Jump to content


Ony vs MBNA (Continued)


ony
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5081 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I originally started this thread over in the General Debt forum but was advised to move it here, so here goes. The original thread can be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/91370-ony-mbna.html

 

Present Status:

 

  1. received goodwill gesture on 26th May
  2. rejected offer sent 4th June accepting it only as part payment only and did not accept this as full & final settlement; this was if memory serves my LBA. They had 7 days to respond by 11.6.07-today.
  3. CCA request sent to GV (DCA) but MBNA responded that it was not made out to MBNA. As per the above original thread I will be sending back the check to GV, unamended in name of GV and ask them are they aware of their responsbilities under the CCA (after they are in breach of course and committed a criminal offence 14.6.07).
  4. GV are chasing me up so I have sent a harrassment letter to MBNA and account in dispute letter.
  5. Just received another goodwill letter dated 6th June which is an exact copy of the first goodwill offer.
  6. So as it stands, no CCA and LBA has been thus far delayed by MBNA/GV. Should I respond to the latest goodwill letter again or ignore it and begin proceedings?

Thx

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

How close to your figure are both offers?

 

If close id say youve already paid me x, i only require a few more to be there.

 

If it was a big difference, id just say thanks, but its not acceptable and move on to court.

 

All depends how much of the charges you want back.

 

But i didnt see the CCA, when did you send the cca request? From a few threads on here, if the account goes into dispute and then onto a stage where its not enforcable, you cant claim for charges and claim that the debt be cleared due to lack of agreement, its one or the other.

 

As youll see from my thread, no agreement, but if i claim charges and ppi back, i come out with a few quid, rather than just clearing the debt. Plus told MBNA account is in dispute, they are still charging interest, so if they dont see my account is in dispute, neither do i :)

 

So again its back to numbers,

 

Do charges refund come close to the balance?

 

If yes, then claim charges back.

 

If no, just push for no agreement.

 

 

Dont know this looks, far too early in the morning :)

Link to post
Share on other sites

Their offer was way off; their offer was for £270, I' claiming over £2000! Off to court we go... :rolleyes:

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

CCA request was and defaulted on today 14th.

 

I'm just covering my arse!!

a) 1st choice is to have debt unenforceable and remove default notices.

b) If they provide it then hit them with the refund request.

 

Either way account is in dispute and they cant get their greedy little mits on my cash.

 

Just got this today from MBNA: "As you are aware your account is currently one payment past due. Please be advised that this account may be outsourced to a 3rd party agency. Once the account is placed you will need to make payments direclty to th agency......"

 

I have composed a letter from the threads seen here. Is this sufficient:

 

_________

Patricia Bassil Poole

Head of CustomerAssistance

MBNAEuropeBankLimited

StansfieldHouse

ChesterBusinessPark

Chester

CH4 9QQ

 

24th January 2007

 

My Ref: MBNA XXX

Consumer Credit Act Request.

 

 

 

ACCOUNT NUMBER: xxxxxxxxxxxx

Dear Ms Brassil Poole,

 

I am today in receipt of your letter dated 8th June 2007 regarding the account being in arrears and I am surprised by its content.

 

It seems I must refresh your memory…

 

  • I initially refer you to my request for refund of unlawful charges dated 20th May 2007 sent recorded delivery. I am under the understanding that this letter effectively placed the account under dispute at the time of you receipt and as such no interest can be added to the account, no action taken against me with Credit Reference Agencies and the account CANNOT be passed to a Debt Collection Agency. d letter.
  • I have received two offers of goodwill for from Rachel Claridge Assistant Vice President dated the 26th May 2007 and 6th of June 2007.
  • I declined the first offer in my letter dated 1st June 2007. I see no reason to formally decline the second offer as the amount is exactly the same; in fact the letter is the same. Therefore as stated in my Rejection Letter I will continue with my timetable and immediately proceed with court action to recover the entire amount of charges imposed on this account from May 2001 to May 2007 totalling £2,338.40 which includes £763.00 of charges and interest of £1,575.40.
  • However this action will be placed on hold until the MBNA satisfy their legal obligation as outlined in the further points below.

