Well what a surprise

Received my charges since the account opened, £360 charges

But the surprise was that they have sent back my cheque for the £10 as the letter says

"On this occasion we have provided this information to you free of charge and I enclose the cheque, which you sent to us."

WOW, thats the least they could of done, with all the interest that they have on top of the charges

Today 24th May, received a letter, stating that the credit arrangements etc wrere still intact, and their responce does not effect the arrangements to repay the account off.

Note - Account is in Default, Off 1yr from work

They have as a Goodwill Payment, credited my account with £180 on the basis that this is in full and final settlement of the complaint.

Now they have defaulted me by £360, Do I accept this payment, due to them continuing to not charge interest on the default, or do I still insist on the Full payment

I can scan the Letter to Bankfodder if required.

As usual, All assistance is helpful, once I have one or two fights out of the way, I can start helping others who have been in similar situations.

This is the letter dated 18th May 2006

Dear xxxx

Account xxxxxxxxxx

We refer to your letter dated 25 April 2006 concerning default fees on your account, I would like to clarify the situation from our perspective.

Firstly, I note that you have recently spoken to our Customer Assistance department regarding your financial status, I assure you that we are committed to assisting Customer's who find themselves in difficulty and that this reponce does not affect any payment arrangements you have made, your interest and fees remain supressed.

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 substancial costs in dealinf 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, Therfore, 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 chages 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 have also made reference to recent statements by the Office of Fair Trading (OFT), and associated press coverage, You may have noted that the OFT is aware that many credit card providers, including ourselves, do not agree with their interpretation, However, we realise that the coverage has created dissatisfaction towards credit card providers.

We do value your custom and so we would like to resolve this matter, I have therefore credited your account with a goodwill payment of £180 on the basis this is in full and final settlement of your complaint.

Please note that should your financial circumstances change and current arrangements with us end default fees will be charged in the future as set out in your agreement, and we will expect you to honour the terms of that agreement.

I enclose a copy of "Our Commitment to you" leaflet for your information, if you would like to discuss this matter or any other matter, please contact my colleauge XXXXXXXXXXXX, Customer aAdvocate, on 01244 672XXX during office hours.

Sophie Jane

I refer you to this thread-

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7447

it should raise the spirits a bit!!

LTWF

very similar to my letter, almost identical in fact although I got the lot back first time. Are you happy with the outcome ?

Sophie Jane

I refer you to this thread-

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7447

 

it should raise the spirits a bit!!

 

LTWF

Seems that I have my answer - GET it all

Letter will be sent today to Steve Bailey, and this time, only 7 days to settle,

As being happy with the outcome, Well sort off, It helps the other half to understand that the charges are worth fighting for, even if we do not benefit in the pocket as being in debt with them all, it will in the end cut the time that we are paying these debts off

Points to put in letter - Accept the Goodwill payment, as PART payment, and also that I will not accept Default charges as being Lawful unless they can provide evidence as they are actual costs to charge my account.

If they do not settle, then I will be left with no alternative but to settle in Court

Any more points you feel that should be addressed?

very similar to my letter, almost identical in fact although I got the lot back first time. Are you happy with the outcome ?

Probable the same letter

I feel that they are holding back as they feel that I may not persue the matter all the way, and with being in debt with MBNA and many others, they persume that No one is backing me on the funds, What do they know - LOL

This is the guy to talk to-and he is a nice enough guy,but just be firm and they will keel over like skittles

01244 672628(MBNA customer advocate office)

and ask for Gareth Tunnicliffe

took me all of 2 phone calls and 1 day to get the lot back-so go for it.Make it clear that you will accept the goodwill payment ONLY as part payment,and that you will be pursuing them for the rest.

all the best!!

Thanks for the info, I feel that everything needs to be in written format, so that nothing could be taken wrongly

This is my propsed letter

Dear Steve Bailey

Re your letter dated 18th May 2006, I thank you for your goodwill payment and that all agreements are to stay as arranged, I am only going to accept the Goodwill gesture of £180 as part payment of the £360 that has been unlawfully charged against my account which I hold at present.

