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Please could someone provide some advice about the following please? :)

 

MBNA responded to our CCA request by confirming that the original agreement had been destroyed, but attempting to pass off conjectured t & cs on us claiming these were what we had signed up to (they weren't and we have proof they have acted illegally here) and that they had therefore complied with the Consumer Credit Act. A complaint was sent to TS but no response yet. We sent a letter stating that no further payments would be made until MBNA complied with the CCA. A s.10 DPA notice was included to stop them processing our data.

 

MBNA have, of course, ignored our letter and continued to chase a couple of times a week for payments by letter and phone. The latest letter from them threatens to sell the debt on and register a default against us.:evil:

 

Please could someone advise the best way to deal with this? I was going to remind them that they'd be breaking the DPA if they registered the default and this could result in court action. How about the selling the debt part?:???:

 

Many thanks

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Write to them informing them that until they furnish you with the copy agreement they are in default of your request for info under s77-79 of the CCA. If 12 days have passed since they received your request they are in default and whilst this default remains they have NO right to continue chasing you. You should remind them that also under s2.8k of the OFT debt collection guidance they should halt any action until they rectify your reasonable dispute, if they do not do so then you should look to complain furthermore to The OFT and possibly the FOS.

  • Haha 1
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The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

The Amount Owed is Not in Dispute.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This was posted on this site and covers most of what needs to be pointed out.

 

Recorded Delivery

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the \\\\\of May 2007 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On\\\\\\\ May 2007 a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the \\\ May 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

  • You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  • You may not add further interest or any charges to the account.
  • You may not pass the account to a third party.
  • You may not register any information in respect of the account with any credit reference agency.
  • You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

 

 

 

 

Kind Regards

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Just subbing too!

 

Good luck!

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Thanks guys! :)

 

The only problem is that I've already sent a letter to MBNA much the same as the one clutchingatstraws kindly posted - typical of MBNA that they've completely ignored it! :(

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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In my letter of the \\\ May 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

 

a true copy under s77 does NOT have to include signatures.

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  • 1 month later...

Finally got a response from MBNA on this one - I'd appreciate your thoughts on it please :) I'm sending the letter off to TS but am also thinking of a complaint to the Financial Ombudsman and the OFT too now, so need to get my facts straight. I am thoroughly hacked off with MBNA now and will do all it takes to nail them.

 

Despite previously admitting that the previous agreement had been destroyed and passing off conjectured T & Cs instead they've said 'a copy of your excecuted credit card agreement was sent in the form of a credit card mailer in 2005. This actually serves as your copy of that credit agreement for the purposes of the Consumer Credit Act'.

 

  • Firstly the 2005 date cannot be correct. This account was started in 2002 and the first time we asked for a copy of the CCA was earlier this year - why would they send a copy to us in 2005 (do you think they might be telling little porkies?! ;) ). Anyway I'm going to ask for a copy of this mysterious 'mailer' - do you think it will have been destroyed too?!!!
  • As far as I am aware credit card mailers do not comply with the very specific requirements of the Consumer Credit Act for a true copy of the executed agreement?

MBNA then say 'if a lender did fail to comply with S.78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S.78 was satisfied) but the credit agreement itself, together with the borrower's obligation to repay, remains valid and intact. For the avoidance of doubt your credit agreement remains valid and your obligation to pay remains intact.'

  • Surely they are on dodgy ground here? Failing to comply with our CCA request has not stopped them sending regular threatening letters, anonymous postcards and ringing almost every evening. The CCA is very specific that a debt cannot be enforced if a CCA request has not been complied with - MBNA obviously beg to differ! Please can a legal eagle clarify this for me?


In the letter we sent requesting they stop harassing us as they were in breach of the CCA we specifically withdrew permission to continue processing data under S.10 and S.12 of the DPA. MBNA have responded to this with 'under the terms of your credit agreement you have consented to the processing of personal data. On this basis the request for details of your account to stop being passed to credit reference agencies will not be fulfilled'.

As a final little surprise they announce they've added that the debt has now been 'legally assigned' to a debt collection agency and that a default has been registered against me. Of course there was no default notice as required under S.87 of the CCA, but then that's no surprise :rolleyes: . They do say that they tried to contact us beforehand to 'let you know' but couldn't get hold of us, so that's all right then....

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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IMO, the response from MBNA is utter tosh. (This is a technical term to describe bovine excrement from OCs; similar material from DCAs etc is termed 'crap')

MBNA cannot claim that something they allegedly sent you in 2005 meets the statutory duty under the CCA. The whole point of S78 is that it is a duty to provide information.

