MBNA - Aktiv Kapital x 2

Re: MBNA - Aktiv Kapital x 2

Too long!

Dear Sirs,

Thank you for the recent package of what you stated to be "further documentation / further information regarding [an alleged agreement] with MBNA under sections 77 to 79 of the consumer Credit Act.".

Whilst they were of some interest, none of the documents supplied contained a reconstituted "true copy" (or even an untrue copy) of the executed agreement. In short, you have not complied with my request made pursuant to section 78(1) of the Consumer Credit Act 1974 and, until / unless you do, section 78(6) applies and the alleged agreement will remain unenforceable at law.

[Angry Cat]

Re: MBNA - Aktiv Kapital x 2

Tell them politely to, get knotted!:
EDIT TO SUIT:-

Your Reference: XXXXXXXX

ADDRESS XXXXX

ACCOUNT IN DISPUTE

Dear XXXXXXXXXXX

I DO NOT ACKNOWLEDGE THIS OR ANY DEBT TO YOUR COMPANY WHATSOEVER; ALLEGED ACCOUNT IN DISPUTE

Thank you for your letter and enclosed documents dated XXXXXXXXXXXX, which was in response to my legal Section 78 Consumer Credit Act 1974, ‘Request’.

Unfortunately, the documents that you have supplied, does not fulfil your obligations under Section 78 of the Consumer Credit Act 1974, the (“Act”).
You have provided me with XXXXXXXXX, this is referred to as a credit agreement regulated by the Consumer Credit Act 1974.

You have also provided a copy of the financial and related conditions which I assume you assert are connected to the credit card. This document cannot be considered as a credit agreement regulated by the Consumer Credit Act and [omit] (the following if not relevant) because it is not signed by MBNA (Europe) Bank Limited, it is not sufficient to comply with section 61(a) and section 127(3) of the Consumer Credit Act 1974.

Therefore, it is my position that the credit agreement entered into failed to comply with the Consumer Credit Act 1974. The agreement is a regulated agreement and is for the provision of running account credit within the meaning of section 10(1)(a) of the Act. Pursuant to section 61(1)(a) of the Act such an agreement must be in the prescribed form and contain all the prescribed terms.

By Schedule 6 of the Consumer Credit (Agreements) regulations 1983 the agreement must contain specified terms. One such term is that agreements for running account credit must contain a term stating the rate of interest on the credit to be provided under the agreement, furthermore the agreement must state the credit limit or the manner in which this is to be determined. Where an agreement fails to comply with the prescribed terms as per section 61(a) of the Act then the agreement will be irredeemably unenforceable. To this end I refer you to section 127(3) of the Consumer Credit Act 1974.

You have failed to supply a copy of the Terms & Conditions at inception of the account; XXXX, instead of which you have supplied a generic template copy of current Terms and cancellation rights that, are not applicable to the aforementioned account.

You have also failed to supply a copy of the original Payment Protection Policy and the Terms of that Policy. (Section 78 CCA: “...and any other document referred to in it.”)

I note that you have supplied me with an incomplete set of statements;
• List the ones that are missing XXXXXXX

Take notice that, XXXXXXXXXXX are in default of my lawful request under section 78 of the Consumer Credit Act 1974, the (“Act”), therefore any attempted enforcement of this alleged debt is barred.
XXXXXXXXXXXXX is also in breach of the Consumer Protection from Unfair Trading Regulations 2008, which could result in both ******** and civil sanctions against XXXXXXXXXXXXX.

I draw your attention to the following:
The Consumer Protection from Unfair Trading Regulations 2008
• AGGRESSIVE COMMERCIAL PRACTICES (REGULATION 7)
The CPR’s prohibit commercial practices which
• By harassment, coercion (including physical force) or undue influence,
HARASSMENT, COERCION AND UNDUE INFLUENCE
• Harassment and coercion are not expressly defined in the CPR’s but include both physical and non-physical, (including psychological) pressure.
FACTORS INDICATING AN AGGRESSIVE PRACTICE
The CPR’s list factors which shall be taken into account when determining whether a commercial practice is aggressive. It is not necessary for all these factors to be present for a practice to be aggressive and therefore unfair (provided that the commercial practice uses harassment, coercion or undue influence).

