Mbna update

SPELLKASTER

After sending MBNA a section 78 request in October, they have ignored all requests for the credit agreement.

I even sent them a £1.00 postal order that they requested, and still nothing.

I telephoned the Financial Ombudsman Service on Monday 21st November to complain direct to them.

They have said that MBNA are clearly at fault and would take the complaint on!!

They also told me that it is now a criminal offence that MBNA have failed to comply within 12 days!!

I just cant understand why MBNA are being so evasive with just a simple request.

Do they actually have a signed agreement?

This makes me wonder why they haven't complied!!??

Tixy

It would make more sense to keep this all on the same thread rather than start new ones.

Have you checked you are phoning the correct number for the FOS?

Have you started court proceedings against MBNA for the criminal offence then?

SPELLKASTER

I need to give the Financial Ombudsman Service time to sort this matter out.

They said that MBNA now have 8 weeks to comply with them.

After this, I can deal with MBNA under a small claims Court.

I have kept all paperwork and letters sent to MBNA, and the receipt for the recorded delivery and postal order.

The FOS was not impressed with MBNA for literally ignoring my correspondence so hopefully this will go in my favour should I decided to take Court action on MBNA.

dazza.mk

SPELLKASTER wrote: »

I need to give the Financial Ombudsman Service time to sort this matter out.

They said that MBNA now have 8 weeks to comply with them.

After this, I can deal with MBNA under a small claims Court.

I have kept all paperwork and letters sent to MBNA, and the receipt for the recorded delivery and postal order.

The FOS was not impressed with MBNA for literally ignoring my correspondence so hopefully this will go in my favour should I decided to take Court action on MBNA.

Sounds like you're getting confused, once you make a Formal Complaint to MBNA they've got 8 weeks to sort it out after which point you can escalate to the FOS.

Any small claims court action is effectively a separate track to the FOS

Tixy

Ah - so when you said FOS would 'take the complaint on' - you just mean they've said they are prepared to investigate your complaint?

They have to investigate any formal complaint, providing the customer has followed the proper complaints procedure with the lender first of course.

leicsmarkyr

And are you willing to pay for the costs associated to taking MBNA to court for this?

[Deleted User]

I love these regular installments of the 'The Adventures of Spellkaster'. It's like a low rent soap opera.

Can't wait to see what happens next week.

OllyM

Deleted_User wrote: »

I love these regular installments of the 'The Adventures of Spellkaster'. It's like a low rent soap opera.

Can't wait to see what happens next week.

Perhaps he/she/it will repay the money owed? Or perhaps not...

chattychappy

I reckon we'll see "Never-in-doubt" come out of a shower saying "what a terrible dream". And none of this would have happened.

TakingControl

I assume you contacted CCCS as advised previously in another topic?

It is not a criminal offence that they don't supply you with a CCA, all they are doing by not supplying it is making the account unenforcable for now, nothing more.

The normal route is CCA request with £1 postal order, giving them 12+2 working days (not calendar days) to comply. Then you send off the reminder letter. If still nothing has been supplied, the account becomes unenforcable for now, which means they most likely won't apply for a CCJ but it wouldn't stop them to give you a default.

I really would recommend before you complain to FOS, you research what the legal requiremenst on both sides are and then start with the complaints procedure within MBNA before taking this to any other body.

I personally found dealing with them easy, had replies to proper executed requests within the time frame and even managed to negotiate a F&F of 55% after only being 14 months in a DMP without ever receiving a default from them.

Please, take previous advise and speak to one of the debt charities

jonesMUFCforever

What if they send you a reconstituted copy (which legally they can do) what then?
Will you still take them to court - on what grounds are you taking them to the ombudsman?

Surely not on the grounds that you applied for their card then spent on it and now are unable to pay it back??