mbna virgin cc suspended

[oggy1]

hi to everyone,

a few queries, to reclaim charges, is it the same letters to use when claiming for bank charges .

mbna suspended my card even though no payments have been late or missed for over 3 years, when i spoke to them they originally said it was because they have done a check on my credit file and found a default notice from mortgage company, which i checked out and ge finance did put a default notice against me which was wrong and they have since removed it.

upon contacting mbna again they have now said the card suspension wont be lifted because i have got to much credit, can i do anything about this, i cant use the card and they are still charging interst each month.

any suggestions.

i do not have any copies of the agreements when the card was issued.

thanks if anybody can help.

[Hopeful1]

Hello!

 

Send the S.A.R - same one, to check for charges.

 

Also, request a copy of your CCA. If you've had the card for a while, it's unlikely they'll have it.

 

I would also write seperately to ask them to stop adding interest whilst you repay your balance. They will probably ignore your request, but it will add weight if you decide to complain in the future.

 

Let us know how you get on

[Blossomandebony]

Oggy1,

 

MBNA suspended my account too, on the basis of a credit check. Then, when I got the account down to a zero balance, they closed the account!

 

On the bright side, MBNA are useless at defending claims for charges and will capitulate when your claim gets to the court stage, (or sooner).

 

Good luck!

[oggy1]

hi everybody,

thanks for the info have sent s.a.r. for refund of any charges.

i also had ppi on this account which i was misled into purchasing so have applied for full refund.

i will request a copy of my CCA as well now, what the heck , might as well give them hell.

is there a template for the cca anywhere

thanks

[standingupformyself]

Yep, here you are. Letter N

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[oggy1]

hi standingupformyself,

thanks for the link, have done the request and it will be sent recorded tomorrow.

[oggy1]

latest,

have recieved a letter from Rachael Claridge, basically it is an offer to pay under half of what i claimed and to remind me to honour the agreement as i am obliged to by law.

it also states about the oft guidelines and states that mbna disagrees with them.

[oggy1]

also did send a request for cca 2 weeks ago and have heard nothing,

any suggestions.

[steven4064]

... and to remind me to honour the agreement as i am obliged to by law.

Perhaps you should write to them and remind them that they should honour the law too.

 

If the 12 days have passed since they recieved your CCA request then write and tell them that, as they have not responded within the statutaory period, the account is now formally in dispute. This means they must not:

 

1) request payment

2) add any charges or interest

3) communicate with any 3rd party concerning the account

4) place any markers on your file with any CRA regarding the account.

 

Remind them that if they don't provide a copy of the executed agreement within one calendar month they will have committed an offence under the CCA, punishable by a fine of up to £2500.

 

That should rattle their cage (but don't hold your breath).

[oggy1]

hi im so mad about their attitude , who do they think they are !!

the letter will be sent tomorrow first thing,

lets see what happens then,

thanks for the help steven

[oggy1]

well , i have had a response to my cca request today , 5 days late and i have sent another saying the account is now in default.

they have sent the following:

1) copy of the original credit card application.

2)terms and conditions.

3)copy of the last statement.

 

it clearly states on the signed part, credit agreement regulated by the consumer credit act 1974 on

and then a complete set of terms and conditions which again states

credit agreement regulated by the consumer credit act 1974, on the top of the form.

has anybody got any ideas or have they produced the cca???????????

[steven4064]

... has anybody got any ideas or have they produced the cca???????????

What they have sent you doesn't comply with the CCA 1974 but it does comply with the 1983 regulations. Therefore, technically, they have complied. However, what they have sent you isn't enforceable as it is not a copy of the executed agreement.

 

I think that means the account is still in dispute and, as what they have send is not enforceable, the 4 points in my last post still apply. I would write and tell them that. (I'm going to ask rory to confirm).

[oggy1]

thanks steven for the info,

the signed part looks like the application form and the other 4 pages has no signatures from me or them and no dates.

it does not say that it is an agreement between myself and mbna anywhere on the info.

 

is there certain info that has to be on the cca ???

[steven4064]

An application form is a pre-contractual document. It shows you applied for a card but not that you entered into an agreement with virginb.

 

To be enforceable, the agreement must have all the T&Cs and your signature on the same side of a page. It also ought to have a signature of someone authorised by virgin to sign it to be a copy of a properly executed agreement but i believe it is enforceable without provided the T&Cs are there with your signature. But an application form will not do.

[redsue]

they need to supply the T&Cs applicable at the time your account was opened - not the latest ones - how do you know what you originally signed up for if they can't provide you with these

I've been having a disagreement with these numpties since March 07 so be prepared for the long haul on this.

I'm interested to hear that they don't agree with OFT guidelines (post 07) can you post up exactly what their comments where on this?

[steven4064]

Absolutely right redsue. THey can't change the T&Cs without your permission (ie signature) except for some aspects (eg charge rates) which are specificallymentioned in the T&Cs as being varialble.

[redsue]

Send them something along the lines of...

 

You HAVE NOT supplied copies of the terms and conditions APPLICABLE AT THE TIME THE ACCOUNTS WERE OPENED. That you have provided later terms and conditions is irrelevant, as you only have a right to vary them under the original terms and conditions. Without providing a copy of the original terms, you cannot prove that you ever had this right. I completely reject the terms and conditions you have sent me and reiterate that I demand the original terms and conditions to be supplied before I consider you compliant with Section 78.

