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Philip Hindley
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Cheers Phil

 

I might have a problem though as I think my charges were added over 6 years ago; unfortunately, my original correspondence was lost and I am having to go off memory although I do have the original account numbers. Should I still go ahead with the charges claim from MBNA?

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Cheers Phil

 

I might have a problem though as I think my charges were added over 6 years ago; unfortunately, my original correspondence was lost and I am having to go off memory although I do have the original account numbers. Should I still go ahead with the charges claim from MBNA?

 

Hello Ian,

 

Have you done a S.A.R - (Subject Access Request) under the Data Protection Act yet?

 

If not, then send them the Template letter in the Library (leave out the bit about six years) together with the £10 fee.

 

If you quote the account nos. they should be able to send you all the information they hold on you.

 

There is an argument for claiming back charges beyond six years, which I'm pursuing at the moment with Lloyds TSB, but it's a difficult one and I'm not sure if anyone has had any success, as yet.

 

Let us know how you get on.

Phil

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hi all,

great site by the way. just got back a letter from MBNA, standard "we are investigating further blah blah blah". All i sent was the access letter so presume this is their standard stalling/ nice type bully letter trying to get me to back off. this letter doesn`t extend their time frame of 40 days does it?

 

Neil.

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hi all,

great site by the way. just got back a letter from MBNA, standard "we are investigating further blah blah blah". All i sent was the access letter so presume this is their standard stalling/ nice type bully letter trying to get me to back off. this letter doesn`t extend their time frame of 40 days does it?

 

Neil.

 

Hi Neil,

 

The 40 day time limit for MBNA to furnish you with the information you have asked for under the Data Protection Act, is calculated from the date of your formal request, which should have been accompanied by the £10 fee, and which they may or may not refund.

 

Having received their initial standard letter, what seems to happen next, in a lot of cases, is that you will receive a partial 'goodwill' refund, credited to your account.

 

Best course of action is to accept this as a partial payment only, and then, when you know the full amount of their charges, send them a LBA demanding the balance plus contractual interest, failing which you will begin court proceedings.

 

If they don't pay up, start your claim via MCOL.

 

Good luck!

Phil

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  • 2 weeks later...

I requested my CCA from Wescot and the 12 working day expiry is up on Friday. To date, it has not been forthcoming. However, in the [post today from Wescot was a letter informing me that if I was struggling with debt Think Money Ltd (TML) may be able to help. "Wescot works together with TML, an organisation which can offer independent? advice to anyone who is experiencing financial difficulty. How can it be independent if they are working together?

 

I think there's a rabbit off here. Is this conincidence or perhaps Wescot does not have my CCA and they are trying to lure me into a trap elsewher; they have no rocking chance. What do you think?

 

Ian

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I requested my CCA from Wescot and the 12 working day expiry is up on Friday. To date, it has not been forthcoming. However, in the [post today from Wescot was a letter informing me that if I was struggling with debt Think Money Ltd (TML) may be able to help. "Wescot works together with TML, an organisation which can offer independent? advice to anyone who is experiencing financial difficulty. How can it be independent if they are working together?

 

I think there's a rabbit off here. Is this conincidence or perhaps Wescot does not have my CCA and they are trying to lure me into a trap elsewher; they have no rocking chance. What do you think?

 

Ian

 

Hi Ian,

 

I've never heard of TML, although, perhaps other members have, and would be able to offer the benefit of their experience.

 

It may be worth doing a site search for TML to see if anyone else has mentioned them in their threads.

 

Personally, I'm inclined to think (cynic that I am) that this may just be a diversionary tactic on Westcot's part.

 

If it were me, I would give them until the weekend to make a response to your CCA request, and then, if nothing appears, write to them, reminding them of your request and that they are obliged to provide you with a response within the deadline.

 

To be reasonable, give them a further seven days to provide the information, failing which, you will report them to the Information Commisioner, for non-compliance, and qestion the legality of any debt which they claim has been transferred to them.