The factors are:
• (a) Timing, location, nature or persistence,
• (b) The use of threatening or abusive language or behaviour,
• (c) The exploitation by the trader of any specific misfortune, or circumstance, of such gravity as to impair the consumer’s judgement, of which the trader is aware, to influence the consumer’s decision with regard to the product,
• (d) Any onerous or disproportionate non-contractual barriers imposed by the trader where a consumer wishes to exercise rights under contract, including rights to terminate a contract or switch to another product or trader.
• (e) Any threat to take any action that cannot be taken.
POSSIBLE AGGRESSIVE PRACTICES
The examples below assume that the average consumer would or would be likely to take a different decision as a result of the practice(s) described.
• A debt collector, *pressurises existing borrowers/debtors to repay a debt, for example, by contacting debtors at unreasonable times (such as late at night) or at unreasonable locations (such as at work when they have been requested not to). This could amount to harassment, coercion or undue influence. (Timing, persistence, nature and location, exploitation of circumstances – this might amount to exploitation of the imbalance of power between the creditor and debtor, as well as of the specific circumstances of the debtor)
• A debt collector threatens consumers with recovery of money by bailiffs for unenforceable debts, *this could amount to harassment, coercion or undue influence. (Exploitation of circumstances and threat to take action which cannot be legally taken).
• *Additional examples of unfair (including aggressive) debt collection practices can be found in the Office of Fair Trading Debt collection guidance – OFT 664.
• *this could also breach the prohibitions on misleading actions as well as the prohibition on aggressive practices.

I would also draw your attention to the fact that, MBNA (Europe) Bank Limited subscribed to the new Banking Code of Practice and as such both you; Link Financial Limited and MBNA (Europe) Bank Limited are; failing to honour commitments made in that code of conduct;

CODES OF CONDUCT
• Enforcers may, where appropriate as a means of seeking to prevent or stop breaches of the CPR’s. enlist the help of those responsible for self-regulatory codes of conduct, or practice, adopted by businesses to govern their dealings with consumers

For the avoidance of doubt, I would again reiterate that, MBNA (Europe) Bank Limited and XXXXXXXXXXX are in default of my Section 78 Consumer Credit Act 1974 ‘Request’

It remains my position that the document that both you and the client; MBNA (Europe) Bank Limited have provided to me, an application form and not a credit agreement, which is not in the prescribed form and does not conform to regulations under Sections 60(1) and 61(1) of the Consumer Credit Act 1974; the document is irredeemably unenforceable under section 127(3) of the “Act” and you therefore cannot enforce it against me.

Take Notice that you; XXXXXXXXXXX are in breach of the OFT Collection Guidelines, the 'CPUTR’s'; I consider this account to be in SERIOUS DISPUTE.

If there is any part of this letter that you do not understand, I suggest that you pass it on to your legal department

Yours sincerely,

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thanks all ! Clever Clogs I have only received the info mentioned in the thread which doesn't amount to very much.

Should I just ignore them or respond to yesterdays letter? My guess is I should respond in which case can someone please give me an example of any specific wording I should be using, other than just "get knotted"?!!

Also had a letter yesterday re MBNA number 2 butt hey say they are still searching for information on that account. So I will sit and wait .

Re: MBNA - Aktiv Kapital x 2

Of course, that is what they must do. Because, they have not complied under the requirements of "the Act".

Terms & Conditions as well, if you please!

They may have sent assorted sheets of Terms and Conditions and it is even possible - though hardly probable - that one of those sheets could have been of the T&C applicable when the agreement was made but, without even an attempted reconstitution of that agreement, it would be impossible to say.

Re: MBNA - Aktiv Kapital x 2

Very kind of you to give them permission, CC! msl:

I did not grant my permission, or I would have written that they may get knotted. :nerd:

[Angry Cat]

Re: MBNA - Aktiv Kapital x 2

Very kind of you to give them permission, CC! msl:

Of course, that is what they must do. Because, they have not complied under the requirements of "the Act".

Terms & Conditions as well, if you please!

[charitynjw]

Re: MBNA - Aktiv Kapital x 2

If all that Activ Krapital has sent has been statements, odd information sheets and other, assorted tat, then it is axiomatic that they have not complied with your request made pursuant to section 78(1) (link) of the Consumer Credit Act 1974 as that krap would include neither the executed agreement nor a reconstituted, "twue copy" of the same.

Hence, s78(6) applies and Activ Krapital can get knotted.

