MBNA won't accept written correspondence only...

[lexis200]

OK

 

I've had a little think and I'm going to wait until the 20th to see if the S.A.R - (Subject Access Request) turns up (ooh look, a little flying pig..)

 

If it does that's great and I know exactly where I stand. If it doesn't I know I'm not getting any extra info any time soon so it doesn't matter if I complain now.

 

In the meantime though I've drafted a love letter to my friend Martin in order to keep them away for a minute. If anyone can have a look please let me know if it's ok. I'm a bit iffy on the para starting 'with regards to your first letter' and the para after it - I don't know if what I'm stating is correct as I'm a bit hazy on that area, and I don't want to wade in with a load of rubbish that they can use to decide I have no idea what's going on!

 

Thanks in advance for your opinions!

 

Thank you for your letter dated 8th October, sent by 2nd Class post, received by me on the 14th October and requiring a response by the 20th. I am sure this is simply a mistake on your part and is in no way intended to panic me by giving me very little time to reply, but I suggest in future that if you are going to send correspondence requiring a prompt response that you pay the extra and send it First Class, just as I have always had the courtesy to do for you.

 

I note that despite my formal complaint of the 16th September, I have not had the courtesy of any reply from you; not even the acknowledgement that should have been with me within five working days (according to your own complaints leaflet).

 

Please be aware I am now escalating this complaint and am in the process of writing to the Financial Ombudsman’s Service regarding MBNA’s apparent refusal to reply to my formal complaint, and the points raised within it.

 

I also note that to date I have not had a reply from either of your other ‘Heads’ of Customer Assistance, or Vice President Gail Powell, despite letters being sent to them in mid September.

 

With regards to your letter; firstly you may not take any action whilst this account in dispute, which it now is, due to your lack of a response to my formal complaint.

 

Secondly, I refer to your statement ‘we most certainly do not want to have to apply to the Court for a Judgment…However, you are leaving us with no choice if you are not willing to make a level of monthly payments acceptable to us’. I am interested to know where you would find a Judge who would force me to make payments that are acceptable to you, a multi-billion pound bank, as opposed to payments that I, your customer, can actually afford. I would also like to know how you would explain your actions of simply telling me my payment offer isn’t good enough (and continuing to harass me for more payments), when you are fully aware I can not pay any more than I am?

 

I will take this opportunity to remind you that I am currently waiting for documents following my Subject Access Request. The 40 days time limit expires on the 20th October, so I look forward to receiving my information on or prior to that date.

 

Lastly, as Gail Powell has failed to forward them to me as I requested in my letter to her a month ago, I will now ask you for my original Terms and Conditions (as originally formally requested at the beginning of August under section 78 of the Consumer Credit Act 1974). I was sent a set of current terms under this request, which does not comply with the Act, and I require the original terms (as referred to in the Application you sent me) within 7 days. If I do not have these terms by the 22nd October I will be lodging a complaint with Trading Standards.

 

 

[lexis200]

Two more questions....

 

1- Can you put in more than one Formal Complaint at a time to the company (I've been dealing with a few people there, all of whom need a kick up the bum).

 

2- If so, can you complain to the FOS about more than one ongoing complaint?

 

I think I'm done with questions for now.

 

Cheers all

 

Lexis:)

[Hopeful1]

Woah mrs! Let's take this one step at a time.

 

With regards to the S.A.R you do need to wait until the 20th at least. All my hub's info came albeit a little late.

 

When you make your complaints, try to keep them factual as opposed to emotional. When i write letters i also think what would a 3rd party ie FOS think if they read them. I want them to think i have been clear but polite and am basically an angel who's not making gut reactions.

 

You could write something along the lines of thank you for your letter dated blah which was received by me on blah. However, in accordance with OFT Debt Collection Guidelines further action should not be taken on the account whilst it is dispute.

 

I have previously made a formal complaint which allowed until the date for a response. I am disappointed that this deadline has not been met. I will allow a further 7 days. If a response is not received by then i will have no choice but to escalate this complaint further to the FOS.

