hell-v-creditcards

[hellhasnofury]

Well, I probably post in every forum in this site

On going fights

MBNA Sent ca and sar request. Sent SAR, some penalty charges, but not much. They have sold the account to Equidebt

MMMMmmmmm No credit agreement can be located yet

Wrote to equidebt re I do not acknowledge anything to you pr***s:Still waiting for response
GEmoney 2 accounts sold to cl finance.

Sent sar, received a few penality charges, which exceed the amount on the account.

No ca as cannot find it

HFC the worst, tough one, taking me to court soon, but may have a ace up my sleeve.

Natwest credit card. Sent an application form no credit agreement. So a bit of an agruement with them. I can't help myself. Its not about getting out of paying its about making them squirm a bit.

M&S credit card. Have loved the fight with them. They think that they are so clever, but they are not. ha ha.

Anyway I will finish before you get bored

[iancognito]

Glad to see it's not just me!!!

You seem to be doing ok there!

M&S is HSBC isn't it, do they handle cc claims differently?

[hellhasnofury]

Glad to see it's not just me!!!

You seem to be doing ok there!

M&S is HSBC isn't it, do they handle cc claims differently?

Hello Ian,

The M&S I mean is the one that was blasted by the OFT for sending out upgraded credit cards to replace storecards, without people requesting them in 2003 and have now declared a profit in the region of 80milion this week. Twiggy is a big feature here.

Do you know what company I mean.

[hellhasnofury]

Hello,

Been busy with lots of letters to these parasitic companies.

MBNA and Equidebt. Hello I do not acknowledge any debt to you


Dear Sir/ Madam,

Your reference XXXXXXXXXX

I am extremely disappointed that you failed to acknowledge my letter of 16th May 2007 in which I have raised serious issues regarding the above account.

I find it rather tedious that I have had to repeat these issues again to yourselves and do hope that your will enter into a sincere dialogue to address this matter.

I repeat: quote:

On the 24th of April your company wrote to me giving formal notification that on the 23rd of April 2007, my MBNA Account was assigned to Equidebt Limited who are now the legal owners of this debt. I have not received a Deed of Assignment regarding this.

This MBNA account was put into dispute on the 11th April 2007 regarding unlawful penalty charges and therefore should not have be sold to you.

I have now received a letter from MBNA stating that they are unable to provide a credit agreement relating to this account and are in breach of the Consumer Credit Act 1974 S(77-78).

I rang your office yesterday to discuss the above information and your employee discussed the notion, that as the account started in 1994. There is no legal requirement to keep the credit agreement that length of time. Can you please give me written clarification of this statement for my files. Perhaps you would like to refer to section 78 of The Consumer Credit Act 1974.

End quote


I have now written to MNBA regarding this account and the serious breaches pertaining to it. In my letter of the 11th April, 2007, to MBNA, I made a formal request for a copy of the signed, executed credit agreement for the above numbered AccountXXXXXXXXXXXXunder section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Mbna commits an offence. These time limits expired on 2nd of May 2007 and 2nd of June 2007 respectively.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement 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 as at 2nd of June 2007 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

Failure to respond favourably to this letter within seven (7) days of receipt will result in consideration by myself of litigation being commenced against your company without further notice

I do not acknowledge any alleged debt to yourselves

I await your rapid response.

Yours sincerely,






me
CC MBNA
Enc.

[iancognito]

So what's the bigger picture then?

No credit agreement = no debt, not paying?

No credit agreement = reduced settlement figure??

No credit agreement = no debt so I want back everything I ever paid??

No credit agreement = we'll leave it for now but continue to set the dogs on you at regular intervals until you give in or the law is changed??

Whatever you decide to do, you need to get a letter from them saying the matter is settled in full.

This is a loophole and sooner or later someone is gonna close it.

[hellhasnofury]

So what's the bigger picture then?

No credit agreement = no debt, not paying?

No credit agreement = reduced settlement figure??

No credit agreement = no debt so I want back everything I ever paid??

No credit agreement = we'll leave it for now but continue to set the dogs on you at regular intervals until you give in or the law is changed??

Whatever you decide to do, you need to get a letter from them saying the matter is settled in full.

This is a loophole and sooner or later someone is gonna close it.

[hellhasnofury]

I take you point Ian, but I am only just about to start on them

I have received a letter from mbna, stating the application form that was sent to me is the agreement. We seem to be on crossed lines here. His letter actually state that he could not enclose it.

