TONKA v MBNA MONEYCLUB

[Tonka99]

HI guys

 

Again been looking at this one and its all on one page as the other t/c are from pre 2006

in the info box i have ticked self employed , so again im hoping that this could be reclaimed as no one said "i see your self employed"as if they would

No one from their company has signed it , this was taken out in Nov 05

 

any thoughts

 

thanks to all

cheers T99

[Tonka99]

Hello all

 

This is yet another cca from our freinds they are all back EXcept the

Business one 21 days over now ,

If you look at box 3and 4 i wish to purchase PPC there is no signature

and again ive been paying this since 2006:eek: also have ticked the self employed box ,& the same name is in the top left hand corner i reckon

its the chap who did the cca,s as it seems to be on all of them

 

Does anyone know when exactly the £12.00 charges came into play

as this card was taken out in feb 06

 

http://i302.photobucket.com/albums/nn99/sexeysarms/moneyclubcca.jpg

 

Also on the statement sent with this it says Delinqent account ppc suspended

 

Any thoughts please

 

Thanks to all who have looked

 

Cheers T99

[Tonka99]

HI BRW

 

just read your reply to Steven .

 

On the back of the agreement there is a box which says

"your right to cancel"; you have a right to cancel this agreement ,

you can do this by sending or taking a WRITTEN notice of cancelation

to MBNA at bla bla . You have 28 days starting with the day after we

recieve your signed loan agreement. If you cancel this agreement you still

have to repay any money lent to you But if you repay all of it before

your 1st payment is due you will not have to pay any interest or other

charges "

Now on the front of the agreement it says you have a short time to cancel this agreement . the crediter will send you exact details of how and when you can do this .

 

 

regards t99

[Tonka99]

BRW many thanks

 

tomorrow we will cont the WAR

 

cheers T99

[Tonka99]

Hi BRW

Have just found a leaflet on PPI think its from 11.07 till 31.03.08

 

interesting reading !!!!!!!

thought you were going to bed

 

T99

[banker_rhymes_with]

Hello T99!

 

If you look at box 3and 4 i wish to purchase PPC there is no signature

 

I'd say that is a good starting point for seeking a refund of any PPI Paid, and/or a very valid reason to Dispute any Amount owed should they seek to Default you and take related action.

 

If nothing else, I think you can Dispute and/or Re-Claim the PPI. Plan when to do this, as I know they are circling around you at the moment, so you need to plan how best to tackle this given the wider picture.

 

the same name is in the top left hand corner i reckon

its the chap who did the cca,s as it seems to be on all of them

 

Yes, I spotted that too, and thought for a second that I was just looking at one of your other Agreements again! The name could well be that of the person tasked to collate your CCAs, or could be the person who is collating your Subject Access Request. But it could also happen to be the person who just happened to process several of your Documents as, despite their size, the same small group of people will tend to handle the same task. The bulk of their Staff are almost certainly in the Selling and the Threats-R-Us Departments.

 

Does anyone know when exactly the £12.00 charges came into play

as this card was taken out in feb 06

 

I think it can vary from bank to bank, but I believe the MBNA started to adopt the £12 from the latter part of 2006, could even be 2007, although they could've had several introduction times, as they handle so many Cards on behalf of other groups. I don't know if they elected to set all at £12 on the same date. However, I think it was late 2006 at the earliest before they started to drop the Penalty Charges to £12.

 

My own MBNA Card shows the first £12 Penalty charged in August 2006, but the last one (£25) before that was many Months before, so it's not necessarily a very accurate guide. I had no need for any Charges for most of 2006, so they could've introduced the £12 earlier.

 

If/when you get your S.A.R - (Subject Access Request) back, look at the Statements, and see if you can see when Penalty Charges dropped from the older levels (£25 I think), to £12. That should pin-point it reasonably accurately.

 

Also on the statement sent with this it says Delinqent account ppc suspended

 

I believe there is a clause in many PPI Policies that the cover is voided after so many missed Payments. That could be what this is saying. But if you never asked for PPI, then taking it away from you is just an issue to note in the wider claim/fight.

 

If you never asked for PPI, but they still charged it, and you later struggled to Pay that alleged Debt, then it's clear you can argue that the alleged Account only started to hit the buffers as you were short of money because they had been charging you all of this extra for PPI that you never wanted in the first place!

 

They took your money, and so deprived you of money you needed later that could've been used to keep the alleged Account in good/better standing.

 

It's an important point. Sometimes a straight refund of what they took doesn't address the issue. Paying you back ONLY what was taken that should not have been taken, doesn't help you to put that same alleged Account back into good standing. I bet they added Penalty Interest as well, i.e. miss Payments and/or be late on Payments, and I bet you'll see at least one Card Rate increase during that time. I also bet it wasn't 1-2% but a massive hike of between 7% and 10%.