 

This is very rough and just a skeleton. I wouldn't mention the S.A.R as that will be a seperate issue. They know you've requested it, they know the deadlines.

 

As i said, keep it simple. We don't want to make this complicated for them

[lexis200]

Thanks Hopeful - just really peed off with them now and getting ahead of myself.

 

I did a bit of checking around after drafting the above, and found out that I should leave them 8 weeks to respond to a formal complaint before escalating anyway, so I'd have to hold of on the FOS for a minute as they still have a bit of time (working to that scale).

 

The bits regarding no responses from any member of staff, not sending the correct info etc were bits I added in order to show I'd given them every opportunity to reply, but I'll have a bit of a re-think before re-drafting.

 

For the time being though - at least until their 8 weeks is up, I'll use your suggestion and make it short and (not so) sweet.

 

Lexis

[Hopeful1]

Thanks Hopeful - just really peed off with them now and getting ahead of myself.

 

I did a bit of checking around after drafting the above, and found out that I should leave them 8 weeks to respond to a formal complaint before escalating anyway, so I'd have to hold of on the FOS for a minute as they still have a bit of time (working to that scale).

 

The bits regarding no responses from any member of staff, not sending the correct info etc were bits I added in order to show I'd given them every opportunity to reply, but I'll have a bit of a re-think before re-drafting.

 

For the time being though - at least until their 8 weeks is up, I'll use your suggestion and make it short and (not so) sweet.

 

Lexis

 

They are frustrating. I'm very stubborn though and don't like to let people know they are getting to me. At the end of the day they have no care for our lives, we're just an account number.

 

Thank you for the click, hun. I can only share ways i have / am handling my numerous debts! Am orff again, little one had me up at 4 and he never went back to sleep - it's been a long day

[lexis200]

Thank you for your letter dated 8th October, sent by 2nd Class post, received by me on the 14th October.

 

I am disappointed to note that despite my formal complaint of the 16th September, I have not had the courtesy of any reply from you; including the acknowledgement that should have been with me within five working days (according to your own complaints leaflet).

 

Whilst waiting for a reply to my complaint, you have seen fit to inform me you may take further action regarding my account. I would remind you that in accordance with OFT Debt Collection Guidelines, this should not be done whilst my account is in dispute.

 

Please note my formal complaint gave you until the 30th September to reply. I am willing to give a further 7 days for you to respond in order that this may be resolved without the need for regulatory intervention. However, if I do not hear from you by 24th October, I will have no option but to escalate my complaint to the Financial Ombudsman’s Service.

 

Lastly, I requested a copy of my original credit agreement in early August under section 78 of the Consumer Credit Act 1974. I am yet to receive the original terms that accompanied the application, which as you will be aware are required under the Act. I noted this in a letter to Gail Powell, Vice President last month, and requested them to be forwarded. To date I have not received them. Please ensure these are sent to me as soon as possible, as until I receive them my request has not been complied with.

 

I look forward to your written response.

 

 

Any better Hopeful?

 

 

Lexis:)

[Hopeful1]

Woo-ooo someone's been busy

 

That looks fine to me

[lexis200]

Busy and a little more objective;)

 

I'll be getting that out tomorrow then. I should think it will put a stop to everything, as they are so very good at listening. >

 

Thanks for your input!

 

Lexis:)

[AA99]

Nice Lexis!!!!!!! Will definitely copy that one, good on you !

[lexis200]

Woohoo, I'm double blobbied!!!

 

Thanks Hopeful:D:D:D

[angel_1]

hiya lexis

 

well done on that letter, im in a middle of mine to respond to them but got work in the morning so will put the final draft on my all/leic thread tomorrow pm and see what you all think, just a bit down this week with other stuff but will bounce back im sure

 

anyway keep your spirits up take care ciao for now maz

[lexis200]

Hey maz:)

 

Thanks - I can't really take credit as I just fleshed out Hopeful1's idea, but all the same.

