TONKA v MBNA MONEYCLUB

[Tonka99]

HI am sending cca letter N from templates to

 

Customer Assistance Dept

Business Lending

MBNA Europe Bank Ltd

Chester Business Park

Wrexham Road

CH4 9FB

 

(1) Is this the right address

(2) Is a CCA correct or is it a SAR i need .

any advice please .

 

cheers Px

[steven4064]

Hi M1

Is a CCA correct or is it a S.A.R - (Subject Access Request) i need

That depends on what information you are after. If you want to reclaim unlawful penalty charges, then it is a S.A.R - (Subject Access Request) you want. If you are trying to reclaim PPI or something else related to your credit agreement or you are being harassed for repaymnet, then it is a CCA request you want.

[Tonka99]

hi and thanks for the info thought it was but needed to be 100% sure

 

cheers M1

[steven4064]

You can always send both if you need to - SAR costs £10 and CCA £1.

[Tonka99]

cheers can i send both together job lot or will that confuse them

 

M1

[steven4064]

I would send them seperately since they go to different departments within MBNA.

[Tonka99]

ok many thanks , i have a loan with them and maybe four credit cards , will the SAR cover all of them , or do i need one for each

 

cheers M1

[steven4064]

The S.A.R - (Subject Access Request) is for data they hold on you rather than any particular account. However, it would be wise to mention all the account numbers so you get everything. Make sure you ask for everything not just statements.

 

On the other hand, the CCA request is account-specific so you will need to send one per agreement you are interested in.

[Tonka99]

thanks for that its as i thought will sort it out going to bed now

 

cheers M1

[Tonka99]

hi update 08 04 08 have today sent of seven CCA,s three for MBNA

1 loan

2 credit cards

sent them special delivery with the 7 P/O cost me over £40.00

have keep all the recipts

 

many thanks to all who are helping me.

 

cheers M1

[Tonka99]

Hi all another update have had six letters today from seven of the CCA requsts sent .

MBNA have said they have a great offer for me ! before the debt is passed to our DEO and then sold on to external agents, we understand you are having financial difficultes and are able to offer you reduced payments down to £xxx . IF YOU CALL THIS NUMBER so we can look at stopping your fees and interest and putting you on a reduced payment plan.

if you are unable to do the above then a Default

 

has anyone else had this letter and what do i do next please

 

cheers m1

[Tonka99]

hi all have recived a reply from MBNA 24 hours after sending off by speical delivery three CCA requsts !!!!!!!!!

 

Letter reads ;

Your account is continuing to fall further into arrears. we need you to take ownership and call us to discuss this matter, and help you to repay the money you have spent.

for your peace of mind and to fulfil your duty of repaying the money that you have already spent, we trust you will call us today on xxxxxxxxx

 

we can look to help you by reducing your monthly payment or potentially

by suppressing or REFUNDING SOME of the fees that YOU have incurred.

In the meantime you need to maintain your acc and make a payment of ££££££££ no later than 17 th april

this is your final chance to co-operate before we insist that you disclose your personal assets and income.;

 

has anyone else had this letter and what do i do now HELP PLEASE

[maroondevo52]

Hi, M1 PLG.

 

They have to comply with your CCA request, I'd just ignore and wait.

 

 

 

 

Regards.

 

Scott.

[Tonka99]

HI thanks, is this normal for them to reply with this kind of letter ? i sent 7 cca,s off and six of them have come back with a letter of some discription

Lloyds have sent a DEFAULT

Mercers have sent a nasty we are sending a local Debt colletor sent cca to Barclays did i do wrong there ?

will be starting new threads for these others .

good old Cap 1 havent sent anything.

 

thanks again

M1

[maroondevo52]

They know the Clock is Ticking They start to panic, and try any get as much cash out of you as possible.

 

 

 

Regards.

 

Scott.

[banker_rhymes_with]

Hello M1!

 

If any of these bankers start to bombard you with Telephone Calls, then send them the Telephone Harassment Letter as well, a Copy to every one of them would not do any harm. That can be found here...

