money owed on credit card - help needed

Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Tue Mar 02, 2010 4:55 pm

Finally got a letter back from MBNA..... They said i need to send a cheque for £1.00 for processing fee in order to send me the contract information.....
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Re: money owed on credit card - help needed

Postby eureka » Tue Mar 02, 2010 10:11 pm

It's up to them to prove the debt. You shouldn't be required to make extortion payments to them. If they are demanding money from you, without proving the debt, it is extortion, a felony crime... Surely it is only an alleged debt and that we operate under the presumption of innocence until proven otherwise. What they GAVE you was a gift card, a line of credits....see the short video on this here viewtopic.php?f=71&t=3431
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Wed Mar 03, 2010 12:01 pm

i will send the original letter with a cheque and see what response is.... im also sending a letter asking for all my late fee payments back.
will keep you updated
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Re: money owed on credit card - help needed

Postby tomrush » Fri Mar 05, 2010 10:16 pm

iwontdowhatyoutellme wrote:Hi, i sent this letter recorded delivery, with 10 working days as the time limit..... i have still not recived anything back from MBNA.
I have how ever had a letter from "Global Vantedge"
Asking for the overdue amount on behalf of MBNA.
On the letter it says i should not write to "Global Vantedge" other than to send payment, so im guessing directing the letter to MBNA was correct.


Well as i have said i have not recieved anything back in response, what should my next letter be to MBNA??

Thanks in advance


Just to let you know that "Global Vantedge" are a puppet company of MBNA. They're registered in India but seem to operate out of MBNA's offices, not New Delhi (i.e., they are MBNA).
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Wed Mar 17, 2010 1:42 pm

Hello, i have recived a letter back from MBNA since i sent the £1.00 for contract information......
The letter says....

In response to your request we enclose:

a. a copy of your executed agreement
b. your up to date terms and conditions
c. a copy of your most recent statement (which shows the state of your account) which has been singned.


so basically the following is inculded:
a copy of credit card agreement act 1974
a copy of "your agreement"
a copy of the most recent statement (someone has made a mark on it with a blue pen ( not sure if this is ment to be a signature)
There is nothing here with my signature on.......

whats the next step??
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Fri Mar 19, 2010 12:07 pm

hey, i still need another letter in response to the "contract" that was sent.
Also just thought id let you know they have credited my accout with £200, which was all the default late fees i added up over the last 12 months and asked for back. :)
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Re: money owed on credit card - help needed

Postby Arten » Sat Mar 20, 2010 4:52 pm

Just fill the bill in like a cheque and its paid.
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Re: money owed on credit card - help needed

Postby drowningindebt » Sun Mar 21, 2010 7:04 pm

iwontdowhatyoutellme wrote:Hello, i have recived a letter back from MBNA since i sent the £1.00 for contract information......
The letter says....

In response to your request we enclose:

a. a copy of your executed agreement
b. your up to date terms and conditions
c. a copy of your most recent statement (which shows the state of your account) which has been singned.


so basically the following is inculded:
a copy of credit card agreement act 1974
a copy of "your agreement"
a copy of the most recent statement (someone has made a mark on it with a blue pen ( not sure if this is ment to be a signature)
There is nothing here with my signature on.......

whats the next step??


Send them back this by recorded delivery:

Dear Sirs,

Account No: XXXXXXXX

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 XX/XX/XXXX I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77-s.79). A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such you are now in default and this account has become unenforceable. The document that you were obliged to send was a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired and as such, as you are no doubt aware s.77(6) states:

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement."

Therefore this account has become unenforceable by law.

As you have Failed to comply with a lawful request for a true, signed copy of the 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, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counter-claim that any such action constitutes unlawful harassment. You may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) 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.

Any attempted argument regarding case law such as McGuffick v RBS will be dismissed as this particular case has no bearing on the legal reporting methods that a lender has with the CRA, namely adding derogatory data whilst an account is in dispute, this account clearly is disputed. Should you refuse to comply, you must within 30 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 30 days I expect that this means you agree to remove all such data.

Need I remind you 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. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully




Sign digitally

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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Fri Mar 26, 2010 3:58 pm

fantastic letter, thank you so much!, this was sent the next day recorded...... on the last letter they sent me tehy basically said we are paying all your late fees as a token of "good will" (prob trying to shut me up) and frimly it said stop sending us letters, so at least i know im annoying them some what, which makes me smile, with all the crap they send us. :)
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Re: money owed on credit card - help needed

Postby cammie » Sat Jan 07, 2017 11:31 am

Let me know one thing , if they are charging £12.00 for even one day delay, have you signed any agreement on which such condition has been mentioned ? If yes, you cannot claim that money back.
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