  • I refer you now to my request for the original credit agreement signed by myself sent to Global Vantedge dated 18th May 2007.
  • My request for my original credit agreement is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
  • In your letter of the 8th June you advise that I need to make a change in the beneficiary of my £1 postal order to credit my account. I disagree; as per the wording of Global Vantedge’s letter date 2nd April 2007 “Your MBNA account has been referred to us due to outstanding arrears” and as such I believe them to be the Debt Collection Agency and so I will be sending back my £1 postal to Global Vantedge un-amended.
  • Global Vantedge’s obligation also extends to providing me with a statement of account and I enclosed a £1 postal order accordingly in the name of Global Vantedge which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. Therefore the £1 was and is not to be paid into my account under any circumstances. Again therefore I will be sending back the £1 postal order to Global Vantedge and my timelines remain unaffected.
  • In my letter to Global Vantedge of 18th May 2007 I also requested a copy of the executed deed of assignment from MBNA and Global Vantedge.
  • You are of course aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
  • As of today both MBNA and Global Vantedge are in default of my request. As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now clearly in dispute. As such whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (14th June 2007).
  • I had been making a £1 goodwill payment on this account. However as you had thus far been unable to provide me with my credit agreement I will stop all payments.
  • This should not come as surprise to you as I sent you personally by recorded delivery an Account in Dispute letter dated 1st June 2007.
  • I am now in no doubt that MBNA have little respect for the law and the CCA 1974 along with its content. I have no choice but to inform the relevant authorities of the way that I have been treated and the way in which MBNA are running their (very profitable) business.
  • The account is in dispute until such time that MBNA supply me with the information which I am lawfully entitled to under the CCA 1974.
  • I have ordered my credit file and will be contacting you regards any default notices applied to my account during the period of time this account entered dispute.
  • Should you not provide me with my original credit agreement I will then enforce removal of the debt and all defaults on this account as the debt is unenforceable.
  • If however my credit agreement is presented then I will be seeking full repayment of the £2,338.40 levied on this account unlawfully and the removal of incorrectly applied default notices arsing from the unlawful charges.

In summary:

  • Following MBNA’s failure to supply the requested information (after 2+ 12 working days) MBNA defaulted on the 14th June 2007. As a consequence the account is in dispute. As you will be aware if an account is in dispute the ‘agreement’ remains unenforceable,. This is all clearly stated in the CCA. You are not entitled to enforce the agreement. This means that everything that the agreement consists of (adding interest, requesting payment and (in the event of arrears/non payment) employing Debt Collection Agencies for collection of the debt and also placing adverse history on my creditfile.
  • Requesting payments is an offence. Please do not request any further monies.
  • I have been threatened with Collection Agency action if I do not pay the ‘arrears’. This action is an offence. Please refrain from such action.
  • I have ordered my Credit File (via Experian) and should I find that you have placed a default notic or a ‘missed payment’ on my file I will expect it to be removed within 14 days of my request. Any action of this type is an offence. whilst he CCA request is not satisfied. It is an offence.

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

  • 2 weeks later...

Just received a statement from MBNA:

 

  1. In which despite my declining their goodwill offer they have credited my account
  2. They have continued to charge interest and charges on the account while the account is clearly in dispute.
  3. They have not produced the original credit agreement and defaulted on my CCA request by some 11 days.

Need I write them yet another letter, if so is there a template available for such a letter?

 

thx

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

I ignored the fact (because it suited me) that they could not supply my CCa, they will insist that the debt is still valid and enforceable, so I went along with that, because the charges and interest I was claiming amounted to the debt owed. I think that is why they have coughed up so quickly, without having to take this to court,,,,

Apparantly no CCA can actually be used for their defence if you take them to court to reclaim charges. (Have a read of my thread, was given some good advice there)

However using the lack of compliance at a later date to reclaim all interest payments ever made to them could well be my next step. Also I will be using the lack of CCA to get all defaults removed from my account.

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

  • 2 weeks later...

Standingup, will definately take a look see.

 

MBNA are really beginning to get on my t***!!!

 

Just received a letter from MBNA despite fact they have defaulted on providing my CCA, made a goodwill offer after an inital claim for repayment so clearly the account is in dispute, stating:

 

"your decision not to pay your arrears of X despite our reminders and offers of assistance has forced MBNA to withdraw your credit line and inform the Credit Reference Agency of the arrears" coming from the same P. Poole to whom all my correspondence has thus far been sent. This is b******s!! They are in default of the CCA and sre still screwing with my credit: How can I stop this?? How can I get this removed??

 

I will draw up a letter but any advice please on an existing template letter would be great. And obviously their actions are unlawful so who can I report them too?

