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MBNA / Restons


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Hi - I'd also like some advice in relation to this thread if possible.

 

I had an agreement with Abbey National Credit Card which I signed in July 2001 .... but the account automatically transfered to an MBNA account some time in late 2007. I have recently requested a copy of my CCA from MBNA with all transactional data which they have sent me free of charge ... however this agreement was made with Abbey National, not MBNA ... is this relevant ???

 

I advised both Abbey & MBNA of my change in financial circumstances in Jan 2008 when the account was at £2685. I set up an agreement to pay them £25 PCM which I did for many months, but then had to reduce down to approx £8 PCM over last 6 months. They have passed my debt over to Restons in Warrington who have demanded payment in full. Having borrowed no more money on the account since Jan 2008 when I first advised them of my change in circumstances, I have paid them back a total of £251 and the account now sits with restons at £3072 .... I get the feeling I'm just being totally ripped off here !

 

Can anybody recommend what I should do in relation to this specific debt as I understand from many other threads that the MBNA / Restons combo can get nasty !

 

From the financial transactional data provided by MBNA from Jan 2003, I labouriously entered it all into a spreadsheet to see how much money they had actually made from me .... I was staggered ! Their numbers frequently didn't add up but in brief, this is what I discovered:

 

Total Funds borrowed = £26,154 since March 2003 broken down as follows:

 

Total Fees and Charges = £6,198

Total Cash Advance = £12,685

Total Retail Sales = £7,271

 

I have subsequently paid them back a total of £27,995 to date [which is actually £1,841 more than i have actually borrowed and that is including the unreasonable six grand + worth of fees and charges !]

 

Do these numbers seem in line with other peoples experiences ??

 

I have offered them a final settlement figure of £450 over three installments of £150 PCM .... am I being stupid ?

 

cheers > C-B

Cartier - Bresson

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Hi All

 

Many thanks for all your help so far .... I've just been through the fees & late charges on this account and since March 2003 i have paid MBNA £856 !!! This is mostly made up of both £25.00 & £12.00 charges for 'Late Fees' & 'Over Limit Fees' etc

 

I've also attached copies of my CCA as sent from MBNA on 8th April 2009, obviously with all the personal details deleted in red. [Front and Back] It would appear that this is really just the front page of an application form ... although both sides do look like they line up .... tI guess the back could have come from anywhere really !

 

Do you think i should dispute this document as being unenforceable ?? If so .... do I dispute it with MBNA or with Restons ??

 

Thanks again for your help > C-B

Cartier - Bresson

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Hi - Sorry about image size .... i don't really know what has happened here as the original jpeg's are 2.5mb and are extremely clear .... maybe it is just the thumbnail that has been attached as the file size appears to be 17kb ????

 

I'm so new to all this and must appear totally stupid !!!!!! Sorry again !!!!!

 

With regards to the Fees and Charges etc ..... the £856 figure has been made of individual £25 / £20 / £15 / £12 charges applied to the account over the past 6 years [from March 2003] .... but I don't really understand what you mean by 'once the interest is applied' ..... do I now need to make a calculation using that spreadsheet you provided the link to, based upon an 8% interest rate applied to this figure ???

 

Also .... do i approach MBNA about these charges or Restons ???

 

Curse my small brain !

Cartier - Bresson

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Good Lord ! I've just used the spreadsheet you provided to calculate the interest on the charges applied to my account as of from March 2003 .... based on that 8% interest rate .... we are now looking at a total of £1055 !!!!!

 

Should i send this to MBNA or Restons ????

Cartier - Bresson

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Hi - Thanks for getting back to me. I'm really new to this so I apologise for anything I get wrong in advance ! I think i may have created two identical threads called 'MBNA / Restons' ... of which the other thread seems to have attracted more of a response !

 

I have posted the images of the CCA that MBNA sent me on the other thread ... but will put on here for you also.

 

It doesn't look right to me .... just looks like an application form with T&C's placed on back .... which could have come from anywhere really ! I don't know enough about all this yet though ... so I'm unsure if it would be enforceable in court of law. See what you think and let me know if possible.

 

I think MBNA have registered a default notice on me .... I will have kept it somewhere .. but just need to get all my papers in order for this debt.

 

i'm already blown away by this forum and what i have learnt from others in a single day ! I really felt all alone with this debt ... and although I know I shouldn't have let it get out of control .... I don't think I deserve to be ripped off like this .... these companies are simply profiteering at the expense of peoples general ignorance !

