djc1 V MBNA

[djc1]

First off a big hellow to every one only been here 2 days, so alot to look up and learn.

Ok wher iam at at present,

 

1. on 29 June 09 sent off a template letter for SAR,

2. Also sent a template letter not from this site saying,

 

Re: Credit Card.

Account Number: **** **** **** ****

 

Without Prejudice

 

To Whom it may concern:

I would like to make arrangements to settle the above referenced matter.

Please provide me with your statement of the amount owing as of 13/07/2009 together with your assurance that you will accept payment in direct and immediate exchange for the original instrument of indebtedness in its original form.

Thank you very much.

___________________________

by: authorized party

 

3. 07/July/09 Recived letter from MBNA head of customer services saying thank you for your letter dated 29/July /09 i have passed your letter to the appropriate business area to ensure you receive a full response within the next five business days.

 

4. 15 July 09. Received a letter from customer satifaction manager, Thank you for your letter dated 29 July 09. bla bla bla I confirm the balance is £7197.43 there will be intrest on your next statement bla bla bla. I trust this clarifies the situation

 

5. 21 July 09 I send this letter.

Re: Credit Card

Account Number: **** **** **** ****

 

Without Prejudice

 

Thank you for your letter of 15/07/2009, wherein you confirm my outstanding balance as requested

It is apparent that you have overlooked or ignored my request to confirm that you would accept full payment of the alleged obligation from me in consideration of your delivery to me of the original instrument of indebtedness in its original form.

Accordingly, unless I receive your written confirmation that you will accept payment from me in consideration of your delivery to me of the original instrument of indebtedness in its original form on or before 05/08/2009. I will conclude that you are either unable or unwilling to comply, and I will thereafter consider the matter between us to have been legally and financially settled.

 

djc1

by: authorized party

 

Same day recieve letter from Global Vantedge/ Aegis

MBNA has asked us to contact you regarding the arrears on your account Bla Bla Bla

Balance £7452.87

Overdue amount £239.04

Call us now on Bla bla.

 

6. 24 July 09. Got the SAR back, Thank you for contacting usyour subject access request has been passed to me to respond to under section 7 of the data protection act1998. bla bla bla we have provided this information free of charge on this occasion.

Assistant Vice President.

 

Sorry if that is a bit long will up load docs and letters later when i get a new scanner, any thoughts or advice would be greatley welcome.

Edited August 6, 2009 by djc1
A lot of HTML code showed in post

[supasnooper]

Hi there,

 

I would advise that you send MBNA a formal request for the Credit Card Agreement which costs the statutory fee of £1.00

 

As you did not offer them the fee; MBNA quite rightly, did not comply with your request.

 

CCA template letter here (No. 8 ) - The Consumer Forums - Debt collectors

 

Amend the letter with your details, do NOT sign, enclose a £1.00 postal order and send by Recorded delivery.

[djc1]

Thanks for the response supasnooper, I sent off the CCA on wednesday after finding out about them on this forum, It arrived yesterday signed for.

 

Also after going through all the letters and paper work i see on the SAR i got from them, it says Account **** **** **** ****Previously **** **** **** **** What has happend there is that after the origional card expired, they have issued me a new card/account number but they never sent me a new card, and on the credit card statements i get from them they still have the origional account number on them, dont know if that is of any importance ??

 

Also on the SAR its late fee's and late default sum's from 12 Apr 04. till 01 Jun 09. £355, So i guess i should do another SAR covering the PPI and claim the money back ??

[supasnooper]

Hmmmm.........re. the account number changing.....I think if they inform you of this then it will continue...I'll need to check.

 

 

There should be no need to do another SAR - all the relevant details should have been supplied !

 

If you think any details haven't been supplied by MBNA then send them a Letter Before Action.

[djc1]

10 Aug 09. Well today i got two letters from MBNA the first is the same as the response i got from the first template letter that i sent off, but this one is in response to the second letter i sent them.

 

Thank you for your letter dated 21/July /09 i have passed your letter to the appropriate business area to ensure you receive a full response within the next five business days.

Martin Supple, MBNA Head Of Customer Assistance.

 

So i guess on the 17th, I will get another letter will wait and see what they say in that one.

 

The second letter is an Notice of Sums In Arrears containg balance and total arrears at date of this notice,

 

We are required by the consumer credit act 1974 to issue you this notice of sums in arrears when you have not paid us the last two minimum payments due to us bla bla bla.