 

Telephone Harassment Letter

 

They'll probably Call you anyway but, if it gets silly, sending that means you are building a Case that may one Day allow you to ask them for Compensation for Harassing you.

 

It's part of your Defence Against the Black Arts. Then when the Phone Rings and it's Threats-R-Us, you can think of it more as a Cash Register Ker-Ching noise meaning more Money in the Piggy Bank one day!

 

When they Call, either Ignore them or, if you can, Record the Calls. If you do not want to speak to them, but do not have a Phone that shows you who is Calling, then just answer all Calls by saying "Who is Calling Please". You ask them all the questions, never give anything to them. Don't answer any Security Questions, and once you know who was Calling, hang up. You only need to know for your Call Log after all. Don't be tricked by anyone Calling until you know who they are for certain.

 

Also, do not Call them, ever. They will only try to bully or try to smooth talk you into some arrangement that suits them. No matter how nice or reasonable they sound, nothing they do will be for your benefit.

 

Get a File for every one of them, and also draw up a Calendar so that you can see what was sent when, and which one should respond by what Date.

 

Remember that the s77-79 Consumer Credit Act 1974 (CCA-74) Agreement Copy request deadline is 12 Working Days (Mon-Fri Count, Sat/Sun and Bank Holidays don't Count), and then a Calendar Month (approx 30 normal Days, not Working Days).

 

The Subject Access Request (S.A.R.) Deadline is 40 Calendar Days. That one is just to get as much bumf from them as you can. Check all of the various SAR Letters, as you may want to make sure you get absolutely everything from them, or you may want some to just go through the motions. No point asking them to dig deep only to come up with something against you! It all depends on your own Strategy and situation.

 

It's often not a bad idea to NOT mention Deadlines. Don't help them to do their job. Let them blow the Deadlines, as that's always better for you than helping them via reminder. However, the CCA Request 12 Working Day Deadline is important, as that one allows you to Stop Paying them if no Agreement is produced. No Agreement means the alleged Account is firmly in Dispute

 

The Letter from MBNA is just hot air at the moment. Keep things in Writing from now on, and watch the Deadlines.

 

Stay polite, keep your Letters clinical and tidy so that a Judge can see you have not been rude at any stage. Just an honest person trying to see what Agreements you are bound to.

 

If they knee-jerk straight into threats, it may be a good sign that they know they have no Agreement. The nastier they get the earlier, the more likely they know time is running out to extract money from you.

 

However, if an Agreement does arrive that is Enforceable, then you need to look at things like Penalty Charges and if any have PPI on them that was mis-sold.

 

Start planning on what to do if they have or don't have an Agreement. Many do, so don't assume all have lost their Paperwork (or never had it in the first place)!

 

Good luck, stay organised, and stay happy.

 

Cheers,

BRW

[dpick]

Hi MBNA will if possible ignore any letter you send them, They did comply with my CCA request but with an unenforceable agreement. I had to start court proceedings with my full S.A.R - (Subject Access Request) they acknowledged and said they would defend in full, then sent all data they held in my name. I had again to start court proceedings when they just kept acknowledging any letter I sent but never actually responded to the claim for charges, interest applied to charges and declare agreement unenforceable letters. MBNA finally settled out of court on my claim.

 

It can be done but you will have to fight them. See my thread

 

http://www.consumeractiongroup.co.uk/forum/mbna/69982-dpick-mbna-capital-one.html

 

all the best dpick

[SteveH2508]

hi all have recived a reply from MBNA 24 hours after sending off by speical delivery three CCA requsts !!!!!!!!!

 

Letter reads ;

Your account is continuing to fall further into arrears. we need you to take ownership and call us to discuss this matter, and help you to repay the money you have spent.

for your peace of mind and to fulfil your duty of repaying the money that you have already spent, we trust you will call us today on xxxxxxxxx

 

we can look to help you by reducing your monthly payment or potentially

by suppressing or REFUNDING SOME of the fees that YOU have incurred.

