Nothing on this website is relevant to Ireland
MBNA have no record of a signed contract
- Thread starter DublinCeltic
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Nothing on this website is relevant to Ireland
M
marti18
Guest
at the end of the day you still owe the money......you spent it so you must pay it back UNLESS your a banker who get bailed out of everything
And the penny drops. Why do the Bankers and upper eschalons get away with it??
Perhaps they know this game better than most.
Look, ranting about Bankers and upper echalons belongs in LOS. And I am sure many of us agree with that there does sometimes seem to be one rule for some and another rule for others. However, advising someone to ignore debt collection agencies or that some legal loophole exists to get them out their debt has no place in a serious financial advice thread.
nlgbbbblth
Registered User
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How is that? Has Mary Croft sold me anything recently.
Can someone tell how a debt collector can pursue you if you choose to ignore them? Enlighten me please? No contract- no court date!
Are there people here with vested interests or are there people who feel they owe it to somebody to pay off fraudulent alleged debts and convince everyone else that its the right thing to do ??
redbhoy said:
No-one has mentioned debt collectors so far in this thread apart from just now when you did. in post #2 you referred to the Debt Collection Agency. There is a difference between the two. Quite a lot of lenders/businesses use the legitimate services of a Debt Collection Agency to pursue debts on their behalf, usually when internal efforts have been exhausted or repayment agreements have been broken. In this situation the debt still belongs to the lender/business. The debtor can inform the Debt Collection Agency they they do not wish to deal with them. This will have had the desired effect, as they will then have to engage with the original debtor, & hopefully come to a mutual agreement.
Alternatively, the lender/business can actually sell the debt on (assign the debt) to any third party, who in turn can take a legal action aginst the debtor. Usually this would be to a Debt Collection Agency. MBNA have been known to do this. The debtor would usually be informed of the intention to sell the debt on & also that it has been sold on.
What fraudulent alleged debts are you referring to in the case of the OP?redbhoy said:
Even the OP admits & acknowledges the debt. By using the card they have automatically agreed to MBNA terms & conditions.
This is the reality of the situation, so trying to make the OP believe that they can renague on their responsibilies to repay the money that they, by their own admission, owe to MBMA, is not only unrealistic & unreasonle, it is simply untrue.
If it's so easy to wangle out of credit card debt, why don't you do what you are advising the OP to do, & see how successful you are in your plight? Maybe then you will begin to understand that your advice to the OP is totally unrealistic, & that MBNA are not responsible to fund the lifestyle of their cardholders without being repaid at some stage down the line. Even St Vincent de Paul don't do this, & they are a registered charity.
nlgbbbblth
Registered User
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Just to note that I am in the process of doing this. Ive done a lot of research in the area of banking and the courts system. When its over and done with I'll post up the details. I doubt it will ever end though as they wouldnt want everyone knowing this information as 'their' system will crumble on its dodgy foundation.
J
JustAnother
Guest
If there is no signed contract how can the OP be expected to prepare his case against MBNA. It would also be a breach of various parts of the Irish Consumer Credit Act 1995.
Suggest you review the law yourselves,
irishstatutebook.ie/1995/en/act/pub/0024/index.html
I would suggest you ask them formally for a true and correct signed copy of the terms and conditions you *initially* agreed to, this is in order to enable you to verify their claims, it is also your legal right. Send this by registered post, print do not sign your name, and give them a fixed period of time to reply (14 days), you also need to pay a couple of euros to cover the cost of your request.
I'm not saying that this will let you get out of the debt, but MBNA have obligations, and they are not above the law (as much as they like to pretend they are)
I would suggest *anyone* getting hassled by MBNA read carefully sections 43, and 46 of this act. The Irish law here is based on an EU directive, so this will be similar throughout the EU.
Suggest you review the law yourselves,
irishstatutebook.ie/1995/en/act/pub/0024/index.html
I would suggest you ask them formally for a true and correct signed copy of the terms and conditions you *initially* agreed to, this is in order to enable you to verify their claims, it is also your legal right. Send this by registered post, print do not sign your name, and give them a fixed period of time to reply (14 days), you also need to pay a couple of euros to cover the cost of your request.
I'm not saying that this will let you get out of the debt, but MBNA have obligations, and they are not above the law (as much as they like to pretend they are)
I would suggest *anyone* getting hassled by MBNA read carefully sections 43, and 46 of this act. The Irish law here is based on an EU directive, so this will be similar throughout the EU.
J
JustAnother
Guest
By failing to comply with this consumers request, MBNA will have made commited a summary offence, and be liable for a fine of £1500-£50,000* with ongoing daily fines also. While they are in breach they may *NOT* pursure the debt further.
*I assume this is converted to the correct Euro value, as the law predates joining the single currency.
*I assume this is converted to the correct Euro value, as the law predates joining the single currency.
J
JustAnother
Guest
citizensinformation.ie/categories/money-and-tax/personal-finance/loans-and-credit/moneylending_in_ireland
Moneylending agreement information
Moneylenders are required under the Consumer Credit Act to provide their customers with detailed lending agreements that show the total cost of credit and the rate of interest, plus any collection charges that may apply. No other charges, such as administrative or transaction costs, are allowed to be applied by the lender. The lending agreement must also be signed by both the lender and the customer.
And from the actual act:
30.—(1) A credit agreement and any contract of guarantee relating thereto shall be made in writing and signed by the consumer and by or on behalf of all other parties to the agreement
Moneylending agreement information
Moneylenders are required under the Consumer Credit Act to provide their customers with detailed lending agreements that show the total cost of credit and the rate of interest, plus any collection charges that may apply. No other charges, such as administrative or transaction costs, are allowed to be applied by the lender. The lending agreement must also be signed by both the lender and the customer.
And from the actual act:
30.—(1) A credit agreement and any contract of guarantee relating thereto shall be made in writing and signed by the consumer and by or on behalf of all other parties to the agreement
DublinCeltic
Registered User
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Thanks for the replies. Just to clarify that i am acknowledging the debt but its the interest rate that i have an issue with. My copy has a different interest rate to the one they provided me with recently but it wasn't signed by me. I was told that they can change the rate anytime but surely i must have to agree with that in the first place or at least be informed ?
Also, i asked for all correspondence to be by email or written letter yet i am still getting phonecalls from private numbers, the last time i answered it was the debt collection company again.
I am forwarding my copy to them so they can investigate further but i seem to be getting the same response all the time from the debt collection company as they say they are the owners of the debt.
It's getting very messy.
Also, i asked for all correspondence to be by email or written letter yet i am still getting phonecalls from private numbers, the last time i answered it was the debt collection company again.
I am forwarding my copy to them so they can investigate further but i seem to be getting the same response all the time from the debt collection company as they say they are the owners of the debt.
It's getting very messy.
What JustAnother has neglected to point out is that Section 30 (4) of the act does not apply to credit card accounts.
"(4) This section does not apply to credit in the form of advances on a current account, or on credit card accounts."
They don't have to inform you personally. It is sufficient for them to simply take out an ad in a newspaper. It is standard terms and conditions for credit card accounts.