Glenn Vs MBNA ** SETTLED **

[Glenn UK]

Well received standard response promising action within 28 days, no statements so far though.

[Glenn UK]

Out of curiosity, MBNA have acknowledged receipt of my SAR and are dealing with it as a claim.

 

I ampresuming that since they havent made the same issue over the microfiche that abbey do that I can ignore this letter and dont need to send them the re-inforcing letter re DPA and microfiche/40days etc?

 

Is my assumption correct?

 

Glenn

[Glenn UK]

PO Box 30

Chester

CH4 9FD

 

24th August 2006

 

 

Letter Before Action

Data Protection Act 1998

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxx

Your Ref : xxxxxxxxxxxxxxxxxx

 

I thank you for your letter dated 22nd August 2006 and note the contents therein.

 

You will note that my Subject Access Request (dated 22nd July 2006) requested a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Your response only includes a list of charges and doesn’t indicate the transactions.

 

You have made no reference to whether manual intervention is involved in the application of the charges applied to the account.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You will be aware that the initial 40 day statutory period is coming to a close and finishes on 31st August 2006.

 

In an effort to avoid the possibility of court action can you supply the following information before 31st August 2006.

 

1. The date that the account was opened.

2. A true copy of the original signed agreement between the MBNA and myself.

3. The details of the transactions and charges over the whole life of the account.

 

In the event that the requested information is not forthcoming within the statutory period I will instigate court action under Section 7 of the Data Protection Act 1998.

 

Yours faithfully,

 

[Glenn UK]

Right Sent off a LBA for reclaiming charges since i last posted in here.

[Glenn UK]

A bit of an update.

 

MBNA have settled in full but i have a few words of warning for those claiming and talking to MBNA to settle their claims

 

When i 1st spoke to them it was about my LBA for non-complaince with the SAR.

 

To help things along I faxed my LBA over for charges. They confirmed the amount of charges for the last six ears, but when prompted did divulge the charges pre six years. They offered to calculate the charges paid too.

 

Because i had some estimated charges in my LBA i wasnt going to be rushed so when they offered to settle i said I wanted to think about it.

 

I then set out a schedule of chagres and costs :

 

Fee for SAR £10.00

Letters x 6 @ £6.75 each

Postage x 6 @ £1.00

Charges

Interest paid @ 16.9%

Contractual @ 22.9% compunded from date of each chrg.

 

The point of listing this is that during the discussions it became clear that they didint intend to add the interest I was charging them.

 

The interest they told me i was due was only the interest I had paid. In my case I think I made a slight mistake because id didnt revise my estimated interest to match their value and I think I lost £100 or so.

 

However, I am happy, the value of my claim ended up more than double my charges and Im happy with that.

 

All I would say to those claiming and talking to MBNA is make sure you know what you are intending to claim and dont accept anything else. have your arguments ready about why you should have them and be prepared for them to argue.

 

 

HTH

 

Glenn

.

[sandrajl]

Dear Glen,

i dont know about you but ive found that MBNA can be very aggressive when ringing me , when they rang to get a paymt as id missed it they asked for a post dated card paymt, i agreeded and assumed it would go through, but the following wk a lady rang to ask for double the paymt amd when i told her that id already paid by post dated paymt she said that it wasnt done and now i owe double, which i coulnt pay so i offered an amount i could afford there and then but she refused. She said she wanted the double amount only i said i couldnt afford it or it would put me over my O/D and she said thats NOT HER PROBLEM !and that if i didnt pay it i would be charged late paymt fees again, i tried to explaine that it was pointless cos the more they charged me the more i coulnt pay and that we'd get nowhere but she said she didnt care and wanted paymt , when i asked her name she refused and said it didnt matter as she would pass my acct on to debt reclaime dpt. I heard nothing for a while then i got a post card from a RMA, saying that a Mr GREEN would be calling on friday between 8am & 7pm so wondering what it was all about i rang the no. on it and found out it was a debt collector ! the guy said he wanted £165 over the phone to stop "Mr Green comming to the house" when i said i couldnt pay at that time but could pay in 2 days time by phone he refused and said that Mr Green would be there on Fri, i explained that i would be at work, he said then Mr Green would come back sat and sun till he got the money. I said thats fine i could pay him then, i asked for his name and again he refused !. On sat am i waited till 11ish then rang number the guy said that they only wanted £79.75 from me and that no one would be there to collect money at the wk end, when i asked his name he told me and after i'd paid the amount he thanked me and said good bye. He didnt seem to know why i as asked for £165 in the first place ?? Du know if anyone else has had this sort of hassle with MBNA ??

