Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Sparks V Mbna Visa+mastercard

    Hi all
    Recieved my Lloydsicon joint current account statements last week ,still have not had eneugh time to sort that all out yet so I thaught I would give MBNAicon Visa=Master & 2x Lloyds Plat visa A go as well!Lots of work still left to do,Eggicon Visa Monument Visa Partners Smarties Card & Capitol one.
    Lloyds dpa 05/06/06*reminder email25/06*statement rcv08/07*
    MBNA dpa sent 06/07/06*reminder email17/07*
    Lloyds Credit cardx2dpa13/07/06*reminder email17/07



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  2. #2
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    Default Re: Sparks V Mbna Visa+mastercard

    Hi all !
    I sent DPA SARicon to this address
    The data controller MBNAicon Europe bank ltd
    Registration Number,Z7668952
    M B N A EUROPE BANK LTD
    STANSFIELD HOUSE
    CHESTER BUSINESS PARK
    CHESTER
    CHESHIRE
    CH4 9QQ
    on the 05/07/06 & then a follow up email to gareth.tunnicliffe@mbna.c om with the same letter attached.I have so far been ignored??
    I have sent one DPA to cover both my visa & mastercards which were both settled & suspended a year ago.
    I am able to log onto MBNA netacess but no statements are shown for either cards.
    I think they probably owe me lots on these cards ???but suppose its just a waiting game now.
    I had a good look around this forum and am shure i got the address es and emails right??just a bit freaky to get ignored??


  3. #3
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    Default Re: Sparks V Mbna Visa+mastercard

    PS Follow up was sent 17/07/06


  4. #4
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    Angry Re: Sparks V Mbna Visa+mastercard

    Hi all!Just got back from a week in sunny cornwall to find this reply to my DPA request and two follow up emails sent on 05/07/06---17/07/06----06/08/06

    3 August 2006

    Dear Mr xxxxxxx

    XXXXXXXXXXXXXXXXXXXXXXXXX
    We refer to your recent correspondence concerning default fees on your account. I would like to clarify the situation from our perspective.
    We have always set out precisely what our charges are in our agreement with you, as they are an integral part of the terms and conditionsicon under which we are prepared to provide credit facilities. When Customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each Customer and for good reason. We expect every Customer to respect their credit limit. If a Customer goes over their credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage, and also where a cheque is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults of customers overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

    Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time your payment has not reached your account within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

    You will find at the end of this letter details of all relevant charges to your account (and any associated credits). On this occasion the information has been provided free of charge and your cheque returned to you. Should this information not be sufficient, and you wish to make a full data Subject access requesticon under section 7 of the Data Protection Act 1998, please complete and return the attached form.

    Please ensure you include the fee of £10 (cheques to be made payable to MBNAicon Europe Bank Ltd) and appropriate ID (e.g. photocopy of driver’s licence or passport).



    However, we would like to resolve this matter, I have therefore credited you with a goodwill paymenticon of £100, which will be forwarded to you by cheque in the next 10 workings days as your account is closed. I trust that you will find this an acceptable resolution.

    You may know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the QFT’s interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we have decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees.

    I enclose a copy of ‘Our Commitment to You’ leaflet for your information. Yours sincerely
    Steve Bailey
    Head of Customer Advocate Office


  5. #5
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    Default Re: Identity delays

    I have just spent a million years doin this reply to MBDLay,s Identity waffel if it mite be any help to others????????





    Mr xxxxxx xxxxxxxxx
    3 xxxxxxxxe
    Wexxxx
    Dxxxxx
    Dxxxxxx

    VISA CARD ACCOUNT NO: xxxxxxxxxxxxxxxxxxx
    MASTER CARD ACCOUNT NO: xxxxxxxxxxxxxxxxxx

    The Compliance Manager
    MBNAicon Europe Bank LTD
    ChesterBusinessPark
    Chester
    CH4 9FB

    16 Aug 2006

    Dear Sir/Madam,
    Thanks very much for your charge summery sheet & good will payment of £100 I received 03 Aug 2006 but as stated on my letter & cheque dated 05th July 2006 I would like you to comply with DPA Subject access requesticon for both Visa & MasterCard accounts as outlined within that letter.

    Proof of Identity I am able as you probably know to log into both my Visa & MasterCard Net Access accounts? This said I would very strongly question the state of your security systems if I am still able to do this if you don’t believe who I am or what my address is.
    I believe that this is probably just a delaying tactic on your part but as this is your first reply to my initial DPA SARicon sent 05/07/06 & follow up emails sent 17/07/06 to gareth.tunnicliffe@mbna.c om & 06/08/06 to shane.flynn@mbna.com I will assume that I can look forward to my statement copies within the 40 days of 03/08/06.

    To detract from any further DELAY or confusion I have enclosed snapshots of both Visa & Master Card MBNA online Net access account details Along with as requested another £10 cheque Proof of Identity & your Company DPA SAR Request slip.



    Yours Faithfully




  6. #6
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    Default Re: Sparks V Mbna Visa+mastercard

    Recieved a letter today confirming my DPA & Identity Request was recieved on the 18th Aug! 40 days to go then........They shure like to take there time!


  7. #7
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    Default Re: Sparks V Mbna Visa+mastercard

    Surely your start date was 5th July ..... and they have 40 days from then in which to comply?


