MBNA ignoring tacit now threatening DCA

[askanditis]

Hi,
Can anyone advise my next step. I have sent all three letters to MBNA, they responded to the first with the standard template saying they are not obliged to send me the documentation requested and that they would not enter into any further communication on the matter. I ignored this and continued to send letters 2 and 3. They continued to send me standard template letters advising me of overdue payments so I invoiced them for these and infringement of Copyright. They, needless to say, ignored and didn't pay the invoices yet.... lol This morning I received a letter advising that if they do not hear from me by the end of the month the alleged debt will be handed across to a DCA for recovery. I didn't send the Estoppel because there was never a period of four weeks where they didn't contact me in some form or other, letter or phone call. However, as their communication to me was not in response to my three letters or my Copyright Agreement or my Invoices can I go ahead and send the Estoppel? If the debt is passed to a DCA do I start afresh with them with the standard letters or do I advise them of the tacit Agreement I have with MBNA? The last invoice I sent to them was in mid June. Thanks for any advice.

[ceylon]

no

debt letters, if you have done it use it

[askanditis]

Thank you Ceylon. I take it the NO is in relation to sending the letter of Estoppel but could you please clarify what you meant by the next bit? Sorry if I'm being obtuse...

[I am B]

I have MBNA in a tacit and they recently passed it on to their "in house" DCA. Im sending letter 3 to them in a few days so they too will be in tacit (despite them signing for the letters and then sending them back to me, lol!). FYI; the MBNA in house lot are Debt Clear Recoveries and Investigations Ltd. They have a po box Manchester address but at the bottom of the unsigned/un named letter is their real address.
Like you, i havent manged to get an estoppel out to MBNA because of a monthly love letter but theyve been billed. Sounds like youre doing everything right. Let us know which DCA is involved when you know

[askanditis]

Thanks I am B. Will keep you posted!

[manbob]

Hi All,
I am on letter one to MBNA and they sent me out a letter stating they do not have to provide anything other than the original agreement.
They quote The Comsumer Credit Act 1974 alot and say they need only provide this, is this true. I am about to send letter two.

Any pointers greatly appreciated.

ManBob

[judgesprocket]

Hi All,
I am on letter one to MBNA and they sent me out a letter stating they do not have to provide anything other than the original agreement.
They quote The Comsumer Credit Act 1974 alot and say they need only provide this, is this true. I am about to send letter two.

Any pointers greatly appreciated.

ManBob

If it is the standard blurb that MBNA send out (which it probably is anyway) then ignore it. If your not sure post what they have sent you up here for others to see if you wish. Keep going unless they actaully supply you with what you have asked for and when it's time to unveil your fee schedule, be creative with it but relevant. Enjoy

[manbob]

Hi All,
This is the MBNA letter:

Dear Manbob,

Account number ***************3333

We are in receipt of your request for a copy of your agreement in relation to the above account, validation of your debt and verification under the Bills of Echange Act 1882.

Your credit agreement is regulated by the Consumer Credit Act 1974. Under that Act you are afforded various protections, remedies and rights, including a rigth under section 78 of the Consumer Credit Act 1974 to request a copy of your credit agreement. You can do this by writing to the Customer Advocate Office, MBNA Europe Bank Limited, Chester Business Park, Chester CH4 9QQ and enclosing a cheque for £1 made payable to MBNA Europe Bank Limited.

We are entitled to rely on your regulated credit agreement as evidence that yo agreed to repay the debt incurred under that agreement. As such, it is not necessary to provide any further "validation" over and above this.

The Consumer Credit Act 1974 is the statute that has been specifically designed to regulate agreements between lenders and consumers. By contrast, the Bills of Exchange Act 1882 is the statute that regulates the use of negotiable instruments. Examples of negotiable instruments are bills of exchange and promissory notes. Your credit agreement, and any documents provided to you in accordance with the Consumer Credit Act are not negotiable instruments. It is not, therefore, necessary for us to provide you with any "verification" under the Bills of Exchange Act.

--------end letter from MBNA--------

They go on to refer me to debt advisors. I have sent them letter two in any case see below:

-------letter two to MBNA-------
MY DETAILS
MY ADDRESS
MY POSTCODE

Mr. Ian O’Doherty
Chief Executive Officer
MBNA
Card Services
Thynne Street
Bolton, BL11 1BA
CC: Lucy Johnson, Managing Director, Barclaycard, 1 Churchill Place, London, E14 5HP
30th August 2011

Re: Account Number: **************3333
Dear Mr. Ian O’Doherty,
I wrote to you on 10th August 2011 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.

As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. You agree to pay all fee schedules.

Yours sincerely

By: __________________

By: MYAME of the family: MYFAMILYNAME; Authorised Representative

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT

-----------end letter two to MBNA---------

It would appear from other posts that they are ignoring this process and saying it is not valid, is that true?

Love & Unity
Manbob

[ceylon]

it don't matter if they are or not as once you have the tacit agreement there done

[manbob]

Thanks I'll keep you posted.