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

Here's my proposed letter:

 

Patricia Bassil Poole

Head of Customer Assistance

MBNA Europe Bank Limited

Stansfield House

Chester Business Park

Chester

CH4 9QQ

 

8th July 2007

 

ACCOUNT NUMBER: *************

 

Dear Ms Brassil Poole,

 

I am in receipt your letter of ……………….and quite frankly I am shocked and disturbed that an organisation such as MBNA have little or no regard for UK law, especially the CCA 1974 pertaining to accounts in dispute, which this account clearly is.

 

I must refer you to my letter of the 18t June 2007 yet again as it appears you have chosen to ignore the law pertaining to 'accounts in dispute in the UK'.

 

1. My refund request letter for unlawful charges was dated 20th May 2007 sent recorded delivery. This request letter formally placed the account n question under dispute meaning no action can be taken on this account including interest accrual, payment requests or any action against me with Credit Reference Agencies.

2. further to my refund request I have received two offers of goodwill for from Rachel Claridge Assistant Vice President at MBNA dated the 26th May 2007 and 6th of June 2007.

3. I declined the first offer in my letter dated 1st June 2007 and as stated in that letter I was to continue with my timetable and initiate court proceedings for recovery of the entire amount of charges imposed on this account from May 2001 to May 2007 totalling £763.00 plus interest of £1,575.40 giving a grand total of £2,33840.

4. However this action is predicated on MBNA’s ability to satisfy their legal obligations, namely provision of my origiinal credit agreement;

5. I refer you now to my request for the original credit agreement signed by myself and sent recorded delivery to Global Vantedge dated 18th May 2007.

a. My request for my original credit agreement is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. I also requested a copy of the executed deed of assignment from MBNA and Global Vantedge.

b. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of that letter

c. You are of course aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

d. As of today 18th June 2007 both MBNA and Global Vantedge are in default. As such whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account, no action can be taken against me,no adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (14th June 2007).

6. Non of this information can come as a surprise to you as I have communicated these facts to you repeatedly in our communications over the past few months.

7. It is clear from your actions and I have no doubt that MBNA have little respect for the law and the CCA 1974 along with its content. I have no choice but to inform the relevant authorities of the way that I have been treated and the way in which MBNA are running their (very profitable) business.

8. The account is in dispute until such time that MBNA supply me with the information which I am lawfully entitled to under the CCA 1974.

9. I have ordered my credit file and will be contacting you regarding any default notices or negative information applied to my account.

10. Should you not provide me with my original credit agreement I will then enforce removal of the debt and all defaults on this account as the debt is unenforceable.

 

Your actions have and continue to cause me undue stress and I view your continued intransigence in this matter as harassment especially when it is MBNA who have defaulted on their legal obligation to provide me with my original credit agreement as requested in my letter of the 18th June 2007.

 

Therefore Not only will I be reporting MBNA to the relevant authorities pointing out MBNA's worthiness to hold a credit issuing license but I will also be seeking advice on putting a case forward for harassment against MBNA.

 

I hope this makes my position clear.

 

Your sincerely,

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

I was under the impression, as I read it somewhere here, that once a creditr failed to provide original agreement post 12+2+30 days, I'm at 51days then I (debtor) need not pay and can get the debt removed, ie got to court to get it wiped off + defaults. But that doesnt seem to be the case as from this thread http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement-5.html it appears I can only not pay and leave MBNA to continue to screw with my credit history. Well its a small victory but not what I had in mind.

 

From that thread it was noted that I could make an offer for full and final settlement of 10% of debt which in my case is £1500. Now they, MBNA, owe me £2600 in unlawful charges (inc interest). Should I make an offer of full and final 'trade' £2600 vs £1500??

 

Advice please

 

thx

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

I'm not too clear on all this but from my understanding as limited as it is NO they cant. Any authorisation was included in the agreement which they now cant find so the SOB's are just playing silly buggers at my expense.

 

I'm splicing a letter together taken from various threads to inform them of their criminal act, their obligation to remove it, a fixed timetable and threatening court action should they not get it sorted OR should I wait until they confirm that they havent got the agreement, and the go after them for interest paid since the account since its inception?

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

Here is the amended letter I propose to send:

 

I am in receipt your letter of ……………….and quite frankly I am shocked and disturbed that an organisation such as MBNA have little or no regard for the Consumer Credit Act 1974 with particular reference to accounts in dispute, which this account clearly is.