I have now written back enclosing photcopies of his previous letter and asking for clarification of his stupid comment. I do believe thas talkin out their rs.

[enaid]

As in link 6 Hell that is how I read it, I really can't understand about this CCA thing at all, it's as though if you haven't got a proper CCA you don't have to pay them any money. You can also claim back the money you have paid them, can't be right that can it?
Sorry if I seem a bit thick on this, but like I say I don't understand it.

[hellhasnofury]

Hiya Enaid,

Yeah the CCA it really complex and I don't fully understand it, but have picked up a full tips

I think if there is no ca then the company cannot enforce the debt, the debt will still exist though. If they then do come up with the ca they then can enforce it.

I think I is referring to me getting it in writing that the issue is settled and they will not pursue it further.

[hellhasnofury]

Right after M&S today for harressment. They are really getting up my nose

Letter as follows:

I thank you for your letters of the 12th and 13th June 2007. There are a certain few points I would like to discuss.

I note your comment in your letter of the 12th June regarding the return of the payments from Moorcroft to yourselves.

I refer to your letter of 13th June and I thank you for your confirmation that the document that I have been sent with my SAR request of 14 January 2007 is in fact my credit agreement for the credit card.

I ask for a copy of the mailing that was sent to me and some of your charge-card customers, with the terms and conditions that were prudent in 2004. The copy of terms and condition you enclosed appear to be very recent. (reduced charges)

I further request a list of all interest that has been applied to the above account since 1994.

Your Company seem to appear to be ignoring the law regarding this pre-contractual application form and I urge to read the Consumer Credit Act for clarification of the law that your Company must abide by. It is my intention to report you to the appropriate authorities regarding this serious breach of the law.


Let me make it perfectly clear. I have made numerous reasonable lawful requests for a true signed copy . These lawful requests have been dismissed by your Company and therefore under the Consumer Credit Act Section 77/78 your company has committed a criminal offence. I received the copy of my Application with the SAR request I sent on the 14th January 2007.

Lets stop there and consider what the OFT have said about this:

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence.

Let us also consider what RT Hon Ian McCartney MP, Minister for Trade Investment and Foreign Affairs says about this:

“It is also a breach of the Act and the Regulation to send the application form rather that a true copy of the agreement.�

So clearly you are in default and I intend to use both these in any litigation. This is in breach of the Act and it is my contention that you do not have such an agreement. Your continued confirmation that the said application form is a credit agreement I deem as an attempt to mislead me and therefore I will be contacting the Office of Fair Trading with a complaint regarding this.

I quote from the statement issued by the OFT on the 21st May 2007.

Some of the fitness issues taken into account when revoking and refusing licences during this period included acts of physical violence, fraud, causing grievous bodily harm and obtaining property by deception, and breaches of the Consumer Credit Act.
In considering fitness, the OFT takes into account a number of factors carried out by the business or anyone involved in running the business including:
any offence or conviction of violence or dishonesty
failure to comply with the provisions of the Consumer Credit Act or other consumer protection legislation
consumer complaints
evidence of unfair business practices
evidence of discrimination on grounds of sex, colour, race or ethic/national origin.

You are again reminded that any attempt to enforce this is unlawful.

You are not permitted to share my data and you may not register defaults against me, place any charges against the account nor sell the account whilst in default.

You have therefore no agreement containing my consent; therefore by this action you have unlawfully supplied my personal information to 3rd parties including Moorcroft and the Credit Agencies, and caused me distress and likely hardship. I am again instructing you to remove all references from all and any 3rd parties you have notified including but not limited to Defaults and I will be seeking compensation for the distress and likely hardship you have caused me.

Your Company instructed Moorcroft to harass me for this alleged debt and your Collections and Recovery department are still continuing to do so. I have received another threatening letter from your department on the 11th June regarding the commencement of proceedings to recover the full amount of the outstanding balance. This will involve either a claim through the County Court or the instruction of debt collections agents who may call at my home . I instruct you now to cease and desist with this continued harassment or I will commence legal proceeding for harassment.

I also wish to refer to the upgrading in 2004 in which your company was criticized for its irresponsible lending

Richard Dyson, Mail on Sunday
24 September 2003
THE financial arm of Marks & Spencer has become the first major company to break the Banking Code, the voluntary rulebook agreed by the banking and credit card industry.



