Hi all, MBNA are refusing to comply with my SAR, sent back in Nov 2007 is there any way I can still claim the charges even though I don't know the amounts I have been charged? Any ideas will be most welcome as I can not see them providing this info any time in the near future. thanks Clowders

Hi All, Things with MBNA have taken a new turn. I have now received a very polite letter which arrived in a pale pink envelope!!! They have now stated that they would accept a partial settlement, which I do not really like the sound as I believe they would then chase me for the rest once they have the funds but I am happy to make a F&F settlement, but would this be viewed negatively on me if we went to court. Also they have stated that they can now accepted reduced payments if I pay £123.59 by debit card before 26th feb. - which I am also not inclinded to do since I have still not received by CCA which I requested on 25th Oct 2007. Please can someone comment on my response which is below. thanks Dear martin I ACKNOWLEDGE NO DEBT TO YOUR COMPANY Thank you for your letter dated 14th February 2008, which I duly note. I am unwilling to speak to your company over the phone as I am very disappointed in your customer ‘assistance’ team and their practices. I have stated on many occasions that I require all communication in writing which have largely gone ignored so I will repeat the request yet again that all communication is to be made in writing. This enables me to keep track of all of the financial institutions I am dealing with and keep an accurate record of all communications should this matter go to court. I am highly bewildered considering I originally wrote to you about reduced payments, back on 31st October of which you were in receipt of on the 3rd November 2007 that you are not considering this offer a possible option. I am not in a position to make a payment of £123.59 by 26th February but the offer of £56 per month is still open to you as long as all charges and interest are stopped and after I have received a copy of an executable consumer credit agreement. I would also like all interest and charges applied to my account during this period of dispute refunded in full with interest. I have no desire to discuss partial settlements but offer £2,000.00 as a full and final settlement with all adverse credit reference notices removed. If you are open to this offer please inform me at the above address. As to your statement ‘P.S If you do not contact me, MBNA may take legal action against you to obtain a county court judgement, which could result in a court appearance’ I would like to inform you that if you do proceed with such an action I will take the opportunity to ask the court why a large international company is committing a criminal offence and by not providing me with a copy of an executable consumer credit agreement, and why they are also refusing to comply with the Data Protection Act 1998 despite several requests. Yours Clowders

Hi all, can anyone help with a loan taken out in 2004 Brief history, I asked to make reduced payments on my loan but this was ignored and charges applied. So i requested a CCA & S.A.R - (Subject Access Request) on 4th November 2007 but these were ignored. Then sent sainsburys a letter stating they were breaching the CCA and i would make no further payments until I received the CCA. ALso that my SAR request has not been responded too. Then I receive the letter below. Can anyone advise on how to respond in relation to this bearing in mind its a loan. Dear Clowders, IMPORTANT -YOU SHOULD READ THIS CAREFULLY - DEFAULT NOTICE Served under section 87(1) of the Consumer Credit Act 1974. This default notice is served on you refers toa personal loan agreement numbered 123456 ad dated 16/06/2004 entered into you with sainsbury bank plc of the address below. The payments clause of the agreement provides that you must pay each instalment in full on its due date and costs, expenses and interst as therein referred to. You are in breach of that clause as arrears of monthly instalments, costs, expenses and interest amounting to £***.** are now due and outstanding. To remedy the breach, you must pay the total arrears of £***.** before the 15/2/08. IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. Futher action: We may register a default at the credit reference agencies to which we subscribe. On or after 15/02/08 we will require payment of the outstanding balance less any applicate rebate as set out below. If this results in us obtaining payment in full before the sum would have before due under the agreement, we will allow any appropriate rebate of charges. outstanding balance under agreement £****.** Less rebate allowable on future instalments £***.** Total amount to be paid £****.** IF YOU HAVE DIFFICULTY IN PAYING ANY SUM UNDER THE AGREEMENTOR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME. Yours sincerely Julie Edwards Senior Manager, Collections Has anybody got any ideas on how to respond to this and the total ignoring of all my previous communication. thanks Clowders

Thanks Steven, Will read through Act and then get a letter drafted. Thanks for the support Hopeful, Yes I'm trying to claim my charges back as this will substantially reduce the amount I owe. Initally all i wanted was the interest reduced, so I could honour my commitments then they start applying even more charges and completely ignoring my letters.