 

I again refer you to my letter of the 18th June 2007 which clearly lays out the facts in this case and outlines the legal parameters pertaining to 'accounts in dispute’ in the UK.

 

1. My refund request letter for unlawful charges was dated 20th May 2007 and sent recorded delivery. This request places the account clearly in dispute and as such no action can be taken on this account including interest accrual, payment requests or any action against me with Credit Reference Agencies.

2. I made a request for the original credit agreement in my letter dated 18th May 2007 again sent recorded delivery.

3. My request for my original credit agreement is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. I also requested a copy of the executed deed of assignment from MBNA and Global Vantedge.

4. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of that letter.

5. You are of course aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

6. You, MBNA have not only defaulted on my request but have also committed a criminal offence as the statutory time period, 12+2+30 days has elapsed for some time.

7. I will be notifying the relevant authorities immediately regards MBNA’s worthiness in retaining a Consumer Credit Licence.

8. As you have not been able to supply a regulated agreement that documents our alleged contract no contract up to this point exists and therefore you do not have permission to lawfully process my data, and to pass that data onto third parties. You do not have my permission to start to process any new data and any data already passed onto third parties must be withdrawn and destroyed.

9. Your action therefore is criminal and I ask that you remove it immediately.

 

I also note that you have begun calling me and leaving messages again on my phone again. I have a recording of the message and all conversations from this point on will be recorded.

 

Need I remind you that I have expressly asked that all contact be made to me in writing ONLY as documented in my letter 5th June 2007 in which I clearly state “If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.” I will now be making complaints to the appropriate bodies listed.

 

I expect to receive a positive response to this letter within the next 7 (seven) days. In the event of either no response or a negative response I put you on notice that I will file a claim in the county court for non compliance with the consumer credit act, and I that I will at the same time ask the court to make a declaration that the alleged agreement between us is void. I will also ask the judge to order the return of all monies I have paid to the account and will be asking the court for compensation for the continued inconvenience and harassment I have experienced from your actions.

 

Yours sincerely,

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

Hi

In the absence of a CCA the debt still remains and possibly the interest associated with that debt. You can reclaim the charges and possibly interest on those charges. The debt cannot be enforced even by a court BUT they can still update your credit reference agency files to show that the debt exists. By using the card they are allowed to process your data since this is an inferred right they claim to have:

 

See:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/104135-can-mod-provide-definitive.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/general-debt/103600-non-conformance-under-s10.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/general/101712-mbna-admitted-no-cca.html

 

If the charges imposed caused the default then you have a good chance of getting this removed as part of your negotiated settlement. But if that's not the case then, like me, you will have only a remote (if any) chance of getting them to conform.

 

If they subsequently locate the CCA then they can enfore the debt.

Link to post
Share on other sites

Hi Monty,

 

I'm a bit confused here as there are a number counter arguments going on.

 

I originally wanted to get charges back of £2600 but went the CCA route as I was under the impression then (from threads here) that no CCA meant no agreement and I could get the debt + defaults removed by the court. That now doesnt appear to be the case.

 

I then learnt that no CCA meant that not only debt was unenforceable but I couldnt then ask for a refund request of £2600 as how can I expect repayment of charges+ interest if there is in law no debt?

 

Following on from that in the last few days I came across these threads which suggests I can claim bank interest paid on the account. (I know my letter mentioned all monies paid as there is some who propose this in theory. It was a bluff) http://www.consumeractiongroup.co.uk/forum/general/101712-mbna-admitted-no-cca.html

MBNA No CCA, Gimme my interest :)

CCA's and Dave against the world !!!

 

I would dearly like clarification on what is and isnt possible and the next steps I need to take. (& ultimately if the find the agreement then I go for my £2600).

 

Also I thought that no CCA meant account in dispute and therefoer no action can be taken on the account (part of the CCA request template)??

 

I will read your threads later after some sleep just wanted to post off a rely before I get some shut eye.

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

Just received a letter from MBNA threatening legal proceedings in seven days!! A bit perturbed as doing this for my girlfriend and would hate to make matters worse.

 

MBNA as you note from this thread have seriously defaulted on my CCA request on the 14th May 2007. What to do?