 

I've been on a downer recently too with tons of things happening, but coming on here at least keeps my mind off one set of nasty things:rolleyes: I'm sure you'll feel better soon. If not I'll have to send you some truffles as a pick-me-up (I can't guarantee results like BRW would probably have, but they're pretty good, even if I do say so myself:D)

 

We're off for the weekend with some friends tomorrow (first 'holiday' in 3 years - and we're not taking the kids;)), so I may not be around 'till Monday. Can I trust you to behave until then? - I haven't forgotten the last time I left you alone on my thread:D:p

 

Tarra for now

 

Lexis:)

[angel_1]

thank you lexis - appreciate it

 

hahahah you have a good time, i know this pc does so have a mind of its own - honest Your Honour,,,,lol

 

ive half done my letter do you have time if i post it on my all leics thread to see what you think of it,,,? if not no worries

 

ciao for now maz

[lexis200]

No worries, I'm likely to be bumbling around on the computer for a good while as we're trying to get a website up and running by morning, so I'll have a look-see while I'm about.

 

See you elsewhere I expect...

 

Lexis:)

[angel_1]

okokie,,,,

me too, was going to bed at 11....that s a laugh,,,okay over to my thread nowwwwwwwwwwwwwwwwwwwwwwww whizzing over llllllllll

 

cya in a bit maz

[Hopeful1]

Woohoo, I'm double blobbied!!!

 

Thanks Hopeful:D:D:D

 

You're welcome! Enjoy your break double blobbie

[lexis200]

Hello:D:D:D

 

Back from a lovely weekend to....no SAR!

 

Should I wait a few more days (it was due yesterday) or do I need to send a reminder? I don't know how it works with the SAR - with CCA I give them a week/10 days longer than they should have then tell them I need to see something:confused:

[lexis200]

Nuts.

 

I've just realised I messed up the dates for the SAR. I sent it on the 16th, they got it on the 17th so it doesn't need to be here until the 27th.

 

I have no idea how I came up with the 20th! I'm just glad I took your advice Hopeful and removed the 'your time's nearly up' bit that I had in one letter - I'd have looked a bit of a plonker if I couldn't even work out my own time scales!!

[Hopeful1]

Nuts.

 

I've just realised I messed up the dates for the S.A.R - (Subject Access Request). I sent it on the 16th, they got it on the 17th so it doesn't need to be here until the 27th.

 

I have no idea how I came up with the 20th! I'm just glad I took your advice Hopeful and removed the 'your time's nearly up' bit that I had in one letter - I'd have looked a bit of a plonker if I couldn't even work out my own time scales!!

 

lol

[angel_1]

hiya all

 

glad you had a good weekend lexis - me too

 

and hopeful, hope you are doing fine too,

 

anyway im really off to bed now catch up tomorrow ciaoo maz

[lexis200]

Quick update

 

Still no sign of S.A.R - (Subject Access Request) (but then they do have a few more days:rolleyes: ) so can't do anything on that front yet.

 

Had a letter today saying I must call today before 9pm (twice). Unfortunately I'm a tad late as they supposedly sent it on the 16th by 1st Class post...

 

mbna231008.jpg - Image - Photobucket - Video and Image Hosting

 

I'm a bit stuck now I think. They're steadfastly ignoring my continuing requests for a payment plan of some sort, and other than replying to say no, I'm ignoring their 'call us NOW' letters (and occasional calls).

 

The state of affairs as far as I can make it out is;

 

-They have what looks like an enforceable agreement, albeit with some doubts to it's authenticity.

-I can't see whether it is a bit of a Blue Peter job until I see the SAR, which I'm hoping will include the agreement as requested. (Hoping, but not holding my breath). I also doubt the SAR will be dropping on the mat anytime soon.

-They haven't fully complied with the CCA as the original terms are still outstanding, but they are ignoring my requests for them. I'm guessing involving TS is likely to be a futile excercise that will just waste my time.

