Barney's unenforceable MBNA thread

[oscar]

Re: Barney's unenforceable MBNA thread

MBNA bought the A&L accounts in 2002. At that time corporations were using DVD-RAM to do backups.

That was the unofficial date, when the deal was struck and MBNA started to issue the A&L card. Older accounts (prior to September 2002) didnt migrate to MBNA until March 2003.

DVD-RAM? You will be suprised how much stuff is on CD (yes, CD) which are randomly scattered about - and not in any sleeves or cases and in some cases, kept right next to the monitors - lovely magnetic field!!

[Barney]

Re: Barney's unenforceable MBNA thread

Hi everyone,


Just returned from a much needed few days away with the family.

Whilst away, a letter arrived from BCW in response to mine - seems pretty standard wording I would imagine:-


"I can hereby confirm your concerns have been duly recorded on our system file and the issue is being currently investigated further.

In the meantime, I can confirm that I have authorised a "cease all action" instruction to be placed on your account with immediate effect."


It goes on to refer to the enclosed copy of their internal complaints procedure and detailing how my complaint will be handled - "all endeavours .... within 4 weeks" - if not then will write with anticipated date, which must be within a further 4 weeks. "Ombudsman ...." - blah, blah etc.etc..............


Suppose all it means is that they will be referring back to Aktiv Krapital, who will then refer back to MBNA. In the meantime, I get some breathing space for a few weeks!

Pretty standard response? Just sit back and await the next chapter?

Thanks again for all the help so far.

[Barney]

Re: Barney's unenforceable MBNA thread

That's the result you were looking for!

With a bit of luck, you won't hear from anyone for months!
Have I said MBNA only contact me every Xmas?

Hi Flowerpower,

I thought as much myself, but thanks for reassuring me.

It would be nice to have a bit of luck and not hear anything for months (a few years would be better! ) ..... but won't get my hopes up too much just yet.

I suppose i will get at least one further letter from BCW, in line with their complaints procedure, possibly saying that they have passed back to AK?

Yes FP, I do recall you mentioned your annual Xmas card from MBNA .

More by luck than good judgment, I personally managed to last just short of 18 months without hearing from anyone, until this recent batch of 'bum-fodder' started making an unwelcome appearance through my letterbox.

Here's to another lengthy period of silence for both of us!

[Never-In-Doubt]

Re: Barney's unenforceable MBNA thread

In the meantime, I can confirm that I have authorised a "cease all action" instruction to be placed on your account with immediate effect."

What they really meant was, ooops we shat ourselves at Niddy's template and until we get clarity from MBNA that they have the agreement we'll sit back but will still call you maybe once a week.

Well done, see what happens next

[Barney]

Re: Barney's unenforceable MBNA thread

What they really meant was, ooops we shat ourselves at Niddy's template and until we get clarity from MBNA that they have the agreement we'll sit back but will still call you maybe once a week.

Well done, see what happens next

Thanks Niddy.

"ooops we shat ourselves"

- brilliantly descriptive turn of phrase Niddy!

Funnily enough, I haven't had a single phone call since early 2010 when Explurto tried calling several times - always when I was at work or my better-half told them I was at work. The calls soon stopped and their letters were always very intermittent at best and eventually they stopped too.

Even now that BCW have reared their ugly heads, this has only been by letter - no calls at all.

As you say, let's see what happens next - can't wait!!

[Barney]

Re: Barney's unenforceable MBNA thread

Hi guys,

Update:-

Further letter received from BCW headed "Interim Report" - Interim b*ll*x more like.

".... complaint raised still being investigated and I will advise you further in due course. A final response will be issued to you within 4 weeks from the date of this letter."

Guess that means: "We referred back to AK and have heard naff all and simply diarised for 4 weeks again and will then pass back to AK who still won't have found anything". hopefully!

[MrsD]

Re: Barney's unenforceable MBNA thread

i would say that is a fair assumption of the reality of the situation!

[Barney]

Re: Barney's unenforceable MBNA thread

Gulp!

Just spoken to my better half and a large envelope has turned up from BCW. She won't open it, so I don't know what they have sent until I get home this evening, but I was hoping that they/AK/MBNA wouldn't find anything!

Suppose it could be a recon CCA and terms - will just have to wait and see, but nerves are not good at the moment.

[MrsD]

Re: Barney's unenforceable MBNA thread

they'll have sent all your statements as their "proof" which will still not be proof of a fully compliant lawful CCA............................just proof that they murdered a few more trees................

[jet set willy]

Re: Barney's unenforceable MBNA thread

Stay calm Barney, you know Flowerpower makes sense!!

[Barney]

Re: Barney's unenforceable MBNA thread

they'll have sent all your statements as their "proof" which will still not be proof of a fully compliant lawful CCA............................just proof that they murdered a few more trees................

Thanks for the quick response.

I hope you're right and it is something and nothing like you say. Whatever it is I am confident that I am in the right place here to deal with it.

Still doesn't stop the old nerves jangling though. Thought I was past that stage, but hey ho.

[jet set willy]

Re: Barney's unenforceable MBNA thread

And evenless as well lol. Too quick to hit send i am lol

[Barney]

Re: Barney's unenforceable MBNA thread

MBNA are at the top of the League of Incompetence so don't worry too much about it. They are not even good with Photoshop! In my case they didn't even attempt a recon!

If there is something in that envelope purporting to be a CCA just send that to Niddy for his verdict, not the terms or any statements.

Thanks everyone! Feeling a bit better already.

Flowerpower:- Thanks! Hope you are right. I will report back later this evening when I've found out what they have sent me. The more I think back about it, the more I will be astounded if they had found an original agreement to copy. Hope that is not famous last words!

[Barney]

Re: Barney's unenforceable MBNA thread

Panic over!

A4 envelope received contained BCW's letter, BCW's complaints procedure and Financial Ombudsman leaflet!

The letter is headed "Final Response" and confirms the BCW have "undertaken an investigation into the issues raised" and that my "complaint has been refuted".

It then goes on to give the reasons:-

• BCW "acts in good faith on information issued by our clients." (yeah right!). They were "at no time advised by our client of any ongoing disputes or unresolved complaint issues". Basically, that they were instructed to "pursue for full balance" and in passing the debt to BCW, their client is "satisfied that the balance is correct and due". In other words MBNA never informed AK of the dispute either.
• My (Niddy's) letter was the "first they were aware of any disputes or complaints". In view of the points raised, they placed the account on hold and "requested AK furnish you with the required documentation". "They have responded to advise that they are unable to supply these documents at this time". Therefore BCW "have closed our file and returned it to our client"

(Oh, and in view of this they do not consider their actions were tantamount to harassment).


Six paragraphs of waffle to say that!


One down, which next I wonder?


At least they have admitted in writing that AK cannot produce the documentation "at this time". Letter will be kept safe and sound for a rainy day!

A most satisfactory result I would say!

(P.S. Thanks for everyone's words of encouragement earlier - I wasn't expecting a reply quite so soon after their earlier letter said "up to four weeks", their response only being only a couple of weeks later did worry me a bit).

[Spent2much]

Re: Barney's unenforceable MBNA thread

brilliant news