 

Obviously this would bring into question whether or not they were able to demand future payments from you, or whether you were legally odliged to make them.

 

You could also mention that, since a proportion of the debt comprised unlawful charges, and that you were confident that you would be able to successfully reclaim them, the outstanding debt would be entering a state of dispute, which would further prohibit them from making claims on you.

 

This, hopefully will elicit some response from them, although I would like to bet, initially, at least, it will just be a "fob off" letter.

 

Let us know how you get on!

 

regards

Phil

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Hi Ian,

 

I've never heard of TML, although, perhaps other members have, and would be able to offer the benefit of their experience.

 

It may be worth doing a site search for TML to see if anyone else has mentioned them in their threads.

 

Personally, I'm inclined to think (cynic that I am) that this may just be a diversionary tactic on Westcot's part.

 

If it were me, I would give them until the weekend to make a response to your CCA request, and then, if nothing appears, write to them, reminding them of your request and that they are obliged to provide you with a response within the deadline.

 

To be reasonable, give them a further seven days to provide the information, failing which, you will report them to the Information Commisioner, for non-compliance, and qestion the legality of any debt which they claim has been transferred to them.

 

Obviously this would bring into question whether or not they were able to demand future payments from you, or whether you were legally odliged to make them.

 

You could also mention that, since a proportion of the debt comprised unlawful charges, and that you were confident that you would be able to successfully reclaim them, the outstanding debt would be entering a state of dispute, which would further prohibit them from making claims on you.

 

This, hopefully will elicit some response from them, although I would like to bet, initially, at least, it will just be a "fob off" letter.

 

Let us know how you get on!

 

regards

 

Hope you don't mind my two-penneth, but just a little note on legalities :

 

They have 12 days to supply your agreement.

 

If they cannot supply in that time, the debt becomes unenforceable unless overturned by a Judge.

 

If they still have not produced the agreement after a further 30 days (not working, just days and this means 12 + 30), they are in criminal default and liable to a £2,500 fine and/or 3 months imprisonment. However, even after the 30 days if they can provide the agreement, they can get it enforced in Court, but it is really whether the Court agrees. The general concensus is they won't risk it but if you read Laiste's thread : curious twist on on a CCA request they are taking me to court, you will see that sometimes they proceed.

 

Still worth doing tho in my opinion!:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Checked on the thread listings and can't find Think Money Ltd. I have checked the web site and lo and behold, it is a debt management group; no surprise there then! Won't be giving them my custom.

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Hope you don't mind my two-penneth, but just a little note on legalities :

 

They have 12 days to supply your agreement.

 

If they cannot supply in that time, the debt becomes unenforceable unless overturned by a Judge.

 

If they still have not produced the agreement after a further 30 days (not working, just days and this means 12 + 30), they are in criminal default and liable to a £2,500 fine and/or 3 months imprisonment. However, even after the 30 days if they can provide the agreement, they can get it enforced in Court, but it is really whether the Court agrees. The general concensus is they won't risk it but if you read Laiste's thread : curious twist on on a CCA request they are taking me to court, you will see that sometimes they proceed.

 

Still worth doing tho in my opinion!:D

 

Thanks Cornucopia for your input, which could be worth much more than two-penneth!

 

I'm sure Ian will find your posting of benefit.

 

As I mention earlier in this thread, my debt with MBNA was sold on to a DCA called First Direct, and I've been so pre-occupied chasing refunds from other banks, that I haven't got round to sorting them out yet.

 

The nugget of information you've provided will, I am sure, be of great help.

 

Many thanks.

Phil

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I haven't received my CCA back from Wescot and the 12 day time limit has expired. Do I write to them and advise that the debt is now unenforceable or do I just sit tight and wait for the next 30 days to expire; or whatever else transpires?

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I would sit tight for the 30 days to pass, - they are already in breach, so you can pursue that even if something does turn up within the month. If you alert them to the fact that you know what your rights are, it might make them swing into action, & TRY & be patient (I know, it's difficult isn't it?)

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  • 2 weeks later...