[rastafarian]

A bit of an update.

 

MBNA have settled in full but i have a few words of warning for those claiming and talking to MBNA to settle their claims

 

When i 1st spoke to them it was about my LBA for non-complaince with the S.A.R - (Subject Access Request).

 

To help things along I faxed my LBA over for charges. They confirmed the amount of charges for the last six ears, but when prompted did divulge the charges pre six years. They offered to calculate the charges paid too.

 

Because i had some estimated charges in my LBA i wasnt going to be rushed so when they offered to settle i said I wanted to think about it.

 

I then set out a schedule of chagres and costs :

 

Fee for SAR £10.00

Letters x 6 @ £6.75 each

Postage x 6 @ £1.00

Charges

Interest paid @ 16.9%

Contractual @ 22.9% compunded from date of each chrg.

 

The point of listing this is that during the discussions it became clear that they didint intend to add the interest I was charging them.

 

The interest they told me i was due was only the interest I had paid. In my case I think I made a slight mistake because id didnt revise my estimated interest to match their value and I think I lost £100 or so.

 

However, I am happy, the value of my claim ended up more than double my charges and Im happy with that.

 

All I would say to those claiming and talking to MBNA is make sure you know what you are intending to claim and dont accept anything else. have your arguments ready about why you should have them and be prepared for them to argue.

 

 

HTH

 

Glenn

.

 

Hi,

 

When I spoke to MBNA a few weeks ago they told me that they were not allowed to keep any statements on file for more than six years under VISA / Mastercard regulations. I told them that this was very unusual as as far as I knew, all the regulations said was that records had to be kept a minimum of six months. The guy on the other end was very insistent though.

 

If they found and calculated your charges gong back further than six years then it sounds like this guy was talking out of his backside as I thought. What did you say to prompt them for the earlier charges?

[Glenn UK]

Hi,

 

When I spoke to MBNA a few weeks ago they told me that they were not allowed to keep any statements on file for more than six years under VISA / Mastercard regulations. I told them that this was very unusual as as far as I knew, all the regulations said was that records had to be kept a minimum of six months. The guy on the other end was very insistent though.

 

If they found and calculated your charges gong back further than six years then it sounds like this guy was talking out of his backside as I thought. What did you say to prompt them for the earlier charges?

 

You should be cautious about interpretting what they tell you, did they say they didnt have statements or they didnt have the data?

 

Maybe theyre the same thing, maybe not.

 

Anyway I had estimated charges back to when the account started, I had estimated an amount for every month where i didint have a statements and some were older than 6 years.

 

We discussed the limitations act and why i thought the court would see it my way and he checked for earlier charges.

 

HTH

 

GLenn

[Spuddy]