 

This sounds a bit like legal stuff to me is there anything i should do about this letter or just file it ??.

[supasnooper]

You may wish to read this link as it has some good info -

 

National Debtline England & Wales | Debt Advice | Factsheet 06 Time Orders

 

I think the 2006 act now allows someone to make a time order application once they've had an arrears noticed served upon them.

Edited August 10, 2009 by supasnooper
added why link is posted

[djc1]

Yesterday 13 Aug 09. Had letter from MBNA in response to the second template letter i sent them where they say,

 

Thank you for your letter dated 21 July 09.

When looking to settle an account we advise out customers to clear the balance shown on their current statement and any residual intrest that may appear on the following statement.

 

The current balance on the account is £+,+++.++ with the next payment due to reach the account by sept bla bla. This balance will continue to accure intrest up untill the payment has cleared, This intrest will show on the next statement and will need to be paid to clear the account in full. We are unable to provide a definite settlement figure as intrest is charged on a daily basis on a credit card.

 

Now all they have done is confirm the balance and are ignoring the second bart of the letter where i'am asking for their assurance that they will accept payment in direct and immediate exchange for the original instrument of indebtedness in its origional form.

 

So i'am starting to hope that they havent got it, any thoughts about this anyone ?? I guess i will have to wait and see what comes next.

 

Also looked out the SAR i sent them I asked for a fully comprehensive list of all the default charges for late payments or going over my credit limit that i have paid on the account over the last six years, Its a few hundred pounds.

 

So my question is should i send another SAR using the template letter from this site, also asking for details of the PPI, I can find no paperwork about the insurance but iam shure there is/was insurance. Or should that have been included on the first SAR i got back from them ??

 

Any thoughts or advise please

 

djc1

[supasnooper]

The PPI paperwork should have been included in the SAR - do NOT waste a further £10.00 at the moment.

 

Write back to MBNA asking them for the missing paperwork or you will take legal action to force their compliance.

 

Use the letter below and amend to suit -

 

 

 

 

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

 

 

 

 

 

Also report them to the Information Commissioners Office.

 

This can be done online -

Complaints about data protection policy - ICO

 

.

[djc1]

Thank you, once again supasnooper, Just printed the letter out I will get the LBA off in the morning. And will Also report them to the Information Commissioners Office, once I have looked over the link provided. Have a great weekend. Will keep you up dated.

 

djc1

[djc1]

Just checked the post office site, The LBA arrived this morning just wondering if I should send off a account in dispute letter because they never gave me all the information in the first SAR they sent me or should i hold off for 14 days and see what they say next ??

[supasnooper]

You cannot put an account into dispute if a creditor fails to comply with a Subject Access Request which is made under the Data Protection Act 1998.

 

You may only put an account into dispute if the creditor fails to provide an enforceable agreement under Section 77/78 of the Consumer Credit Act 1974.

 

You are following the correct procedures for a creditor failing to comply with a Subject Access Request by reporting them to ICO; and giving them notice that you will initiate legal proceedings for their compliance.

[djc1]

Ah ok so I should wait and see if they provide an enforceable agreement first, And if they provide an agreement that i belive is not enforcable should I put the account in dispute ? or just leave things be for now.

 

Also when should I report them to the Information Commissioners Office now or when/if I get a response from the LBA ?

[supasnooper]

Ah ok so I should wait and see if they provide an enforceable agreement first, And if they provide an agreement that i belive is not enforcable should I put the account in dispute ? or just leave things be for now.

 

You'll need to see what MBNA send as an agreement before you can make a decision

 

Also when should I report them to the Information Commissioners Office now or when/if I get a response from the LBA ?

 

As the 40 day period has lapsed, please feel free to report them to the Information Commissioners Office.

This will cost MBNA over £400 to cover the ICO's investigation fees

 

 

 

Hope this helps.

[djc1]

Thanks supasnooper,

Just going away for a few days, but will crack on with what you have said when i get back.

 

As the 40 day period has lapsed, please feel free to report them to the Information Commissioners Office.

This will cost MBNA over £400 to cover the ICO's investigation fees

You learn something new every day.

 

djc1

[djc1]

Just an update.

05 Aug sent off CCA letter.

 

15 Aug sent off LBA letter ref the SAR.

 

28 Aug sent off Account in Dispute template letter.

 

25 Sept received Default Notification see below read some where that this is a normal tactic from MBNA could some one advise please.

