Uman v MBNA

[Uman]

Hi.

 

I have had an account with MBNA for many years. I missed a few payments a while back and they suspended the account. When I got things back on track I paid off half the balance and was immediately rewarded by MBNA doubling my interest rate to about 35%! They refused to reduce the interest rate, and were extremely rude about it, I should add.

 

Now, my financial circumstances are not good again, and I decided that I would CCA them. They've made a fortune out of me over the years, and I really feel no remorse about this, especially after the shameless interest rate hike. The events so far are as follows:

 

In early June I CCAd them. They responded just before the 12 working day limit with a (legible) application form that had no prescribed terms, plus current Ts & Cs.

 

In early July I wrote back saying that the documentation they provided was not satisfactory and they replied with a so-called final response saying it is satisfactory.

 

I wrote a letter later in July putting the account in dispute and also sent a SAR asking for all statements plus original CA etc.

 

MBNA replied at the end of July to say that they do not believe the account is in dispute, so I wrote a lengthy letter explaining the situation with reference to the CCA 1974 and the 1983 regulations. I also mentioned the Wilson case.

 

I just missed a payment, and I'm now waiting for the threats to start!

 

Will post up new details as they happen...

 

Uman

[Hopeful1]

Have they responded to the S.A.R yet?

 

Do you have many charges? Just wondering if they, along with the interest will outweigh the balance?

[Uman]

Hi, Hopeful1.

 

I've managed to keep the minimum payments up mostly, and usually keep it under my limit, so there are only a small number of charges over the years I think. I've paid a hell of a lot in credit interest though, and I'm sure that they've made a decent profit already.

 

They've not responded to the SAR as yet, although they still probably have the best part of a month left.

 

Uman

[Hopeful1]

Uman, without the agreement they have no right to continue to enforce this debt. By rights, you could withold payment now.

 

If they have given you a final response with regards to the agreement i would be inclined to file a complaint with Trading Standards.

 

One other thing, is there any PPI on the account?

[Uman]

Hopeful1, no PPI on this account.

 

Do TS actually listen, or do anything? I suppose I ought to contact them out of principle anyway. The more noise the better...

[Hopeful1]

Hopeful1, no PPI on this account.

 

Do TS actually listen, or do anything? I suppose I ought to contact them out of principle anyway. The more noise the better...

 

I had a debt collection chasing me for a loan last year with no credit agreement.

 

I wrote to TS and stated that i was trying to establish the exact details of the agreement that i had signed up to but that they had ignored my repeated requests.

 

I quoted the relevant bits of the OFT guidelines and they did write to BCW. They stopped harrassing me as they did not have an agreement.

 

Just thought, there's some useful on another thread with regards to updated directives.....i'll be back....

[Hopeful1]

Here we go:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

[Uman]

Thanks, H1, that looks helpful.

[Uman]

Received a letter today from Risk Management Alternatives asking me to pay the arrears on my account.

 

Will write back telling them the account is in dispute and that as a result MBNA is not permitted to enforce the account.

[Uman]

I got a reply to my S.A.R - (Subject Access Request) today. Just statements, of course. So, it doesn't look like they have anything at all to hide by not supplying the requested appl. forms, CA etc then. Of course not - perish the thought!

 

The balance on my account is something like 8K, and the interest paid by me alone is over 11K. Compound interest figure at the current rate they are charging (c. 35%) means without an agreement they might *theoretically* owe me as much as 28K in total.

 

I've written back telling them that they've got X days to supply the missing docs, and we'll see what they've provided when the 40 days are up.

 

Haven't heard any more from RMA since I wrote to them.

Edited August 13, 2008 by Uman
missing info

[Hopeful1]

 

The balance on my account is something like 8K, and the interest paid by me alone is over 11K. Compound interest figure at the current rate they are charging (c. 35%) means without an agreement they might *theoretically* owe me as much as 28K in total.

 

soon adds up doesn't it???

 

Will be interesting to see what else they turn up. I'm glad RMA have crawled away.

 

Let us know if you get anything else