mbna will only correspond when told to by the fos

[trojanska]

like a numbnut i think i posted this in the wrong place:!: i took out a credit card with the bos in 1998,it was then taken over by mbna and the interest shot up.i fell behind,spoke to the national debtline and they told me to send for my cca,like a plonker i did`nt send £1,however they sent me my application form which did`nt contain all the prescribed information,i wrote to them asking for the proper document they replied that they`d sent a "mailer agreement" when they sent the mbna card,this i never used nor did i activate it,i did`nt acknowledge it in any way.these people are b******s,they made me feel guilty for having an autistic child,i feel guilty enough thanks.i spoke to debtline and they told me to place an official complaint about the bullying and the "no show" of the credit agreement...this came well after the 8 weeks with no appologies and no original credit agreement they just kept harping on about the "mailer agreemnent".i wrote to TS and they advised me to send the £1 recorded delivery as they can`t act until i have acted within the cca....fair do`s.....sent it recorded delivery but when the cheque had`nt cleared i e-mailed royal mail who said the letter must be lost so to fill in compensation form!! so i sent another £1 cheque off recorded delivery,i will get proof of delivery if it kills me!! i have also sent for my S.A.R - (Subject Access Request) (will this contain bos statements as well as mbna?)........if bos never ran my account properly does that mean that all the interest that i paid over the years with them was taken illegally just like mbna have done?does this mean tthat bos sold mbna an unenforceable debt?.....anyway,mbna are still sending demands and threats but will only correspond with me if told to do so by the FOS(have written to these as well).so,i`m sitting here in limbo waiting for my S.A.R - (Subject Access Request) which HAS been signed for but the cheque not cashed,and hoping that the postman gets me some proof of delivery soon for my cca!!!If they have wot they need to enforce why are`nt they,are they waiting for me to break??!!!A big thank you to those of you who did answer me even though i`d put it in the wrong place!!!

[pt2537]

OK, firstly dont worry, if there is no credit agreement then they cannot enforce the debt even if they took you to court a judge cannot do anything as his hands would be tied by the failureto supply an executed credit agreement.you have nothing to worry about unless they produce a copy of the agreement then they can enforce the debt but they would look rather stupid for having an agreement and not sending it to you, my guess would be that they do not have the agreement!!

 

the best course of action is to keep all the letters they send you as they are excellent ammo against them, then after the 12 working days plus a furhter 30 days have passed i would complain to the OFT as they issue credit licenses so they should take up the matter. also check your credit file, if there is an entry on there from MBNA showing a bad credit history then contact the information commissioner as they do not have your consent to process data .

 

 

goodluck

 

paul

[trojanska]

is there a letter template to write to the information commissioner?do i have to wait for my 12 + 30 days before i write to them so that everythig is kept on the level or do i say b******s and write cos if they`d got it they would have sent it????thanks for helping xx the cca leeter was signed for today,so the countdown begins !!

[pt2537]

Hi

 

the best thing to do is to wait until the 12 working days have expired, this means that the account enters into the default situation and becomes un-enforcable. i would do nothing now, just get on with your life and forget about it until they reply.after a further 30 days they have committed an offence under the CCA 1974.

 

the thing to do is to contact the information commissioners office ,you can phone them and they will probably have a complaint form they can send you but i would wait til the 12+ 30 days has expired before you do this. you need to check your credit file with the three credit reference agencies to see if they have added any adverse data, if they have then you can complain to the info commissioner for a possible breach of the data protetion act

 

like i said before, i cant stress this enough, just forget about MBNA for now as the onus is upon them to send you the info you asked for, if they dont you can tell them to sod off but just wait till the time limits expire thats what i would do and have done with littlewoods

 

 

regards

paul

[powelll]

is there a letter template to write to the information commissioner?do i have to wait for my 12 + 30 days before i write to them so that everythig is kept on the level or do i say b******s and write cos if they`d got it they would have sent it????thanks for helping xx the cca leeter was signed for today,so the countdown begins !!

 

You are better off approaching trading standards if they breach CCA. The infor commissioner is usally more regarding your personal data being processed & stuff to do with your cred ref file. I agree they should be contacted but re this actual agreement go the trading stds route.