 

MBNA Def1 picture by djc1 - Photobucket

[djc1]

26 Sept received the CCA back. In response to your request i enclose

a) A copy of your executed agreement

b) Your up to date terms and conditions

c) A copy of your most recent statement (which shows the state of your account) which has been signed

 

They have sent two copies of what look like photocopied Application form with Financial And Related Conditions on the back, The second one is the better of the two but the right side is still hard to read all of what is there

 

MBNA CCA 2F picture by djc1 - Photobucket

 

The back of the first one i cant read at all but noticed the ref number at bottom left is not the same as on front

 

MBNA CCA 1B picture by djc1 - Photobucket

 

The back of the second copy is more clear but has no ref number at bottom left, looks like its been enlarged some how and there is no black border around it as in the first one

 

MBNA CCA 2B picture by djc1 - Photobucket

 

Any thoughts as to what i should do now please

Edited September 28, 2009 by djc1

[djc1]

Bump,

Can anyone comment on the documents in the last two posts please.

[djc1]

++Bump Again ++

[djc1]

Still no response in regards to SAR or the LBA so sent off a letter requesting A copy of the credit agreement saying that this request is NOT made pursuant to section 78 of the consumer credit act 1974 but is made pursuant to the Civil Procedures Rule. Gave them 21 days to respond after that i guess its a reminder letter giving 7 days then CPR.

[djc1]

After sending off the first CPR 31.16 letter, starting to get voice messages and text messages from Mbna asking me to call then which i will not wonder how they got my new number ?

Have also had a saying,

 

This is to remind you that when payments against your agreement are not made, the whole debt outstanding becomes immediately due for demand. If failure to pay the arrears is currently a worry for you then you will certainly be unable to comply with a demand for repayment of the whole debt.

We have tried by letter and telephone to contact you, so far without success. Unless you contact us immediately our next step will be to consider contacting you through a debt collection agency and/or the courts, by way of a claim.

We would rather deal with this matter personally and amicably. Please contact us immediately on bla bla.

 

Is this a threatogram,?? or can i expect things to get nasty, any thoughts on this please.

[djc1]

In response to my first CPR 31.16 letter to MBNA, They sent a letter back saying,

 

In your letter dated xxx October you state that you request information in accorance with s78 of the consumer credit act 1974. A fee of £1.00 is applicable for each account for this information.

As the £1.00 fee was not included we are unable to proceed. Can you please re-send your request with the appropriate payment.

 

It was quite clear in my letter that the request was not made under s78 of the consumer credit act 1974. But was made under CPR 31.16

 

Genuine mistake on their part ?? or just another stalling tactic ?? Any way will send off a reminder letter to them that the request is made under CPR 31.16 and give them another 21 days.

[djc1]

Decided to send off the FORMAL REQUEST FOR INFORMATION CPR part 31.16. Checked the post office website they received it today, now just have to wait and see what they say or do now, they have 21 days to comply.

 

Have also had a second letter today saying,

This is to remind you that when payments against your agreement are not made, the whole debt outstanding becomes immediately due for demand. If failure to pay the arrears is currently a worry for you then you will certainly be unable to comply with a demand for repayment of the whole debt.

We have tried by letter and telephone to contact you, so far without success. Unless you contact us immediately our next step will be to consider contacting you through a debt collection agency and/or the courts, by way of a claim.

We would rather deal with this matter personally and amicably. Please contact us immediately.

 

Since sending the first CPR 31.16 letter, starting to get messages and text messages to contact them, which I wont. No Idea how they got my number. Any one like to hazard a guess as to what i can expect next ??

[raydetinu]

surely the CPR31.16 approach is only relevant if and when its likely to go to court, disclosure of documents etc.? can anybody confirm. the CCA doc is what you want at this stage; but beware it does not need to be signed ! however all other parts must be on order, am I correct?

[djc1]

Hi raydetinu,

 

CPR 31.16 "Disclosure before proceedings start". CPR 31.16 is designed to allow you to obtain documents from a proposed defendant in a potential case which has not yet begun. This is explained in more detail in this great thread by pt2537 check it out.

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

[djc1]

Just a update, since last post

 

Received Default Notice dated 8th of Feb 20010 and remedy date 25th of the Feb.

Received another letter dated 19th of the month stating Your outstanding balance due under the above account has been sold to the Lowell Group.

 

Not herd anything from Lowell Group and will be getting the Unlawful Recession leter off ASAP.