Concerned v MBNA

[rondodiver]

Hi to all,

 

been reading the various threads around here for a little while and have decided to take the bull by the horns and tackle those jokers at MBNA, the basic story is they upped the interest rate to 34.9%, whilst at first I wasn't concerned as they have done it before many times but a phone call later and down it went again, this time they have stood their ground and refuse to budge with absolutely no explanation other than the standard cr*P. So this is what I have done so far

 

1 Made complaint by phone (Failed )

 

2 Wrote a nice letter (Failed ) Got standard reply

 

3 Wrote a slightly more forceful letter (Failed ) Got "go away we ain't changing letter if u aint happy we will issue final response blah blah etc"

 

4 Decided in the meantime to CCA them after reading various threads

 

5 Have also sent another letter to them stating unless they reduce rate issue final response and I will forward to FSO

 

6 No response to CCA to date so I have sent the Account in dispute letter hope I got the dates right or I will look as numpty as them

 

Basically that is it no reply on CCA as yet, that was requested June 8, also stopped paying (eek) never done that before (Knowingly anyway) so after reading the threads I am waiting for the backlash now. As a matter of interest the Card is from 1997

[davey77]

1997 eh.. good chance they don't have it.. not impossible but a good chance.

 

Trading Standards been informed of the CCA failure i hope.

[rondodiver]

Not reported to Trading Standards yet just taking things a bit at a time at the moment not sure if that would do anything though. I certainly will be reporting them to the OFT though, again not sure what use that would do.

[davey77]

The OFT are finally taking notice. Might have to wait a long time before they ever come down hard on the big players but they are starting to tackle the DCA tactics:

 

The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

I'd get the complaint in to TS sooner rather than later and also do a SAR when you can as that allows up to 40 days for compliance and the ICO take quite a while to look at complaints re SAR failure.

[confoooosed-boot]

Thank you!!! MBNA have upped my rate to 34.9% as I was a few days late with some payments last year because the payment date was a few days before my pay day. I pay minimum payment in full every month and have never completely missed one.

 

i called and asked them to review and some complete on the phone just said rather patronisingly "no sorry, the only rate available to you is a higher one"!!! ...As if I would say "cool - whack it up!!"

 

I will try and do what you're doing and see what happens!

 

Its just extortionate!

[rondodiver]

Hi All

 

Just a quick update and some advice if at all possible, I haven't received any CCA yet or any replys at all regarding this. I have sent the account in dispute letter and yet have still had a late payment charge and interest added. I have had the final response letter regarding the extorniate interest rate, which will now go to the FSO as an official complaint. What really is my next step, do I remind them that they are in default by sending another letter or sit tight and wait, haven't heard a dickie bird regarding the dispute. I am ssuming at this stage they don't have a copy. Do I really need to SAR them yet as I know I have not incurred any changes until now.

[rondodiver]

Looks like I spoke too soon lol letter from Matin today saying account was in arrears which as the account is in dispute it cant be. Also got a phone call but that was soon finished when I explained that everything must be in writing only.

 

Any ideas on the next step please would be greatly appreciated.

[rondodiver]

Hi All

 

Latest update, starting to get the odd phone call now but I am able to screen my calls so this doesn't cause me any real issues there.

 

I have sent a reminder about the disputed account and also copies of the letters previousley sent requesting the CCA but still nothing to date they are just totally ignoring these letters.

 

Have today posted my complaint to the FSO we shall see how that goes.

 

Sending off the SAR this week as well as it seems that this may be the only way to flush out the CCA if indeed they have it, as they haven't sent it would it be stupidity to think they haven't got one ?

 

Would it be worth considering a F&F on the basis that without the CCA it is unenforceable therefore I can be rid of this sooner and relax again ?

 

On a note as to what started this i.e Interest rate increases I was looking into the Unfair Trading Regulations and wondered whether a 100% increase could be deemed as unfair (in my opinion it is) and whether these regulations would cover it.