At present calculate that you have taken £360.00 plus £50.77 which you have charged me in overdraft interest (8%APR) for the sum which you have taken. Total £410.77

Unless you can provide accurate breakdown of these charges levied against my Account, I will not accept any Charges levied against my account, at present or in the future.

I require repayment in full of this money (credited to the existing balance). If you do not comply fully within 7 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Yours Sincerely

Sophie-Jane

Please advise

Hi

Spoke to Gareth Tunnicliffe 6th June 2006

Asked for a breakdown of the charges, said this info is confidentail, and not available for public view

Asked if they are going to refund charges, "Looking into the case"

Time scales, started quoting me that they are allowed 28 days to respond, I told them that I have given them sufficient time to come up with a mutual responce and payment, and that with the charges, I have to respond within their time scales

I told them, that the time runs out on Friday 8th June 2006, after which will proceed to the courts

Due to lack of available funds, I had to hold back on court action

Good job I did in a way

Today 21st June 2006

Received a letter, I have now had 2 payments into my account from MBNA - classed as balance adjustments

Totally paid up, so no court action, shame that I cannot spend any money, as its credit to my account which is a Debt and being managed.

But at leat it will be paid off a lot sooner than originally envisaged

Survey completed on completion of this message

Congrats S-J!

Gives the rest of us some hope, put in my DPA yesterday, LTWFB's advice is well read also, bring it on!!

Congrats S-J!

 

Gives the rest of us some hope, put in my Data Protection Act yesterday, LTWFB's advice is well read also, bring it on!!

Hi Big Col

You may need to keep pushing them at MBNA, they seem adament to lenghten the Time limits that I set, ie 14 days which I set

I only held back on court action due to lack of funds, otherwise they would of been dealt with Court action prior to the letter I received today 21st June 2006.

I would recommend to keep chasing, when the time limit is getting close, send either a letter or fax to explain that the time limit is near, and what you intend to do if they do not keep to your time limit.

As long as you give reasonable amount of time to get the issue sorted, you are showing that you are being Reasonable, and if it did go to court, you would show that you have allowed an reasonable amount of time for them to respond.

Keep reading and following other members threads (Messages) as that way you will start to understand the proceedures and know what to do and when, I have been on this site now for around 3 months, I have learned a lot thanks to the Management here at Consumer Action Group

I am sure many would agree, that once been on this site, and read various postings about each Institution, that they have gained a lot of info, which they have put into practice and looked forward to Bank and Credit card letters popping thru the post, instead of being scared of them

About time the shoe was on the other foot - LOL

S-J!

Happy with that, have just emithered my 2 DPAs to Gareth Tunnicliffe cc Steve Bailey. Still waiting for replies, I know they have recieved other letters that I have sent about unconnected matters. I also note that they have a recorded message on their phone system about the OFT announcement, made I chuckle when I heard it, but how many people are going to get put off?? Not this little pink body!!

Please advise on the following letter, Which I intend to send off in settlement of this claim

________________

Dear Steve Bailey

Re your letter dated 15th June 2006, Thank you for your goodwill payment/s and that all agreements are to stay as arranged, I am only going to accept this Goodwill gesture/s, as full and final settlement of this claim only.

Note the £12 in which you mention, was at which the OFT would intervene, I require FULL and proper disclosure of any charge/s levied against my account in the future, or similar action will be taken to recover any losses directly via the courts.

I will bring your attention to the following “A Statement of the OFT’s position”

http://www.oft.gov.uk/NR/rdonlyres/2EBC491E-303E-4FAA-A24D-32EF8396255E/0/oft842.pdf

I refer to section 1.8 to 1.10,

Since you have settled, I shall not submit a Consumer Credit Act 1974 complaint to the OFT, since you have complied with the OFT's direction of 5 April 2006.

Yours faithfully

Sophie-Jane

____________________

Thank you all for your support, any comments on a final responce to the sttlement would be apprecited, so they know where they stand in reguard to future action

Can someone tell me where to start? MBNA have been callin me, emailing me etc and I now face court action for charges of approx £800 on a CC which I can't pay off. Limit is £3600, balance (solely charges for amount above limit) is nearer £4500 and they want £600 now!! I have not used the card for almost a year and obviously can't pay the charges - as I can't even make the payments. All help gatefully received.

