MBNA sent this in response to CCA request

[lollipop73]

Hello Everyone,

 

I sent my CCA request to MBNA and received this today. They were on day 12.

 

 

Image removed

 

 

 

There then follows a copy of December`s statement along with a transaction history.

 

I am a bit concerned about the fact that I applied onlne-is that relevant?

 

I hope you can help, I am in a daze:(

Edited January 8, 2009 by lollipop73

[Fangio of the nineties]

Lolly, I'm still learning myself... it's a more up to date agreement than the one i have, and it does appear to contain the required terms before the signature box..

 

But what bothers me is the £25 default charge.. I'm sure by this time there was legislation limiting these charges to £12...

More experienced caggers will i hope give you a more reliable opinion on the rest.. but this does make me smell a rat...

 

worth looking at further...sorry i can't be more help

 

FOTN

[lollipop73]

Thanks for taking the trouble to have a look at it. On the transaction history there are PPI payments at the beginning which I complained about at the time and only after a tussle did they stop taking the money-never received a refund though, and I will have to have a look at the charges too. Hoping someone else will have a gander then-again thanks anyway

[davefirewalker]

hmmmmmmm

 

I hate online agreements....with a passion

 

they could just print up any old rubbish and edit it and say you ticked it

 

it does look ok though.....with ifs and buts

 

what you have here is a multiple agreement of sorts

 

you have PPI added and I cant see any reference to the ppi credit arrangement.......someone more knowledgeable will be along I'm sure

 

try looking or asking here ...> http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

 

rgds

 

dave

[lollipop73]

It was added, and although it was a while ago I could swear I didn`t tick it, I complained about it afterwards and after a few rude calls ( on their side) they finally cancelled it, BUT now I am at odds with them...................shouldn`t I have had a full refund of all monies paid. And should I send a letter about the charges-they did indeed charge me the £25 and not the £12 I have been told about.

[lollipop73]

I have rescanned the stuff they sent back to me-this time blanking out my details properly thatnks for warning me

 

 

 

 

 

 

 

They are calling daily-I now let the answer machine pick up, of course I know it`s them when they just put the phone down without leaving a message.

 

I am going through the transaction history and find they have taken about £400 worth of PPI. At the time I complained I was told they could only cancel it with thirty days notice-which I believed even though I disputed that I ever asked for it in the first place.

 

Should I also have received a copy of the PPI T&Cs-not just the note that says (at top of page 4) ".........can be viewed by clicking the Terms and conditions link at the top of this page."

------------maybe it`s nothing but...........clicking the Terms and conditions, noting the capitalised T in mid sentence, does this seem a cut and paste job to anyone? Probably nothing.

 

 

The problem is I don`t have the money to pay what they are asking for-it just doesn`t exist, and every conversation we have with them they ask for differing amounts when we try to come to some acceptable repayment arrangement. I don`t think I have spoken to a single normal employee in all that time-every single one of them appears to be the department manager-laughable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As I have requested it via CCA request-shouldn`t I also have received on paper something with sections 4-16?

Edited January 13, 2009 by lollipop73

[lollipop73]

Hi All,

 

I am considering sending this in response-although I can`t afford to pay them comfortably I do feel obliged to pay them moneyI have in fact had.

 

 

XXXXXXXXXXXXXX

XXXXXXXXXX

XXXX

XXXXXX

 

 

Anytime January 2009

 

Re acc no XXXX XXXX XXXX XXXX

Dear Sir / Madam,

Thank you for your response to my request for a credit card agreement.

There are some issues I do not comprehend as yet and would appreciate further clarification.

I am aware that the agreement you sent me contains what is to all appearances a digital signature, but I have serious concerns that it also shows that I signed a PPI agreement which I do not believe I did.