In the meantime you need to maintain your acc and make a payment of ££££££££ no later than 17 th april

this is your final chance to co-operate before we insist that you disclose your personal assets and income.;

 

has anyone else had this letter and what do i do now HELP PLEASE

 

That is just their threat-o-matic machine spewing out garbage as per usual. you will probably get cr*p with pink pigs sent in orange envelopes and postcards of trees as well. (No, you are not drunk - it really is so!)

 

Just sit and wait for their attempt at a CCA and then post it up here. CAG has seen just about all of the garbage they try to pass off as a legally enforceable agreement.

 

DO NOT PHONE THEM.

[Tonka99]

hi very many thanks for all your valued advice , have just read dpicks thread taken me a long time ! will be updating as things happen or not !

will also be starting new threads re cap 1 Lloyds tsb barclaycard

keep watching will need some hand holding im sure again many thanks

 

cheers M1

[Tonka99]

Hi update today recived another letter from our freinds at MBNA

 

we have today withdrawn your credit line and have informed the credit ref agency of the arrears , if you continue with nonpayment then we will continue to report to credit ref ag leading to a default.

I have been with CAB since early Jan 08 and in a letter received yesterday

they acknowledged this and asked for more money.

 

all the letters are from differant Head of Customer Assistance.

 

will keep u all posted

many thanks for your help

 

cheers M1

[Tonka99]

Hi BRW many thanks for the post good advice , i have another thread which is for three card all from MBNA they have been at me now for

three months phone calls sometimes 12/14 a day havent spoken to any one yet it is however really embarrassing when my staff have asked what

do they wont why do they keep calling !!!!

this is what has happened we me and mine have a business and to keep

it afloat have over the years relyed on cc to help , after Xmas i could not

cope with having to pay them all and went to the CAB who i have to say

were very helpful and non judgemental,they wrote to all of the cc companys explained the situation and we did a cost sheet and then

submitted it to them all DMP they are all aware of the situation since i

have sent of CCA to most of them letters have been flying in phone calls

ect and not to mention Defaults.

was not aware that we have are rights until got onto this excellant site

the help and advice is so comforting .

 

keep up the good work

 

love and light

 

cheers M1

[banker_rhymes_with]

Hello M1!

 

Similar sort of volumes to me. I have sent them the Telephone Harassment Letter, and have been logging Calls and Messages now for a while.

 

I never answer any Calls unless I know and like who is Calling, and will never answer Calls if the CLI is hidden.

 

When ever I have cause to write to them, they also get reminded about the Telephone Harassment, just so that it is always mentioned and I have a long Audit of my Complaints, and all in Writing.

 

I will also complain to the I.C.O. (Information Commissioners Office), and may well get the Police involved as well.

 

The key is to send them the main Harassment Letter, and keep reminding them of this at every opportunity. One day, you can stuff them with this, and/or get some Compensation.

 

When you receive any Letters from bankers, keep the Envelope, and look for any Franking or Postage Date marks, as I am sure they back-date Letters to try and sneak under the Deadlines.

 

When the Agreements start coming in, see if you can post them on CAG to let people check them out for you. Many eyes see the errors that one set of eyes may miss!

 

Good luck with your battle.

 

Cheers,

BRW

[banker_rhymes_with]

Hello M1!

 

MBNA have loads of "Heads", but just the one very overworked Brain Cell.

 

Cheers,

BRW

[Tonka99]

Hi BRW thanks for your advice ,have another letter today from our dear freinds MBNA Business dated 10.04.08.

as your account is in arrears, failure to bring it up to date may also result in the eventual termination of the aggreement and reg of a default at the

CRA well theres a suprise

 

futher on it says the restriction does not have to be permanent !!!!!!!!!!

 

have also had letters today from Cap1 Lloyds & Tescos

will have to start new threads watch out for the Barclays im hoping to get that up tonight as they have now got Mercers involved

 

by the way love your humour

 

cheers M1

[Tonka99]

Hi BRW have just been reading all your threads well i think ive read them all,any CCAs back yet ?

 

Cheers M1