the FOS. She maintains that the acct is now 7 months in arrears and that I should have continued making the payments. She wouldnt listen to me- as soon as I tried to tell her somethign I got blocked out and she threatened to terminate the conversation.

 

What am I gonna do now then? Forward this to the FOS aswell? When I called them at the end of July they said it would be a minimum of 3 weeks til they looked at my case due to the work load theyre under at the mo.

 

Answers on a postcard please...

[redsue]

have you complained to trading standards?

have they been adding interest, etc - if so why not take them to court to reclaim all the charges and interest they have added whilst THEY have been in default of the S78 request?

You can also put in your POCs that you wish the court to deem the documentation irredeemably unenforceable agreement re s127(3) - let them stand in front of a judge and explain their actions - once deemed unenforceable you can then have a go at claiming back all your interest.

[Fullyskinted]

I havent done anything with TS - seeing as they seem to be useless in these cases. FOS are the only people Ive dealt with.

 

And i havent listed anythign at court cos of this...

 

It's not up to you to take them to court on this - indeed I don't think any action would be deemed competent unless instituted by the Information Commissioners Office. It is they would administer the rules and police any breach. They have far more powers to make life difficult for them - your attempt at calling them to book for a technical breach would not be a small claims track action.

 

I have has experience with them and they are completely amoral in the methods they take to get at the punter. Let the system for for you, and hit THEM where it hurts.

 

Anyone got a contact in the ICO????

[Rhia]

Actually you can sue them for a breach of the Data Protection Act BUT you need to get the Information Commissioner to support your findings. The ICO does not take them to court you have to do that. Also it is only for breaches of the DPA not offences under the CCA.

 

However you may all find this post interesting as this is what happens after MBNA harrass and ignore your complaints they sell you off to a DCA (even when the account is in dispute).

 

http://www.consumeractiongroup.co.uk/forum/mbna/110707-mbna-cabot-deed-assignment.html

[standingupformyself]

Hiya Fullyskinted...... No they did not provide me with anything, other than the letter that I posted on my thread stating how my debt was enforceable regardless of the fact that they could not provide me with any information, and that they were breaking the law themselves!

[REST ON A SUNDAY]

any update

[Fullyskinted]

OK. UPdate. I got Court papers today

 

More info once Ive consoled myself a bit.

[supasnooper]

Please can you post\write up the Particulars of Claim.

 

Which solicitor is handling the claim ?

[Bullhunter]

Is this situation not ringing alarm bells anywhere - thought we were fireproof on CCA's?

[Fullyskinted]

OK, not been on here. 0ptima legal are the solicitors. Been away a lot and not had time to deal with this and the Allocation Q needs to be in TODAY!

 

I might really be in the **** with this. Just spoke to their legal begals and she is categorically saying Ill be charged court costs aswell (£5k).

 

Ive just offered a payment. I cant believe the FOS said that their claim was all above board and the timescales all ok.

W@nkers.

 

So, I tried calling the court, to help fill out the AQ, but no answer.

 

Really panicing now. If you hadnt guessed...

[Rhia]

Legals always say it will cost you lots etc - it's part of the psychological warfare against you aimed at getting you to settle. I haven't read back so can't recall it all but why did you offer them a payment?

 

Can you post up POC as Supersnooper asked?

[Fullyskinted]

This is the one of my problems. My desktop PC has died, I cant find ANY of the paperwork from 2 years ago and I cant find the POC!

 

I think Im screwed.

I made the offer, just to try to get it gone. ANd looking that some of the offers being banded about this morning, I think my offer is more than enough!

Ive looked thro all my old posts etc. They have broken sooooooo many rules/.regs, but WTF am I to do when the FOS ruled it was case closed and I didnt have a leg to stand on?!?!

[Rhia]

I am sure if you call in at the court and explain they will at least give you a copy of the POCs. Similarly MBNA should, as a courtesy, supply you with the case against you.

 

You can ask the court for an extension of the deadline for the AQ.

 

It has taken a long time for this to come to court - what happened in between times? From 2007-2009? What date did they start action?

 

It's all a bit messy isn't it?