Blamethebank MBNA and Data Protection Issues

[blamethebank]

Hi all I am new to this but have spent best part of the day trawling through threads and I am totally bemused. So if any of you can help me I would grateful.

 

I have a couple of credit cards taken out several years I am going to send a letter requesting the information on the CCA I realise that if the agreements are not legitimate then I may have grounds to pursue the matter which is probably the case.

 

I would be grateful if anyone could give me a template letter in order for me to pursue this further.

 

I would be also grateful if someone could shine some more information re the data protection act I am confused on that one

 

Look foward to hearing from anyone who may be able to help;)

[banker_rhymes_with]

Hello Blamethebank!

 

Welcome to CAG.

 

One initial word of warning, is that when you start down the road of sending people like the MBNA a request to see a Copy of your Agreement, it's worth being aware that they will take that as a slap behind the neck, and will retaliate.

 

They should not do this but, from my own experience, and that of other people here on CAG, you must be aware that it could be a one-way Trip if you do embark upon this. It is your Legal Right, but just be aware how they will react. That's tough on them I say, but I don't want you going into this with your eyes shut.

 

Their usual tricks are to keep adding Interest and Charges while the Account is being disputed, and as a penalty for that, they will ramp up your Interest Rate as well. So, if you think it is bad now, it'll probably end up at 35% within a fairly short time once you start disputing things with them.

 

It's their little way of trying to show you who is boss.

 

If the Dispute drags on, you will get huge numbers of Harassment Telephone Calls, and Truck Loads of silly Threat Letters.

 

The MBNA are only interested in Payments, so everything else does not appear above their horizon. Getting sensible answers out of them is a job in itself.

 

Thus, the first step is to work out what your current position is, and where you want to go with this. For example:

 

(1) Are you managing the Cards OK, Interest Rates are around 16-18%, the outstanding Balance is low etc, then you may be more interested in re-claiming unlawful Charges. If you have all of your Statements, then you can just go ahead and Claim. If you need some Statements before Claiming, then invest £10 and send them a S.A.R - (Subject Access Request).

 

(2) Are you struggling with both Cards on the Limit? If so, then life will not get any easier, and the MBNA will no doubt be increasing your Interest Rates...just to help you out!

 

If you are leaning towards (1) above, then it may not be wise to go for a Request to see your Agreement, at least not yet.

 

If you are leaning more towards (2) above, then it's probably too late to salvage the situation with the MBNA, as you will never go back to having lower Rates, unless you win the Lottery and can clear the Card down to zero and demand a fairer Rate.

 

If (2), then you do need to think about what to do, and then it's highly likely that your plan of action will be as follows:

 

[ A ] Gather your evidence, and plan your Campaign. Keep Paying them for now, to try and get the Account in good standing before you start to complain. Try to establish before you start, mainly for your own benefit, what these Debts are made up of. If you can, examine each, and try to work out how much you spent, how much you Paid them back, and then how much they charged you in terms of Interest, valid Charges and Unlawful Charges like Late Fines and Over-Limit Fines. Note all Card Limit increases, and all Interest Rate inceases, as it's good if you can spot a pattern of Debt manipulation on their part.

 

[ B ] If you need Statements to give you the full picture of the alleged Debts, then send them £10 and ask for a S.A.R - (Subject Access Request) (we'll advise on that when you respond).

 

[ C ] When ready, and when you have moved off any Payments being made on those Cards to other people like Bills/Subscriptions etc, then send the MBNA £1 per Card, and submit s78(1) requests for each (if both are Credit Cards). Again, we'll advise on which Letter to Send...this is just an overview.

 

[ D ] The moment they start to Telephone you, send them the CAG Telephone Harassment Letter, and also deny them or their Agents the Right to Visit. Start Logging all Calls, and try to get the Full Names of anyone calling to Harass you. Apart from that, don't speak to them, ever.

 

[ E ] Be ready for a long drawn out battle.

 

[ F ] Post any Agreements they send you here, and people will help you to see if they have the Statutory Document needed to Enforce the alleged Debts.

 

No rush, please just read the above, and then come back when you have considered what your position is and what help you need.

 

I hope this helps.

 

Cheers,

BRW

[banker_rhymes_with]

Hello Blamethebank!

 

The Data Protection Act 1998 is something to discuss when we've heard more.

 

It's usually an issue when they have started to add Adverse Information about you to the Credit Reference Agencies (CRAs).

 

If they have not done that yet, then this isn't a problem...yet!

 

If they have, then let us know, and you will get help on that too.

 

Cheers,

BRW

[Jeff2000]

Hi Blamethebank,

 

 

Also, have a really good read of some of the other MBNA related threads.

 

Take your time, there is quite e few!

 

You will then get the idea of what sort of people we are dealing with at MBNA!

 

When you have decided which route you want to go down, then, as BRW as mentioned, just post back here and somebody will offer some help!