Can someone tell me where to start? MBNA have been callin me, emailing me etc and I now face court action for charges of approx £800 on a CC which I can't pay off. Limit is £3600, balance (solely charges for amount above limit) is nearer £4500 and they want £600 now!! I have not used the card for almost a year and obviously can't pay the charges - as I can't even make the payments. All help gatefully received.

Hi Tash

I see that you have been given sound advise in your own thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=12079

Follow the advise, as unless you do, you will continue to go further and further in the RED, and None of us here wish that on you ar anyone else, well apart from the banks and credit card companies XMAS bash funds

Take care, and make that call

NEW START

After MBNA kept sending automated letters etc, the last straw was the Statement, where they had not advised me of their intension of now adding interest, even thou they have said it was suspended

So now I have sent in a CCA request, and yesterday was the time up

Delivery date as confirmed on Royal mail, plus 12 days

I will be checking out further on what I can do now, But the account is now in Dispute, well will officially be in a few days time, by a letter I intend to send out to them

If they stop pushing and start acting legally, they would of got what was theirs, but due to their actions, Each creditor now is going thru the same CCA request.

Cant they learn to conform to legeslation, as they would probably get what is theirs

Maybe in a month or so, I could be almost debt free, and what a feeling that would be, esp as I cant hardly afford paying them in the first place

Lets just see, Will post my next letter to MBNA on site in the next couple of days or so

In exactly the same boat, CCA deadline Monday 13th October - Watch my space - AA99 v MBNA - and I am watching yours - Good Luck

Will be keeping an eye out on your thread AA99

Thank you Babybear for this letter from another thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133960-1st-credit-failure-produce.html#post1582886

This is what I propose to send to MBNA, as they have failed totally to send anything in relation to my request for information etc under the CCA

_________________________

MBNA Europe Bank Ltd

Customer Assistance Department

PO Box 30

Chester Business Park

Chester

CH4 9FD

Re – xxxxxxxxxxxxxxxxxxxxxxxx

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On 16th September 2008 (Letter sent Recorded delivery / Signed by MBNA on 18th September 2008, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on 3rd October 2008.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

These limits have expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

___________________________

I will be sending this by 4pm tomorrow, so if theres any alterations please advise

Hello Sophie-Jane!

Probably too late to catch you, but if it's a Credit Card, then it should be s78(6) not s77(6).

Also, the +30 Days Summary Criminal Offence is no longer applicable. That was repealed. They never did anything about it anyway, sadly.

Not that the MBNA will bother reading any of this!

Good luck in any event.

Cheers,

BRW

Hi BRW

Not too late, as I was reading it after print, I did catch that, and thus will correct it - re s78(6)

They have still not sent the info, so my question however is, Do I send this letter ammending it - taking out the 30 day and correcting it to read s78(6) ??

Thank you

Hello Sophie-Jane!

Yes, I'd send it. Keeps the pressure on from your side, and shows to anyone reading your letter writing Audit Trail that you have said what needed to be said.

It shows them to be in the wrong, and that is good.

They will ignore this, and will keep adding Interest and Charges, as that is how they behave...or misbehave as the case may be.

Stand by for Telephone Harassment, and resign yourself that they will start making Calls, and will keep sending you truck loads of silly Threat Letters.

Log and File the lot, and keep all Envelopes, as one day they may help to prove Postal Dates from Postal Barcodes etc.

If you have not already done so, send MBNA the Telephone Harassment Letter and also combine it with the No Visitors Letter. Ask here if you need any help on the wording for that.

Cheers,

BRW

I will send the amended letter, will draft it and post it on here 1st of course

There will be no Harrassment from Phone calls, they asked for them and I dont give lol

Usual letter, saying that they have no phone contact, and politely ask for my numbers - SOD OF CREDITORS - NO PHONE NUMBERS GIVEN

Re the No Visit letter, I not heard of that one yet, so where is that hiding on the huge site, Come on, I'm getting lost around here now, I see one bit of info, and then takes a week to find it again.

Typical when you go away for a while, things change, I'm getting there thou lol