Dear Glen,

i dont know about you but ive found that MBNA can be very aggressive when ringing me , when they rang to get a paymt as id missed it they asked for a post dated card paymt, i agreeded and assumed it would go through, but the following wk a lady rang to ask for double the paymt amd when i told her that id already paid by post dated paymt she said that it wasnt done and now i owe double, which i coulnt pay so i offered an amount i could afford there and then but she refused. She said she wanted the double amount only i said i couldnt afford it or it would put me over my O/D and she said thats NOT HER PROBLEM !and that if i didnt pay it i would be charged late paymt fees again, i tried to explaine that it was pointless cos the more they charged me the more i coulnt pay and that we'd get nowhere but she said she didnt care and wanted paymt , when i asked her name she refused and said it didnt matter as she would pass my acct on to debt reclaime dpt. I heard nothing for a while then i got a post card from a RMA, saying that a Mr GREEN would be calling on friday between 8am & 7pm so wondering what it was all about i rang the no. on it and found out it was a debt collector ! the guy said he wanted £165 over the phone to stop "Mr Green comming to the house" when i said i couldnt pay at that time but could pay in 2 days time by phone he refused and said that Mr Green would be there on Fri, i explained that i would be at work, he said then Mr Green would come back sat and sun till he got the money. I said thats fine i could pay him then, i asked for his name and again he refused !. On sat am i waited till 11ish then rang number the guy said that they only wanted £79.75 from me and that no one would be there to collect money at the wk end, when i asked his name he told me and after i'd paid the amount he thanked me and said good bye. He didnt seem to know why i as asked for £165 in the first place ?? Du know if anyone else has had this sort of hassle with MBNA ??

 

Hi I had similiar issues with MBNA using aggressive tactics to obtain payment. Thankfully nothing was ever passed to Debt Collectors, but I often got snotty calls, sometimes upto 5-6 a day to my mobile and home number demanding payment. When I tried to discuss the situation in a reserved manner, It was always "we don't care about your problems and the fact you have no money, pay us now, right now". Thankfully I managed to get out of all that predicament, but I still sometimes think back to the mental pressure than was applied during my times of hardship. Now claiming back over a grand! MBNA will always be a company I'll remember who are the most unrealistic and uncompromsing I've ever dealt with and I'm glad I'm suing them for money they owe me now. Needless to say, I will never ever have a credit card again. I was young at 18 and got into a lot of trouble. I applied online, received the card within days and the rest is history. My Visa Debit does everything I require of it now..

[sandrajl]

Thanks Spuddy,

i thought i was imagining it all ! am going to send off DPA letter tomorrow to get some of the charges back if i can ...let me know how your doing with your claim a ??

 

 

 

Sandrajl x

[sirowealot]

I then set out a schedule of chagres and costs :

 

Fee for SAR £10.00

Letters x 6 @ £6.75 each

Postage x 6 @ £1.00

Charges

Interest paid @ 16.9%

Contractual @ 22.9% compunded from date of each chrg.

 

 

I'm about to phone MBNA and hit them for everything I can, but I'd be grateful for a bit of clarification...

 

I get the "Contractual @ 22.9%" bit (by changing Vamp's spreadsheet from 8% TO 22.9%) but I'm not sure where you get the " Interest paid @ 16.9%" from and in what order to apply them.

 

If you have a moment, could you elaborate for me please?

 

Thanks

 

SirOweALot

[Glenn UK]

Basically the interest you pay on your credit card balance is typcially around 16.9%.

 

So you have paid this or a similar amount on the charges. This is difficult to work out but MBNA can work it out and this is what they have been doing for people.

 

In my case i estimated and i think I lost around £100 as a result.

 

Anyway when you have your charges and have a value for the interest charged then you can use a spreadssheet to calculate the interest at the cash advance value of 22.4%.

 

YOu cannot use vampiress standard spreadsheets, or more to the point you can but you will lose out.

 

You need the spreadsheet from Vampiress site accessed from a link in her singature or use the one produced by MINDZAI from a link in his signature.

 

Use these sheets wil compound the interest. The difference between that and the simple interest is signficant.

 

HTH

 

Glenn

 

PS better to take another day or two getting your figures sorted and any arguments you want to use about why you should get what youre asking for, it will be worth it.

[sirowealot]

Aah, I get it now, thanks for taking the time to explain.

 

As it happens, my monthly interest rate and cash advance are the same (1.8735% per month or 24.95% annually) so in my particular case, Vampiress' sheet will work.

 

I'm collating the various comments from various threads at the moment... I've kept 3 years of statements, and SAR'd for the rest. As soon as these drop on the mat, I'll be good to go

 

Sorry to hijack your thread and well done on the win over MBNA!

