Manxcat2206 v MBNA & Virgin Money

[manxcat2206]

OK, so I've got both an MBNA Platinum card and a Virgin Money card.

 

To date, I've CCA'd MBNA for both and had no reply. So I've put the accounts in dispute, and still had no reply.

 

Looking through other threads, this seems to be standard for MBNA. I've also had no phone calls from them at all requesting payments.

 

How long should I expect the silence to last? Should I Subject Access Request them now, or do I wait until they start hassling for payment?

[supasnooper]

You could send the creditor a Subject Access Request which will cost you £10 to try to flush out the Consumer Credit Agreement or you could use CPR 31.16.

 

Have a read of the link below on CPR31.16 -

 

PT's 31.16 thread

and see the result -

 

** ORDER TO PRODUCE CCA CPR31.16 WIN ***

[manxcat2206]

Hi and thanks for the info.

 

As I'm going to full SAR with everyone else, I think I might go this route with these guys as well. Seeing as I'm probably going to have to do this eventually anyway, it's probably as easy to just go straight to the final information request at this stage.

 

A quick question though, if anyone know the answer. I understand why it's important not to sign anything for them so they can't copy the signature onto one of their documents, but my situation I think is slightly different.

 

My cards (all of them, on various threads) were taken out before I met my husband, so my signature now wouldn't match anyway. I'm thinking this should make it less of an issue if I send them a cheque for the SAR instead of a postal order as the signature I'll be putting on the cheque wouldn't be of any use to them anyway in trying to 'mock-up' an original agreement document. I thought it might be interesting to see if they did try to make up an agreement using the wrong signature.

[manxcat2206]

Quick question please - I just want to confirm something.

 

I've sent the account in dispute letter for both accounts with MBNA and also the Subject Access Requests with payment.

 

Today I've received another set of statements from them - still no acknowledgment of anything I've sent them, which is no surprise. They're still adding interest and late fees on the statements.

 

Given that these are probably going to have to go all the way to court hearing as they're not even acknowledging my requests for information, I believe that as they didn't supply the required information within the deadlines, any interest and charges they've added since then would be null and void what with the accounts being in dispute now, and they're over the 1 month to supply the CCA information so are also in breach of the Act. Just wanting to know what the score on these would be if they did eventually manage to produce enforceable agreements.

[manxcat2206]

Well, even I'm struggling to believe these guys are for real. Having not so much as acknowledged any of my requests for information, they've now started phoning me up!

 

They rang from a withheld number, to my mobile, so of course I refused to answer any security as they couldn't prove where they were calling from. At which point, they promptly told me they would give me part of my security information if I would then confirm the rest. So I told them to get lost and hung up. They called back twice more, asking me not to disconnect the call on them - which of course I ignored and disconnected immediately, although not before I had a bit of a temper tantrum with them for continuing to phone back when I'd told them not 5 minutes before that I was discussing nothing as I didn't believe who they were.

 

As a question though, am I doing anything illegal if I just play some sort of very, very loud noise down the phone when they ring - I'm thinking a bit of heavy metal at full tilt or something similar to discourage them from continuing.

 

And, of course as they've had all the other letters, phone harassment letter going out on Monday although no doubt they'll ignore that one too.

[manxcat2206]

Still nothing at all from MBNA except more phone calls and a threat of trashing my credit file if I don't pay up. Here we go with the next round of letters. Should I now use the one that states that as they've still not complied, I'll give them another 21 days to produce the document and assume the account to be closed if nothing is forthcoming?

[supasnooper]

You could send MBNA a 7 day Letter Before Action which normally wakes them up....

 

Your Name

 

Your Address

Your Town

Your County

Your Postcode

Date 2009

The Company Secretary

The Creditor

Creditors address

Creditors Town

Creditors county

Creditors postcode

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

Account: XXXXXXXXXXXX

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

I will remind you as to what documents I expect.

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my accounts history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

14. Any Other information relating to this account.

 

If you do not comply within the next 14 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours Faithfully,

Print your name here

Do NOT sign, Send by recorded delivery.

If they still do not comply then you must follow through the threat of court action.....you'll only look foolish if you don't.

Here's how one cagger got on - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb.html

[manxcat2206]

So, the SAR information turned up today (some of it at least - there's still bits missing). What they're calling the agreement is exactly what I've seen posted elsewhere - the signature form and some T&Cs. If I recall correctly, someone won a case against them recently based on this signature form being used by them as the agreement? So this one's looking a little better for me at this stage.

 

In addition, my husband has had a secondary card on this account since day one - had forgotten I took this one out after I met him but before we got married. The signature form they've supplied has only my signature on it and there's no additional form with his signature - yet they accepted his signature on transactions, apparently without holding a copy on their records. Now I would have thought that this must put them in breach of something.

 

And the information they've sent me states that I didn't want PPI, but it's been charged - and quite a large amount at that.

 

One of the documents that's missing is from a letter I sent them about a year ago. There were a few successive months where my statement kept arriving on the payment due date, so they charged me a late payment fee every single month. I wrote to them about it, and I got a letter back stating that there was nothing they could do about it and I'd have to pay by direct debit if their statement production was causing late payment. Personally, I think this should be an important document because they've pretty much said that although they acknowledge there's a problem, they're not prepared to do anything about it. They also refused to refund any of the charges, although that's about to change now whether they like it or not!