MBNA Credit Card

[Red79]

Hi BRW

 

Thanks for all the info and advice

I certainly don't want any of my family members being harrassed but they have already sent a lot of letters to my parents house and called them. At one stage they were texting my mothers mobile phone.

My mother is unwell at the moment and has been for a while.

When I spoke to MBNA yesterday I gave them my number here and my address here and asked for them to stop calling my parents.

It would be better albeit more time consuming for them to send mail to me here but I am not sure if they will do that.

They said they would sent the forms for the budget to me here but what about all the other letters saying if I don't pay they will take further action.

Giving them a soliciters address is a good idea but again would be better if that address were here in SA.

 

As for the payment protection, I have been paying it and will pay it this month but from then it is cancelled as it is of no use to me.

The last time I actually used my credit card was last July, so nearly a year. The late fees and interest and overdrawn fees have added hugely

 

Am I right in thinking I can claim back late fees and over limit fees but not interest?

Also can you claim back these charges from the entire time I have had the card?

 

Thanks for all the help:)

 

I should add I have made effort to make payments as and when I could and the account hasn't just been left with no payments made to it since last July

[banker_rhymes_with]

Hello Red79!

 

I can see that you have already experienced what they can do, and getting them to stop bothering your Parents is not going to be a simple issue of just asking them to stop.

 

They are not that organised, so the Harassment Machine tends to trundle on for quite a while before even they can work out how to stop it.

 

My mother is unwell at the moment and has been for a while.

 

Know that feeling, so I am sorry to hear that. Hope she improves.

 

They said they would sent the forms for the budget to me here but what about all the other letters saying if I don't pay they will take further action.

Giving them a soliciters address is a good idea but again would be better if that address were here in SA.

 

That may be workable, i.e. give them a full set of Contact details for you in SA! Say you would be more than happy for them to Call or Write, and make sure you take their Calls and Respond to any Letters. That will Cost them, so I suspect they won't Hassle you that much because of this!

 

It might just work to get them off your Parents' back.

 

As for the payment protection, I have been paying it and will pay it this month but from then it is cancelled as it is of no use to me.

The last time I actually used my credit card was last July, so nearly a year.

 

If you didn't need it, and it's of no use to you, then I would say you have the starting points for a Refund Claim on the basis that it was mis-sold to you.

 

The late fees and interest and overdrawn fees have added hugely

 

I bet they have, and if they Ramp your Interest Rate up as well, the effect of this will amplify. What you think you owe now will get a lot bigger by the time you can start to Pay it off.

 

Am I right in thinking I can claim back late fees and over limit fees but not interest?

 

You should be able to Claim the Penalty Fees, and may have a case to reclaim some of the Interest if it was Penalty Interest. Say, if the Card started off at 18%, and after they added Penalties, you struggled, so they helped you out in their special way by Ramping your Rate to 24.9%!

 

I'd argue that had they not added Penalty Charges, you would not have struggled, so they should not have had the excuse to Ramp up Rates. I would ask for a Refund of the Interest difference between the Original Rate (18% say) and any Penalty Rate (say 24.9%).

 

Also can you claim back these charges from the entire time I have had the card?

 

In the United Kingdom, yes. If they were illegal Penalties, you can go back a long way, often past the so called 6 Year Time Limit they try to hide behind. Not sure how that would apply if ROI Laws apply, but I'd think it would be similar.

 

Key points are to get them away from your Parents, establish regular Contact via SA, and then you must go for their throat on Penalty Charges, Penalty Interest and mis-Sold PPI.

 

My advice is to get that alleged Debt down to its true Balance, i.e. get the above Charges and PPI Refunded. Then Pay it off from there if they can Enforce the alleged Debt.

 

Another Tactic is to first establish if they can Enforce the Debt, then negotiate from there.

 

Reason for that is you can't really ask for Charges back on a Debt that you are also trying to say cannot be Enforced.

 

However you tackle this, I think you can see that you need to work out exactly where you stand in terms of the alleged Agreement, and on the true level of the alleged Debt.

 

Don't let them chase you for an amount larger than needed, and don't let them inflate that alleged Debt to an even higher level. If they Ramp your Rates to 34.9% as they seem to like doing in these situations, the alleged Debt will sky rocket.

 

Check your Statements, and watch out for any Interest Rate changes, either recently or in the near fuure.

 

Hope this is of some help.

 

Cheers,

BRW

[Red79]

Thanks again BRW for all the helpful advice.

I'm trying to find out what the story is in Ireland.

Firstly I want to request statements for the time I have had the card.

I emailed the helpdesk at the link posted earlier for Irish Statute Book seeking advice on the procedure in Ireland and the cost but all I got back in reply was what seemed like some sort of autmated response to be honest saying the service doesn't cover the type of query I had:-|

 

I have been looking around on the net for someone I can contact who can advise me on this.

Could I ask MBNA directly about getting the statements and how much it is with SAR letter or would they just fob me off with lies?

 

I also want to get a copy of the original agreement and terms and conditions that were stated when I took the card with them.

 

Like I said BRW I have provided them with contact details for me here now.

Am I being foolish in thinking they will now just stop harrassing my parents:confused:

[banker_rhymes_with]

Hello Red79!

 

I regret I know little about how things may differ over in Ireland, but the question may be, do the MBNA know!

 

It could be worth you sending them a S.A.R - (Subject Access Request) and £10 anyway, and the chances are they would comply and send you what you needed. The fact that a S.A.R - (Subject Access Request) may not apply in Ireland, may not matter. I don't know if the Data Protection Act 1998 has any bearing in Ireland, i.e. the Act that covers the SAR.