Hi Auntie, Just wondering how your getting on with Sainsburys bank, Im have asked for my loan CCA and SAR on 3rd december 2007 and have received nothing. Got a few phone calls with I've ignored but no letters or anything.... wonder what the dimwits are doing. they must have it as the loan was only taken out in 2004/. anyway good luck with your quest

Hi all, i'm after some further advice as I'm not quite sure what do to next. I sent a letter to MBNA, mainly borrowed from Alphageek basically stating that I have only received a copy of my application form (links in above post) and not the CCA. That the account was now in dispute and I will make no further payments until I receive the CCA. I also stated that they have not complied with my SAR request which was set on 26th November 2007. I have received the following letter from them and I need some help responding. Dear Clowders, Thank you for your recent letter, the contents of which have been noted. We disagree that MBNA has not sent you what you have asked for, in fact we are confident that MBNA has provided you with all the necessary information which is required by law. we have set you a true copy of your agreement containing all necessary material terms and conditions. This is what we have to send you. we would like confirm that MBNA does not regard this account balance or your obligation to repay as being in dispute, and would like to point out and clairfy that your credit agreement is valid and your abligation to repay is remains intact. We would also like to confirm whislt your account remains in arrears, your account will continue to register negaive information at the credit reference agencies. As stipulated in your terms and conditions we may, when an account falls into arrears use external collection agencies to collect the debt. In addiion, there may come a time in the future when, if you have failed to make proper repayments against the credit card, MBNA may sell/assign the debt to a third pary. We have considered the other points whch you have raised in your letter and can confirm there are no further documents we are required to provide you with, to confirm that you have entered into and owe money under a valid and enforceable credit card agreement. Please note no further correspondence will be entered into regarding this matter. yours sincerely Rachael Hopely Customer Assistance Manager

Well, I'd add them to the others and see what happens. thanks for the advice

I am just wondering whether Lloyds new charging structure of £6 per day for everday you are over your overdraft to a maximum amount can be considered excessive enabling me to attempt to claim them back as well as the older blanket one off fee.

Louis, thanks very much, i have been going around in circles

Hi all, I'm sorry to ask such a basic question, but I am trying to lodge a complaint with the OFT, Trading standards and the FSA regarding not being sent a cca, but I can't seem to speak to the right people. Can anyone post me a link or a telephone number of who I go to so I can register the complaint. thanks

Hi all, I'm trying to get a CCA and SAR out of sainsbury bank for my loan but they will not acknowledge my request sent 26th November 07. They have exceed both time limits but even when I called them they state that will not acknowledge the requests they 'try and resolve disputes' over the phone. I do not understand why the dimwits do not just provide me with the information. I only took the loan out 2 years ago so I imagine they still have it. Does any one have any ideas on how to force the issue?

Thank you for your responses so far, I am in the process of drafting a letter to send, but I can clarify two things. The prescribed terms - your credit limit, APR, how minimum payments are determined etc, should this be on the actual signed application form or in the small print pages for the CCA to be valid. Also they have £12 for charges on the small print, does anyone know when this came into effect as the application form was signed in 1998 and i thought the £12 was introduced at a later date. thank you

Hi all, Brief history, try to get MBNA to reduce interest and reclaim back charges. I've finally received my CCA from MBNA and would like to know whether it it is valid. I'm am trying to get MBNA to reduce my rate of interest due to financial difficultly. I am not trying to walk away from my debt, but they are making it very difficult for me and my family at the moment with letters and phone calls and i'm trying to gain a bit of power back. Anyway if someone could spare some time to help me with this I would appreciate it very much. CCA on links below. http://i245.photobucket.com/albums/gg48/clowders/scan0001-1.jpg http://i245.photobucket.com/albums/gg48/clowders/scan0001.jpg http://i245.photobucket.com/albums/gg48/clowders/scan0002.jpg http://i245.photobucket.com/albums/gg48/clowders/scan0003.jpg http://i245.photobucket.com/albums/gg48/clowders/scan0004.jpg http://i245.photobucket.com/albums/gg48/clowders/scan0009.jpg

I am looking to file a N1, but I do not currently have any debit/credit cards in my name. Can someone please advise whether the MCOL accepts payments from other people's debit/credit cards if they are living at the same address as you? Sorry for the basic question but the site is currently closed for maintenance, so I can't input the information to see whether they accept it.