 

Thanks again > C-B

CCA Front.pdf

CCA Back.pdf

Cartier - Bresson

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No idea about original Credit Limit .... May have been 2K ... i could probably find out if i went through my papers at home .... come to think of it i may still have my copy of the agreement I signed ... if i can find it i'll check. If I don't ... how can i determine whether what they have sent me is actually real ??? IE: Correct back page and not just some generic version they stick on all the requests they don't actually have !

Cartier - Bresson

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Many thanks again for your help - I will have to check the letter Restons sent me, which is at home. I guess, depending upon what this letter says, will determine who i send the 'fees refund' claim to ???

 

If I can get the Final Settlement figure down to a resonable amount - I don't mine paying something to them ... I just don't want to get totally ripped off again ! MBNA have really had enough money out of me in the past through the interest they have charged me !

Cartier - Bresson

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The plot thickens !!!!

 

Having just spent some time looking really closely at what my CCA actually states I seem to have come across something that would suggest that these two documents are certainly NOT related !

 

On the front page where I have signed .... just underneath in the Additional Cardholders - a free service' section it states:

 

IMPORTANT - DATA PROTECTION - Additional Cardholder

By signing this agreement you agree that we may process, use, record and disclose Personal Information about you as described in Condition 11 in the Terms & Conditions.

 

 

But when you turn over to the T & C's on the back page ..... Condition 11 states:

 

11. For the period of six months starting on the date of opening the account, we will not increase the interest rate on any Retail Transaction, Cash Transaction, Cheque Transaction, Balance Transfer, or on any handling charge.

 

 

So it is clearly refering to a differnt set of T&C's !!!!

 

Is this correct or am I going mad here !!!

Cartier - Bresson

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Many thanks for this suggestion Angel_1

 

CitizenB if you are out there ... would this be possbile to combine both threads ? I not sure why i ended up with two .... I still learning how it all works really !

 

Many thanks > C-B

Cartier - Bresson

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Just spent an hour or so going through your thread Supasnooper - very interesting and will surely help me further down the line I guess. I'm still trying to get my head around alot of the jargon being used and the legal procedures etc to be honest ... learning very quickly though as I'm sure my summons from Restons is in the post !

 

I am actually going to spend some time in the loft now ... as I am a terrible horder for all paperwork and have a feeling I may find something up there from way back in 2001 when I made the foolish mistake of taking a credit card out with Abbey / MBNA !

 

The sum I owe this particular creditor isn't much really in relation to my other debts ... it is approx £2.5k, plus all their fees etc ... bringing it now to just over £3k. I'm also in the process of trying to claim back about £850 worth of fees & charges incurred since 2003 .... this should, if refunded, bring the total down to a fairly nominal amount - which i may be able to sort out over three monthly instalments. Don't know whether I'm brave enough to end up in court ! May be though !

 

I'll look forward to seeing how your case develops > Cheers > C-B

Cartier - Bresson

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Found all my MBNA statements from 2001 up to 2003 in the loft yesterday - my fees & charges have now moved to £1024 .... or £1313 with interest !!! Sent letter recorded to Restons today asking for them to obtain a full refund from their client within 14 days .... Just sit back and wait now I guess !

Cartier - Bresson

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  • 2 weeks later...

Advice Needed !

 

I didn't recieve a reply regarding the letter i sent to Restons about claiming back fees charges etc ... I also sent it recorded delivery ..... but I did recieve an N1 Claim form from Northampton CCBC yesterday [issue date 6th May 2009]

 

I'm a bit unsure what my next move is really - any help would be much appreciated - cheers CB

Cartier - Bresson

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Many thanks for your quick response here Supa .... I've just been going over your thread again and trying to get an idea about a timeline for events etc. Has your case been sorted yet ? Where are you up to with it ??

 

Also ... just for me to be totally clear ....

 

Firstly

I need to complete 'Acknowledgment of Service' which I can do on-line, ticking the 'I intend to defend all of this claim' box. Hanging fire on the defence [33 days left for this]. I assume this course of action is advisable with my specific case, based upon our prior discussions regarding the dubious CCA MBNA provided me with.

 

Secondly

I need to send Restons a copy of this CPR 31.14 request [recorded delivery] you have provided me with, unsigned.

 

My POC's are identical to the ones you have on your Claim Form posted on your thread [obviously with differing amounts etc]

 

So based on this, do I only need to leave in numbers 1, 2, 3 & 4 ????

