Stubie Vs MBNA

[Stubie]

Hi All,

 

Got an AOL (MBNA) card in 1997 ish.

 

In March (28th) I sent off a CCA request to MBNA - no response to date.

 

Waited 14 days and sent default notice - no response to date.

 

Sent off SAR request - still waiting.

 

Phone calls started as soon as I stopped paying them and a couple of letters which were replied to along the lines of "Where's my CCA??"

 

Now received a court threat letter. Replied along the lines of "you've got no chance but go for it if you think you can pull it off" - waiting for reply.

 

The best laugh was the letter stating that they had withdrawn my line of credit. I sent the card back in 2003 and haven't had one since. I have statements back to 2001 and can show that the last purchase was in April 2003. All I've paid since April 03 is charges and interest. Whenever I make a significant payment, they put the interest rate up.

 

I have just been made redundant - told them in a letter. This got another 6% added to the interest rate but no formal response.

 

I'm now bristling for a court battle although I don't think I will get the pleasure.

 

Any advice would be appreciated but currently waiting for the next move from MBNA. They do appear to have stopped phoning for the time being.

 

SAR is due (40 days) on 9th June 09.

 

Thanks for any support/ guidance.

 

Stubie

[supasnooper]

You could try using CPR 31.16 to get your Consumer Credit Agreement -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

You'll probably find that MBNA will send your SAR stuff very shortly after the 40 deadline - they'll have printed it off earlier but they always delay sending it....part of the game I guess.

Edited May 26, 2009 by supasnooper
addition

[Stubie]

You could try using CPR 31.16 to get your Consumer Credit Agreement -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

You'll probably find that MBNA will send your SAR stuff very shortly after the 40 deadline - they'll have printed it off earlier but they always delay sending it....part of the game I guess.

 

Hi supasnooper,

 

Thanks for that.

 

I've read the thread you mention and am waiting for the SAR to came back before I go the CPR route. I think this route is quite costly so would like to avoid if I can as redundancy has stunted my options in terms of expenses.

 

I did send the SAR off a while back but they came back with "we need a document with your sig on to confirm your ID against our records", more delaying I guess. I don't think they have my sig to compare against anyway. They got a really blurred one which will be instantly recogniseable if they try to photoshop it.

 

The SAR is due on June 20th, from memory. Will see what July brings.

 

I have most statements back to Dec 01 and in that time I have spent about £400 (purchases) but paid £9500 into the account. I have no problem paying what I spent but a refund of all payments in excess of expenditure would be very welcome, in my present circumstances. How would you rate my chances?

 

Thanks again

 

Stubie

Edited May 26, 2009 by Stubie
Added a bit

[Stubie]

Hi,

 

I had a call from MBNA last night wanting to set up a call to review my financial circumstances.

 

I have agreed to this as I want to push them to come up with the agreement - so far I have sent 3 letters to 0 (zero) replies. I also wanted to confirm that the account is in default (and has been since 20th April) and all the other good stuff about non-enforcibility. And finally, to highlight that I am considering claiming all interest and charges etc in the absense of a CCA.

 

I propose to record the call - and tell them I'm doing it - and have my partner (Det. Con. Stubie) on the call - also introduced - as a witness and observer.

 

Is this a wise tactic or should I just say I've been advised to limit communication to written.

 

Any advice greatfully received.

 

Finally, can anyone point me at some top shelf POC to plagerise.

 

Thanks

 

Stubie

 

P.S. What do I have to do to be promoted from Basic account holder? I feel so stigmatised.

Edited May 27, 2009 by Stubie
added P.S.

[Stubie]

Well, I'm sorry supasnooper, but my SAR came back today - 20 days early, no reminders.

 

They must like me

 

Haven't gone through it all yet - too sunny outside!

 

I have got the usual tear off strip, microfiche malarky that most people get. Which I think is an application form. I've scanned both sides and flipped one to see if the tear lines up and it appears to.

 

Is there a consensus on the legality of these, I've read both sides but is there any precedent I might have missed.

[Stubie]

Having gone through the SAR I find it only goes back to 2000. There is no detail until 2002. The account was in operation prior to this but I'm not sure when it was opened.

 

Anyone know how I can get details pre 2002 if MBNA haven't provided them. Can I justify an estimation based upon the history that I can evidence?

[Stubie]

Hi, any one who reads this,

 

I know I haven't done much here recently but as you can see from the above it was a bit one-sided.

 

I have just had a letter from MBNA telling me I must pay £43 ish or I will no longer be a customer of MBNA - I'm devastated, naturally, but they say they will sell the debt.

 

Anyone know which bunch of wasters I am due to lock horns with next?

 

Thanks

[vint1954]

Hi, any one who reads this,

 

I know I haven't done much here recently but as you can see from the above it was a bit one-sided.

 

I have just had a letter from MBNA telling me I must pay £43 ish or I will no longer be a customer of MBNA - I'm devastated, naturally, but they say they will sell the debt.

 

Anyone know which bunch of wasters I am due to lock horns with next?

 

Thanks

Did they send a copy of your agreement? and have they issued a Default notice. They must do this before they terminate the account and sell it on.

[Stubie]

I got a copy of a microfiche tear off strip - fairly standard, I think.

 

I did get a default, I didn't run it by the regs to see if its complian or not, perhaps I should now.