 

Good luck

[pt2537]

Hi, sorry but it would appear that my post was slightly misleading as it aimed more towards the info comms office, i agree with powell that you should pursue TS and the OFT for the breach of the CCA 1974 the info Comms office is only good for bad marks on your credit file

 

 

cheers for bringing this point up powelll

 

kind regards

paul

[powelll]

Hi, sorry but it would appear that my post was slightly misleading as it aimed more towards the info comms office, i agree with powell that you should pursue TS and the OFT for the breach of the CCA 1974 the info Comms office is only good for bad marks on your credit file

 

 

cheers for bringing this point up powelll

 

kind regards

paul

 

No probs; sorry if my tone was a bit abrupt I'm at work so trying to type quickly ( with 2 fingers!! )

[pt2537]

Hi nah no worries it was just that i got a little carried away with the info comms side of things and forgot to mention the OFT and TS. im glad you pointed it out otherwise trojanska could have been pursuing the wrong track with regards to the CCA request.

 

thanks again

 

paul.

 

ps i cant type quickly to save my life, one finger or the tip of a pen is the best i can do, thats why it takes so long for me to reply:)

[trojanska]

hello Powell and PT,thank you for your replies,now i know both letters (cca and s.a.r.) have been signed for ,I`m gonna count the days down and wait for my next move.....thanks again,take care xx

[trojanska]

I was sitting back and counting the days,when I get an alert from credit expert(experian) and someone has been accessing my files.No surprise really it was MBNA,I has sent a letter on the 12th june quoting section 10 of the Data Protection Act,and the fact they have no right to process or view data on myself untill they provide the agreement that says they can.....they still have only provided an application form and still not complied with my S>A>R(both requests have been signed for so they can`t deny).Then the w*n*e*r* send me a lovely pink letter with a pink piggy bank on asking me if this could be my new best friend???Then all the normal gumf about taking me to court,pay directly from wages etc...I really want to tell them to take me to court but in my letter I said I would not respond to their bully letters and would only correspond about the "lack of agreement" issue.....I have until 9pm on fri 27th june or they MAY(that`s their trick word)take the necessary actions....why keep threatening me,they`ve been doing this for months???I will send a copy of the pink letter to the OFT,TS and FOS,how can letters like this be allowed??OOhhhh my blood is boiling,God help Matthew McGrath,his downfall will come one day....I`m off to find some chocolate!!!!:evil:oops nearly forgot,experian tell you to question anything on your file that isn`t right so I put a complaint in about MBNA not having consent to process or access my file,so will wait to hear what bull mbna tell them,just a quickie...will mbna have to prove a credit agreement to experian if they request it?? BYE xx

[trojanska]

somebody please help me,I have received two e-mails today from mbna,one said...we would much rather come to an agreement with you directly than take further action however,you are leaving us with no choice.Due to the regulatory requirements we will be forced to Default your account,which will remain on your credit file for six years.A Default does not relieve you of the responsibility to repay the debt,which may be legally assigned to a third party for collection.......second one said...please telephone steph bordas on 08000924297,extension 14674 as a matter of urgency regarding your mbna issued credit card.THIS IS NOT A SALES RELATED CALL from paul brighton,section manager customer assistance.

I still have`nt received my credit agreement only an application form and i`m waiting for my S.A.R.

I have written to then that I will not correspond to their bullying letters but only to the ones that address the issue. but now they`ve ****ed me off,they will only correspond when told to do so by the FOS,so are the FOS telling them to harrass me??? only kidding,aaarrggh when will they stop??

Has anybody got a letter i can get them by the balls with?can they default me without an agreement? head is spinning again!! a big thanks for the support xx:(

[powelll]

They can only send a default notice ( which is a requiremtn under the consumer credit act 1974 ) if you have defaulted on the original agreement you signed for. The obvious issue here is that they haven't complied with the request for this info ( which they are obliged to provide under CCA regs ). Until this is supplied they should not be registering a default. You have a legitimate dispute about this debt therefore you should not be being pursued ( is contrary to OFT debt collection guidance ).

 

I'm sure there's a template letter on here somewhere that I can't see (!) which words this much better to send to them. If they are outside the 12 working days from your CCA request approach trading standards. They haven't committed a criminal offence if not gone over the further 30 days limit but they should not be registering a default.

 

Best of luck; keep us posted

[pt2537]

i agree with powelll they should not be issuing a default, infact they cannot issue a default as a default notice can be considered enforcing the debt IMHO which is prohibited while they are in default i:e the twelve days have expired and no agreement.