 

Advice Needed

 

thx

 

This is a letter I intend to send:

 

 

Dear Ms Dee Dillistone;

 

I am now in receipt of your letter of 12th July 2007 and quite frankly I am extremely shocked and disturbed that an organisation such as MBNA has little or no regard for the Consumer Credit Act 1974 with particular reference to accounts in dispute, which this account clearly is.

 

This is the current status of this account:

 

1. A request was made for the original credit agreement in my letter dated 18th May 2007 sent by recorded delivery. My request for my original credit agreement is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

2. You are of course aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

3. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

4. MBNA have now committed a criminal offence as the statutory time period, 12+2+30 days has elapsed and I am now in the process of notifying the relevant authorities immediately regards MBNA’s worthiness in retaining a Consumer Credit Licence.

5. This account is clearly in dispute and while it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, NO INTEREST IS TO BE ADDED TO THE ACCOUNT; NO ACTION CAN BE TAKEN AGAINST ME; NO ADVERSE CREDIT REFERENCES OR DEFAULTS CAN BE LISTED AGAINST ME WITH CREDIT REFERENCE AGENCIES AND THIS ACCOUNT CANNOT BE PASSED ON DEBT COLLECTION AGENCIES. And lastly, I AM NOT OBLIGATE TO MAKE FURTHER PAYMENT TO THE ACCOUNT. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (14th June 2007).

6. Your failure to supply a regulated agreement that documents our alleged contract means that no contract up to this point exists and therefore YOU DO NOT HAVE MY PERMISSION TO LAWFULLY PROCESS MY DATA AND TO PASS THAT DATA ONTO THIRD PARTIES. YOU DO NOT HAVE MY PERMISSION TO START TO PROCESS ANY NEW DATA AND ANY DATA ALREADY PASSED ONTO THIRD PARTIES MUST BE WITHDRAWN AND DESTROYED.

7. Therefore the action outlined in your letter is clearly unlawful and should you proceed with your threat court proceedings will be instigated against you for removal of any actions taken on your part.

 

The onus of responsibility falls to MBNA to provide a properly documented agreement and until such time as one is provided no action can be taken.

 

I expect to receive a positive response to this letter within the next 7 days. In the event of either no response or a negative response I put you on notice that I will file a claim in the county court for non compliance with the consumer credit act, and that I will at the same time ask the court to make a declaration that the alleged agreement between us is void. I will also ask the judge to order the return of monies paid on this account in the form of charges and interest paid and compensation for the continued inconvenience and harassment I have experienced from your actions.

 

I hope I have made myself perfect clear.

 

 

Yours sincerely,

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

If they issue proceedings which I doubt given the cca situation issue a counterclaim for the unlawful interest charges they have issued to your account while in default & ask the court for a declaration that agreement unenforceable. You ask for disclosure under s.31.6 cpr for production of the original agreement.

 

I don't agree with the belief that its either charges refunded or no cca. Wilson v Sec of state 2005 states very clearly that although the creditor cannot enforce an improperly executed/or nil agreement there is nothing to stop the debtor(you) from enforcing the same agreement Therefore you should be able to reclaim unlawful penalty charges at same time.

 

If mbna take you to court they will have to produce the cca & then explain their total disregard of s.78.

 

As to data processing if the court makes a declaration & you serve it on the cra's then they will stop processing your data.

 

Nowhere in the Data Processing Act does it say that your consent can be implied.....it says you MUST have given your consent - no cca = no consent.

 

 

At the moment the companies like mbna are trying to intimidate, frighten & harrass people into paying what they need not aided & abetted by a supine TS and FOS.

 

Frankly if mbna don't issue proceedings my advice would be to issue proceedings yourself as outlined above, again asking for disclosure.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

Thx, It almost sounds as if I should be happy they are threatening to take me to court...

 

So would I be right in saying my next steps are:

1: Take a deep breath and relax ;)

2: Send the letter above.

3: Issue proceedings after 7 days for disclosure and return of charges/interest. Can they be combined or must the be initiated seperately? What/where can I find the POC for disclosure?

 

Josie, I'm getting mixed messages over charges vs CCA. I'll admit I dont yet have the bottle to be the crash test dummy on this, are there any precedents of success? Should I forge ahead with the disclosure or go back get my charges/interest and then come back to disclosure?