Thanks Alphageek, letter en route to them

Hi all, Brief History: I asked MBNA to accept reduced payments as I am currently have some financial problems. I had no response but interest continually applied. So I requested my CCA from MBNA and the 12 days is up on Friday. I had also informed them to write and not to phone, which of course they have completely ignored and have continously phoned and have not wrote once. I have come home to the following letter... Your decision not to pay your arrears of £***, despite a number of reminders and offers of assistance, has forced MBNA to withdraw your credit line and inform the credit reference agency of the arrears. If you persist in non-payment, your arrears will continue to be reported to the credit reference agency, leading to a default being registered against you. This means that for the next 6 years any potential employer, car dealership or creditor who utilise the services of a crdit reference bureau will be able to see the details of this information on your credit file. A default notice may also be served on you which would allow MBNA to recorver the full balance owed through legal action, or by referral to a debt collection agency. You can still prevent any of these actions being taken by choosing the bring your account up to date. I thought that a CCA request (which has not been actioned) put the account into dispute and prevented the above. Can someone confirm this please. Also please can someone help me find a letter template to respond.

So Rory what is the next step? Do I carry on making my normal pro-rata payments? Can I challange the interest they are still adding despite my requests to freeze it?

Hi all, The MBNA fun and games have really started. I am receiving numerous calls from them and have had a letter requesting me to contact them to discuss a few points. I think not! I have ignored all phone calls and wrote a letter stating that I only wish to communicate in writing due to dealing with so many financial institutions at once and the cost of calling from mobile telephone as I currently have no house phone at the moment due to a fault. Anyway they are still charging me interest, so I am currently waiting the 12 working days but can someone please tell me is there another letter I can send if they do not response after 12 days. I opened this account between 98-00, hopefully they won't have the CCA. Although I cannot believe the posts about scanning signatures on to other CCA's especially as I signed my inital letter with my true signature. If they send me a signed CCA i will request a copy of the letter to check whether they are the same as surely no judge would believe a signature is an exact match nearly 10 years later. All other letters sent have got amended signatures and I have photocopies for the reasons listed above. So thanks everyone for the advice!

Thanks for the advice Shane. I will definately change my signature from now on although I have just sent them a letter in regard to reducing the payments and used my normal signature. Lets hope they lose the letters:) . Will send off the letters tomorrow. Is it okay to send the CCA and SAR at the same time or should I leave a cap between?

I haven't sent off a SAR but I will do and then do the CCA. Thanks for the help.

Hi all, I have an overdraft with natwest and am in the process of trying to claim back my unlawful bank charges. However, I have been informed that I could possibly try to claim back PPI. Please could someone tell me what PPI is and how to go about it. Thank you

Hi all, I need some help with MBNA. My partner and I contacted MBNA to reduce our payments and freeze interest and charges as we are struggling to meet our debts. We enclosed a chq with the lower payment, together with a list of our other debts, income and outgoings. However, MBNA have cashed the chq, but added another £200 of charges and interest and late fees (total debt £10,400). I have been an MBNA customer since 1999 and have been reading about other people sending CCA letters, but is it to late as we have effectively stated we acknowledge the debt with our first letter. If it is not too late where can I find a copy of the CCA letter and how does the process work. Thanks for your time

just because a document is provided with your signature on, doesn't mean it is an enforceable credit agreement under CCA 1974. I would need to see it to be sure. Hi, sorry to intrude on your posts, but can you please tell me whether or not the CCA applies to authorised overdrafts on a normal current account. If so, and they do not have a copy of mine, how does it work in clearing the debt. Sorry for the basic questions but am a newbie.