Thread: Wade vs MBNA Credit Card

Im not sure but if the account is in dispute, I dont think they can default it. hopefully my post will bump this a bit and a legal eagle will pass by with some advice

I think you will need to write to the Credit Reference Agencies and inform them that this account is in dispute over the amount owing. If I'm correct then they cannot record a default against your name over the account.

the date they received it - so the day the Royal Mail tracking service says it was delivered is the first day of the 40.

The ball is rolling.....

I sent a letter yesterday rec del, to Gavin Theobald asking for his assistance in ensurin the 40 day SAR is fulfilled, also clearly stated that I hold the account in dispute re PP insurance suspended, the default; acknowledged the return of some of the late fees etc.

Today (must have crossed in the post), another letter (which seems to be templated and personalised) from Gavin Theobald...

""
Thank you for your letter which was received on 14 December 2006.
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 conditions 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 we look at the portfolio as a whole and set uniform charges to help cover our costs, 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 a payment has not reached your accounts within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.
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 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. You will receive notification of the changes to the terms and conditions. We expect you to honour the revised terms of your agreement with us. If you do not do so, we will have no alternative but to cancel your card and to formally terminate your credit agreement.
With the above in mind, and as a gesture of goodwill I have credited your account with a payment of £621.00; this will be deducted from your outstanding balance, not from your account arrears.
Please be aware that your account is currently two payments in arrears, totalling £ 181.63; there is also an additional £63.67 due by 4 January 2007.
If you are unable to afford the required contractual payments, please contact our Debt Management team on 0800 096 9668 with the details below so we can assess the level of assistance you require.
• Your monthly income (salary, benefits, allowances)
• Your monthly expenditure (household costs, utilities, rentals)
• Names of all your other creditors and balances owed with each
• Employer details
• Reduced offer of payment
Please rest assured that MBNA is committed to assisting Customers in financial difficulty therefore we have suppressed interest and fees to your account. However, details of a reduced payment arrangement will show on your credit file.
I trust this response meets with your expectations; if you have any further queries please contact Daniel Friar, on 01244 672628 (Monday to Friday, 9am to 5pm). I am also enclosing a copy of "Our Commitment to You" leaflet, which explains our complaint handling process in greater detail. If we do not hear from you within eight weeks of the date of this letter we will assume that the matter is closed.
Yours sincerely
Gavin Theobald
Customer Advocate Office Manager
""

Am I right in assuming this is similar to other peoples' GOGW letters?
Should I now write another letter contesting his above, or wait for the 40 days?
Should I accept his GOGW in partial only and pursue the remainder - he did also include 2 printed pages of charges etc (both added and now some returned) as far back as March 2003 - not the full 6 years?

Please help ???
The insurance payments have been paid every month for 29 months, how can I be in arrears if they cover the minimum amount? (charges possibly?)

Any advice welcome..

i have just received a computerised version of all transactions after a long drawn out process of threatening court action to get them! my insurance payments did not cover the monthly payments when i was in financial difficulties, to be honest, i do not know what they paid for!

If you are still waiting further information under your SAR request i would write and advise of how long they have to provide such information. if the 40 days are up from the original SAR request then there are non-compliance letters in the bank templates section of CAG.

If the GOGW they have offered you is less that what you worked out (i.e. charges and interest) then i would write back accepting it as a partial settlement ONLY and chase them up for the remainder, also ask for the default to be removed (if there is one) and ask for a Breakdown of what it is that your insurance premiums are paying.

Hi all,
Thanks AdiNicol - the 40 day SAR date is 20th Dec. With my letter crossing in the post with MBNA's GOGW, left it a couple of days, otherwise asking questions that may have been answered already.
Just about to do 7 day chaser for complete SAR, before lba on DPA.
I'll accept GOGW as partial payment only, and also question why there are arrears if the Insurance payments made monthly, have not covered the due amounts, especially as they have now return approx 1 year of the charges that kept the account overlimit!
They also sent another income and expenditure form with the last letter, but won't complete that until they've replied to SAR etc.

They are so frustrating, delay tactics and a cheap buy off.

Ding Ding - round 3!
Thanks everyone.
Happy Christmas all.
xxxxxxxxxxxxx

Hey all - hope it was a good Christmas for you all.

Sending Library template letter - 40 day incomplete SAR details.
Gave them (generously and hopefully in my favour if court required) 7 working days (8th January) to comply.

I only received back to March 31st 2003 on a two page plain paper printout, at least another 18months worth yet to come. Problem is I don't remember when exactly - is there a way to find out? I think I read somewhere about requesting a copy of the CCA but cant remember who/when/where etc.???

