I loathe MBNA!!

[thk]

Hi

 

My bank returned the direct debit last month as I did not pay money into my bank account until after midday on the date it was due to come out, the day after I realised it had bounced and I immediatly paid the minimum payment + a little extra. A few weeks later I have received my monthly statement and see that they have fined me 3 x £12, = £36 . One for return payment default sum, one for return payment late default sum and on overlimit default sum (overdrawn bcause of the other 2 charges ). I was expecting one £12 but x3 is a joke

 

I have a few credit cards but this is the only one I really hate and wish I never took it out, I remember the original APR was reasonable and inline with other CC's rates but every few months since then I receive a letter saying my APR is increasing and now they have increased it so high that it is stuck at its limit and I don't think I will ever pay it off. The interest is in monthly % figures so I don't know how much it is compared to other lenders :?

 

My other debt I am happy to try pay off and maybe with this one I should try and do a balance transfer to a different Credit Card but I feel that MBNA took the p#ss with the APR increases and now these charges and because of this I would not feel guilty at all if I had the fortune of being able to tell them the debt is unenforceable, but the card was taken out in spring 2007, so they are likely to have a CCA, right?

[SteveH2508]

Spring 2007 means they probably have a vaguely enforceable agreement - however there is no harm in asking (S78 request + £1 postal order and no signature)

 

The balance transfer is a no brainer - MBNA are the biggest crowd of [edit] around - the quicker you disinfect yourself of them the better. Do reclaim those charges - do not let the get one penny more than they are entitled to (you might guess that I do not hold MBNA in high regard!)

Edited December 20, 2008 by steven4064
potentially libellous remark edited

[thk]

Thanks steve for your reply

 

Spring 2007 means they probably have a vaguely enforceable agreement - however there is no harm in asking (S78 request + £1 postal order and no signature)

Thats what i thought, what date did the credit card companies and other financial companies realise that they must issue and hold onto legal CCA's?

 

I may still try though cos as said on my opening post this is the one financial company that i have had the displeasure with being associated with that I really really hate and I would love to get revenge. The question I have though is... I don't give a f##k about MBNA but would this put other creditors on 'alert' that I would like to stay on good terms with?

 

The balance transfer is a no brainer - MBNA are the biggest crowd of [edit] around - the quicker you disinfect yourself of them the better.

MBNA is the only card I have maxed out,(and will never pay it off cos of the astronomical interest rate that they have increased it too), so I have room on other cards to transfer or should I look for a 0% into offer with someone else?

 

Do reclaim those charges - do not let the get one penny more than they are entitled to (you might guess that I do not hold MBNA in high regard!)

Please can you direct me with a link to a thread on how to reclaim credit card charges as i only haveclaimed back from banks in the past and not sure how to with credit cards Edited December 20, 2008 by steven4064
potentially libellous remark edited

[thk]

Hi, update on where I am with these, and help needed...

 

Because I refuse to pay the charges and stupid interest rate I have cancelled the direct debit and have been hit with 3 x £12 charges again, obviously I won't be paying these to them either. Got a letter from AEGIS (same address so MBNA in disguise?) and a missed call from them too.

 

What I want to know is how to challenge their incredible interest rate hikes from an average rate to the ridiculous percentage it is now? And if you can and how to claim back this unfair rate? Currently it is 2.2071 a month but I don't know how to work it out, I am guessing its around 30%

 

Also I want to know how to claim back these charges? I think there is about 10 x £12 in all

 

Cheers

THK

[poppynurse]

Do a CCA request and see what agreement they hold.

 

Do a SAR and get the paperwork they hold on you.

 

Write and challenge the charges.

 

Complain to your MP and the FOS about the hikes in interest and the lack of transparency with the interest rates. Email the treasury as well.

 

Complain to the Information Commissioner if they do not comply with the CCA/SAR within the timescales.

[thk]

I have just printed off a CCA request letter, I feel I need to push on with things as I keep getting phone calls and letters from aegis but I accidently answer all the security questions incorrectly so they can't continue with the call

 

Who do I send the letter to MBNA or AEGIS?

[thk]

Just a thought... how and why do an outsourced indian call centre know the answers to my security questions?

 

Is this against the data protection act and should I complain?

[Viscount Stair]

In theory, the DPA requires specific consent for processing data outside the EEA but I suspect that this is covered in MBNA's Ts and Cs.

[pompeyfaith]

Blimey 3x£12 is this there way of getting passed the £12 limit imposed on them because as i recall the charge used to be £35.

 

If this is indeed the case they really do need to be brought to book im sure the FSA, OFT AND FOS would be interested in this has anyone reported this to them yet ?

 

Regards

 

Pompeyfaith

[thk]

In theory, the Data Protection Act requires specific consent for processing data outside the EEA but I suspect that this is covered in MBNA's Ts and Cs.

 

There is no way though that they should be passing my answers to security questions such as place of birth, mothers maiden name, etc to anybody especially to people the other side of the world inside a third world country.

 

CCA request will be posted tomorrow so how long do they get to respond due to xmas and new years hols?

[Viscount Stair]

No, they shouldn't but MBNA do quite a few things they shouldn't and I fear the reality is that they have done just enough to keep the Info Commissioner off their case.

 

As for the CCA request, it is 12 working days from the date of receipt or deemed receipt, so none of the weekends will count nor will the three bank holidays.

 

I hope you're posting Recorded Delivery anyway but deemed receipt would be Tuesday (23rd), so the deadline is not until 13 Jan.