M&S Money, which is poised to launch its '&more' credit card business in the next fortnight, has ignored the rule that forbids lenders from sending cards to people who have not asked for them.
Within days, M&S will post its new MasterCard to 2.6m people. In all but a handful of cases, the recipients will not have requested the cards. Instead, they will be targeted because they are on the company's database of five million store card customers.
The move, seen by rivals as unprecedented and extremely aggressive, will at a stroke transform M&S into Britain's sixth-biggest credit card company.
Up to £4bn of fresh credit will be offered to consumers who have not asked for it.
The Banking Code has been drawn up and modified over several years to promote good practice and fairness to consumers. The code clearly states: 'We will send you a card only if you ask for one or to replace a card you already have.'
M&S's card launch is being overseen by Laurel Powers-Freeling, formerly of Lloyds TSB and now chief executive of M&S Money. She says the new &more cards are simply 'replacements' or 'upgrades' for existing store cards. But in practice, the cards are completely different - store cards can be used only in M&S shops and typically impose low spending limits.
The new cards can be used anywhere and the average spending limits are likely to be at least doubled, according to M&S.
The code is enforced by the Banking Code's Standard Board (BCSB), which is now in an embarrassing position. In private, it has expressed concern at M&S's tactic. But publicly, it is allowing M&S to wriggle off the hook because the code is not set to apply officially to M&S until next summer.
BCSB chief executive Seymour Fortescue says: 'M&S is still in the process of applying to subscribe to the code, so we don't yet have official jurisdiction over its activities. Only when it is fully covered can we force it to comply.'
M&S's move, coming as card issuers face increased scrutiny from MPs on the powerful Treasury Select Committee, has also plunged the High Street giant into political hot water. Vince Cable MP, the Liberal Democrat industry spokesman, has called for all uninvited offers of credit to be outlawed.
Of M&S's card launch, he says: 'It is unsolicited debt promotion by any other name, whatever the company says. It's very dangerous.'
And he warned: 'If and when the current economic bubble bursts, a lot of people will find themselves in difficulties. M&S will have a direct responsibility.'
An M&S spokesman said: 'We are offering existing customers an improved service. We are not sending cards to people with whom we have no relationship. Our credit limits are Of M&S's card launch, he says: 'It is unsolicited debt promotion by any other name, whatever the company says. It's very dangerous.'
And he warned: 'If and when the current economic bubble bursts, a lot of people will find themselves in difficulties. M&S will have a direct responsibility.'
An M&S spokesman said: 'We are offering existing customers an improved service. We are not sending cards to people with whom we have no relationship. Our credit limits are extremely prudent. We can say, hand on heart, that we are a responsible lender.'

I expect no other communication from you in respect of this matter except for confirmation of compliance with my requests. Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any Letter before Action, 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 myself in respect of this alleged debt.

Please confirm your compliance with my requests,

Yours sincerely



Do you think they will get the picture.

[hellhasnofury]

Hello,

Have heard noting form mbna, so I have not stopped paying them, think that will start the ball rolling

Stopped payments to the Natwest(no credit agreement) been saving that one till they paid me the ppi back and the cheque cleared)

Doing a letter now re removal of defaults etc.

M&S stopped payment to them, will wait for the fireworks to start.

[hellhasnofury]

MMMMmmmhhhh all quiet on the western front as I speak. Maybe they are being nice

I am just hoping that they are busy preparing their court claims.

Now mbna have seriously commited a criminal offence with the ca Have reported them to the oft and now have to give them permission to speak to mbna.

About to prepare a letter asking for a full refund of all penalty charges about a grand and a refund to all of the interest that I have paid over the years. only about £11,000 calculated at their CI of 24.9%.:banana:

[hellhasnofury]

Re: hell-v-creditcards

Well I thinkd the big fights are about to kick off.

Equidebt threatening court action. Just sent them a ca request and a sar

They will not accept the fact they have been sold a lemon by MBNA:roll:

So will will see about this one.

Just about to approach the Nasty West for £18,000 for mis-sold ppi and of course bank charges that proceed six year ( and yes I know about the OFT, but will set the wheels in motion.

I think they will give it to me without too much trouble igs: but I will pursue this with venom. Then when they have paid me back all of this money that they tricked me into taking. I will sue them for irresponsible lending and their "unjust enrichment" in their pursuit of profit. They have breached their own banking code, they never ever treat their customers fairly:devil:

Best go now, my veins are bulging and my head is about to explode of the top of my shoulders. They make me so mad:argh:

[iancognito]

Re: hell-v-creditcards

Just about to approach the Nasty West for £18,000 for mis-sold ppi

£18,000?????