 

This table may help you to spot if they raised your Rate, and by how much. Examine every statement, and see if/when the Rate changed:

 

1.3852% Monthly = 17.95% Annual

1.4566% Monthly = 18.95% Annual

1.8735% Monthly = 24.95% Annual

2.5292% Monthly = 34.95% Annual

 

Even if they Pay back the PPI, that doesn't reverse the excess Penalty Interest. You're still left with that higher Debt than would otherwise have been the case had they not taken money in the form of PPI Fees.

 

I bet the Card is sitting at a higher Rate now than it should've been had you had more money when needed to avoid that Rate Rise from being imposed.

 

If you see my point, I feel that when you ask for the PPI Refund, you must also request a reduction of the Interest Rate back to where it was before the alleged Account ran into problems. This is because it ran into problems as you had less money to maintain it, as they were taking it from you to Pay the PPI that you never requested.

 

The PPI should be refunded, any Penalty Charges should be Refunded, any Excess Interest should be Refunded (the difference between the original Card Rate and any later increased Rate), and the Card should be put back to the same position as it would've been had the PPI not been taken.

 

So, if you started with a Rate of, say, 18%, and it's now 35%, then you want all of the above back, and the Card Rate reduced back to 18%.

 

Seems only reasonable to me. Thus, make sure that any PPI Refund Claim covers all of these issues.

 

Hope this helps.

 

Cheers,

BRW

[steven4064]

*** ATTENTION ***

 

Several posts have been removed from this thread into a new thread as the discussion was hijcking Tonka's thread.

 

The new thread is http://www.consumeractiongroup.co.uk/forum/general/144099-does-matter-when-creditor.html

 

This is to explain why a certain 'flow' may have been lost

[Tonka99]

Hello all

 

udate cca still not back 23 days gone now

 

should i write and say where is it or leave well alone

 

thanks to all who have looked

 

cheers T99

[steven4064]

I would leave it until the 12 days + 1 month (+ a couple to be on the safe side)

[banker_rhymes_with]

Hello T99!

 

I'd go with Steven. It's not long now to go, and your position improves once they slide over that last +30 Day Threshold.

 

Remember to keep all banking Envelopes, as something may arrive several Days past the Deadline, with a Letter dated before the Deadline.

 

It'll be back-dated, so the Envelope may help you to prove that if it has a Dated Franking mark, or if I can work out how to read those pesky Orange Barcodes.

 

Enjoy the Weekend, looks like a blinding one on the Weather front...Sunshine at last!

 

Cheers,

BRW

[steven4064]

Enjoy the Weekend, looks like a blinding one on the Weather front...Sunshine at last!

We intend to go for a trek over part of the West Penine moors - make use of the sunshine

[steven4064]

That's jolly interesting - it's the first properly executed credit agreement I've seen from MBNA - so they do know how to do it. And PPI definitely not agreed to.

[steven4064]

Again a properly executed (and enforceable) agreement.

[Tonka99]

Thanks Steven

 

what to do now SAR going out on Monday .

 

shall i write and offer them some money

 

cheers T99

[steven4064]

or you could start a claim for repayment of PPI

[banker_rhymes_with]

Hello All!

 

or you could start a claim for repayment of PPI

 

And when the S.A.R - (Subject Access Request) comes back, maybe add a claim for the Refund of any Penalty Charges too that you can find, i.e. to go with the PPI Claim!

 

Or, if you have the Statements on File, then start going through them now and submit just the one larger combined Charges+PPI Refund Claim.

 

If nothing else, this could get the Balance down.

 

Cheers,

BRW

[Tonka99]

HI all

 

SAR gone off today Special Delivery 12.05.08

I have put all account no,s and the loan acc on it so

God knows what they will do with that lot:eek:

 

T99

[banker_rhymes_with]

Hello Steven!

 

We intend to go for a trek over part of the West Penine moors - make use of the sunshine

 

That sounds really smart, hope you had a good time.

 

Nearest thing I've got to a holiday was sat in a Deck Chair last Weekend, clutching a Tin of Abbot, watching the Sun go down!

 

But, rewarding nevertheless.

 

Cheers,

BRW

[Tonka99]

Hello all

 

Update have sent SAR including this loan to mbna

today got a letter:rolleyes:

on pink paper in a pink envelope saying" Imminent Court Action

you are hereby notified that MBNA is preparing to take you to court

over the nonpayment of your personal loan

You are required by law to accept the courts decision in relation to any case brought against you, if your circumstances have recently changed

or may improve, it is essential that you call us immediatly so that possible

legal action can be stopped.