 

Am I being foolish in thinking they will now just stop harrassing my parents

 

No, you are not being foolish at all, anyone reasonable would hope and think they would see sense and leave your Parents well alone.

 

Sadly, the MBNA does not do Reasonable. So it's anyone's guess if they will or will not desist.

 

I wish that last part could've been better news.

 

Cheers,

BRW

[Red79]

Bingo.....BRW

I have finally managed to find the information I was looking for on the site Home - Data Protection Commissioner - Ireland (for any other Irish users:))

 

It states

 

Under section 4 of the Data Protection Acts, 1988 and 2003, you have a right to obtain a copy, clearly explained, of any information relating to you kept on computer or in a structured manual filing system, by any person or organisation. All you need to do is write to the organisation or individual concerned and ask for it.

Your request could read as follows:

Dear ...

I wish to make an access request under the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, on computer or in manual form. I am making this request under section 4 of the Data Protection Acts.

 

You should also include any additional details that may be necessary to enable the organisation to locate your record; e.g. customer account number, staff number, or PPS number (if you are writing to a public-sector organisation). When requesting some types of record, such as credit records or Garda records, it may also be useful to provide a list of previous addresses, previous names, and date of birth. You may be asked to pay a fee, but this cannot exceed €6.35.

Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days, although most organisations manage to reply much sooner.

 

What if an organisation refuses to respond to my access request?

If a person or organisation does not comply with an access request which you have made, it is open to you to make a complaint to the Data Protection Commissioner. The Commissioner will investigate the matter for you and ensure that your rights are fully upheld. The Commissioner has wide powers to investigate complaints made to him and will take appropriate action against any persons or organisation who is not complying with the provisions of the Acts.

[banker_rhymes_with]

Hello Red79!

 

Bargain!

 

That's the fella. I didn't think the Laws over there and in the UK would be that far apart.

 

OK, that's the start of your Campaign to take charge of them, and get to the bottom of the issue.

 

Next time you are on the Web, why not also investigate the Harassment Laws too?

 

You might also come up with something that could halt any further attempt by the MBNA to Harass your Parents.

 

Looks like things are just starting to work back into your favour.

 

Excellent.

 

Cheers,

BRW

[Red79]

Thanks so much BRW......You have been very helpful indeed:)

Hopefully this will be the start of something good and MBNA can put up with some harassment now....see how they like it:D

[Red79]

Another question........Is it only if MBNA fail to respond to my request that the account is in dispute?

Or is it if they fail to give me the original agreement with terms and conditions?

[banker_rhymes_with]

Hello Red79!

 

Another question........Is it only if MBNA fail to respond to my request that the account is in dispute?

Or is it if they fail to give me the original agreement with terms and conditions?

 

Well, assuming it all works about the same in Ireland as the United Kingdom, the act of requesting the Agreement is effectively putting the alleged Account into Dispute, but it gets more interesting if/when they fail to produce a True Copy of your Properly Executed Agreement within the 12 Working Days. Allow a little for Postage!

 

After that, if no show, then in the UK the alleged Agreement is clearly in Dispute, as they have Defaulted on your Legal Request. The alleged Debt still exists (well, the valid part of it that is), but as they have failed to produce the Agreement that allows them to Enforce the Debt, many of the issues that bind you to the Debt and give them other Authority such as Data handling, go out of the Window for as long as they can't find the alleged Agreement.

 

Thus, it's all related. If they don't respond, that's the same as them responding and failing to send you anything. The Key is to make sure they receive your Request and Sign for the Delivery. Perhaps send that to your Father, and get him to send it via Recorded Delivery on your behalf (without giving away he sent it). Just use some Tracked or Proof of Delivery mailing system.

 

If they do send you an Enforceable Agreement, then at least you know where you stand, and can move on to a Refund Claim for Penalty Charges and mis-Sold PPI.

 

It's amazing how many people pitch up on CAG in dire straights, then find the position they thought they were in, was nowhere near as clear cut as these bankers were trying to make you believe.

 

These bankers need people to have Faith, they need people to believe all Debt is honest (and you owe all of it), to believe in a superior entity called a bank, and to believe in a superior being called a banker.

 

Thankfully, more and more people are waking up to the fact that it's all just a fairy story.

 

Stay polite and stay clinical with them, and you'll steadily nibble away at them until you reveal the true position.

 

Good luck with it all.

 

Cheers,

BRW

[Red79]

Hi BRW

 

It has been encouraging reading the stories on here.

There are countless threads of peoples encounters with MBNA that begin with desperation and then end up not being quite as bad as first seemed.

I just wish I had known about this site before now and not buried my head in the sand for so long.

But as always hindsight is a great thing.

Can't think of the past though, have to deal with the present and go ahead;)

[Red79]

Hello all

 

I have received a Income and Asset Expenditure form from MBNA here in South Africa. Have filled it in and am posting it off today. Have made an offer of token payments.

If they accept the offer can I still send the SAR letter to claim back chaqrges??

Thanks:)

[banker_rhymes_with]

Hello Red79!

 

I'd hold off sending them anything like that, until they show you your Agreement.

 

Has that arrived yet?

 

Cheers,

BRW

[Red79]

Hi BRW

 

They haven't shown me my agreement yet!

If I send back the budget form offering token payments does that then prevent me from asking for the agreement or making any claims?

[banker_rhymes_with]

Hello Red79!

 

They haven't shown me my agreement yet!

 

Then I'd say you shouldn't show them any Money yet!

 

I wouldn't send them any Income/Expense details either, as that's jumping the gun if they haven't been decent enough to produce the Agreement that allows them to extract Money from you.

 

That being the same Agreement they felt allowed them to subject your Parents to a good Dose of Telephone Harassment!

 

Cheers,

BRW