Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
If they are doing what they have done to many people, you will received your cheque back along with a list of all your charges, not a ful DPA request. Apparently, according to a conversation I had with Gareth yesterday, they assume that the list is all people want as they know we are chasing our charges. They will supply you with a full DPA if you send it back again!
Pam.
If anything I've said helps you then please feel free to tip my scales!
They've done that to me - just a statement and not the full DPA info. I've requested this from them again, but they wanted additional ID which I have supplied them with. I've just heard back from them saying that my 40 days started from when they received the ID required and not from my original request. I suspect this is a delaying tactic. Can I insist on the 40 days starting from my original request?
They've done that to me - just a statement and not the full DPA info. I've requested this from them again, but they wanted additional ID which I have supplied them with. I've just heard back from them saying that my 40 days started from when they received the ID required and not from my original request. I suspect this is a delaying tactic. Can I insist on the 40 days starting from my original request?
I think depends is the answer as to when you can expect the 40 days to start.
I understand they are allowed to determine if you are who you say you are, so if you have changed address or something like that then its reasonable for them to make sure of your id.
If on the other hand you have provided an address and details which they normally contact you on and there has been an ongoing relationship then as far as I can see there is no reason why the 40 days would not start when the letter was reveived by them.
Note its when the SAR is received not when they cash the cheque. They have a right to charge a fee, by sending it you are oinly making sure there is no delay in them processing you request by them having to ask for it.
If they dont bank/cash it its their problem.
I would see if anyone else comments, preferably one of the mods if your worried since I am not a legla expert only givign what to me seems a reasonable viewpoint.
HTH
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Cheque received then fine and usual addresses used even better. 40 days from date of receipt if you ask me. (For what it's worth)
The Dpa (the actual act) says 40 days from receip of satisfacory confirmation of ID. However, if they write at the address on record then surely that's enough, in which case they are happy to send statements to that address then surely they are happy to send any other correspondence to that address without any need for further ID. All horlicks if you ask me and they twist it for their benefit.
Hi,
When I got my statement in I discovered that they have credited my account with my cheque for the SAR. I phoned to query this, and the customer services guy eventually got a handle on why I had sent the cheque said 'I think it will cost a lot more to get all your statements' He wanted to put me through to his supervisor, but I said no, if you have received my cheque, you'll have my SAR request, so it's of no relevance to me what you decide to do with my cheque. Your 40 days are still counting down.
Any views if this was the correct thing to do?
cheers,
Gerry
was your letter sen RD ? If so then no worries on your part. Another example of inept practice from MBNA. No probs, sit tight and see what happens after 40 days. Fromwhat you've said, sounds like nothing to me, up to you if you want to give them a shove, i'd stitch them up if it was me !
Yes you are quite right - if they have received your SAR then the 40 days are counting. If they decide to credit the £10 to your account then that's kind of them, but they still have to comply with your request within the 40 days.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Thanks for the feedback. Letter wasn't sent RD, but I'm going on the basis of - 'you received the cheque that was attached to the letter, so you've got the letter'. 27 days and counting!!
I chased up MBNA last week, and have now received a "final offer" letter from Steve Bailey.
They still claim their charges are fair, yet also tell me how they have reduced them to the OFT suggested £12......and refer me to the OFT information. Again, a standard reply, because I already brought this to their attention.
They have credited my account with £510 as final settlement, which seems a common ploy according to threads here.
The funny bit of the letter, which is obviously a template, is that they say that I am such a good customer, and value my custom....which is not possible because the account was suspended by them 3 years ago.
Rather than issuing the Moneyclaim straight away, I plan to call them on Monday and see what I can get them to do. If that fails, I plan on issuing the claim.
I would go straight with the MCOL - they have had there time already and you get the extra 8%.
My advise if free and is worth exactly as much as you paid for it….
HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514
HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980
MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o
FREEWAY 28th Oct ~ offered and acepted £506
TSB VISA MCOL £300 - court date 27th March 2007
jad vs MBNA
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Originally Posted by pj41
Letter wasn't sent 
Final Offer received