The Act states that 'The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement......'. [My bold emphasis].

I would reply pointing out the section in the Act and tell them you consider they have not met your request and that they are in default. I would then complain to FOS, Trading Standards, the OFT, FSA and the rest of the alphabet soup of regulators.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I agree with Docman

 

IF they have destroyed such an important document its tuff luck for them.

 

I would get writing to your local T/S first.

 

RO

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MBNA went away when I sent them a CCA letter back in May and they couldn't produce anything. I suspect they are clutching at straws. They need to be able to produce the agreement in court to prove the debt exists and if they are referring you to a piece of paper they allegedly sent you in 2005 they are hardly going to produce that are they?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Thanks for your advice everyone and good luck to those also deal with these morons. TS have acknowledged receipt of our complaint, but we've not heard anything more yet - I'll bet they are busy with complaints about MBNA... :)

 

My main concern at the moment is the default they registered last month. I really need to get this removed because it's completely screwed up our credit rating - as they didn't bother sending a default notice, and are in clear breach of the CCA I might try a letter before action letter as well as OFT, TS and FOS.

 

MBNA are a complete shower of sh**! :)

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Hi MC,

Have you asked them (directly) for a copy of their Complaints Procedure? They're obliged to send it, I think.

Well worth doing. :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Thanks Sosumi,

 

MBNA have progressed it to their final complaints level without me even asking for it to be dealt with as a complaint (!) The letter I got was from one of their Vice Presidents and stated that they would not enter into any further correspondence about the matter. They enclosed an FOS complaints leaflet.

 

The arrogance of these people is amazing... :evil:

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Hi MC

 

Nothing surprises me about MBNA anymore :evil:

 

I've been in dispute with them for ages now, and they keep ignoring correspondence I send to them as well.

 

The reason I am still writing to them, despite being ignored, is because if they attempt to take me to court I will be able to show the court that I have made every effort to deal with them professionally under the CCA and THEY have chosen to ignore me/send me rubbish back.

 

Keep your chin up, YOU are in the right here (and they most likely know it!). Keep all your correspondence, report them to all and sundry, and let them go and visit a taxidermist on their own behalf! :p

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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LOL! :-D

 

Thanks Spiritgirl,

 

Good luck with your fight with MBNA.

 

I will try to keep my chin up too - it's just the default that really winds me up (and the MBNA smugness too....!). Oh well let's see what the FOS, OFT & TS come up with - then it'll have to be the Office of the Data Commissioner too I suppose for their transgressions under the DPA. :roll:

 

MC x

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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I've mulled this over for the past few days and am wondering whether it may be worth progressing to Court action rather than complaints to the FOS, OFT, etc. Bearing in mind the serious breaches of the CCA and DPA that MBNA have committed, particularly registering a default and assigning the debt to a DCA without a valid agreement, I think it would be well worth the hassle.

 

Has anyone got any thoughts/views on this? :)

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Hi MC

 

I did not get very far with the OFT or FOS so I have given up contacting them about anything further now.

 

I could take 2 of my OCs to court as I am in the same position as you; I'm not going to bother personally as I don't want the hassle. If THEY try to take me to court then its a different matter as I have all the evidence I need to show the court they have committed serious breaches.

 

If you do decide to take MBNA to court, you'll have the full support of myself and I am sure many others on here.

 

Anyhow have bumped up your post for others to have a look and comment on.

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi Spiritgirl,

 

Thanks for your post. I think I will take MBNA to Court - like you I haven't much faith in the various 'enforcement' ('now don't do it again you naughty little creditor' :rolleyes: ) agencies. However it'll have to wait as I've got enough Court stuff on my plate at the moment.

 

In the meantime I'll CCA Arrow Global, who MBNA have 'assigned' the account to, when I hear from them - should get rid. I'll keep everyone updated.

 

Good luck to you and everyone else dealing with the wonderful credit industry.... ;)

 

MC x

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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  • 2 weeks later...

Hi sorry to hijack but can anyone help?

I just had fun on the telephone with MBNA.

I followed advice from this site and asked THEM to confirm security questions.

The idiot then proceeded to read out MY details in response.

Is this a breach of the Data protection act?

 

Mods please feel free to move this post.

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hiya vera

 

LOL they are complete numpties aren't they? I did chuckle when I read this but I appreciate it is NOT funny - they could have been talking to anyone at all :evil:

 

I don't know about breaching the Data Protection Act but its a great pity you didn't record the phone call just incase this is a breach. Did you get the name of the plonker who you spoke to?

 

I'm sure someone will get back to you about the breach.

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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