 

Oh, and don't be afraid to ask questions if you are not too sure of something!

 

 

Best wishes, Jeff.

[blamethebank]

Thanks for that Banker very useful sorry for the confusion on the thread I am new to the site so I bit confused to where I thread things.

 

I think the best I can do at the moment is pay what I can afford to MBNA and Barclay card and as to see the cca as I am almost 99.9% these were both done over the phone Barclay Card I applied for myself and MBNA rang and asked me I wanted to have one of their cards and do balance transfers. Must admit when I rang Barclay and asked them to reduce the rate they did and give me fixed payments for the interim but MBNA were being ultimately nosey and want to know the in's and out's which i was not willing to pursue at present so I have just told them I will pay what I can afford at present and they will have to sent it to a credit agency to chase me for the rest but I do certainly feel that this cca are legible and do think I might I have case but it is what do I do first ie which letter do I send?

 

Thanks:!:

[blamethebank]

One of things I was going to do was ring one of these personal claim lines that are advertised ... any thoughts on that one:rolleyes:

[Jeff2000]

One of things I was going to do was ring one of these personal claim lines that are advertised ... any thoughts on that one:rolleyes:

 

 

 

Hi,

 

 

Those type of companies usually require a fee up front! Then request up to 30% of your claim, if you win! So why pay them when you can do it yourself?

 

All the info you need is available on this site!

 

 

Regards, Jeff.

[blamethebank]

great thanks for that Jeff maybe just try and do it myself with the help and advice from this site and make donation here instead.

 

Do you have any template letters to get me going Jeff please?

[Jeff2000]

Hi,

 

 

For CCA request you can use:

 

 

 

I require you to supply the following documentation:

 

1. You must supply me with a signed true copy of the credit agreement which refers to the abovementioned account.

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a full and detailed statement of account. I enclose a postal order for £1.00 in payment of the statutory fee, postal order number XXXXXXXX.

 

This postal order is for no other purpose than mentioned in the above paragraph.

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

Yours sincerely

 

You can put " I do not acknowledge any debt to your company" at the top if you wish.

 

 

Regards, Jeff.

Edited July 21, 2008 by Jeff2000
Cleaned up.

[blamethebank]

great thanks Jeff I will get cracking today with this and let you know in due course what is happening and many thanks for your help you have been ever so kind

[blamethebank]

hI Jeff

 

Just one more thing my husband took out a CCA (purchased some fitted Wardrobes) and you can not read the carbon copy that we have other than his signature it does not state the payments, interest rate or nothing purely his signature and the date do you think we could pursue this agreement as well.

 

It is with Hitachi capital

[Jeff2000]

hI Jeff

 

Just one more thing my husband took out a CCA (purchased some fitted Wardrobes) and you can not read the carbon copy that we have other than his signature it does not state the payments, interest rate or nothing purely his signature and the date do you think we could pursue this agreement as well.

 

It is with Hitachi capital

 

 

 

 

Hi,

 

 

It's possible. You will have to scan and post it up so that people here can give a better opinion!

 

 

Regards, Jeff.

[Jeff2000]

great thanks Jeff I will get cracking today with this and let you know in due course what is happening and many thanks for your help you have been ever so kind

 

 

 

 

Hi again,

 

 

Just in case you are not aware, they have 12 working days to reply with your agreement etc. If they don't then they are in default of your request and they cannot enforce the agreement whilst in default. You may, if you wish, cease payments at this point. If after a further calender month they have still not complied with your request, then they have committed an offence. At this point you should consider reporting them to Trading Standards and the OFT!

 

Good luck, Jeff.

[blamethebank]

Hi jeff

 

This is the agreement scanned in:

Edited July 24, 2008 by blamethebank

[blamethebank]

Don't think I have done that right but you can only read the signature nothing else there is no figures written on it or nothing can anyone advise

[Jeff2000]

Hi,

 

 

Unfortunately it is a bit too small to read!

 

You can open an account at photobucket and upload your scanned images etc, and it's free!

 

 

Jeff.

[blamethebank]

If you click on the thumbnails it will enlarge

[2Grumpy]

If you click on the thumbnails it will enlarge

 

Yes, but not by enough to read it, but enough to see that you have left your signature on it - you should remove all personal details!

[Liony]

This is interesting. What if they no signed credit card agreement?

 

I have been contacted by a company offering to either get the interest frozen or lowered for me. They want the credit card agreement which I found but it is not signed.

It is not the original one, it was put in the post with the card when the card company changed over to mbna.

Are these companies genuine or not?

Another company contacted me assuring me that if I got my cards beore 2007, they could help me wipe out the debt - but the card balance (debt)has to be over 2,000 pounds.

Is this genuine or not?

 

Or is it better to do it myself and just explain the situation to the card companies?

 

Thanks for your help

Liony