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.
Just out of interest thought I would give them a call to see if could get statements etc, without need of a letter (I know stupid idea but it was an 0800 number...)
Got the spiel about how could send out the last 6 months statements FOC (these are on the online netaccess anyway) or would be £2.50 / statement because they were all on microfiche. So asked if she was sure because I knew that if sent a letter in (DPA request) the maximum they could charge was £10. She stated she was aware of that but reiterated all she could do was provide them @ £2.50... Did I want them @ £2.50 ? Really don't believe that people can be so dense... I've just told her (and she agreed) that I could get all the statements for £10 and she continues to offer to send them out for £165 in total !
Anyway... back to the real world... She gave me a fax number I could use for request - 01244672409 Anyone know where this ends up or a better one to use ?
Have MBNA been taking the £10 fee for DPA requests ? Can I get away with authorising them in the letter to take it from my account ?
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As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Other thing that I did get out of them though... Got over £600 for last year alone...
I've been at my most financially stable for a long time over the last year... Christ knows what the total figure might come out at...
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
You'll get them free of charge. Fax this number instead 01244 672190. That is the fax number for the advocates office.They won't charge you. Best bet after faxing them is to email and check they got it. stuart.johnson@mbna.com is a pretty good bet, he's in charge of the department. They say it will take about 7 days to get the statements as apart from the last 12 months, everything is on a disk in the states, mine actually took closer to 3 weeks.
Dinghy, I am well versed with this bunch of clowns so let me know if you need any help or if you want me to share the experiences of dealing with this lot with you although my "This Is War" therad is rather detailed as you well know !
Cheers SS... Did think that you might have better options !
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Oh, and Stuarts direct telephone number is 01244 576317. Whatever you do, do not contact the call centre from now on. Just go through the advocates office as yuo will at least get a semi-sensible answer from them.
I will keep track of your progress.
Your user ID intrigues me. Mine is fairly easy to figure out, a scouser living in surrey. Do you have a liking for inflatable boats or something ?
Oh, and Stuarts direct telephone number is 01244 576317. Whatever you do, do not contact the call centre from now on. Just go through the advocates office as yuo will at least get a semi-sensible answer from them.
I will keep track of your progress.
Cheers mate much apreciated. I would add to your rep except apparently I've got to spread the love around before I can do that again !
Originally Posted by surreyscouse
Your user ID intrigues me. Mine is fairly easy to figure out, a scouser living in surrey. Do you have a liking for inflatable boats or something ?
TBH I'm a Spurs supported (And yes I've been smarting over everything for the last couple of weeks although Wednesday did cheer me up somewhat ! )
'Dinghy' is the name I've used on forum's since Martin Jol was appointed manager @ Spurs, since jol translates from dutch to english as dinghy ! (Sad I know but...)
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Ah, that all makes sense now. Felt sorry for Spurs on the last day. I go to the everton match each season as my best mate supports spurs and i'm everton so normally a good day out.
I would like to make a formal request under the Data Protection Act for a copy of my credit card statements, and or a complete list of all charges made on this account over the last 6 years.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be so kind as to confirm this in your response to this request.
Furthermore, this request for information regarding charges levied on my account is specifically due to recent media coverage on bank charges which I am sure you are aware of. As I understand it the regime of 'fees' which you have been applying to my account in relation to exceeding limits, late payment charges and so forth are unlawful at Common Law, Statute and recent Consumer regulations.
In particular I believe that they are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.
I also believe, following the OFT’s recent judgment that charges are unreasonably high, the clauses utilised to deduct these charges from my account are unfair and do not satisfy the requirement of reasonableness as required by the Unfair Contract Terms Act s4.[edited this a little]
In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.
Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund them to my account. I hereby give you 14 days to refund the charges back on to my account. If this is not done within 14 days, I may be forced to take legal action.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
Yours sincerely
Dinghy
Kill 2 birds with one stone... Get in DPA and prelim letter @ the same time ?
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As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
hmmmmm.........personally I wouldn't as you don't yet know what they have charged you. They can actually tell you that if you ring them as they have it all in front of them on their computer. They know what is coming anyway when you contact them.
The main problem here is that you are giving them 14 days to refund the charges but the have 40 days to provide you with the details which show what the carges consist of.
I know you are excited but sit tight, all good things come to those that wait !
hmmmmm.........personally I wouldn't as you don't yet know what they have charged you. They can actually tell you that if you ring them as they have it all in front of them on their computer.
They could only (so they said) tell me what had gone across the account in the last year this morning...
Originally Posted by surreyscouse
They know what is coming anyway when you contact them.
Of course they do
Originally Posted by surreyscouse
The main problem here is that you are giving them 14 days to refund the charges but the have 40 days to provide you with the details which show what the carges consist of.
True. However this way would reduce the maximum time they have down to 58 days from 76... Presuming they take the maximum 40 days to provide information and don't categorically dismiss my request...
<stamps up and down like a petulant child> I WANT MY MONEY AND I WANT IT NOW !!!!!!!!!
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As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Well, your shout matey, can't see as the end result will differ anyway and you'll get it back. Give it a go if you like. Anything to to stop you stamping your feet like a petulant child !
Thank you for your email. I will arrange for a summary of fees to be sent to you as soon as we have retrieved them from our archive.
I will also arrange for the closure of your account. Please ensure that all account items such as cards and cheque books are destroyed immediately and that any continuous authority transactions are cancelled with the relevant companies (e.g. annual subscriptions etc).
Kind regards,
Stuart.
Thought that the least they would have done would be to give me notice about future conduct and such like... Must try to think up some nice pithy email to reply to him... Thinking along the lines of "wasn't actually looking to close the account but..."
(luckily the account is clear at the moment...)
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Ah well, just part of the game I suppose ! That is probably the worst thing they can do to you, withdraw credit facilities.
I would email him back just stating that he has misread your letter and that you have not asked for the account to be closed and how he has interpreted that from your letter.
Don't really want to **** them off this early in the proceedings for fear that they might drag it all out out of spite...
However... This is my considered response...
Originally Posted by dinghy
Stuart,
Many thanks for your swift and concise response however the nature of it somewhat disturbs me. I do not believe that at any point I indicated that I requested the account to be closed so I can only presume that this an action that MBNA has taken on its own merit. Is this company policy to close accounts whereby a customer either simply asks to be furnished with certain information or indeed requests that the contract be maintained within the law of England and Wales ?
Most interested to hear your thoughts in this matter
Regards
Dinghy
What you think ?
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Well, I'm all for having fun with these clowns so my heart says yes , my head is saying how much longer could they drag it out. I mean all you need to do is stick to your deadlines and it won't get dragged out that much more !
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
The terms and conditions on which we are prepared to do business have not, at this time, changed. I entirely respect your position that you do not wish to be bound by those terms and conditions and therefore the only course of action, regrettably, is to close your account.
Kind regards.
Stuart
If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.