  8. #8
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    Default Re: Sparks V Mbna Visa+mastercard

    You would of thaught so? but I have read in the FAQs and they also informed me in the letter that they have the right to ask for Idendiftcation Sec 7 (3) of 1998 DPA & as my accounts have been closed for 12 mts now they have not been in any rush to return my request!!!More stalling tactics from the MBNE time this year???????????NOT


  9. #9
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    Default Re: Sparks V Mbna Visa+mastercard

    Yesterday I recieved another copy of my 2 page visa charge summery sheet & also this time the same sheets for tha mastercard along with another request for proof of identity?????What are they playing at??I have also got a parcel to pick up from the post office later today! maybe my luck is in???


  10. #10
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    Default Re: Sparks V Mbna Visa+mastercard

    Parcel was not my statements


  11. #11
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    Default Re: Sparks V Mbna Visa+mastercard

    Recieved A parcel today with lots of info & transaction data from my two MBNAicon Credit cards.A years worth of transaction data is missing from one of the cards. On sifting thru what Ive been given It all seems to tally with the short charge list they first sent me with my £100 goodwill paymenticon.
    they owe with interesticon MBNA Visa £436.97
    Master £443
    I think I will go ahead and send a prelim letter anyhow????


  12. #12
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    Default Re: Sparks V Mbna Visa+mastercard

    I have dun the Simple Credit card for Works spread sheet for both my cards but am still unshure what interesticon to put in the Prelim letter?All the spreadsheet shows you is the 0.00022 or 8%.I have herd it mentioned meny times not to use this fig untill court action??
    I dont wanna look like a complete spam head so what do I do? Maybe double it up eg change the formula to 0.00044 16% and call it contractual??
    Can anyone help please!


  13. #13
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    Default Re: Sparks V Mbna Visa+mastercard

    I eventuall found a sheet in vamps chambers for aharges plus compound interesticon throughout claim


  14. #14
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    Default Re: Sparks V Mbna Visa+mastercard

    I have sent my lbaicon (for my two MBNA cards) letter on 7th Oct asking for a total of £1021.20 useing Vamps throughout claim including cont interesticon and have had a reply as follows??

    I refer to your recent complaint regarding default charges.

    I regret that you were not happy with our response dated 3 August. However, we reiterate that we have always set out precisely what our charges are in our agreements with you, as they are an integral part of the terms and conditionsicon under which we are prepared to provide credit facilities. Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time your payment has not reached your account within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

    However, as we would like to resolve this matter, we have arranged a further goodwill payment of £663, to be sent to you by cheque within the next ten working days. This is in addition to the previous goodwill payment of £100 and on the basis that this is in Full and finalicon settlement of your complaint. You will appreciate that this does not mean that we agree with your complaint.

    You will know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the OFT’s interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we have decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees.

    I enclose a copy of ‘Our Commitment to You’ leaflet for your information. If we do not hear
    from you within eight weeks of the date of this letter we will assume that the matter is closed.
    Should you would like to discuss this or any other matter, please contact my colleague
    Yvonne O’Sullivan, Customer Advocate, on 01244 672628 during office hours.

    Yours


    I
    Steve Bailey
    Head of Customer Advocate Office

    This still leaves £258.20 owing and Ime not shure weather
    1.To hold out or not?????????????
    2.If I hold out reply or not??
    What am I thinking ??? I should hold out! RIGHT!!??


  15. #15
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    Default Re: Sparks V Mbna Visa+mastercard

    :-| Been doin first aid @ work course all day and got a first aid headache


  16. #16
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    Default Re: Sparks V Mbna Visa+mastercard

    Hello!!!!!!!!!!


  17. #17
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    Default Re: Sparks V Mbna Visa+mastercard

    Hello,

    Give Yvonne a ring..

    Tell her your not happy and you'd like the full amount, ask them to double check your interesticon rate, contractual and compound then go from their..

    As a guideline, read through other people's post's on this here forum. You get what I mean..

    As soon as I get my SARicon details back,calculated charges etc, I'm straight on the phone to them..!

    Cheers

    Mike

    ---------------------------------
    NatWest
    Data Protection Act sent 02/06/06
    Statements Received 22/06/06 - Calculated Total.
    Stalled with Natwest while I sort my MBNA.
    ---------------------------------
    MBNA
    Data Protection Act sent 13/10/06
    ---------------------------------
    Capital One
    Statements requested over phone 18/10/06

  18. #18
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    Default Re: Sparks V Mbna Visa+mastercard

    if you do ring make sure you are prepared before hand with the full details of what you want to settle your claim.

    Don't be pushed into making a decision on the phone take your time and if necessary ring them back or let them ring you back.

    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

  19. #19
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    Default Re: Sparks V Mbna Visa+mastercard

    THX Mike
    THX Glenn
    Ive just recieved a cheque with compliments from MBNAicon for the above ammount
    am unshure what to do next???

    If I bank the cheque is that giveing my consent to full & final settlement???not!!!!
    My thaughts?!?!
    As I have had to sign nothing to indicate acceptance of full & final settlement I think I should write a letter to Yvonne thanking her for her second partial goodwill paymenticon of £663.
    I think also I should remind her that as indicated in my lbaicon the deadline for repayment of the full amount owed (£258.20 still outstanding) is the 25th Oct 06 & that if they do not fully respond,further action will commence.

    Maybe a Mod could halp a bit??


  20. #20
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    Default Re: Sparks V Mbna Visa+mastercard

    Rinch

    AS it goes it doesnt actually matter what you sign or not, you cannot in fact sign your rights away like that.

    I would do as you suggest, ie write and say thanks and ill pursue the rest.

    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


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