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

isnt disclosure part of the poc in the new poc template, we need to find out just what costs them so much to justify the charges? so we ask for disclosure of their true costs of charging and this is the thing they do not want to disclose.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

found this but I think there is definately another 'new approach' for disclosure somewhere rquesting directions.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

I ignored the fact (because it suited me) that they could not supply my CCa, they will insist that the debt is still valid and enforceable, so I went along with that, because the charges and interest I was claiming amounted to the debt owed. I think that is why they have coughed up so quickly, without having to take this to court,,,,

Apparantly no CCA can actually be used for their defence if you take them to court to reclaim charges. (Have a read of my thread, was given some good advice there)

However using the lack of compliance at a later date to reclaim all interest payments ever made to them could well be my next step. Also I will be using the lack of CCA to get all defaults removed from my account.

 

When you say they can use the absence of a CCA to their advantage please explain:confused:

Link to post
Share on other sites

isnt disclosure part of the poc in the new poc template, we need to find out just what costs them so much to justify the charges? so we ask for disclosure of their true costs of charging and this is the thing they do not want to disclose.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

found this but I think there is definately another 'new approach' for disclosure somewhere rquesting directions.

 

Thx but I was assuming Josie was referring to MBNA's disclosure of the alleged signed credit agreement and not charges. Is there a template anywhere for that?

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

Thx, It almost sounds as if I should be happy they are threatening to take me to court...

 

So would I be right in saying my next steps are:

1: Take a deep breath and relax ;)

2: Send the letter above.

3: Issue proceedings after 7 days for disclosure and return of charges/interest. Can they be combined or must the be initiated seperately? What/where can I find the POC for disclosure?

 

Josie, I'm getting mixed messages over charges vs CCA. I'll admit I dont yet have the bottle to be the crash test dummy on this, are there any precedents of success? Should I forge ahead with the disclosure or go back get my charges/interest and then come back to disclosure?

 

It depends on how much your charges are versus the credit balance.

 

However if they issue against you and you counterclaim if the charges don't outweigh the balance you will have to go for the CCA because if you get judgement for your charges but they get judgement for the balance and you haven't cited the lack of CCA it would be difficult to get 2 bites at the cherry so to speak.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Link to post
Share on other sites

It depends on how much your charges are versus the credit balance.

 

However if they issue against you and you counterclaim if the charges don't outweigh the balance you will have to go for the CCA because if you get judgement for your charges but they get judgement for the balance and you haven't cited the lack of CCA it would be difficult to get 2 bites at the cherry so to speak.

 

 

Well in that case I definitely need to go the CCA route as charges amount to £2600 and the balance is £15,000.

 

My letters go off tomorrow giving them 7 days to respond after which I start proceedings for non compliance with the CCA 1974. Is there a template/directions for POC as with the charges route around?

 

Whats the position regards interest paid as their no proof of contract as suggested in other threads, how is it calculated and should this be included in my claim for non compliance?

 

If they do issue against me or in the unlikely event that they find my agreement I would then be in a position claim back charges.

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

In response to my CCA request MBNA said would respond by 19th. This is what I got despite still not providing my agreement:

 

.....However as we would like to resolve this matter we have arranged a further goodwill payment of £498.00 to be credited to your account. This is in addition to the previous goodwill payment of £270.00 and on teh basis that this is full adn final settlement of your complaint. You will appreciate that this does not mean that we agree with your complaint. Please note that the goodwill credit does not affect the minimum payment requried on your account which is currently in arrears and over teh agreed limit. You are reequired to maintain the cotnractual minimum payment even in the event of a dispute......

 

 

Stalling tactics no doubt.

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

Account in Serious Arrears Letter received from MBNA today and yet they have still not provided me with any proof of my Orginal Agreement.

 

"...will reslt in the registration of a Default at the Credit Reference Agencies and eventual termination of this agreement".

 

What does 'eventual termination of this agreement' entail?

 

Do I just resend my earlier letters regards default on CCA request?

 

Also for the 3rd time of asking can anyone pretty please advise where i can get POC for claiming non-compliance and for interest/charges made on the account.

 

thx

  • Barclaycard (2 Accounts) CCA sent to both on 20.5.07 (defaulted)
  • MBNA CCA defaulted 14.6.07 (Claim £2600)
  • Capital one: Reject offer LBA 18.6.07
  • HSBC/Metropolitan/DG Solicitors: Credit agreement not found by DG Solicitors. Sent new CCA to Metropolitan 18.6.07 with original timeline 18th May 2007.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...