[Blossomandebony]

Oggy1,

 

Now they've refused to refund most of your charges, it's time you show them you mean business. I would put in a a county court claim for the full amount NOW. You'll be surprised how soon they will refund you once it's gone to court - they will enter a standard defence, then refund you within a few weeks, I reckon, (I have had 3 successful claims with MBNA - I'm not making this up!)

 

As for their non compliance with your CCA request, great!! Wait till you've got your refund, then tell them you do not acknowledge any debt to them and will be making no further payments on an agreement which is utterly unenforceable in court. They can threaten you as much as they like, but the laws are with you - if they took you to court over the debt you have a watertight defence: NO CCA = NO enforceable debt. Look at all the threads and templates on claiming through the courts and non-complance of CCA requests and you will be reassured. Good luck.

[oggy1]

thanks for the info blossom,

did you file on line or ni and was the standard info used.

i will do this asap.

[Blossomandebony]

I've filed at local court and Moneyclaim in the past but I would advise local courts at the moment.

 

My last claim against MBNA was about 5/6 weeks ago, through Moneyclaim. They entered a standard defence, then sent me £1300 as a 'goodwill gesture.' I wrote back to say ' Thanks. I accept the £1300 as part - payment of my claim. Now please pay me the rest or I will see you in court, etc.'

 

Within a week they had sent the remainder, which was about £800. MBNA seem to be one of those banks which never pay the full amount in the first instance, but nearly always pay up if you stick to your guns and calmly insist that you will be going to court.

 

Now, the one difference in this recent claim was that Moneyclaim had put a STAY on my claim, to last until the OFT case goes through. (I have heard on this site that Moneyclaim are putting stays on all their cases automatically at the moment). Luckily, this had no bearing on me receiving the cash from MBNA - maybe they're deluged with claims and didn't realise they did not have to pay up yet!?? Anyway,with Moneyclaim staying all cases, I would say that making a claim through your local court would be the better bet: it seems that some cases are being stayed and some are not, depending on the court. Hopefully, your local court will be one of those not automatically staying cases.

 

Most importantly, the fact you have put in a legal claim raises the bar in your dispute and MBNA will have to act. There's only so many polite letters you can send before you realise these people only respond to legal action.

 

Oh, and yes, my claims have always used the standard templates you will find in the library section - they're excellent, everything is done for you!

Cheers.

[oggy1]

thanks blossom for the reply and i will be on it straight away.

cheers

[Woolleykat]

Butting in but had same senario with MBNA (A&L) stopped card still getting charged still paying accont same excuse (mortgage) do I need to send sar though as got every statement going since start about 18month ago. More to point need to get letter sent to halt payment, kill account, stop interest etc. can't get onto template N - help please , could do without said debt round neck, especially when they send statements saying you have got x amount to spend but can't do it:mad:

[redsue]

it also states about the oft guidelines and states that mbna disagrees with them.

 

can you supply more info about this oggy1?

I'd be interested to hear more about their statement.

[Hopeful1]

Hi Oggy1. Have a quick look at my thread:

http://www.consumeractiongroup.co.uk/forum/mbna/99823-can-i-join-mbna.html

 

Dpick posted a bunch of e-mail addresses. I copied each and everyone into my last few letters/e-mails to them.

 

Initially i was ignored, but when i sent a stinker regarding their threatening letters regarding arrears, they suddenly sat up and took notice. I negotiated payment of all charges/interest that had been added since the account 1st went into dispute plus the amount i had originally claimed (minus their partial offer). There is a small outstanding balance which we are happy to pay. My main priority is to get the account closed.

 

You will see from the thread that we too were offered a partial payment. i wrote to accept this as part payment only. This is common practice for MBNA. At the end of the day, they know that many of these accounts do not have a credit agreement.

 

MBNA did not supply us with a CCA but i never once mentioned it. Once the account is closed i will use that to reclaim the PPI.

 

If you need any more details, feel free to PM me

[Monty2007]

I've filed at local court and Moneyclaim in the past but I would advise local courts at the moment.

 

My last claim against MBNA was about 5/6 weeks ago, through Moneyclaim. They entered a standard defence, then sent me £1300 as a 'goodwill gesture.' I wrote back to say ' Thanks. I accept the £1300 as part - payment of my claim. Now please pay me the rest or I will see you in court, etc.'

 

Within a week they had sent the remainder, which was about £800. MBNA seem to be one of those banks which never pay the full amount in the first instance, but nearly always pay up if you stick to your guns and calmly insist that you will be going to court.

 

Now, the one difference in this recent claim was that Moneyclaim had put a STAY on my claim, to last until the OFT case goes through. (I have heard on this site that Moneyclaim are putting stays on all their cases automatically at the moment). Luckily, this had no bearing on me receiving the cash from MBNA - maybe they're deluged with claims and didn't realise they did not have to pay up yet!?? Anyway,with Moneyclaim staying all cases, I would say that making a claim through your local court would be the better bet: it seems that some cases are being stayed and some are not, depending on the court. Hopefully, your local court will be one of those not automatically staying cases.

 

Most importantly, the fact you have put in a legal claim raises the bar in your dispute and MBNA will have to act. There's only so many polite letters you can send before you realise these people only respond to legal action.

 

Oh, and yes, my claims have always used the standard templates you will find in the library section - they're excellent, everything is done for you!

Cheers.

 

MBNA will pay it all back in the end, just takes a while. I had four cheques over six months and ended up with the full amount of £1,600 incl 8% interest. They just like to pay in installments, was ok with me!