-They are flat refusing the payment offered. We absolutely cannot afford any more than is being offered (and currently paid).

 

I'm really not sure what to do now.

 

OH really doesn't want a Default, but can't afford to pay what they're after.

 

Do we just continue on this road until they pass us onto a DCA, then try with them?

 

Also, regarding the FOS - I was thinking I needed to wait 8 weeks from the date of my last complaint, but I then remembered I had a 'final response' from Gail Powell a while ago, so can I start a complaint off on the back of that (as the FOS seem to always want a final response before they'll look into anything)?

 

Oh, and what do I do if (more likely when!) the SAR doesn't arrive?

 

Ta all

 

Lexis:)

[angel_1]

hiya lexis

 

well you are doing all the right things -

 

from what ive read and understand, by continuing to pay them what you can afford should they take court action you have your records to show the judge

 

also - await the sars and if not responded by day 41 then report directly to information commissioner office,

 

the final letter you have had from them is sufficient now for you to complain to the fos, it will ask you in their form if you have had the final letter and to include a copy in your fos complaint, (i do know this for sure for my Fos complaint im currently doing)

 

im sure the regualar guys will come along but i wanted to at least help in the meantime

 

am hanging about a bit but also doing some more cca and sars requests myself...lol

 

it will be worth it when you do get the sars, if you dont then i figure there is something they would rather you not know about and no problems the sars request legalities do state should be provided within 40 days, if not Report them ,

 

ciao for now and i do like the underlined threats on their latest letter MORE OR LESS how will you cope without their credit card!! yahhhahahah a lot better ta very much.....

 

see ya laters going offline got to go and pay daughters bill for college bits .another story tell ya laters chuck

 

ciaoooooooooooooooo maz

[AA99]

Hi Lexis and Maz ! :)

 

I have just started up my 2nd thread on MBNA today, regarding Account No.2, also had a different looking letterhead today with a different approach, albeit still no reply to my letters and questions. SAR's are awaited. What bothers me is that you are continuing to pay them a reduced monthly amount, is that right? I have stopped paying them full stop. It shows on the letter today that the £3 worth of Postal Orders for CCA's on all 3 accounts has been credited to 2 of my outstanding balances???!!!:-?:-?:-? I am pretty sure that it a wrong move (again!) on their part, and I did endorse the back of the PO's to the effect that the money was for payment of a CCA............. of which I received 2 of 4 photocopied pages......

[lexis200]

Hey Maz and AA:)

 

Well at least their letters don't exactly scare me anymore - for all the reasons pointed out in your post maz! I also find it very amusing that they think you can't live without a credit card - I've been doing that for the best part of two years now, and OH hasn't used a card for months:rolleyes:

 

I think basically we're in a stalemate situation, and I reckon it'll only be broken when they decide to shift OH onto a DCA instead of bothering with him themselves anymore. TBH though I'm of the opinion, as I always have been, that they have acted completely unreasonably, while OH (well actually I've done all the bleedin' work!) has been attempting to address the situation to the best of his abilities...and finances! That can surely only help our case if they ever get round to taking him to court??

 

AA - I know where you're coming from with being concerned about OH paying them still, but unlike yours, the agreement they have sent is at the moment looking enforceable, so I have no legal ground by which to withold payments. If the SAR turns up something in our favour though, I'll be getting him to stop payments quicker than you can say 'help us to help you repay the money you have spent'

 

I think that the postal orders can be used however they like though, as long as you get the information you've asked for. At least now you can prove they've received them! Oh, and get on their backs for the other pages:)

 

Thanks for popping in both of you - it's nice to have the support, especially with stuff we have going on at the mo!

 

Lexis:)

[AA99]

Hey Maz and AA:)

 

 

AA - I know where you're coming from with being concerned about OH paying them still, but unlike yours, the agreement they have sent is at the moment looking enforceable, so I have no legal ground by which to withold payments.

Lexis:)

 

Have posted what I have received, but don't know what situation the CCA is in ????:-?