Mr & Mrs Unhappy v MBNA

[simcap]

Where do I start.

 

My wife has an MBNA credit card which is now being managed by LINK and we are paying a fixed amount every month. They have stopped adding interest and all charges.

 

I have a credit card with MBNA which after many call, they have told me that they will not stop adding charges. I pay a large amount each month and in the end about £50 of that is taken off the gross. So 80% of what I pay is interest and payment protection (which I have tried to take off but they havn't removed it).

 

What am I intitled to try and claim back and how do I start.

 

I have been reading for the last 5 hours through the MBNA threads and have now got brain freeze.

 

I did send off for my back statements last year, but one thing and another I didn't follow it up so should I start by getting hold of both mine and my wifes statements?

 

Any help will be good help.

 

Thanks in advance

 

Mr Unhappy.

[simcap]

I have just looked through the info I got from my last S.A.R. and the statements I have since and I have paid in excess of £4000 in interest, late charges and OD charges and have a balance of just under £5000.

 

I don't have all my current statements so the amount I have paid will go up. Do you think they will settle in full??? or will I have to pay off the remainder?

 

Mr. Unhappy

[simcap]

Just bouncing this a little. Still looking for some help please.

 

Many thanks

 

Mr. Unhappy

[simcap]

Change of title

[simcap]

What is the best way to start this? With a CCA or a S.A.R. or both?

[banker_rhymes_with]

Hello Simcap!

 

What is the best way to start this? With a CCA or a S.A.R. or both?

 

You'll need both to fight them effectively.

 

s78(1) Request

 

The most important initially is the s78(1) Request to see a true copy of your properly executed Regulated Credit Card Agreement.

 

If the alleged Agreement is still live, as in you still have it and are Paying at the minimum each Month and they have not Terminated it, then it is important to submit your s78(1) Request now.

 

This is important because if/when they fail to respond in time, and the alleged Agreement is still live, then s78(6) kicks in. Here's where to go to see what these Sections say:

 

Consumer Credit Act 1974

 

They have 12 Working Days to comply with that from the day they receive it, then allow +2 Days for Postage when it comes back.

 

After 12+2 Working Days, if no sign of an Agreement, you can stop Paying them, but do realise that's the end of the road with them, and after that point it'll be a long drawn out battle. One you will probably win, but you'll be drawing First Blood, and the battle starts from there.

 

Use Special Delivery

 

Always send anything important like that via Special Delivery. Recorded as a minimum, but Recorded can be patchy on Tracking, whereas Special Delivery tends to be more reliable and you can prove Delivery.

 

Keep Envelopes

 

Be aware that many bankers, and MBNA in particular, will get very creative on Letter Dates and Postage. So, allow up to a week after the 12+2 Working Days. For example, they may Post late, but back-date the Letter.

 

For this reason, always, always, always keep all Envelopes from now that you receive from any bankers. Some are dull enough to Frank the Envelopes with a Dated Mark, which is excellent. But others have no marks which is less useful unless you can get your Postman to Sign/Date any nasty looking Letters from now on.

 

Even if there's no Date, the Envelope may be 2nd Class when sending something important, and the Envelope will show their Postal Licence (usually), so you can still tie the Envelope to the Letter being sent. 2nd Class can mean a Legal Date of Service 4 Days after sending, so that may win a battle for you.

 

Letters do often have Orange Royal Mail Barcodes, and one day I hope to establish what they say. I think they contain a Date in the Upper Barcode, but Royal Mail seem very reluctant to confirm this.

 

Data Subject Access Request S.A.R.

 

This is your 2nd line of attack, because that should give you a 2nd chance to see the alleged Agreement, assuming they have one that is. This will also reveal any other useful information, although I'd think MBNA may well only send you back limited information, as they are seldom particularly keen to respond in full.

 

This should also include your Statements...otherwise how can they know the Total Debt?

 

Strategy

 

Please do be fully aware that the MBNA will go hostile on you the moment they see the s78(1). It is more or less a one-way trip from that point, and going back to how things were is highly unlikely. Not that you'd want to go back I suspect.

 

They will totally disregard any of their own obligations and duties in respect of Harassment legislation and the Office of Fair Trading Debt Collection Guidelines. Just saying this so that it won't come as a surprise.

 

Thus, the key is to be methodical from before the s78(1) stage onwards, and draw up an Action Plan to keep track of Dates and when key events happen. If you have a Spreadsheet, use that with lots of Colours, and insert Dates into one Column so that you can keep a clear time-line of how this develops. Usual Key Events would be:

 

s78(1) Request.

Send them Keep Things in Writing Letter, No Harassment and No Visitors Letter.

Harssment Starts.

They default on s78(1).

You stop Paying them.

Harassment continues.

Harassment continues.

They'll trash your Credit Rating by logging late Payments.

Harassment continues.

They'll ramp up your Interest Rates to 35%.

Harassment continues.

Harassment continues.

S.A.R. Request.

Harassment continues.

Harassment continues.

Harassment continues.

Remind them they have failed to respond to s78(1).

Harassment continues.

Harassment continues.

They'll trash your Credit Rating by logging late Payments.

Harassment continues.

Harassment continues.

They send you a Default Notice (or not, as MBNA have a habit of not sending these).

Harassment continues.

They lodge a Default with the CRAs.

Harassment continues.

They'll trash your Credit Rating by logging late Payments.

Harassment continues.

Harassment continues.

They Sell the Debt and/or take you to Court.

(Often they won't tell you)

Harassment continues.

Harassment continues.

Harassment continues.

New DCA Appears to Boast they now have the Debt.

(Often they won't tell you before starting Harassment).

Harassment continues.

Harassment continues.

MBNA and/or DCA will try to take you to Court...or may just carry on Harassing you.

 

You may get the picture! How they will play it depends on if they have an Agreement or not. Fairly soon you'll see what they have got.

 

Keep Things in Writing

 

Forget the Telephone from now on as far as bankers are concerned, they really cannot be trusted with it, and whatever they say will not ever benefit you, no matter how nice it may sound at the time.

 

There is a good Letter to send, and Templates for s78(1) and S.A.R., just shout if you need any of these and someone will help. I won't repeat them now, as you may already be aware of where they all are, as I see you have been on CAG since 2006. Don't want to teach you how to suck eggs!

 

Harassment

 

Get ready to start Logging all Calls by Time/Date and Calling Line Identity (CLI), that's assuming the numbers are not hidden. If you can, try to Record and save any Messages.

 

By all means take the odd Call, provided you can Record it, and do so only to catch them out being silly. For example, Data Protection Act 1998 breaches, and any silly stories they make up or Threats they make. Don't answer any Security Questions, and never say who you are, and they have limited options on the Telephone.

 

Key Steps to Watch:

 

Failure to respond to your s78(1) Request (within 12+2 Working Days).

 

Failure to respond to you S.A.R. Request (within 40 Calendar Days).

 

Default Notice (watch out for that, and KEEP IT SAFE)!

 

Termination Notice (watch out for that, and KEEP IT SAFE)!

 

Notice of Assignment to DCA (watch out for that, and KEEP IT SAFE)!

 

Notice of Assignment from DCA (watch out for that, and KEEP IT SAFE)!

 

Court Claim Letter and POC...that's if it gets that far!

 

Any questions?

 

Just ask away, others will help if I'm not around.

 

Cheers,

BRW

[simcap]

Many thanks for your help. I will go through all I have and send off the s78(1) for me and my wife's account.

 

Thanks again and will be updating this page with all and any info I get.

 

Mr. Unhappy:evil: