Landy-alert v MBNA

[landy_alert]

On 21st Jan we sent off 2 x CCAs and an Subject Access Request regarding 2 credit cards my husband has with MBNA.

 

These are both currently in arrears by a couple of months (and are no longer being used, I hasten to add), although repayment has been a bit random since OH gave up a well paid job to get out of the rat-race and go self-employed as an internet based seller due to the money related stresses that caused him to take an overdose in 2007 - see my thread in the Welcome Forum for all the gory details.

 

Yesterday (30th Jan) he received a letter regarding the first account stating that if he didn't make a payment of £80 within 6 days he would be defaulted and another two letters (one relating to each account and obviously in response to the CCA) stating -

'Thank you for your recent communication. We are currently investigating your complaint and will provide you with a full response by 18th February 2009'.

 

I guess that's better than ignoring us totally, although 18th Feb sounds like slightly longer than the 12+2 days to me, lol!

 

As for the default threat, I'm disinclined to pay them anything at the moment as it's because of idiots like them that OH got into his predicament before - although maybe it would shut them up for 5 minutes as yes, the dreaded phone calls have started again!

[supasnooper]

Send them the telephone harrassment letter below.

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

 

Make a note and the time and date of all calls.

[dpick]

I guess that's better than ignoring us totally, although 18th Feb sounds like slightly longer than the 12+2 days to me, lol!

 

Hi the above is bog standard MBNA time wasting this is your request and the legal time scale is 12+2 working days not their we will reply when we feel like it.

 

dpick

[landy_alert]

Well, the 12 + 2 days are up the day after tomorrow (Sunday 8th) - so do we continue to the next stage on Monday or give them until the 18th as they have said they will respond by then?

 

Thanks,

 

Landy

[Alphageek]

You will gain nothing from letting them dictate the timing of things.

[landy_alert]

Thanks Alphageek - Monday it is then

[landy_alert]

Well, Monday came and with it a Default Notice from MBNA (concerning one of OH's 2 c.cards).

 

It states that if he doesn't pay the £962.18 by 23rd Feb (my birthday as it happens!) further action may be taken against him.

 

So today they will be getting a default notice from OH stating that his account is in dispute as they have not responded to his CCA request

[landy_alert]

Right - the latest development from MBNA -

 

Today OH has had a reply to the SAR request we sent regarding his 2 credit cards - only 19 days since they received it (steps back in amazement!!!)

 

Now there are two great wads of sheets relating to the 2 cards and I have started going through them making a note of the various charges, but I'm not sure which are the unlawful ones which can be reclaimed.

 

The types of charges are as follows -

 

Credit Insurance Fee

 

Cash Advance Interest

 

Retail Interest

 

Overlimit Fee Charge

 

Late Fee Charge

 

Not Sufficient Funds Fee

 

If anyone could help me identify the unlawful ones it would be most appreciated!

 

Thanks in advance,

 

Landy

[landy_alert]

OK, so I've done a bit more reading of the MBNA threads and have worked out that the Credit Insurance Fee is PPI, and that we can only claim back the Late Fee Charges, Overlimit Fee Charges and Not Sufficient Funds Fee Charges.

 

However, one point of interest is that the letters relating to each c.card both state ''we have provided this information to you free of charge on this occasion'' - what about our £10 postal order then???

[lee32uk]

You can claim back the PPi too if it was mis-sold to you.

[lee32uk]

You can claim back the PPI too if it was mis-sold to you.

[landy_alert]

Yay!!!!!!! I just found my £10 postal order skulking in the bottom of the envelope!

 

So MBNA aren't as dishonest as we all thought ..........well not quite!

[supasnooper]

Well, Monday came and with it a Default Notice from MBNA (concerning one of OH's 2 c.cards).

 

It states that if he doesn't pay the £962.18 by 23rd Feb (my birthday as it happens!) further action may be taken against him.

 

So today they will be getting a default notice from OH stating that his account is in dispute as they have not responded to his CCA request

 

 

Have a read of these on DN's.

 

I would advise and indeed implore all members to read through x20's thread on dodgy DN's and one of b_r_w's brain dumps on the subject.

 

x20's dodgy DN post - A Tale of a Dodgy DN

 

banker_rhymes_with brain dump - Default Notice period - 7 CLEAR days ?

 

 

 

And yes, you have correctly identified the penalty charges made by MBNA.

[landy_alert]

Thanks Supasnooper, have had a read of both of those and get the general idea - it's a lot to digest in one hit though and will take a few readings for it all to sink in.

 

As my OH's DN was dated 6th Feb and received on 10th Feb with a DN date of 23rd I believe this to be one day short of the 14 clear days for the statutory deadline, thus possibly rendering it invalid?

 

I'm hoping though that they fail to come up with enforceable CCAs for his two accounts anyway (the deadline was last weekend and nothing so far - account in dispute letter sent). So really the charges/PPI reclaim issue is our insurance for if they DO come up with enforceable CCAs.

 

One other follow-up to the receipt of his SAR info from MBNA yesterday is that it's not all there (a bit like most of their staff, lol!).

 

All they have provided is a huge wad of transactions - charges etc, but no record of any manual intervention, letters sent, phone call transcripts etc or anything relating to his history with them. This despite our having used a standard template from on here.

 

I understood all this other info should have been included - so what would be our next step please?

 

Also, if anyone could point me in the direction of the best spreadsheets to use for working out how much to reclaim, that would be most appreciated. I have tried the links to some of the spreadsheets and they don't seem to be working - unless it's just me!

 

Many thanks,

 

Landy

[supasnooper]

Hi Landy,

 

For non compliance of SAR take MBNA to court for non-compliance, will cost you £30.00

 

How to do this -

 

Data Protection Act: Non-Compliance - Consumer Wiki

 

The guide may say send a LBA - I wouldn't bother, MBNA know the DPA.

 

Get a Data Controller in front of a judge and hope he's wearing brown trousers.

 

Your DN would be ineffective but find more holes in it, is the amount correct ? are all the details correct ? The more the better.

 

Read and re-read the threads of x20 and b_r_w, it'll sink in slowly but it will give you the edge come your day in court.

 

 

Have a search for "Interest tutorial" or search the posts of havinastella who has recently posted the link to it.

[landy_alert]

Hi Supasnooper - thanks for that. Will have a look at your link to Data Protection Act non-compliance.

 

I will go through the DN with a fine tooth comb looking for further discrepencies, but at the moment I think it all looks correct (apart from the aforementioned statutory deadline issue).

 

Will keep re-reading the two threads re: DNs as you suggested and have just printed off the interest tutorial for a spot of light bed-time reading, lol!

 

Thanks again, your input has been most useful.

 

Landy

[angel_1]

hiya landy alert and everyone else with mbna problems

 

have you seen underdog thread yet?

 

may be useful, as speaking with a solicitor on monday

 

take a look

 

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat.html

 

laters angel x

 

Oh by the way i too got an mbna default notice, does yours by the way have "Paragraph 8 of that agreement..........

 

if so, let me know on this thread im now subbed to it and there is someone who is in court action and looking into this at the moment

 

okay keep postive (speaking with others ive befriended here we appear to be a job lot the date of the 23.02.09 is the date most of us have to remedy) just thought id let you know that too

[landy_alert]

Hi Angel,

 

Thanx for pointing me in the direction of Underdog's thread - have read it and subbed!

 

Yes, OH's DN does have the 'paragraph 8' quote, but as we don't yet have the agreements back I can't say whether there actually is a paragraph 8, although if other peoples' are anything to go by, I doubt whether it will!

 

Oh and yes, the DN does have the 23rd as the statutory deadline - my birthday (typically, lol!).

 

As we received the response to the SAR request back this week from MBNA and it merely consisted of several pages of transactions and charges, tomorrow I will be sending them a letter stating that their response was incomplete and that in the case of a SAR they should be sending us an exact, unaltered copy of the original agreement, and see what they do about that......

 

Thanks again and Good Luck with your claim!

 

Landy

[landy_alert]

Hi Everyone,

 

Have just been going through OH's lists of transactions and charges as supplied by MBNA in response to SAR requests on his two credit cards and the last three entries on one of them are as follows -

 

Lost/Stolen Debit Charge - Charge-off Adjustment £3938.01

 

Lost/Stolen Debit Charge - Charge-off Adjustment -£3938.01

 

Monetary Credit Adjustment - Zero Curbl on Sold Acct -£3938.01

 

(The last two amounts are preceded by a minus).

 

These last amounts are dated September 2008. The last payment he made on this card was in July 2008 and the last statement he received for this account was in August 2008.

 

I am assuming the debt has been sold on to a DCA, but he has received no letters or anything to substantiate this.

 

Could anyone please confirm that this is what the last three amounts refer to?

 

Many thanks as always.

 

Regards,

 

Landy

[landy_alert]

Are there any experts around who could clarify this for me please?

 

Many thanks,

 

Landy x

[landy_alert]

Hi Everyone,

 

I'm still hoping for a reply to my last question please, so if anyone can help that would be great. Apologies for my impatience, but am at a bit of a loss as to how to interpret MBNA 's gobbledegook!

 

Today is the 18th - the day MBNA said they would be sending their full responses by - and guess what.........nothing in the post.

 

So what with the dodgy DN and no CCAs, enforceable or not, I am now stuck and don't know what my next move should be?

 

Hope someone can help!

 

Many thanks,

 

Landy x

[landy_alert]

Today OH has received a request for proof of his identity (copy of passport, driving licence etc) from MBNA which they say they require in order to send him the 'personal information' in the Subject Access Request.

 

So this must mean they are admitting that what they sent previously was not the full SAR then and that this is a response to the letter telling them so which was sent on 17th Feb!

 

We will get this off in the post to them asap.

 

Still no sign of his 2 CCAs though and the 12+2 was up on 10th February.

 

The 40 days for the SAR runs out on 1st March.

 

From what I've read on here the request for ID is quite normal, although it does sound like another delaying tactic!

[almond]

have just looked at this and would suggest you have a look at mbna web site to see what their class as proof i.e i had to open a new bank account and my gas , telephone bills are accepted be warned not to send anything with signature on if possible just in case

[landy_alert]

Hi Almond!

 

Thanks for that - yes, the same thought was running through my mind......the whole thing about not signing any letters would go straight out of the window if you hand them your signature on a plate (or a passport, lol!). The old pritt stick and scissors brigade are probably just waiting to get a copy of OH's sig before they send back his CCA.

 

Will defo check up whether a utility bill would suffice before we send anything off.

 

Regards,

 

Landy

[dpick]

Hi MBNA tried this with me they complied with my sar as soon as I issued small claim case for none compliance to sar.

 

dpick