[thk]

Hi

 

Well it is January 13th and still no sign of a CCA. So far over the last fortnight just 'you must pay now' letters and twice daily phone calls from my friends in the Indian call centre.

 

At first I was not bothered by the calls, if I have time I try to keep them on the phone as long as possible to stop them harassing somebody while I am wasting their time who is scared of these calls. But I never get past the security questions with them, I always seem to forget the answer and give an incorrect response although I am fed up with them now they are getting boringly repetitive and I want a stop to them.

 

I am not sure what to do next, do I send them anything or just sit back and wait to see what they do?

[thk]

Hi

 

Here is where I am at now with these...

 

I feel that I now need to push on with things as they are now saying that they will commence with court action, so would be grateul if people could help below with these 3 things:

 

I told them that I was not prepared to pay their extortionate interest rate which they have cranked it up to, they say that If I bring my acount upto date then they will then discuss the interest rate and charges with me and not until then; I'm not going to fall for this as I know they are just saying anything to get money out of me, what is the best way to challenge the interest rate?

 

I have received a copy of a CCA which I beleive is genuine but should I still scan it up on here anyway?

 

Also I SAR'd them and the 40 day limit has expired too for them to provide the information I asked for, all I received from them is a letter saying that I must send them my signiture, I phoned them up to tell them I was not prepared to send my signiture and they said it will be in the post but they have just ignored me, so have they now defaulted and what should I do?

 

Please advise cos I'm unsure of what to do next, I have no money to pay them which they can't get into their thick heads and I also have other creditors hassling me too which I need to seek help with.

 

Thanks

THK

Edited April 14, 2009 by thk
forgot something!

[toto003]

What is the date of the initial agreement ?

[thk]

What is the date of the initial agreement ?

 

It's april 2007, I've just had a look at the original agreement that they sent me and there is only sections 1-3 of it, it was an internet application and they have not sent me the full original CCA?

[toto003]

It's april 2007, I've just had a look at the original agreement that they sent me and there is only sections 1-3 of it, it was an internet application and they have not sent me the full original CCA?

 

From 31st Dec 2004, Electronic Signatures are acceptable, I am not entirely sure what the approach would be for assessing an "online agreement."

 

... For the sake of argument, if the online version was missing some prescribed terms, then you would need to be aware that the law changed on the 6th of April 2007.

 

The sections that prevented the court from making an order to enforce were repealed.

 

If your agreement is dated later than 6th April 2007, - my understanding is that a court does have the authority to "enforce" an agreement.

[thk]

From 31st Dec 2004, Electronic Signatures are acceptable, I am not entirely sure what the approach would be for assessing an "online agreement."

 

... For the sake of argument, if the online version was missing some prescribed terms, then you would need to be aware that the law changed on the 6th of April 2007.

 

The sections that prevented the court from making an order to enforce were repealed.

 

If your agreement is dated later than 6th April 2007, - my understanding is that a court does have the authority to "enforce" an agreement.

 

Thankyou for your speedy reply.

 

It is dated before April 6th, so what does this mean for me?

[thk]

Shall I scan it up, the first 3 sections are therewhich are 1 Key financial info 2 Other financial info 3 Key informatiom, then section 3b says; Details of other service charges are set out in section 4. They have not sent me section 4 or any of the sections after this.

[toto003]

Shall I scan it up, the first 3 sections are therewhich are 1 Key financial info 2 Other financial info 3 Key informatiom, then section 3b says; Details of other service charges are set out in section 4. They have not sent me section 4 or any of the sections after this.

 

It cannot hurt to scan what you have and put it up, however, as I have said already, I am not sure how one would go about assessing the enforceability of it. Perhaps someone with more experience can take a look and share more info on this subject.

[thk]

Attached is the letter I sent asking for all the info they have on me so I can see how much of the balance is charges and the reply they sent asking for my signiture which I will not give them.

 

I asked for the info again on the phone last night and the rude mans response was that I am just trying to waste time and interest and charges are still building up and that he would not send me anything and I must pay now over the phone to him! I told him to get ####ed and hung up on him, he called me back straight away and I told him that I hung up on him cos I did not want to speak to him, he said that he knew that I put the phone down on him and he was just ringing me back to say what a #~~# I was! I told him to eff off again and hung up once more.

 

Now what should I do? the 40 day deadline has passed and they are refusing to send me the information they have on me. Do I report them?

 

CCA they sent me to follow in next post...

MBNA3.doc

[thk]

The CCA that they sent me is attached, are they allowed to only sendme the 1st three sections? Or does it have to be the full CCA?

 

Also they sent me a postcode this morning telling me that they will be calling me next week and I need to call them if it is not convenient for them to contact me!

[kb_ba1]

Hi thk, the doc's need to be bigger. Can't read them... Photobucket is good for uploading if that helps.

[Talbot]

Is there no way you can get details of the calls made to you and complain about a member of staff calling you names. If they do it again make sure you laugh and say how glad you are your recording all your calls and then lightly thank him and replacethe receiver gently he he.

[Viscount Stair]

The postcard is a breach of the OFT Guidelines. However, it has been confirmed on more than one occasion that no-one actually visits from them. "Call" means a phone call, apparently.

[thk]

Hi thk, the doc's need to be bigger. Can't read them... Photobucket is good for uploading if that helps.

 

Doh sorry! I've put them on photobucket, 5 parts are the CCA and the other is the letter asking for my signiture in response to the Data information request.

 

Thanks

 

http://s584.photobucket.com/albums/ss290/thk1111/

Edited April 17, 2009 by thk
forgot link!