 

i think its time to tell them to sod off (politely of course:D ) and worry more about finding your credit agreement rather than pestering you for money

regards

paul

[trojanska]

hello PT and Powelll,thanks for being there,some days you just lose the will to fight and then come along me old muckers and build my confidence back up,one question though,what does IMHO mean?Thanks again xx

[pt2537]

In My Humble Opinion (IMHO)

 

dont give up, at the end of the day its them that are fu*ked (by not supplying the credit agreement) not you so dont worry and keep the faith. you will be ok

 

regards

 

paul

[trojanska]

thanks for that,i feel a right plonker!! Keep the faith,you into Northern Soul,I have`nt heard that quoted for a long time ??!! Do I have to be kind and allow for any delay due to the postal strike or is it tough s**t and count the days regardless?? They`ve not shown me any remorse so i really don`t feel like showing any back!!Bye,take care xx:lol:

[trojanska]

only me:) well,what a turn up for the books,NOT!! yesterday i received my statement,they`re still adding interest but have stopped all charges,but they`re still gonna default me and sell my account to a third party!! Then today i receive my cheque back,but it`s the one that the postman lost,they`ve stamped it on the back REC`D PR 24 May 2007,so the gits had it all the time,and they`ve sent me another copy of my application form which contains no terms and conditions and no APR,this was faxed to them from bos on the 2nd july.Bos were nice enough to write my old account number on the fax and i`m thinking of sending a S.A.R request to them,as i have read somewhere,if the account is unenforceable(due to improperly documented credit agreement),then the charges and the interest were unlawfully added as there was no proper agreement,then basically bos had no right to charge me interest and charges,and because mbna are now liable for the account that they will have to put it right!!take care:)i have just found my "with compliments" slip and it says..please find enclosed a copy of your application as requested.....I`m banging my head against a brick wall,they know i`ve requested my credit agreement.

[trojanska]

have i had unlawful charges and interest added since this account started with bank of scotland as they can only produce my application form?

[trojanska]

am i right that if the credit agreement is unenforceable then i have been wrongfully charged interest and charges from the time the card was opened by bos? I really need some help on this please.xx

[trojanska]

can anyone point me in the right direction? because if i do need to S.A.R bos i could be doing it,thanksxx

[powelll]

Hi trojanska sorry I haven't been ignoring you but I only have internet access at work!! So some days I can reply in a few minutes then a few days...

 

Yes, I would send the SAR request as well. You mention banging your head against a wall as they are saying 'thanks for application request'. Well it makes no difference what they SAY you asked for. If you sent your request recorded delivery & you have kept a copy then effectively you can just let the time run out - you shouldn't need to chase them and remind them of their obligations under CCA rules.

 

Hope this helps; keep your chin up

[trojanska]

lovely to hear from you Powelll,I will S.A.R to bank of scotland,mbna have about 10 days left on their S.A.R request.MBNA shot themselves in the foot by sending the "lost" cheque back to me dated 24th May 2007 which is superb evidence that they received the request even though there is no proof of posting(postman lost it!!)because the muppets dated and stamped the cheque on the reverse.They are well and truly up the swanny!!! take care xx:oops:

[trojanska]

i need some help here please!! mbna have until thursday to produce my S.A.R,what is my next step if i don`t receive it?Also they have sent me a letter today saying ....thank you for your recent communication.We are currently investigating your complaint and will provide you with a full response by July 11 2007,steve bailey,head of customer advocate office.They still have to provide within 40 days don`t they? I have plavced an official complaint with these fools already and that was when they told me they would only correspond on this matter when told to do so by the FOS,thank you xx

[PriorityOne]

You need to decide whether to withhold all further payments on the account... due to lack of a CCA or go for the unlawful charges through the SAR.

 

If they have not come up with a CCA for you, then the account cannot be re-enforced in court. An Application is not a CCA. If they are threatening to sell it to a third party, then it suggests that they don't have it... so try not to rise to the bait. If they sell it, report them to TS/OFT and to the ICO for the unlawful sale of your personal data.

 

[trojanska]

i`m getting confused now!!! I got the impression from the advise i have gotten and other threads i have read that.....because there is no enforceable credit agreement that i could/should stop paying,also because of the lack of agreement the creditors had no legal right to add interest and charges.....so,to request S.A.R and work out how much the unlawful charges came to and go from there.thanks xx