Firstly, Thank you everyone. This site has inspired confidence...I have just downloaded the template letter and intend to send it, with £10 cheque, first thing tomorrow morning (I presume that is best to send it recorded delivery) to MBNA to request copies of statements. Yesterday I did the same to Abbey National.

Can anyone tell me how quickly these particular banks respond to such requests? And does the 40 day deadline include weekends?

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Welcome to the group "standingupformyself",

 

The best way to get feedback on your specific claims is to start your own threads on each claim, by the way.

 

The banks and CC's take varied amounts of time to reply. I am currently pursuing the same 2 companies as yourself - MBNA and Abbey. MBNA responded in time, but incorrectly, and Abbey failed to reply in time so I have sent an LBA (a Letter Before Action) today.

 

If you search for my username, you will find these threads.

 

The 40 days DOES include weekends. Get them sent by recorded post and give it 40 days from when they are recieved. You can check the recorded post receipt via the Royal Mail website, where there is a tool for checking the recorded delivery code and finding out when they were signed for.

 

It can be a bit daunting but as you go through the process, with all the great help available on here, you will feel empowered - AND YOU WILL WIN!!

 

All the best with it anyway. I'll keep my eyes open for a progress report from you. If you check my threads, you will find out how I get on with MBNA and Abbey also.

 

keep fighting the good fight!!

  • Haha 1

catherious

Keep fighting the good fight!!

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  • 2 weeks later...

Wescots' (in respect to my MBNA debt) 42 days is up on Monday, 2/4. Still no sign of my CCA. What next, default letter etc. Can someone keep me on the straight and narrow? This is my first go at this particular scenario..

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Lots of options for you Joe - but there's so many MBNA threads running this afternoon, I'm confused! I will come back to you on this as I have to dash off to another thread, or Corn or omeone will reply before I get back.No panic!! This is all good news for you.

 

MBNA must have had a "mass" letter writing week!!

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Lots of options for you Joe - but there's so many MBNA threads running this afternoon, I'm confused! I will come back to you on this as I have to dash off to another thread, or Corn or omeone will reply before I get back.No panic!! This is all good news for you.

 

MBNA must have had a "mass" letter writing week!!

 

Other threads, your'e not kidding. I've been all over the place all day. I've forgotten where I've posted, thank heavens for lists.

 

IM

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Wescots' (in respect to my MBNA debt) 42 days is up on Monday, 2/4. Still no sign of my CCA. What next, default letter etc. Can someone keep me on the straight and narrow? This is my first go at this particular scenario..

 

Wescot has not supplied the CCA and the deadline is today. Do I take it they are now in default. Which is the best letter to send advising them of their non - compliance?

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Hi joesoap,

 

I recently had a CCA non-compliance from Moorcroft. I have concentrated on the originator of that particular debt, Abbey, and simply left the DCA (Moorcroft) alone. They have not been in touch and are NOT pursuing their debt any more. This is a result as far as I'm concerned.

 

There is no NEED to advise them of their non-compliance. Wait and see is my best advice. Others posting here may suggest different.

 

I was advised here that it can get tricky if you pursue the DCA for non-compliance as they could eventually provide a CCA, meaning you will have to go through court hassles with them if they produce the CCA.

 

I can only echo what I was advised - pursue the originator of the debt which was passed to Wescot, if you are claiming charges back. No DCA communication means they are not after you for the debt and the originator of the debt is the only one you need to 'worry' about.

 

Search for my username and check for my DCA thread for more details. This might help. Sorry, I'm on a tight schedule this morning and just caught your thread.

 

All the best!!

catherious

Keep fighting the good fight!!

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  • 4 years later...

I have received a letter from Rachel Nixon just saying they are looking into my claim and will report back to me in 28 days. No contact numbers have yet been given to me. I am stuck as to what to do next as I was ready to produce the third letter on the money saving expert website "asking for your money back". If you can enlighten me on how you have got on that would be really useful. Thanks.

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  • 7 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Phil

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