 

Any comments appreciated as always.

[steven4064]

You could try a F&F on that basis - don't hold your breath though (presumably if you've dived rondo, you know that )

[rondodiver]

Thought that might be the case and yes I have to the bottom

[steven4064]

I've done it twice - 2006 down to about 35m and again in 2008 when the viz was so bad I got back in the boat

[rondodiver]

Done the dive about 4 times and the viz was always very good (well as good as it can be at that depth with a huge torch )

 

Anyway quick question Still no CCA from these people and now sent a reminder on the back of them requesting payments so have reminded them of the dispute and their obligations (clearly this will be ignored) however they are now trying to contact me by phone about 5 times a day at the moment and moved onto actually leaving a message, although my phone automatically rejects unknown private and non contact list numbers does this still count as harrasment, is it worth still sending the harrasment letter ?. I have a log of every time the call is rejected.

 

Thanks

[steven4064]

I don't think a court wouldn't count it as harassement as they never manage to speak to you. The court would say they have a legitimate right to keep trying. Send the letter nonetheless, you never know

 

How long have they had the CCA now?

[rondodiver]

Might just do that to try a provoke some sort of response.

 

They have had the CCA request since 11th June when they signed for it and dispute letter 30th June. I have had absolutley no acknowledgement whatsoever of either letters, I also sent a reminder last week which was also signed for on 3rd Aug

[steven4064]

So they have been in default for about 2 weeks

[rondodiver]

Now I am confused as I think I may have messed this up, can you run through the time frames for me please as I was under impression account would be in dispute since 26th June.

[steven4064]

You sent the CCA request on 11 June so they had until 25th (12 days plus 2 for post) to reply. So they were in default after this (as you said). However, a month after that, the default becomes an offence - they have been in that situation for 2 weeks. They have been unable to enforce the agreement since 25 June. Sorry for the confusion.

[rondodiver]

Thanks Steven much appreciated I have now calmed down and can now breath again so do I have to do anything to inform them of the offence

[steven4064]

Good advice rondodiver

 

PS in case anyone in interested - I have attached a picture or the Rondo (the picture in the article is wrong as it assumes the ship is straight when it is in fact bent)

Edited August 7, 2009 by steven4064

[rondodiver]

Hi All

 

Received confirmation from the FSO now and they may take about 2 months to investigate the interest rate hike, however I have a case number and at least they seem to be doing something.

 

Nothing from MBNA regarding my CCA request, only a couple of letters reminding me my account is in arrears. They seem to be just totally ignoring my letters completely. I have already sent a reminder that the account is in dispute should I now send another reminder ? or just sit back and play the waiting game and see what their next move is. The latest letter did elude to legal action and CRA information in a wooly sort of way.

[rondodiver]

Ok received a another reminder this morning plus the threat of legal action and default registerd with CRA. Still nothing about CCA request or any acknowledgement of my letters so I think its time to up the anti a little and send the CPR31.16 request (think thats what it is) for the document and take the fight to them. Any thoughts / help appreciated

[rondodiver]

Hi All I lifted the following from another thread and am going to send the it to try and get my agreement, hope this is enough to try and force the issue a bit.

 

Dear Sirs

 

Account number nnnnnnn

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on

11/09/2009

 

Regards

 

 

 

xxxxxxxxxxx

 

Could someone take a look for me and as usual any comments appreciated.

 

Thanks

[rondodiver]

Bump

[steven4064]

They are not obliged to compy with a request under part 31 unless a court orders it. The way to do that is to make an application to the court using a form N244 (cost £40) with a schedule of the documents you need and a witness statement saying why you need them

[rondodiver]

Thanks for that Steven, I decided to send the letter anyway to try and coax something out of them, but quite frankly I am at a loss as to what to do now really. Getting the normal letters i.e arrears blah blah blah but nothing in relation to the CCA request. Just so bl**dy frustrating