LAST CHANCE "

 

Well this letter is dated 9th May it arrived today by 1st class post

 

on the other side of this there are seven steps

(1) you may not be dealing with mbna as we may sell your debt

(2) we will not be able to offer you any more deals solutions help

or advice or time.

(3)your credit worthiness will be shot

(4) if we obtain a CCJ you may be forced to sell any property

(5) your creditors may petion for your bankrupty

(6) ccj wwe will tell your employer to take from your wages

(7) if we obtain a ccj baillifs may be paying you a visit to seize

your goods they will add fees to your overall debt.

 

Over the page it tells you that 72mths or 312 weeks 6 years without

credit just think how you will manage call us now .

 

any thoughts

 

regards T99

[steven4064]

I refer you back to post #31.

 

Alternatively, you could start a claim for the charges and PPI - the power of the charges claim is that the only way they can defend is to reveal their costs and there is no way they will do that.

 

I can't remember - how much is their claim and how much would a claim for charges and PPI be?

[Tonka99]

Hello all

 

Update had a letter today regarding moneyclub aol & robinsons c/c

Unless you call to make payment arrangements, at least one of your

MBNA accounts or those issued by mbna on behalf of our affinity partners will soon be written-off as a bad debt. this will not release you from your obligation to repay your total debt of £000000000.0 as listed below.

Now on this months statements the min payments are well out of reach:eek:

however they seem to have lowered them to well under the monthly

min what are they up to

 

They have not issued any defults yet

on the bottem of the letter it says

"we are prepared to work with you but we need to hear from you"

 

date on letter 9th may got it today 1st class

 

maybe cos ive sent the Sar

 

advice please

 

 

cheers T99

[banker_rhymes_with]

Hello T99!

 

Well this letter is dated 9th May it arrived today by 1st class post

 

Keep the Envelope, as it may help to show how they do like to Back-Date Letters and/or can't get their act together to Post such things in reasonable time!

 

on the other side of this there are seven steps

(1) you may not be dealing with mbna as we may sell your debt

(2) we will not be able to offer you any more deals solutions help

or advice or time. Thank F for that!

(3)your credit worthiness will be shot

(4) if we obtain a CCJ you may be forced to sell any property

(5) your creditors may petion for your bankrupty

(6) ccj wwe will tell your employer to take from your wages

(7) if we obtain a ccj baillifs may be paying you a visit to seize

your goods they will add fees to your overall debt.

 

The bits above in MBNA Pink Pig Colour are to show that it's really a lot of Ifs and smelly MBNA Butts!

 

The bits in Purple are less polite, and are boardering on Threats, no, they are Threats, but not Legal ones. I think those fly in the face of OFT Debt Collection Guidelines.

 

Over the page it tells you that 72mths or 312 weeks 6 years without credit just think how you will manage call us now

 

Without their help, I would think you will manage a damned sight better!

 

As Steven says, maybe just sit back on this one and wait for them to take you to Court. Apart from the Penalty Charges, you also have the issue of Signature Dates and Cancellation Notices that could also stuff them as well.

 

If you've been following the Signature Thread below:

 

Does it matter when the creditor signs an agreement and do they have to send a copy to the debtor?

 

Davefirewalker has popped in to say something interesting for you!

 

Cheers,

BRW

[Tonka99]

Hello Steven

 

when you say how much is their claim im not sure do you mean

how much do I owe them if so five grand ish however have not had

anything back from SAR as yet as it only went on Mon

the loan was for 39months of which i paid 27 mths .

the PPI was i belive a one off payment at the start of the loan ,

dont have the agrrement so cant tell you anymore soz

[banker_rhymes_with]

Hello T99!

 

date on letter 9th may got it today 1st class

 

As with the other Letter in the other Thread, keep the Envelope, as it may show when they did Post it, and/or will show what Inefficient T*ssers they are.

 

The rest sounds like a bit of hot air, but if they are going to Sell, that may be a good thing. Next will be a DCA, and you can then start on them with a CCA Request and also say in Dispute etc, so should not have been Sold.

 

The CCA Request is not really needed, but it has to be worth £1 to put them onto their back foot the moment they appear.

 

I will have to go off for my Beauty Sleep now! Wife says that is still not working!

 

Cheers,

BRW

[Tonka99]

Hi BRW

 

Thanks for that burst of energy .well not sure about them one day

they are nearly nice the next they are going to execute me:eek:

think i will sleep on this and come back tomorrow probably still not

knowing what to do for the best .

 

see the other letter today on AOL now that one has a iffy cca

 

cheers Steven and BRW

T99