[Glenn UK]

Sadly Vampiress standard spreadsheet wont compound the interest, you still need one that does that.

 

Its not the rate of interest its the way its applied thats critical here.

 

HTH

 

Glenn

[Glenn UK]

MBNA are settling and short changing many people.

 

Before agreeing to settle make sure you get your full entitlement it may make a lot of difference to you.

 

Make sure you know the full amount you are entitled to before ringing them.

 

I set out a schedule of charges and costs and faxed this to them so they knew what i wanted in order to settle my claim.

 

My schedule included the following:

 

Fee for S.A.R - (Subject Access Request) £10.00

Letters x 6 @ £6.75 each

Postage x 6 @ £1.00

Charges

Interest I had paid on the charges @ 16.9%

Contractual @ 22.9% compounded from date of each chrg on the charges and interest I had paid.

 

The point of listing this is that during the discussions it became clear that they didn't intend to add the interest I was charging them.

 

The interest they told me i was due was only the interest I had paid. I argued that I thought the court would see it differently.

 

All I would say to those claiming and talking to MBNA is make sure you know what you are intending to claim and don't accept anything else. Have your arguments ready about why you should have them and be prepared for them to argue.

 

 

HTH

 

Glenn

[sirowealot]

Please ignore... I read the thread again and answered my own question

[gordonhall]

Hi Glen,

 

The costs you have applied to your letters - £6.75 per letter. Is this a standard fee or a figure you feel is fair in the courts mind?

 

I've done my deal with MBNA unfortunately, but am currently helping my sister out with hers and am interested to see how you dealt with yours.

 

I must say that so far, of the 6 banks I've dealt with, MBNA have been the best - strange, I hate them in every other way!!!

[Glenn UK]

Gordon

 

No its not what i feel is fair, my professional charge out rate varies between 135 - 175 (edit i wish 1750 !) per hour, this rate was determined following a thread and apparently a litigant in person can charge half the rate of a legal professional (solicitor i think?)

 

I think the thread was called something like 'can we charge them for our letters?'

 

JonChris posted info about charges and the charge per letter was 6.75 and hourly rate was 9.00 odd. To charge the hourly rate you need to keep notes and I haven't done that.

 

I would check the thread out for yourself so you can see where it comes from. Of course if you go through small claims then its unlikely the court would award costs, but hey pre court you can tell them thats what you want and if its fast track then i guess its worth making a schedule and asking the court to approve it when you win.

 

HTH

 

Glenn

[gordonhall]

-1750 per hour

 

 

Blimey, I hope this was a typo!

 

Thanks again. I'll follow up on that thread. I think I read it a while back, but maybe I'll update myself.

[missjoy]

Sorry to butt in, but i notice Glen UK that MBNA provided charges prior to 6 years ago. My understanding is you can only make a claim going back 6 years? Is this correct?

[Glenn UK]

Miss Joy

 

the limitations Act includes sec 5 i think it is that states that you cannot sue for a contractual breach more than 6 years old.

 

Fortunately Sec 32 says that where the defendant has concealed the nature of their breach of you made a mistake then the limitations applies from when you could or should have discovered the breach and then you have six years to sue from that date.

 

Most take the publication of the OFTs report into Cc charges as the start date from which you have 6 years to sue.

 

HTH

 

Glenn

[missjoy]

Glenn UK, thats a really good explanation but youve forgotten im thick...

 

lol:lol:

 

Can i claim from 6 years back from now though? Thank you for your answer, its appreciated

[Glenn UK]

NO you can claim back as far as you want, the six years is looking forward from april 2006 so you have until april 2012 to enter your claim for all the unlawful charges they took from you.

 

HTH

 

Glenn

[missjoy]

Wow... Thats about 10 years of charges.... That will run into about £2000 + interest to be added for me im sure... Thank you GlenUK

[Glenn UK]

Missjoy

 

You should however research the Limitations Act particuallry sec 32 since the banks will say you cant claim that far back so you need to be ready with your arguments as to why you can.

 

HTH

 

glenn