I was not in a position to benefit from the Insurance should I have attempted to claim it-a fact which I raised with your company after noticing it had been added to my account, during a difficult telephone conversation with a man who refused to cancel the insurance upon request(offering me no other option but to keep it I may add). Thus I rang again immediately after terminating this fruitless conversation to complain to a department manager, who assured me the matter would be dealt with. Put simply, it wasn`t so it was left to myself to send you a letter regarding it-a copy of which I am sure you kept and I did too. Of course all of these incidents will be recorded by yourselves and are very easily investigated. I would like to thank you for forwarding me a transaction history for it has made me aware that all the PPI was never refunded to me and the sum of XXX XXX less one refund of XXXXX remained in your possession. It may seem curious that I have never spotted it before-my husband-Mr XXXX XXXXXX dealt with all the household bills at that time and I only handled issues when it required the accountholder to do so-posting cheques or send e payments fell within his remit at the time-that is not the case any longer.

Of course I want the sum and any interest you have charged on it refunding back to my account, so as to get an accurate idea of my immediate-and pressing financial situation.

There also appears to be a £25.00 late payment charge I am sure you are aware of recent decisions fixing the threshold at £12.00 again the difference refunding along with any interest that the additional sum of £13.00 will have accrued seems to be the norm here.

I also require some information regarding some other items on the transaction history-I`m sure, as you have offered clarification, you don`t mind.

Some of which I understand clearly and some I don`t

01-purchases made using card

33-payment made to yourselves

04-interest charged on purchases made by card

18-payment protection refund

12-late payment charge

47-interest charged on using the cheques you supplied

35-unpaid direct debit

21-charge levied for an unpaid direct debit

45-finance charge

19-fee for going over credit limit

I`m sure they are a matter for your own internal usage and record keeping but I do need to understand, if you wouldn`t mind pointing them out for me, where in the credit agreement these charges - 47,21,19 and 45 are referred to-I just can`t see it, perhaps they are in sections 4-16 which were not contained within the documentation you recently forwarded to me. ( I`m sorry but I can`t ...........“click terms and conditions link at the top” ..............of a sheet of A4).

To make a step in the right direction I will need to begin to make payments to yourselves, Each time I have had telephone conversation with members of your staff-oddly all of which are the Departments Manager the amount required has differed, and besides I did have a verbal arrangement with yourselves to pay XXX per month for three consecutive months whilst I reviewed our finances, an arrangement which was later denied by a member of staff-again another Department manager a few days before the last payment fell due.

I have since made no further payments to yourself, despite calls made to your department by my husband with myself present-because both times different sums were offered to him. Because of this we are seeking further advice, but wish to begin making payments we can afford.

We do not wish to ignore this debt or not pay any monies which we owe, but like all our other creditors you must accept that only after our necessary expenses are paid eg Mortgage, council tax, food bills etc will we turn to your bills.

Due to the unreliable nature of the arrangements made over the phone I will no longer accept or respond to anything other than written correspondence, and will view any further telephone calls regarding the unpaid amounts as harrassment-from which I have legal protection-which I will invoke should you choose to continue. I feel that it is reasonable for me to ask for written contact only.

I also feel it is reasonable to ask for a real Manager who actually has some authority over this situation to deal with this matter.

 

 

 

 

.....................................

 

 

 

What do you guys think? Is this a mistake? We can afford a certain amount each month but certainly nowhere near the amounts they keep talking about.

[davey77]

The amount you are able to repay is entirely at your discretion. Believe me, if you said X amount they would ask for XX amount. If you said you had XX amount left over they would want XXXX amount. It's never enough. Should they take you to Court and you can show you have done your best then you would look more favourably upon by the Court for making payments and the fact they want more from you doesn't make any difference. Ignore their demands for higher payments, pay what you can afford.

It's highly unlikely they will take you to Court anyway.

 

The National Debtline were very helpful with advise when i rang on the subject so give them a call if you haven't done so already. You can also ask them about ppi, unlawful charges and anything else about the agreement you need to know.

 

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000