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On the 27th April I wrote to them using the data protection Subject access request. I also asked them in writing to stop calling. I have since written to them and asked them again to stop calling after one of their representatives stated that they could call me anytime on my phone despite my request for them to stop calling.
They wrote back and asked for £10 to provide the information requested under the data protection act. They finally sent thistome on the 1st of July 2009. (Outside the 40 day legal requirement)
I have logged a complaint with the information commissioner regarding the fact that they refuse to remove my contact details and have passed it on to aegis.
I issued them on the 10th June (received and signed for on the 11th) a request for a copy of my credit agreement and relative documents under the consumer credit act (sections 77- 78).
With the information request letter under the data protection act data access request, they said that they could not retrieve the original credit agreement.
I have attached the letter, along with a copy of their reply to my complaint about my contact numbers not being removed. There was no original terms and conditions or anything else relating to my consumer credit act request.
To date they still keep calling me and sending me their postcards saying they will be calling me. They are outside the 12 (+2) days for a copy of the original credit agreement to be sent. Do I wait a few more days for the calender month to finish or be nice and write to them before that time.
Any advice or counter letter would be appreciated.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Have sent them this letter and yet the phone calls and text messages continue.
This was sent recorded delivery and they still have not responded.
Have put this on as an attachment as I cannot seem to cut and paste onto any site.
Need some ideas of what to do next. Would like ideas of either writimg the debt off/ or token final payment/ or counterclaim against my requests/ compensation.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
As an update, I sent MBNA a further letter complaining I have not received my CCA and a request under section 10 of the data protection act to remove my data and to stop calling me. Their response. An increase in calls and more threatening letters (The last one saying that from their checks, they have noted I am a homeowner and they may apply for a charge against the home) They have not replied to the contents of my letter, sent recorded delivery.
They did send a templated letter today which suggested a partitial settlement may be considered, but no reference to my letter. I am not in the financial position to do this. I am very angry that they have ignored my lawful requests for a cca, removal of my information, they continue to charge interest whilst the account is in dispute and are continuing threats. I feel like counter proposing that I will not make complaints to the oft, ect ect and pursue costs/ compensation of their continual offenses in return for a zero balance.
Anyone got any advice? I am getting a it fed up with sleepless nights.
sorry to hear your having sleeples nights, one thing to remember is it takes time to go through their process i.e. phone calls letters demands last chance another last chance. In the meantime they will do all sorts of dare i say illegal things like not reply, ignore letters etc. Just take a deep breath and continue but don't let it take over your life completely. You have to live also even with this over you most of us have been there and are still there but you need a balance if you can manage it.
Everyone is on hear to help, another thing to remember is everything they do illegally will not look in their favour if they take you to court and they know this....hope this helps a little.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Im in the same boat as you roygoodbeat. I also have an MBNA account which i originally took out with HFC.
You should complain to the OFT regarding the failure to respond to your CCA requests, gives you more ammo for later.
Have MBNA advised you that they are contacting HSBC(Beneficials owners) to obtain the original agreement? If so try sending an SAR to HSBC. Check out my thread:
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Finally, they sent a copy of the original application form, not a fully compliant CCA in response to my original Subject access request on the 27th April (1st Oct received) This was after they regestered a default. I wrote to them stating that my CCA request under the consumer credit act was still outstanding and that they had not produced a document that fully coplies with this act. I advised them that I would take action and report them to the OFT, financial Ombudsman and maybe court action as they had clearly broken OFT guidelines ect.
Their response. To sell this to a third party who are now demanding payment. Any advice??
I see you sent the Account in Dispute letter back in July, if what they have sent still does not comply then use the letter in the link that Slick 132 put on post 14.
I used this with a couple of mine and not heard again from the DCA's since.
I am still waiting for response to my CCA request at the end of April! Similar to yours, it was originally with Beneficial.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
They have sold the debt onto someone else who is demanding payment. I have written to them twice now, firstly with the bemused letter, but they have ignored these and their degrees of threats are increasing.
MBNA ex Beneficial Bank
. I also asked them in writing to stop calling. I have since written to them and asked them again to stop calling after one of their representatives stated that they could call me anytime on my phone despite my request for them to stop calling.
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