So I'll send the letter to the Data Controller, and copy contents in a 'I want to confirm account in dispute, why suspend my PPI and why a delinquent account' letter to Gavin Theobald - The Customer Advocate Office Manager...

Fingers crossed.

All the best folks

HI

Could I ask for some help please?

If I have available, 18months statements, a printout for 3 (ish) years of the charges added to my account, and a print out showing a list of charges added (and some now reversed) but none of the figures add up to the GOGW received - how do I determine how much more to claim for without seeing the DPA non compliance all the way to court.
I haven't even had an acknowledgement of the original SAR - just about had ack for letter sent at the same time - very little else since.
They seem to be playing me quite hard!

Any suggestions please?
Thanks...

firstly do you have statements/ information on charges spanning the length of time with MBNA? if not then yes chase that up via non-compliance. I found being shirty (but not verbally rude or aggressive!) on the telephone and advising them of my rights under the data protection act brought a swift resolution to the situation and i got the information and it was very much like what you got, a computer printout that broke everything down and i was left to work it all out, 14 days later the darm statements arrived!

if you are still confused over when the account opened, just ring them up and ask, they should have it on their database. MBNA will provide such information, if they cashed your 10 SAR money they should give you a copy of their agreement as they have a standard form they send out you tick the boxes asking for what you want etc.

if you feel you have all the information then work out the charges plus interest (use the spreadsheets available in general section i think) then minus the GOGW. There are threads in the general section on estimated charges etc if you feel that is the way to go read through them and understand the complications you may face.

thanks

I have just sent an SAR to MBNA even they sold my debt but, added 12K onto it before disposal, bless them!

I would advise anyone to immediately cancel the insurance unless, anyone here can confirm it had been useful? They will not only charge the insurance but subject it to a high interest rate.

I wouldnt beat around the bush with MBNA and enforce your rights as strongly as you can.

Originally Posted by AdiNicol

firstly do you have statements/ information on charges spanning the length of time with MBNA? if not then yes chase that up via non-compliance. I found being shirty (but not verbally rude or aggressive!) on the telephone and advising them of my rights under the data protection act brought a swift resolution to the situation and i got the information and it was very much like what you got, a computer printout that broke everything down and i was left to work it all out, 14 days later the darm statements arrived!

if you are still confused over when the account opened, just ring them up and ask, they should have it on their database. MBNA will provide such information, if they cashed your 10 S.A.R - (Subject access request) money they should give you a copy of their agreement as they have a standard form they send out you tick the boxes asking for what you want etc.

if you feel you have all the information then work out the charges plus interest (use the spreadsheets available in general section i think) then minus the GOGW. There are threads in the general section on estimated charges etc if you feel that is the way to go read through them and understand the complications you may face.

thanks

hi AdiNicol - thanks for your reply.
I believe the account was opened sometime early 2001-not sure exactly, but definitely before the start date on the print out.
I've got back to January 2004 statements - no further, so I don't believe I have enough to give an accurate guesstimate of the total.
The GOGW has already been deducted from the account balance-although their letter offering it did not state 'final offer' or full & final etc, so the letter I've sent thanks them - accepting in partial only etc.
As the payment for the SAR was a Postal Order - it would take upto 3 weeks for the post office to confirm it has been cashed apparently (strange), so as it has been delivered, I've rightly or wrongly taken it that the payment has been 'accepted'. Cashed or not!
So - the 8th January is the end of 7 days lba.
I think I'll take your advice to call them tho!

Thanks again.

Originally Posted by nevos

I have just sent an S.A.R - (Subject access request) to MBNA even they sold my debt but, added 12K onto it before disposal, bless them!

I would advise anyone to immediately cancel the insurance unless, anyone here can confirm it had been useful? They will not only charge the insurance but subject it to a high interest rate.

I wouldnt beat around the bush with MBNA and enforce your rights as strongly as you can.

Hi Nevos - thank you too!
I have had some benefit from the payment insurance, as without it- the £89 a month min payment would have been impossible for me to cover, the only drawback was that MBNA decided in their ultimate wisdom - to reverse upto £72 each month in interest, PPI premiums, Late Fees (which they had control with communicating with the insurance co) and over limit fees (as a result of the fees they added!

I did have a Capital One card - totally paid off in 9 months (£2500) - very worthwhile, but one of the rare ones that paid 10% of monthly balance for upto a year (ie clears balance!)

Taken both yours and AdiNicols advices, strong letter before action sent, phonecall happening tomorrow to establish start date of agreement.

Thank all