 

Many thanks again for your continued support here. C-B

Cartier - Bresson

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  • 3 weeks later...

More advice please guys !!!!

 

After sending Restons my CPR31.14 request on the 8th May recorded delivery, i recieved a package from them last tuesday [26th May] which included the following:

 

1. The same bogus copy of the CCA that MBNA sent me and has been attached to an earlier post ... basically the credit card application with a set of regs that don't correspond on the other side.

 

2. The latest set of MBNA T&C's

 

3. All statements from June 2004 to Feb 2009

 

4. The default notice dated 6th March 2009

 

What's my next move ? I'm concerned that the clock is ticking and that I will have to prepare a defence at some point ????

 

cheers in advance > C-B

Cartier - Bresson

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Hi Folks - I'm getting a little twitchy as the days are rolling on and I haven't prepared my defence yet. Based on the Date of Service on the 'N1 Claim Form' from Northhampton Courts, which was Monday 11th May .... my 33 days are up by next Friday ! [12th June].

 

Citizen B has been helping me with my DN, which now it would appear is invalid due to remedy timings and arrears references on the T&C's etc

 

The CCA looks to be unenforceable as the front refers to points that don't make sense on the back.

 

I think i should SAR MBNA again today and ask for the comms log as per Supa's advice.

 

What is my next move or am I just stressing unnecessarily..... i don't really know what i should be writing or even where I should be writing it to !!!!

 

Arggggghhhhh !

Cartier - Bresson

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okidokey - thanks CB !

 

Having thought about this SAR including comms log from MBNA .... i have already recieved statements from them going back to 2004 [The account started in 2001 though ???? but they couldn't provide anything further back] and their verson of the CCA way back in feb some time - just though I might have got more from them if I used CPR 18 on them ???

 

Also - I have CPR 31.14 'd Restons on the 12th May - they have sent back the three sets of docs mentioned on my earlier posts.

 

Maybe I don't need to SAR MBNA again .... just thought it might generate some more info for my defence ??

 

Cheers > Cartier

Cartier - Bresson

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Yikes ! Just as well i checked ! I'm at work at the mo, so don't have any of my docs with me.

 

As per Recap.... All correct.

 

With regards to the CPR 31.14 request to Restons - they sent the following on 26th May:

 

1. The same bogus copy of the CCA that MBNA sent me and has been attached to an earlier post ... basically the credit card application with a set of regs that don't correspond on the other side.

 

2. The latest set of MBNA T&C's

 

3. All statements from June 2004 to Feb 2009

 

4. The default notice dated 6th March 2009

 

The SAR is a little more complicated really - before i joined this site / forum and before I actually knew what the term SAR actually meant, I requested from MBNA a copy of my CCA and details of all the transcations that have ever been conducted on the account. They sent me the CCA that you have seen and statements from 2003 [2 years worth missing]

 

I guess this is that same as requesting a SAR then ?

 

One other thing to note on the Claim Form is that the POC's include S69 Interest which I believe they can not try to collect from me .... which should eventually be included on the defence list I guess ?

 

With regards to those two choices of 'Holding Defences' posted [thanks], I may go for the second one. If it is to be submitted by Monday - can I actually submit it on-line on Monday ? Or would you recommend that I try to do it on-line over the weekend ????

 

Many thanks again for all help CB Regards > Cartier

Cartier - Bresson

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Right ..... I'm back on the case now !

 

Thanks for the all support so far guys - you are all life savers !

 

CB - The report I was sent from MBNA was in Feb and comprised of about 10 pages of indvidual transaction entries - it actually looked a bit like a standard access database query / report printout ?? They didn't charge me anything for it as I was continually writing to them with offers etc. They just sent me it for free ! I may formally request the full hit [comms log etc] though and pay the tenner - I'm gunna need everything they have on me I guess!

 

Two things I'm not too sure about : What does an 'embarrassed defence' actually mean ? And also, what is a 'Summary Judgment' ??? I should probably know what these things are seeing as I'm using the terms etc !

 

Will check out that counter claim thread as soon as I've posted this defence CB > Thanks

 

Regards > Cartier

 

p.s. Thanks for timings advice GG & Supa ..... Also good of you to pop in Sunflower ...... I'm going to try and do my best with this case ! Will drop in on your thread in a bit ....hope all is well.

Cartier - Bresson

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