Very kind of you to give them permission, CC! msl:

Re: MBNA - Aktiv Kapital x 2

If all that Activ Krapital has sent has been statements, odd information sheets and other, assorted tat, then it is axiomatic that they have not complied with your request made pursuant to section 78(1) (link) of the Consumer Credit Act 1974 as that krap would include neither the executed agreement nor a reconstituted, "twue copy" of the same.

Hence, s78(6) applies and Activ Krapital can get knotted.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Oops not sure what happened with my posts above, ended up being posted twice but without the rest of the text which should have said.

If anyone can provide me with any advice on how to respond to the above it would be much appreciated.
Thankyou.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Im back again ! I Have today received a huge envelope from Aktiv Kapital re MBNA number 2. Reads as follows
" We refer to your request for further documentation / further information regardign your agreement with MBNA under sections 77 to 79 of the consumer Credit Act.

Please now find attached the documents provided to us by the original creditor and we now look forward to your proposals for payment within 14 days.

I Have been through the huge pile of papers they have sent, each one is a photocopy of a Virgin MBNA statement from 2011 and a couple from 2012. There is the odd page of payment information, ie interest allocation, how to contact them, making a payment to MBNA and the important information behind a couple of the statements. There is absolutely nothing else included.
I would appreciate your thoughts on my next move or response to this please if possible. Thankyou again.

Should we receive no response from you, the accoutn will be passed to our collections division for further action "

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Im back again ! I Have today received a huge envelope from Aktiv Kapital re MBNA number 2. Reads as follows
" We refer to your request for further documentation / further information regardign your agreement with MBNA under sections 77 to 79 of the consumer Credit Act.

Please now find attached the documents provided to us by the original creditor and we now look forward to your proposals for payment within 14 days.

I Have been through the huge pile of papers they have sent, each one is a photocopy of a Virgin MBNA statement from 2011 and a couple from 2012. There is the odd page of payment information, ie interest allocation, how to contact them, making a payment to MBNA and the important information behind a couple of the statements. There is absolutely nothing else included.
I would appreciate your thoughts on my next move or response to this please if possible. Thankyou again.

Should we receive no response from you, the accoutn will be passed to our collections division for further action "

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Just updating again if thats ok

Another letter Letter received Re MBNA Acc 2 - details as follows "We refer to your request under sections 77-79 of the Consumer Credit Act 1974. The documentation has been ordered from the Original Creditor in this matter and currently your account remains on hold. "

Re MBNA Acc 1 - the following has arrived dated 26th June - "I refer to your communication regarding the above account, in particular your letter dated the 12th June 2013.

I can confirm that your points have been acknowledged and action is being taken to fulfill your request. As Aktiv Krapital is not the original creditor the original documentation is not held by us. MBNA have been contacted to supply the terms and conditions of this account, Once I am in receipt of such documents, they will be forwarded to yourself promptly.

Theyhave also included a leaflet called "How we resolve your complaint" this states that they will resolve my complaint within 8 weeks, if it is unable to do so they will issue a final response of which I can then take the matter further. The eight weeks was up on the 11th June.
Hope you dont mind me posting the correspondence I am receiving. Thankyou.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Quick update - Aktiv K have been quick to reply re the letter sent back in relation to MBNA Acc number 1 - It says the following " I refer to previous communications. We would like to confirm to you that we are still waiting for information to be supplied to ourselves from the original creditor. The information is required by ourselves in order to resolve your query. Your account with us continues to remain on hold, whilst we await this information. "

So I guess I put the kettle back on again ?!

[MIKE770]

Re: MBNA - Aktiv Kapital x 2

Quote:- The recipient very likely won't have a clue what you're talking about, DCAs are not known for employing the sharpest tools in the box, they are just trained monkeys, programmed to try and make you pay.


(Must be the true!st statement on the Net To-Day!)

Re: MBNA - Aktiv Kapital x 2

OK; will do . The other letter went off yesterday, so will await a response with bated breath. So I take with regards to MBNA number 2, it should have been double sided ?

Yes, like their faces.

It was not even a reconstituted "twue copy" of the executed agreement, but one side of a Virgin Money application form.
Section 3 - "key information" - is interesting, as 3b states "Details of other service charges are set out in section 4."

There is no section 4 in the document those numpties provided.

It is also illegible in places and, if for that reason alone, they have not complied with the s78 request.